Terms

These Terms of Service took effect on January 13, 2013.

Fidito ("Fidito") website, products, services, and software downloaded to your computer, phone, tablet, or other device ("Products") are provided by Fidito. These Terms of Service ("Terms") govern your access to and use of our Products. Please read these Terms carefully and if you have any questions please contact us. You agree to be bound by these Terms and our Privacy Policy by your use or access of our Products.

1. Use

You may use or access our Products only if you can form a binding contract with Fidito, and only if you can comply with these Terms and all applicable laws. Persons under 13 years of age are prohibited from accessing and using our Products.

Some features, for example providing feedback or suggesting sites, may require you to provide your information or create an account. You must provide accurate information when you create your account. If your use or access or account is for an entity including company or organization, then “you" includes that entity and you, and you agree to these Terms on the entity's behalf and bind the entity to these Terms and you warrant and represent that you are authorized to grant all permissions and licenses that these Terms provide.

You agree that we may automatically improve and upgrade our Products, and these Terms will apply to such improvements and upgrades.

Subject to these Terms and our policies, Fidito grants you a limited, non-transferable, revocable, and non-exclusive license to use our Products. You agree not to sell, distribute, license, reproduce, modify, or otherwise use our Products without our permission, except as expressly provided in these Terms.

2. Your content

"User Generated Content" is anything that you make available on our Products. User Generated Content includes search queries, posts, suggested sites, comments, feedback, and other content you post. You are solely responsible for and retain all rights in User Generated Content. You agree not to post any User Generated Content that violates any law or infringes the rights of any third party creator and content owner.

You grant Fidito and its users a worldwide, transferable, non-exclusive, royalty-free, sublicensable license to use, display, reproduce, store, modify, perform, create derivative works, and distribute User Generated Content on Fidito solely for the purposes of operating, developing, providing, and using the Products. We reserve the right to remove or modify User Generated Content for any reason and no reason. Nothing in these Terms shall restrict other legal rights Fidito may have to User Generated Content.

You agree that we are free to use User Generated Content including comments, ideas, and feedback, with no compensation to you and with no restrictions. If we accept your submission of User Generated Content including comments, ideas, and feedback, Fidito does not waive any rights to use similar or related User Generated Content including comments, ideas, and feedback, previously known to or developed by Fidito or obtained from sources other than you.

If you remove any User Generated Content, or terminate or deactivate your account, Fidito and its users may retain and continue to use, display, store, reproduce, modify, perform, create derivative works, and distribute any of User Generated Content that other users have stored or shared through Fidito.

3. Security

We care about our users’ security and work to protect it. We use reasonable technical, managerial, administrative, and physical measures to protect your personal information from unauthorized access. Unfortunately, no security system can be guaranteed to be fully secure. Therefore we cannot guarantee that our security measures will not be compromised, and cannot assume liability for improper access to your information. Please let us know immediately if you believe your account has been compromised or used without your authorization.

You are responsible for the confidentiality of information needed to access your account and your computer or other device through which you access our services. If you share your devices or account with other persons, or disclose your password to other people, you take full responsibility for their actions.

4. Copyright Policy

We respect the intellectual property rights and trademark rights of others and expects its users to do so too. Please let us know if you are concerned that someone is using our Products in an infringing way. Fidito will review your concern and take action under appropriate circumstances and in its sole discretion.

5. Third-party

Our Products may contain links to third-party websites and advertisers that we do not own nor control. We are not responsible or liable for (a) the availability or accuracy of such websites and advertisers; or (b) the products, services, or content on or available from such websites and advertisers. We do not endorse such third-party sites or advertisers or the content, information, services, and products on or available from such websites or advertisers. If you choose to use or access such third parties from our Products, you agree that you are doing so at your own risk and that Fidito will have no liability from your such use or access. For your convenience, here are the policies from Google, Facebook, and Twitter.

6. Termination.

We may suspend or terminate this license at any time with our without cause or notice to you. Upon termination, you continue to be bound by Sections 2 and Sections 6 through 10 of these Terms.

7. Indemnity

If you use our Products for commercial purposes as determined in our sole discretion, you agree to hold harmless and indemnify Fidito and its directors, officers, agents, and employees, from and against any disputes, claims, liabilities, suits, proceedings, losses, demands, expenses and costs, damages, including, without limitation, revenue loss or profit loss whether incurred indirectly or directly, goodwill or data or other intangible loss, or reasonable accounting and legal fees (including costs of defending suits, proceedings, or claims, that third parties may bring), in any way related to your User Generated Content, your access to or use of our Products, or your breach of these Terms.

8. Disclaimers

Our Products and all included content are provided on an "as is" and “as available” basis without warranty of any kind, whether express or implied. Fidito SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE

Fidito makes no warranty and disclaims all responsibility and liability for: (a) any User Generated Content that you or any other user or third party posts or transmits using our Products (b) any harm to your computing system, data loss, or harm resulting from your access or use of our Products (c) whether our Products will meet your purpose or be available on a secure, uninterrupted, or error-free basis. You agree that your access or use of our Products may expose you to content, information, or User Generated Content that is objectionable, inaccurate, inappropriate for children, or otherwise unfit for your objectives, and you agree that Fidito shall not be liable for any damages you allege to incur as a result of User Generated Content.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIDITO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR USE OF OR ACCESS TO OR INABILITY TO USE OR ACCESS THE PRODUCTS; (B) ANY CONTENT OR CONDUCT OF ANY THIRD PARTY ON OUR PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY ILLEGAL, OFFENSIVE, OR DEFAMATORY CONDUCT OF THIRD PARTIES OR OTHER USERS; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR (D) ANY CONTENT OBTAINED FROM THE SERVICES. IN NO EVENT SHALL FIDITO'S AGGREGATE LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).

10. General Terms

Assignment. You may not assign or transfer these Terms, or any licenses and rights granted here, but Fidito may assign them with no restriction. Any transfer or assignment that is attempted and is in violation of these Terms shall be null and void.

Waiver, Entire Agreement, Severability. The failure of Fidito to exercise or enforce any provision or right of these Terms shall not constitute a waiver of such provision or right. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. These Terms, our Privacy Policy, any additional agreements, and any amendments you may enter into with Fidito, shall constitute the entire agreement between you and Fidito concerning the Products. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

Governing Law and Jurisdiction. These Terms shall be governed by the laws of the State of California, without regard to its conflict of laws principles or your state or country of residence. Both parties agree to submit to the personal jurisdiction of a federal or state court located in Santa Clara County, California, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. Our Products are operated, controlled, and maintained from the United States. We make no representations our Products they are appropriate or available for use in other locations. If you choose to use or access our Products from outside of the United States, you agree that you do so on your own initiative and that you are responsible for compliance with applicable local laws.

Notification Procedures and changes to these Terms. We may revise these Terms from time to time. The most current version will always be posted on our website. We will notify you if in our sole discretion a revision is material. Fidito reserves the right to determine the means and form of providing notifications to you. By continuing to use our Products or access our Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the revised terms or new terms, please stop access and use of our Products.