Effective Date: May 25, 2018
The PageDetox service (“PageDetox”, “our”, “us” or “we”) is provided by Uploadcare Inc. (“Uploadcare”, “our”, “us” or “we”) and allows measuring load times (“performance”) of publicly available HTML code and media files (images, videos, animations) for specified websites (“sites”, “web apps”, “web apps”, “webpages”).
The following terms and conditions govern all use of the PageDetox service, content and products available at or through the Website (pagedetox.com).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Uploadcare, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old (16 years for individuals from EU).
To enable the assessments of load times and optimization rates, PageDetox fetches all of the specified site’s publicly available HTML code and media files (images, videos, animations) subjected to analyses to a specific Uploadcare account. This implies every media is temporarily assigned an Uploadcare CDN URL thus making materials publicly available from the Uploadcare Content Delivery Network for a 24-hour time span. You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics or other visuals. By making Content available, you represent and warrant that:
By temporarily submitting Content of a site you own to Uploadcare via PageDetox, you grant Uploadcare a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish the Content solely for the purpose of assessing load times and optimization rates. Uploadcare will use reasonable efforts to remove any PageDetox Content from its website (ucarecdn.com), but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Uploadcare has the right (though not the obligation) to, in Uploadcare’s sole discretion (i) refuse or remove any Content that, in Uploadcare’s reasonable opinion, violates any Uploadcare policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of PageDetox to any individual or entity for any reason, in Uploadcare’s sole discretion.
No payments are required to use PageDetox. The service is provided to assess load times and optimization rates for specified websites as stated in the Agreement intro.
PageDetox provides no paid services. This also implies Uploadcare can only be addressed with PageDetox issues via Community Support.
Uploadcare has not reviewed, and cannot review, all of the material, including computer software, fetched by PageDetox, and cannot therefore be responsible for that material’s content, use or effects. By operating PageDetox, Uploadcare does not represent or imply that it endorses the material fetched, or that it believes such material to be accurate, useful or non-harmful.
You are responsible for taking precautions as necessary to protect ourself and your computer systems as stated in Responsibility of Contributors. The material fetched by PageDetox may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Content may also include material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Uploadcare disclaims any responsibility for any harm resulting from the use of PageDetox.
As stated above, Uploadcare has not reviewed, and cannot review, all of the material, including computer software, made available through the PageDetox fetching mechanism.
Uploadcare does not have any control over such non-Uploadcare content, and is not responsible for or their use. By fetching media content from a non-Uploadcare website, Uploadcare does not represent or imply that it endorses such website or other content source.
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Uploadcare disclaims any responsibility for any harm resulting from you fetching content from non-Uploadcare websites via PageDetox.
As Uploadcare asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Uploadcare or any of its services such as PageDetox violates your copyright, you are encouraged to notify Uploadcare in accordance with Uploadcare’s Digital Millennium Copyright Act (“DMCA”) Policy. Uploadcare will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Uploadcare will terminate a visitor’s access to and use of PageDetox if, under appropriate circumstances, the user is determined to be a repeat infringer of the copyrights or other intellectual property rights of Uploadcare or others.
This Agreement does not transfer from Uploadcare to you any Uploadcare or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Uploadcare. Uploadcare, Uploadcare Inc., Uploadcare.com, the Uploadcare logo, and all other trademarks, service marks, graphics and logos used in connection with Uploadcare, or the Website are trademarks or registered trademarks of Uploadcare or Uploadcare’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Uploadcare or third-party trademarks.
Uploadcare reserves the right to advertise other Uploadcare products on the PageDetox website.
Uploadcare reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of PageDetox or access to its website following the posting of any changes to this Agreement constitutes acceptance of those changes. Uploadcare may also, in the future, offer new services and/or features through PageDetox (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Uploadcare may terminate your access to PageDetox at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement you may simply discontinue using PageDetox. Uploadcare can terminate PageDetox immediately as part of a general shut down of its service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
PageDetox is provided “as is”. Uploadcare and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Uploadcare nor its suppliers and licensors, makes any warranty that PageDetox will be error free or that access thereto will be continuous or uninterrupted. You understand that you run PageDetox media at your own discretion and risk.
In no event will Uploadcare, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data. Uploadcare shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Uploadcare, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of PageDetox, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Uploadcare and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Uploadcare, or by the posting by Uploadcare of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Los Angeles, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Los Angeles, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Uploadcare may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
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