Terms of Use
Last Updated: December 25, 2022
IMPORTANT NOTICE: DISPUTES ABOUT THESE TERMS ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE “MANDATORY ARBITRATION AND CLASS ACTION WAIVER” PROVISIONS BELOW IN SECTION 14.
These Terms of Use (the “Terms”) are a legal agreement between you and Particle Media, Inc., a Delaware corporation, its subsidiaries, and affiliated companies (collectively, “TechyK,” “we,” “us,” and “our”). These Terms apply to your use of the TechyK services through the TechyK website, mobile application, and related products and services (the “Services”). All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Services in any manner, and each of your heirs, assigns, and successors. By using TechyK’s services, or by registering an account, you agree to these Terms.
Our Privacy Policy explains how we collect and use your information while our Community Standards, Publisher Content Policy, Creator Content Policy outlines your responsibilities when using our Services. By accessing or using our Services, you’re agreeing to be bound by these Terms and our Community Policy. If you do not agree to our Community Policy or these Terms, then you have no right to access or use the Services. For information about how we collect, use, and share the data we collect from and about you, please see our Privacy Policy.
Depending on how you use the Services, other terms might also apply to you if you use specific services, such as the Ad Platform Terms of Service, Advertising Policy, Publisher Platform Terms of Service, Creator Program Terms of Service, Creator Content Requirements, Creator Monetization Policy or Monetization Terms. Additional terms may also apply for promotions, sweepstakes, contests, giveaways, or similar programs. If these Terms are inconsistent with any such policies or additional terms, the terms of the applicable policy or the additional terms shall apply. The dispute resolution provisions in Section 14 below shall apply to any dispute arising under these Terms or any applicable additional terms, even if there is a conflict between these Terms and the applicable additional terms.
We may, from time to time, modify these Terms. Please check this page periodically for updates. Any changes will be posted on the Services. If you do not agree to, or cannot comply with, the modified Terms, you must stop using the Services. The updated Terms will take effect after their posting and will apply on a going-forward basis, unless otherwise provided in a notice to you or as required by applicable law, and except as provided in the Mandatory Arbitration and Class Action Waiver section (Section 14) of these Terms, which may only be changed as stated in that section. Your continued use of the Services after any such update constitutes your binding acceptance of such changes.
Eligibility
To use the Services you must be, and represent and warrant that you are, of legal age (18 years of age or older or otherwise of legal age in your jurisdiction, or, if you have parental consent, 13 years of age) and competent to agree to these Terms.
If you are in the U.S. and under 13, you may not use our Services under any circumstances or for any reason. Our Services are not targeted at anyone who is under 13 years of age. If you know of anyone under the age of 13 using our Services, you may report their use to compliance@techyk.org
If TechyK has previously prohibited you from accessing or using the Services, you are not permitted to access or use the Services absent the express, written consent of TechyK.
Account Registration and Use
1. Account Registration and Confidentiality.
You may be required to create an account to use the Services. If so, during the registration process, you must select a username and password and provide us with additional information, such as your email and physical address. You agree to provide us with accurate, complete, and current registration information about yourself. It is your responsibility to ensure that your password remains confidential and secure. By registering, you agree that you are fully responsible for all activities that occur under your username and password. We may assume that any communications we receive under your account have been made by you.
You may choose to access our Services through a third-party, such as Facebook or Google, and if you do this, you give us permission to access and use certain information from that third-party account. By using our Services, you are permitting us to collect, store, keep, and use any of the information you permitted the third-party to provide to us. You can control the amount of information accessible to Techy by adjusting your privacy settings within your third-party account. We will use this data in accordance with our Privacy Policy. Techy has no liability or responsibility for the privacy practices or other actions of any third-party site or service that may be enabled within the Service.
2. Unauthorized Account Use.
You are responsible for notifying us at compliance@techyk.org if you become aware of any unauthorized use of or access to your account. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account. TechyK will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or account, either with or without your knowledge and/or authorization, and regardless of whether you have or have not advised us of such unauthorized use. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by TechyK or a third party due to someone else using your account.
