Terms and Conditions of Use

Last Revision: Feb, 2016

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE (www.theymadethat.com) AND RELATED SERVICES AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS AND REMEDIES; INCLUDING BUT NOT LIMITED TO LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

The TheyMadeThat data set (henceforth referred to as the “DataSet”) is a structure set of data consisting of text, media files, and other data concerning people, organizations, products, and their relationships to each other. The TheyMadeThat platform (henceforth referred to as the “Service”) stores and delivers the DataSet, is operated by A Lot Closer, LLC. (henceforth referred to as the “Company”, “we”, “us”, and “our”). The user of the Service is referred as to as “You” and "you". If the user is an individual, You means such individual. If the user is a corporation, partnership, or other legal or corporate entity, You refers to such Corporate Entity and the individual represents and warrants that the individual has the authority to bind the Corporate Entity. By accessing or using the Service, You confirm that You have read, have understood and currently understand, and agree to be bound by the TheyMadeThat Terms and Conditions of Use, regardless as to whether you are a registered user of the Service or not. For the purposes of these Terms and Conditions of Use, receipt of Content from the Service by any means constitutes use of the Service. The Company reserves the right to change, modify, add, or remove portions of this Agreement at any time; with or without further notice; at our sole discretion. Any such change, modificaiton, addition, removal, update, or modification will be effective immediately upon posting on the Service. It is your responsibility to regularly check this web page to both determine if any changes were made to these Terms of Use, and to review such changes.

These Terms and Conditions of Use apply to users, both registered and non-registered, as well as anyone else who uses our Service. In order to use the Service, you must accept these Terms and Conditions. You may do so by registering for membership with the Service and/or Company or by using the Service.

You must confirm that you are of legal age to form a binding contract with the Company, or an emancipated minor, or have parental or legal guardian consent and are fully able and competent to enter into, and comply with, these Terms of Use. In any case, you, specifically individuals, must confirm that you are over the age of 13, and acknowledge that the Service is not intended for children under 13 years of age. You may not use the Service and may not accept the Terms of Use if you by law are barred from using the Service or accepting the Terms and Conditions of Use.

Registration

You need to register for membership in the Service to use certain portions of this Service. You are not allowed to register for membership in the Service where prohibited by law. In addition, this Service is intended solely for users who are thirteen (13) years of age or older. Any registration by anyone under the age of 13 is unauthorized, unlicensed and in violation of this Agreement. By registering for the Service, you represent and warrant that you are 13 or older; and that you agree to all of the terms and conditions of this Agreement and you abide by all of the terms and conditions of this Agreement.

If you choose to register for membership in the Service, you agree to maintain the security of both your password and identification. You also agree to be fully responsible for all use of your membership and for any actions that take place using your membership.

The Company may remove your membership, delete your account, delete your profile, as well as any content or data that you have submitted on the Service and/or prohibit you from using or accessing the Service for any reason, or no reason, at any time in its sole discretion, with or without prior notice.

User Conduct

You are legally responsible for your actions on the Service. Without limiting the foregoing, you also agree not to use the Service to:

  • Abuse, harass, threaten or intimidate other TheyMadeThat users;
  • Post or transmit any content that is obscene, pornographic, abusive, offensive, profane, content that contains homophobia, racial or ethnic slurs, religious intolerance, encourages criminal conduct, or otherwise violates any law or right of any third party;
  • Attempt to impersonate another user or person;
  • Post any illegal or unauthorized content or use for any illegal or unauthorized purposes;
  • Post or transmit any communication or solicitation designed or intended to obtain password, account, or private information from any TheyMadeThat user;
  • Post, upload, transmit, share, or store unsolicited or unauthorized advertising, solicitations, "spam", or any other type of unauthorized solicitation;
  • Solicit personal information from any user under the age of 18;
  • Violate any laws in your jurisdiction this includes but is not limited to copyright laws and laws regarding online conduct and acceptable content)
  • To only use the Service in a manner consistent with these Terms of Use and in compliance with all applicable laws and regulations;
  • To maintain the confidentiality of any password(s) associated with your use of the Service;
  • To notify the company immediately in case of any unauthorized use of your account;
  • Not to intentionally block, remove, or otherwise obstruct the proper functioning and view of the Service’s advertisements, and/or the Service’s user interface and the Service’s functionality by other users, which includes but is not limited to changing or adding javascript and CSS that would prevent the proper display or function of advertisements and/or user interface and functionality;
  • Not to upload, post, email, transmit or otherwise make available any material that contains software viruses or any other software, script, code, files or programs designed to interrupt, destroy, limit the functionality of, or enable unauthorized access to any computer software or hardware or telecommunications equipment;
  • Not to email, upload, post, transmit, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • You will not use any crawler, robot, spider, scraper or other automated means to access the Service for any purpose without our express written permission. Any collection of any content from the Service using these methods is a violation of these Terms and Conditions of Service;
  • Not manipulate source identifiers, not forge headers, or otherwise attempt to disguise the origin of any content or any submission made available through the Service;
  • You will not: take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large resource load on our infrastructure; interfere or attempt to interfere with the proper operation of the Service or any activities conducted on the Service; or bypass any measures we may use to prevent or restrict access to the Service, including but not limited to robot exclusion headers; or
  • If You create or modify any content on CrunchBase, You agree to provide accurate, and current information;
  • You will not to access, collect or store personal data about other users in connection with the prohibited conduct and activities described in this “User Conduct” section.

