Catalyst

TERMS OF USE

Catalyst is a mobile application owned and operated by Vulcan Development, Inc. ("Catalyst", "we", "us"). By using Catalyst in any way, you accept these Terms of Service ("Terms"). If you do not wish to be bound by these Terms, refrain from using the Catalyst application or the corresponding website (located at www.thecatalystapp.com). These Terms were last updated October 15th, 2013, and we reserve the right to modify and update them at our discretion without notice.

WHO MAY USE CATALYST

Catalyst is intended for use only by those 13 years of age or older. When creating a Catalyst account, you represent and warrant that you are at least 13 years old. If you are under the age of 18, we recommend securing parental consent before using Catalyst. If you use Catalyst, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any governmental entity.

PRIVACY

Your privacy rights are contained and set forth in our Privacy Policy, which forms part of these Terms. In short, by using Catalyst you agree to let Catalyst collect information about your usage of the application. We may collect usage information and information about your device including but not limited to the model, manufacturer and OS version of device used, MAC (Media Access Control) address, device identifiers, and time-stamped logs of messages sent and received and data exchanges, and network status.

UNACCEPTABLE CONDUCT

While using Catalyst, you agree to refrain from the following conduct:

- Distribute any content that is unlawful, pornographic, lewd, profane, vulgar, offensive, harmful, harassing, tortious, defamatory, libelous, slanderous, threatening, abusive, hateful, obscene, dishonest or misleading, invasive of another’s privacy or racially, ethnically or otherwise objectionable;

- Harm or exploit minors;

- Act deceptively, including but not limited to impersonating any person;

- Abuse, threaten, or insult any other person;

- Collect information about other users;

- Represent that you are acting on behalf of Catalyst absent prior written consent;

- Distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner;

- Interfere with or hinder the operation of the application or any other person's use of the application in any way;

- Cause any excessive burden to the services or servers of the application in any way;

- Transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

- Transmit "junk/spam" mail;

- Encourage any unlawful activity

TERM; RIGHT TO MONITOR & TERMINATE

These Terms begin upon the date you first use Catalyst and continue until termination in accordance with the provisions henceforth.

Catalyst has the right, but is not obligated to monitor all content and activity submitted to Catalyst. Should you fail to adhere to these Terms or fail to act in a manner consistent with our purposes, then we reserve the right at our sole discretion, at any time and without liability or the need to give you prior notice or to refund any unused services to:

suspend or delete your account; and employ any operational, technological, legal, or other means available to enforce these Terms. If Catalyst suspends or deletes your account, you may not register under a different name. Upon termination, all licenses granted by Catalyst shall concurrently terminate. Upon account deletion or other suspension, content you provided may cease to be available to you or otherwise; Catalyst shall not be responsible for the loss of such content.

REGISTRATION & ACTIVATION

In order to register, you will have the option of choosing to sign-in using either your Facebook login, Twitter login, or the opportunity to create a unique Catalyst account. By allowing us to access your Facebook or Twitter account, you understand and agree to allow us to access your name and connected email address. We will never post anything to Facebook or Twitter without your explicit and purposeful permission within the application.

After opening an account in the Catalyst application you accept full responsibility for any and all activity that occurs while logged into your account. Consequently, you are solely responsible for ensuring that your account information including your username and password is kept secure and safe. In the case that your Catalyst account is compromised or for any other account inquiries, please contact us immediately at help@thecatalystapp.com.

LICENSES

Catalyst grants you a limited, non-exclusive license to access and use Catalyst for your own personal, non-commercial purposes (and such purposes must be consistent with the conduct outlined herein). As such, this license is personal to you and may not be assigned and/or sub-licensed to anyone else.

Unless explicitly stated otherwise, all materials appearing on the Catalyst application and corresponding website, including, but not limited to, text, graphics, images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the application, as well as their selection and arrangement are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws, and any unauthorized use or recreation of this content violates such laws and these Terms. Except as provided by these Terms, Catalyst does not grant any express or implied rights to use this content. By agreeing to these Terms (by using Catalyst) you agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, any of the content, the application or any related software, except as explicitly provided by these Terms.

You grant Catalyst and our affiliates a, perpetual, irrevocable, non-exclusive, royalty-free, global license and right to copy, transmit, distribute, publicly perform and display, and make derivative works from your content. Additionally, you grant all users of Catalyst permission to view your content for their personal, non-commercial purposes.

If you make recommendations for future improvements and/or implementation of additional features, Catalyst retains the rights to use your recommendations without any compensation to you nor limitation on such use.

INDEMNIFICATION

By agreeing to these Terms you agree to indemnify, defend, and hold Catalyst, its managing members, shareholders, employees, subsidiaries, affiliates, licensors and suppliers harmless from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys' fees) due to, arising out of, or relating in any way to your use of the application.

LIMITATION OF LIABILITY

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER CATALYST USERS. YOU UNDERSTAND THAT WE DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON USERS. WE DO NOT INQUIRE INTO THE BACKGROUNDS OF USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF USERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USER. WE RESERVE THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (INCLUDING BUT NOT LIMITED TO SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.

You are responsible for providing your own access to Catalyst. We have no obligation to screen or monitor any content and do not guarantee that any content provided to, and thus displayed on, Catalyst complies with these Terms or is suitable for all users.