User Content
1. User Content.
All Content added, created, uploaded, submitted, distributed, or posted (“Posted”) to the Services by users (collectively “User Content”) is the responsibility solely of the person who originated such User Content. For clarity, subject to the license you provide to TechyK as set forth below, you retain your rights to any User Content you Post on or through the Services. These Terms do not grant you any right, title, or interest in TechyK’s Content, our Services, or other users’ Content on the Services.
2. Our License to your User Content.
When you Post User Content on or through the Services, you grant TechyK a world-wide, perpetual, irrevocable, royalty-free, non-exclusive, and sub-licenseable license to use, copy, distribute, reproduce, modify, edit, adapt, publicly perform, publicly display, translate, create derivative works from, sell, lease, transmit, disassemble, and publish such User Content, in whole or in part, in any format or medium now known or developed in the future, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels now known or developed in the future. To the extent any User Content you submit includes biographical information, including your name, likeness, voice, or photograph, you acknowledge and agree that this license shall apply to the same.
With respect to your User Content, you are agreeing to appoint TechyK as your irrevocable attorney-in-fact, with the right to execute and deliver any documents, in your name and on your behalf, to ensure that TechyK can own and protect the rights in any work created from your User Content.
3. User Content Representations.
You acknowledge and agree that all User Content that you Post is your sole responsibility. You further agree that you have all required rights to Post such User Content without violation of any third-party rights. You understand that TechyK does not control, and is not responsible for, User Content, and that by using the Services, you may be exposed to User Content from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Please also note that User Content may contain typographical errors, other inadvertent errors or inaccuracies. You agree that you will indemnify, defend, and hold harmless TechyK for all claims resulting from User Content you Post. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event, you will cooperate with us in asserting any available defenses.
4. User Content Review.
You acknowledge and agree that TechyK and its designees may or may not, at TechyK’s discretion, pre-screen User Content before its appearance on the Services, but that TechyK has no obligation to do so. You further acknowledge and agree that TechyK reserves the right (but does not assume the obligation) in its sole discretion to reject, move, edit or remove any User Content. Without limiting the foregoing, TechyK and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in TechyK’s sole discretion. This is particularly true for User Content that infringes on the intellectual property rights of others. We reserve the right to terminate the account of any user that repeatedly infringes on the intellectual property rights of others. You acknowledge and agree that TechyK does not endorse, verify, adopt, ratify, or sanction, and is not liable for, any User Content, and you agree that you must evaluate and bear all risks associated with your use of User Content or your reliance on the accuracy, completeness, or usefulness of User Content.
5. Feedback.
To the extent you submit any comments, suggestions, ideas, proposals, plans or feedback related to the Services or our business (“Feedback”), you acknowledge and agree that you are submitting that Feedback at your own risk and that TechyK has no obligation (including of confidentiality or privacy) with respect to your Feedback. Any Feedback will be considered non-confidential and non-proprietary to you. By submitting the Feedback, you grant to TechyK a non-exclusive, royalty-free, fully paid, unlimited, worldwide, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license, in any and all manner and media, whether now known or hereinafter invented or devised, to reproduce, license, distribute, modify, adapt, publicly perform, publicly display, create derivative works of (for example, translations, adaptations, or other changes), and otherwise use and exploit in any manner (including commercially), any and all Feedback, without compensation to you. You hereby waive any and all moral rights or “droit moral” that you may have in Feedback, and you represent and warrant that no third party has any moral, “droit moral” or other rights in the Feedback.
License and Prohibited Conduct
1. Your License.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access and use the Services and Content only for your own internal, personal, or non-commercial use, and only in a manner that complies with all legal requirements that apply to you or your use of the Services. Techy may revoke this license at any time, in its sole discretion. We may also create limits on the use or storage of User Content.
2. Prohibited Uses.
Use of the Services for any illegal purpose, or any other purpose not expressly permitted in these Terms, is strictly prohibited. Without limitation, you will not:
– Infringe on, remove, or alter any copyright, trademark, patent, trade secret, right of publicity or other right of any other person or entity or violates any law or contractual duty.
– Post, utilize, or otherwise make available any other party’s intellectual property unless you have the right to do so, or remove or alter any copyright, trademark or other proprietary notice contained on the Services;
– Collect, Post, or store personal information of others without their consent.