You are solely responsible for the content, including but not limited to photos, video, audio, profile information, any other media, and any other content that you upload, publish, or display (hereinafter we refer to as "submit") on or through the Service, or transmit to or share with other users. You may not submit content to the Service that you either did not create or that you do not possess the permission to submit. You understand and agree that others may, but are not obligated to, edit, delete or remove (with or without notice) any content from the Service, for any reason or no reason. You also represent and warrant that you own or have the necessary rights, licenses, releases, permissions, and consents, to permit the Company to duplicate, store, publish, display, and distribute your content via the Service, and license all text submissions by you pursuant to the applicable Licensing terms (for further information, see http://www.theymadethat.com/licensing).

The Service is not and shall not function as an archive. We have no liability or obligation to you or any other entity for loss, damage, or destruction to your content. You are solely responsible at your own sole cost and expense for creating backups and copies, and replacing any content you submit to the Service, or provide to us through and other method.

When you submit content on the Service, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the aforementioned content on the Service.

The Service includes access to media which includes but is not limited to audio and visual content (including videos, photographs, music, graphics, logos, etc…), which has been licensed for use and exhibition herein from third parties (henceforth referred to as “Media”). Such Media may be accessible via a player embedded on the Service, which links to and plays content hosted on other 3rd party services.

Without limiting the application of any other terms of this Agreement, you must also agree that you will not do, or attempt to do, any of the following:

  • attempt to download, redistribute, alter, delete, or insert advertising or promotional materials within any media or content;
  • use any Media for any purpose other than non-commercial, personal consumption and viewing such Media;
  • attempt to circumvent, disable or otherwise interfere with security-related features of the Service or any Media Player, including any features that prevent or restrict use or copying of any Media Content;
  • attempt to modify, enhance, edit, translate, adapt, alter, reverse engineer, decompile, disassemble, or create derivative works based upon any Media Player or Media Content;
  • attempt to license, transfer, convey or assign to any third party any rights to use or exhibit any Media Player or Media Content , including to market, promote, display, re-distribute or re-transmit any Media Player or Media Content;
  • reformat, optimize or customize any Media Player or Media Content for display, distribution or transmission via any platforms, protocols or delivery mechanisms other than as expressly permitted by and within the Services;

Licensing

By contributing or submitting any content, data, or media on the Service which includes but is not limited to both making updates to existing content and data on the DataSet and posting new content and data to the DataSet; this henceforth shall be referred to as “Your Content” and "your content". You grant the Company and our assigns, agents, and licensees the non-exclusive, irrevocable, royalty free, perpetual, worldwide license, with the right to sublicense through multiple tiers of sub-licensees, to use, reproduce, modify, display, perform, and distribute Your Content in any medium and through any form of technology whether it exists currently or which comes into existence in the future. You should not upload any content, data, or media in which you do not have sufficient rights to grant this license to the Company.

The Company owns all rights, interests, and title for intellectual property rights in any contributions by its employees, any derivative works developed by the Company, and the compilations and collective works in the Dataset, including those works incorporating Your Content (but not rights to Your Content by itself).

The Company provides the Dataset under the Creative Commons Attribution-NonCommercial License [CC-BY-NC], including, without limitation, the structured data, text content, and media files.

If You display or distribute all or any part of the Dataset (hereforth also referred to as the “DataSet Content”), You are required to provide attribution that is plainly visible to all users of the DataSet Content. Attribution must clearly state that the content is sourced from the TheyMadeThat Dataset and must link to the TheyMadeThat site.