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL CATALYST OR ANY OF ITS AFFILIATED ENTITIES BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, COMPENSATORY, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM:
(1) THE USE OF, OR INABILITY TO USE, THE APPLICATION;
(2) THE PERFORMANCE OF THE SERVICES AND MATERIALS AVAILABLE FROM THE APPLICATION; OR
(3) THE CONDUCT OF OTHER USERS OF THE APPLICATION, EVEN IF CATALYST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIMITATION OF LIABILITY EXTENDS WITHOUT LIMITATION TO: BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER CATALYST USERS OR PERSONS YOU MEET THROUGH CATALYST. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE APPLICATION, PARTICULARLY IF YOU DECIDE TO INTERACT OFFLINE OR IN PERSON.

You assume complete responsibility for your use of the application. Your sole remedy against Catalyst for dissatisfaction with the application or any content displayed therein, is to cease use of the application. If, notwithstanding these Terms, Catalyst is found liable to you for any damage or loss which arises out of or is in any way connected with your use of the application or any content, Catalyst's liability shall in no event exceed the total net revenues, if any, paid by you to Catalyst to access and use the application and corresponding website. In select jurisdictions that do not allow limitations of liability, the foregoing limitation may not apply to you.

REPRESENTATIONS

For all content you provide to Catalyst, you represent and warrant that:
(1) you have the right to provide the content to Catalyst and grant the licenses set forth herein;
(2) Catalyst will not need to obtain licenses from any third party or pay royalties to any third party;
(3) the content does not infringe on any third party’s rights, including intellectual property rights and privacy rights; and
(4) the content complies with these Terms and all applicable laws.

We provide Catalyst on an “as is” and “as available” basis. You therefore use Catalyst at your own risk. Catalyst explicitly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, we make no representations or warranties:

- That Catalyst will be permitted in your jurisdiction;

- That use of Catalyst will be uninterrupted or error-free;

- Concerning any content provided by any user;

- Concerning any third party’s use of content that you provide;

- That any content you provide will be made available on Catalyst or will be stored by Catalyst;

- That we will continue to support any particular feature of Catalyst;

- Concerning sites and resources outside of Catalyst, even if linked to or from Catalyst (both within the application and the corresponding website).

DIGITAL MILLENIUM COPYRIGHT ACT (DMCA)

Copyright Policy

We respect the intellectual property of others, and accordingly we urge our users to do the same. Each user is responsible for ensuring that the materials they provide do not infringe any third party copyright. We will promptly remove materials in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party’s copyright. In addition, we may, in accordance to these Terms, terminate the accounts of repeat copyright infringers.

DMCA Takedown Notice

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:

- Your name, address, telephone number, and email address (if any).

- A description of the copyrighted work that you claim has been infringed.

- A description of where the material that you claim is infringing is located on Catalyst, sufficient for us to locate the material

- A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law

A statement by you that the information in your notice is accurate and, UNDER PENALTY OF PERJURY, you are the copyright owner or authorized to act on the copyright owner's behalf

- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

DMCA Counter-notification

If you believe that your material has been removed by mistake or misidentification, please provide us with a written counter-notification containing the following information:

- Your name, address, and telephone number.

- A description of the material that was removed and the location where it previously appeared.

- A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.

- A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which Catalyst may be found
(which includes the United States District Court for the Southern District of Florida), and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person.

- Your electronic or physical signature.

Please note that we will provide complete counter-notifications to the person making the DMCA claim. That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore the disabled materials. Until that time, your materials will remain disabled.

Warning In filing a DMCA notice or counter-notification, please make sure that you have complied with all of the above requirements. If we request additional information necessary to make DMCA your notice or counter-notification complete, please provide that information promptly. If you fail to comply with all of the requirements, your notification or counter-notification may not be processed.

In addition, please make sure that all of the information you provide is accurate. UNDER SECTION 512 (f) OF THE COPYRIGHT ACT, 17 U.S.C. § 512 (f), ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING OR WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY.

If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c) (3) of the U.S. Copyright Act, 17 U.S.C. § 512(c) , for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g) (3) of the U.S. Copyright Act, 17 U.S.C. § 512(g) (3), for more information.

You may send a DMCA notice, a DMCA counter-notification, any inquiries concerning intellectual property, or any other general inquiries to: help@thecatalystapp.com

GOVERNING LAW; SEVERABILITY

These Terms shall be governed by the laws of the State of Florida, United States of America, without regard to principles of conflicts of law. Any action arising out of or relating to these Terms or your use of Catalyst must be commenced in the state or federal courts located in Palm Beach County, FL, United States of America (and you consent to the jurisdiction of those courts). In any such action, Catalyst and you irrevocably waive any right to a trial by jury.

SPECIAL NOTE FOR INTERNATIONAL USERS

Catalyst is intended for and directed for use in the United States of America. Should you access Catalyst from a foreign jurisdiction, through your continued use of Catalyst, you recognize that such use is governed exclusively by U.S. law, and these Terms. You hereby acknowledge you are submitting your personal information to us and transferring such information to the United States of America, and you consent to that transfer.

MODIFICATION

These Terms supersede all prior understandings regarding the same and represent the complete agreement between you and Catalyst. No changes or amendments to these Terms will be binding unless in writing and signed by us.

COMMENTS & QUESTIONS

Catalyst appreciates any and all comments, questions, concerns, or suggestions. Please send any feedback via email to help@thecatalystapp.com.