Date Last Revised: August 29, 2019
This Agreement sets forth the terms and conditions that apply to your access and use of the Craft web site located at craft.co (the "Site"), operated by Craft Machine Inc. (“Craft”).
1. Accepting the Terms
By using the information, tools, software, features and functionality of the Site, including content, updates and new releases (together the “Service”), you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Site) or you are a “Member” (which means that you have registered with Craft and created an Account for the use of the Service). The term “you” or “User” refers to a Visitor or a Member. The term “we” or “us” refers to Craft.
You may not use the Site or Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with Craft.
If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity.
This Agreement does not cover or permit the access of the Service except through the Site. Other forms of access (e.g., bulk access, access through an application programming interface) requires a separate agreement with Craft.
2. Privacy and your Personal Information
For information about Craft’s data protection practices, please read Craft’s Privacy and Security Policy which is hereby incorporated into this Agreement. This policy explains how Craft treats your personal information when you access Craft and use the Service.
3. Description of the Service
The Service is a data and analytics service that allows Users to explore, discover and compare different companies. The Service is provided to you by Craft without charge (it is free) and is meant as an aid to assist you in your professional life. Share price data is provided by IEX. The Terms and Conditions for IEX can be found here: https://iextrading.com/api-exhibit-a/.
The Service may contain links to third-party websites or resources. Craft provides these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources.
4. For Informational Purposes Only
Craft does not warrant or guarantee the accuracy or completeness of any information contained in the service, and shall have no liability whatsoever (including but not limited to) for any direct, indirect, special or consequential damages, loss of anticipated profits or other economic loss arising out of, in connection with or relating to the information contained herein, its use or reliance, or from the pursuit or provision of interested parties.
5. Account Registration Information
If you want to use certain elements of the Service, you’ll have to create an account (“Account”). You can do this using your email address and user name, or by linking your valid account on LinkedIn or another social networking service (“SNS”) through which you have connected to the Services (each such account, a “SNS Account”), by allowing Craft to access your SNS Account, as is permitted under the applicable terms and conditions that govern your use of each SNS Account. You represent that you are entitled to disclose your SNS Account login information to Craft and/or grant Craft access to your SNS Account (including, but not limited to, for use for the purposes described herein).
It’s important that you provide us with accurate, complete and up-to-date information for your Account, and you agree to update such information to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and that you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
You may disable the connection between your Craft Account and your SNS Accounts by adjusting the settings on your profile page in your Craft Account. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE SNS ASSOCIATED WITH YOUR SNS ACCOUNT IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH SNS, AND CRAFT DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH SNS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH SNS ACCOUNT.
6. Your Use of the Service
You may use the Service only if you are 16 years or older and are not barred from using the Services under applicable law. If you are under 18, you must obtain permission from a parent or legal guardian before using the Service. Children under the age of 16 are strictly prohibited from using the Service. By using the Service, you represent and warrant to Craft that you have all requisite power and authority to enter into and comply with this Agreement.
Your right to access and use the Site and the Service is personal to you and is not transferable by you to any other person or entity.
Your access and use of the Site and the Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Site or Service or other actions that Craft, in its sole discretion, may elect to take.
7. Rights You Grant to Us
You may, but are not required to, provide Craft with feedback, suggestions or ideas (“Feedback”), including through the “Report incorrect company information” link on company profile pages. You agree that Craft may, in its sole discretion, reject or ignore your Feedback, or use your Feedback in any way Craft sees fit, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant Craft a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use the Feedback you provide to Craft in any way.
8. Craft’s Intellectual Property Rights
The contents of Craft, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States, United Kingdom and other applicable copyright, trademark and other laws. The contents of Craft belong or are licensed to Craft or its software or content suppliers. Craft grants you the right to view and use Craft subject to these terms. You may download or print a copy of information provided on Craft for your personal use only. Any distribution, reprint or electronic reproduction of any content from Craft in whole or in part for any other purpose is expressly prohibited without our prior written consent.
9. Access and Interference
You agree that you will not:
10. Disclaimer of Representations and Warranties
THE SERVICE AND ALL CONTENT ASSOCIATED WITH CRAFT OR PROVIDED IN OR THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. CRAFT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SERVICE, AND DISCLAIMS ALL SUCH WARRANTIES TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
11. Limitations on Craft’s Liability
CRAFT SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO CRAFT, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF CRAFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL CRAFT’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE SERVICE OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO CRAFT FOR USE OF THE SERVICE OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO CRAFT, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CRAFT AND YOU.
12. Your Indemnification of Craft
You shall defend, indemnify and hold harmless Craft and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorney fees, in whole or in part arising out of or attributable to any breach of this Agreement by you, or your access to or use of the Service in violation of any applicable law, regulation or any third party agreement or policies.
13. Ending your relationship with Craft
Craft may at any time, terminate this Agreement for any reason or no reason. Craft is not required to provide you notice prior to terminating your access to or use of the Service or any element thereof.
Craft may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Site, a notification of the change will be posted in the Account login screen, and if we have your email address, we will attempt to reach you at that email address to inform you that the Agreement has been changed. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
15. Governing Law and Forum for Disputes
You also acknowledge and understand that, with respect to any dispute with Craft, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:
• YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
• YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if Craft does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Craft has the benefit of under any applicable law), this will not be taken to be a formal waiver of Craft’s rights and that those rights or remedies will still be available to Craft.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
Craft shall have no liability for any failure or delay in the performance of its obligations caused by events beyond its reasonable control.
This Agreement represents the entire understanding and agreement between you and Craft regarding the subject matter of the same, and supersedes all other previous agreements.
17. DMCA/Copyright Policy
In accordance with the Digital Millennium Copyright Act of 1998, Craft will respond to claims of copyright infringement committed using the Services that are reported to Craft’s designated copyright agent, identified below. At Craft's discretion and in appropriate circumstances (which circumstances may include, by way of example, users who repeatedly infringe others' copyrights), Craft may terminate the accounts of users who infringe upon the copyright, or other intellectual property rights, of others. If you believe that one of our users is a repeat infringer of your work, please let us know that in addition to the information required below. If you are a copyright owner, or authorized to act on behalf of one, please report alleged copyright infringement by contacting our copyright agent and including the following:
Craft Machine Inc.
33 New Montgomery St. Suite 300
San Francisco, CA 94105