Terms of Service

Effective Date: September 5, 2014



General

Thanks for showing an interest in URL Melter, which is owned and operated by Penguin George ("Penguin George", "us", or "we"). These terms and conditions ("Terms") apply to all users (individually an "End User") of the URL Melter website and the URL Melter iOS app and related software (collectively, "Services"). References to "you" and "your" shall, from hereon in, refer to any End User as applicable.

Modification

Penguin George reserves the right, at its sole discretion, to modify, replace or remove parts of the Terms at any time, and to suspend or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the URL Melter website. Penguin George may also impose limits or restrictions on your use of the Services without notice or liability. It is your responsibility to check these Terms periodically for changes. Your use of the Services following the posting of any changes to these Terms constitutes acceptance of those changes.

Eligibility

You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances, use the Services. Penguin George may, in its sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.

Rules of Conduct

  1. You promise not to use the Services for any purpose that is prohibited by these Terms. You are responsible for all your activity in connection with the Services.
  2. You shall not:
    1. take any action that imposes or may impose (as determined by Penguin George in its sole discretion) an unreasonable or disproportionately large load on Penguin George’s (or its third party providers’) infrastructure;
    2. interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
    3. bypass any measures Penguin George may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services);
    4. run any form of auto-responder or “spam” on the Services;
    5. use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Services;
    6. harvest or scrape any Content from the Services; or
    7. otherwise take any action in violation of Penguin George’s guidelines and policies.
  3. You shall not (directly or indirectly):
    1. decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any aspect, feature or part of the Services, except to the limited extent applicable laws specifically prohibit such restriction;
    2. modify, translate, or otherwise create derivative works of any part of the Services; or
    3. copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
  4. Penguin George reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to
    1. satisfy any applicable law, regulation, legal process or governmental request;
    2. enforce these Terms, including investigation of potential violations hereof;
    3. detect, prevent, or otherwise address fraud, security or technical issues;
    4. respond to user support requests; or
    5. protect the rights, property or safety of Penguin George, its employees, users and the public. This includes exchanging information with other companies and organizations for fraud protection and spam prevention.
  5. Also, you shall not, and shall not permit any third party to, either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content (including User Content) on or through the Service that:
    • infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
    • is unlawful, such as content that is threatening, abusive, harassing, defamatory, libelous, fraudulent, invasive of another’s privacy, tortuous, or related to terrorism and extremism;
    • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
    • contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Penguin George or any third party;
    • impersonates any person or entity, including any employee or representative of Penguin George;
    • includes anyone’s identification documents or sensitive financial information; or
    • is otherwise determined by Penguin George to be inappropriate at its sole discretion.

Termination

Penguin George may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. All provisions of these Terms which by their nature should survive termination shall survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Warranty Disclaimer

  1. Penguin George has no special relationship with or fiduciary duty to you. You acknowledge that Penguin George has no control over, and no duty to take any action regarding:
    1. which users gain access to the Services;
    2. what content you access through the Services;
    3. what effects the content may have on you;
    4. how you may use or interpret the content; or
    5. what actions you may take as a result of viewing the content.
  2. You release Penguin George from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Penguin George makes no representations concerning any Content contained in or accessed through the Services, and it will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services.
  3. THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. PENGUIN GEORGE, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
  4. ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 USC 2701-2711): PENGUIN GEORGE MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SERVICES OR ANY WEBSITE LINKED TO THE SERVICES. Penguin George will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Penguin George's equipment, transmitted over networks accessed by the Services, or otherwise connected with your use of the Services.

Indemnification

You shall defend, indemnify, and hold harmless Penguin George, its affiliates and each of their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable legal fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or which otherwise arise from your created links, violation of these Terms, or infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. Penguin George reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will assist and cooperate with Penguin George in asserting any available defenses.

Governing Laws and Juristictions

These Terms shall be governed by and construed in accordance with the laws of England, including its conflicts of law rules, and the United Kingdom. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the courts of England.

Entire Agreement and Severability

These Terms are the entire agreement between you and Penguin George with respect to the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Penguin George with respect to the Services. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

Miscellaneous

  1. Force Majuere. Penguin George shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Penguin George's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
  2. Assignment. These Terms are personal to you, and are not assignable, transferable or sublicensable by you except with Penguin George’s prior written consent. Penguin George may assign, transfer or delegate any of its rights and obligations hereunder without consent.
  3. Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.
  4. Notices. Unless otherwise specified in these Term of Service, all notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
  5. No Waiver. The failure of Penguin George to enforce any part of these Terms shall not constitute a waiver of its right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance, does not mean that we will do so in the future. In order for any waiver of compliance with these Terms to be binding, Penguin George must provide you with written notice of such waiver, provided by one of its authorized representatives.
  6. Headings. The section and paragraph headings in these Terms are for convenience only and shall not affect their interpretation.

Contact

You may contact Penguin George: by email at [email protected]; or on Twitter https://twitter.com/penguingeorge.