The germ Terms of Service

TL;DR Version: Play nice, be nice, and everybody wins!

SmokyBeaker Labs Inc. ("SmokyBeaker Labs") provides germ.io ("germ") and its related services (“Service”) subject to your compliance with the terms and conditions (“Terms of Service”) set forth below. Please read the following carefully.

SmokyBeaker Labs Inc. reserves the right to update and modify the Terms of Service at any time without notice. New features that may be added to the Service shall be subject to the Terms of Service. Should you continue to use the Service after any such modifications have been made, this shall constitute your agreement to such modifications. You may always view the most recent copy of the Terms of Service here at: http://germ.io/terms/

Violation of any part of the Terms of Service will result in termination of your account.

Account Terms

You must be 13 years or older to use this Service.

You must provide your full legal name, a valid email address, and any other required information to complete the sign-up process.

You are responsible for maintaining the privacy and security of your account. SmokyBeaker Labs will not be held liable for any damage or loss that may result from your failure to protect your login information, including your password.

germ may communicate with you via email regarding your account, system updates, or other issues related to your account.

You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others to your account).

SmokyBeaker Labs may refuse service to anyone for any reason at any time.

Payment and Access

There is currently no fee associated with using germ.io, and you do not need a credit card or any other payment instrument in order to access germ. When we do introduce a paid plan in the future, we will intimate all users via email regarding the charges and payment procedures associated.

Modifications to the Service and Fees

SmokyBeaker Labs reserves the right to modify, suspend, or discontinue the Service at any time for any reason with or without notice.

SmokyBeaker Labs reserves the right to introduce or change monthly fees and payment plans upon 30 days notice from us. Fee change notices may be posted to the Service or on the germ.io website: http://germ.io

Copyright and Ownership

SmokyBeaker Labs or its suppliers own the intellectual property rights to any and all protectable components of the Service, including but not limited to the name of the Service, artwork and end-user interface elements contained within the Service, many of the individual features, and the related documentation. You may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or dissemble any aspect of the Service which SmokyBeaker Labs or its suppliers own.

SmokyBeaker Labs claims no intellectual property rights over the Content you upload or provide to the Service. However, by using the Service to send Content, you agree that others may view and share your Content.

General Conditions

Your use of the Service, including any content, information or functionality contained within it, is provided “as is” and “as available” with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of this Service.

You agree not to resell, duplicate, reproduce or exploit any part of the Service without the express written permission of SmokyBeaker Labs.

You may not use the service to store, host, or send unsolicited email (spam) or SMS messages.

SmokyBeaker Labs will maintain commercially acceptable administrative, physical and technical safeguards to protect the security, confidentiality and integrity of Your Data. These safeguards include encryption of your Content in transmission (using SSL or similar technologies), which you may link to through the Service at Your election.

You may not use the service to transmit any viruses, worms, or malicious content.

SmokyBeaker Labs makes no warranties regarding (i) your ability to use the Service, (ii) your satisfaction with the Service, (iii) that the Service will be available at all times, uninterrupted, and error-free (iv), the accuracy of mathematical calculations performed by the Service, and (v) that bugs or errors in the Service will be corrected.

SmokyBeaker Labs, its affiliates and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to your use of the Service. Your sole remedy for dissatisfaction with the Service is to stop using the Service.

If any provision of the Terms of Service is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby.

SmokyBeaker Labs may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

The failure of SmokyBeaker Labs to exercise any right provided for herein shall not be deemed a waiver of any right hereunder. The Terms of Service sets forth the entire understanding between you and SmokyBeaker Labs as to the Service and supercedes any prior agreements between you and SmokyBeaker Labs (including, but not limited to, prior versions of the Terms of Service).

Any questions regarding the Terms of Service should be addressed to "legalese[at]germ[dot]io".

Username Policy

Creating Usernames: Your germ.io account is tied to a unique username when you signup. germ.io usernames are claimed on a first-come, first-served basis. Only one username can be attached to a single account at a time.

Inactivity and name squatting: We encourage you to actively use your germ.io account. Inactive accounts may be renamed or removed by the germ.io team at their discretion. Name squatting and trademark violations in username by the use of a company or business name, logo or other trademark protected materials in a manner that may mislead or confuse others with regard to its brand or business affiliation is strictly prohibited. Attempts to sell, buy or solicit other forms of payment in exchange for account names is prohibited and may result in permanent account suspension.

SmokyBeaker Labs reserves the right to blacklist, remove, reclaim or force forfeiture of usernames at its sole discretion.

Export Compliance

Your use of the Service is subject to export and re-export control laws and regulations (“Export Controls”), including the sanctions programs maintained by the United States Treasury Department’s Office of Foreign Assets Control. You warrant that you are not a person, entity or government restricted or prohibited by Export Controls with respect to the Service (“Restricted Person”). You shall not, directly or indirectly, sell, export, re-export, transfer, divert, or otherwise dispose of the Service or any of its components to any Restricted Person. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority.

Governing Law

These TOS shall be governed by the laws of the State of Delaware without regard to the principles of conflicts of law. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of Delaware for the purpose of resolving any dispute relating to Your access to or use of the Service.