– Use the Services commercially, for benchmarking, or to compile information for a product or service;
– Copy, download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms), modify, distribute, post, transmit, display, perform, reproduce, broadcast, duplicate, publish, republish, upload, license, create derivative works from, or offer for sale any Content or other information contained on or obtained from or through the Services, by any means except as permitted in these Terms or with the prior written consent of TechyK;
– Scrape, access, monitor, index, frame, link, or copy any Content or information on the Services by accessing the Services in an automated way, using any robot, spider, scraper, web crawler, or any other method of access other than manually accessing the publicly available portions of the Services through a browser or accessing the Services through any API approved by TechyK;
– Violate the restrictions in any robot exclusion headers of the Services, if any, or bypass or circumvent other measures employed to prevent or limit access to the Services;
– Attempt to probe, scan or test the vulnerability of any TechyK system or network or breach any security or authentication measures;
– Post material that advocates illegal activity or discusses illegal activities with the intent to commit them;
– Post or otherwise make available any material that contains any software, device, instructions, computer code, files, programs and/or other content or feature that is designed to interrupt, destroy, harm, or limit the functionality of any computer software or hardware or telecommunications equipment (including without limitation any time bomb, virus, malware, software lock, worm, self-destruction, drop-device, malicious logic, Trojan horse, trap door, “disabling,” “lock out,” “metering” device or any malicious code);
– Post or do anything that could disable, overburden, or impair the proper working of the Services;
– Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
– Post material that impedes or otherwise prohibits communication or disrupts user discussion;
– Post any trade secrets or other confidential information, or post any material that you do not have a right to make available under any law or under contractual or fiduciary relationships, including but not limited to inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements;
– Falsely state or otherwise misrepresent your affiliation with a person or entity, or impersonate any person or entity in a manner that does not constitute parody;
– Use another person’s account without authorization;
– Solicit personal or sensitive information from other users including without limitation address, credit card or financial account information, or passwords;
– Frame, inline link, or similarly display the Services or any portion of the Services;
– Send spam or other advertisements or solicitations, surveys, contents, pyramid schemes, promote commercial entities, or otherwise engage in commercial activity on or through the Services;
– Interfere with any other party’s use and enjoyment of the Services; or
– Violate any applicable law or regulation.
Copyright Policy
TechyK respects the intellectual property rights of others and asks that users of our Services do the same. If you believe any Content accessible on or from the Services infringe your copyright, you may request removal of that Content (or access to it) from the Services by submitting written notification to our copyright agent designated below. The written notification must include
- 1. An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest.
- 2. Identification of the copyrighted work claimed to have been infringed.
- 3. A description of the Content on the Services that you claim is infringing, and information reasonably sufficient to permit us to locate the material (for example, the URL of the webpage).
- 4. Your name, address, telephone number, and, if available, email address.
- 5. A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- 6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Advertising Rights
TechyK reserves the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with the Services, and TechyK and its licensors or affiliates will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in the Agreement obligates or may be deemed to obligate TechyK to sell, license or offer to sell or license any advertising, promotion or distribution rights.
Modification and Termination
1. Modification of Services.
TechyK reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof), with or without notice. You agree that TechyK shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services.
2. Termination.
These Terms are effective unless and until terminated by you or us. We may, in our sole and absolute discretion, deny you access to all or part of the Services at any time for any or no reason at all, with or without notice to you. If we terminate your right to access the Services, these Terms will terminate and all rights you have to access the Services will immediately terminate; however, certain provisions of these Terms will still apply post termination, including without limitation, the Mandatory Arbitration and Class Action Waiver provisions below in Section 14. Termination of your account may also include, at TechyK’s sole discretion, the deletion of your account and/or User Content.
General Terms
1. Third-Party Beneficiaries/Relationship between the Parties.
You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. No agency or employment between you and TechyK is created as a result of the Terms or your use of the Services.
2. Statute of Limitations.
Except for residents of New Jersey, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services and/or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Any Issue?
If you have any questions about these Terms, please contact us by email at compliance@techyk.org