You have the responsibility to ensure that you are in full compliance with the licensing terms whenever You use or reuse the Content.

Reporting Claims of Copyright Infringement

For claims of copyright infringement, please contact our designated agent under the Digital Millennium Copyright Act (DCMA):

Attn: Copyright Agent A Lot Closer LLC 109 East 17th Street Suite #4080 Cheyenne, Wyoming 82001

You may email the designated agent via contact@theymadethat.com. Please include "Claim of Copyright Infringement" in the subject of your email. For clarify, only DMCA notices should go to the Copyright Agent.

Disclaimers and Limitation on Liability

While we provide policies and guidelines for user conduct and submissions to the DataSet, the Company does not control and is not responsible and is not liable in any manner for any content submitted to the Service and DataSet. This information may be inaccurate and / or out-of-date. The Company assumes no responsibility regarding the accuracy of the information in the Service. The Company shall not be responsible for any failure to remove, or delay in removing, harmful, inaccurate, unlawful, or otherwise objectionable content from the Service. The Company has no responsibility or liability for the deletion or failure to store or display any content that is contributed to the CrunchBase Dataset.

The Company will use reasonable efforts to provide access to the Service on a 24/7 basis but the Company shall not be responsible for any disruption, regardless of length. Furthermore, the Company shall not be liable for losses or damages You may incur due to any due to Your inability to access the Dataset due to disruption of the Service. The Company reserves the right in its sole discretion for any reason or no reason, and at any time with or without notice to You to change, suspend or end the availability of the Service.

The Company is not responsible for the content or conduct, whether online or offline, of any user of the Service or any Media Content or other 3rd party website or services that may be referenced, or link in the Service.

The Service is provided "as-is" and “as-available". The Company disclaims any and all warranties and representations, whether express or implied. The Company does not and cannot guarantee any specific results from use of the Service. YOU ACKNOWLEDGE THAT YOU USE THIS SERVICE AT YOUR OWN RISK.

You agree to indemnify the Company, its directors, employees, owners, agents, and users from any liability resulting from your use of this Service, its content, or other materials thereon. In no event will the Company, its directors, employees, owners, agents, or users be liable to you or any third party for any indirect, consequential, incidental, special or punitive damages, including lost profit, goodwill, or other loss, be it tangible or intangible, arising from your use of this service or any content or other materials thereon, even if the Company has been advised or was otherwise aware of the possibility of such damage. Notwithstanding anything to the contrary contained herein, the Company's liability to you for any cause whatsoever, and regardless of the form of the action, will be at all times limited to the amount actually paid by you, if any, to use the service, not to exceed one-thousand United States dollars. You further acknowledge that if no fees are paid to the Company to use this Service, you are limited to injunctive relief only, and are not entitled to damages from the Company regardless of your cause of action.

IN ADDITION, THE COMPANY DOES NOT REPRESENT OR WARRANT TO YOU THAT YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS, BE THEY EXPRESS OR IMPLIED; THAT ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USER OF THE SERVICES WILL BE FREE OF ERROR, ACCURATE OR RELIABLE; (C) THAT ERRORS IN FUNCTIONALITY OR OPERATION OF THE SERVICES WILL BE CORRECTED.

Governing Law, Venue, and Jurisdiction

By using the Service, you agree and acknowledge that the Service is hosted in the United States. If you are attempting to access the Service from a physical location within the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of the Service, you are transferring your personal information to the United States and you consent to such transfer, the application of that the laws of the State of Wyoming, without regard to principles of conflict of laws, which will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. You agree not to commence or prosecute any action in connection with your use of these Services other than in the state and federal courts of Wyoming, and you hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Wyoming.

Other Terms and Conditions

These Terms and Conditions, together with the Privacy Policy (/privacy), and Community Guidelines (/community), as referenced herein constitute the whole agreement between you and the Company regarding the use of the Service, and completely replace any prior agreements between you and the Company relating to your use of the Service.

To the extent that a translation of these Terms of Use differ from the English language version, the English language version controls.

If the Company does not exercise or enforce any right, remedy, or provision of these Terms of Use, this shall not constitute a waiver of such right or provision in that or any other instance.

If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue to be valid and enforceable in full force and effect.

If any provision of these Terms of Use shall be deemed unlawful by any magistrate of competent jurisdiction, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.