Terms of Service
ACCEPTANCE OF TERMS
The Service is available only to individuals who are at least 17 years old. If you do not so qualify, do not attempt to use the Service. DSL may refuse to offer the Service to any person or entity at any time and may change its eligibility criteria, at any time, in its sole discretion.
RULES AND CONDUCT
The Site and the Service and any Content (as defined below) made available on or through the Service is provided only for (a) your own personal use, (b) your internal business use or (c) if you are a Managed Service Provider (as defined below), use in the support of your customers that use the Service for their own personal or internal business use, all in compliance with all applicable laws, rules and regulations.
By way of example, and not as a limitation, you agree not to (or permit others to) : ( a) take any action or ( b) upload, download, post, submit or otherwise distribute or facilitate distribution of any “Submissions” such as, without limitation, postings to the Geckoboard Community, comments, text, communications, software, images, sounds, data or other materials or information) using any communications service or other service available 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;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
- imposes an unreasonable or disproportionately (in the sole judgment of DSL) large load on DSL’s computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or otherwise;
- 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 or other information of DSL or any third party; or
- impersonates any person or entity, including, without limitation, any employee or representative of DSL.
You will not use any robot, spider, scraper or other automated means to access the Service for any purpose without DSL’s express written permission. Additionally, you will not: (i) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (ii) bypass any measures DSL may use to prevent or restrict access to the Service.
You shall not (and you shall not permit others to), directly or indirectly, modify, translate, decompile, disassemble, or reverse engineer any part of the Service or any Content available through the Site (except to the limited extent applicable laws specifically prohibit such restriction); or copy, rent, lease, distribute, or otherwise transfer any or the rights that you receive hereunder. In addition, you shall not remove any proprietary notices or labels.
DSL may remove any Content and Submissions at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or Submissions), or for no reason at all.
DSL reserves the right to refuse registration of, or cancel an Geckoboard User ID in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Geckoboard password. You may never use another user’s account without such other user’s express permission. You will immediately notify DSL in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
PAYMENT AND ELECTRONIC COMMUNICATIONS
The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service or refunds for months unused with an open account. If you have purchased a paid subscription to the Site and Service, your subscription will automatically renew for additional, successive subscription periods equal in duration to the initial subscription period that you initially purchased unless you terminate your subscription prior to the next renewal period. You acknowledge and agree that DSL will automatically charge your credit card on record with DSL for the then-current subscription period upon the commencement of any renewal period. You will provide DSL with valid and updated credit card information and you authorize DSL to charge such credit card for all purchased subscriptions and renewals.
You may terminate your subscription to the Site and Service at any time and you will not be obligated to pay any additional fees for upcoming subscription renewal periods but any subscription fees you have paid in advance will not be refunded. For any upgrade or downgrade in plan level, the credit card attached to your account will automatically be charged or credited the new prorated amount for the current month. The new plan rate will apply from your next billing cycle i.e. from the next time we charge your card. For example, assume you are on the Starter plan at $25/mo and decide to upgrade to the Growth plan at $149/mo halfway through a billing cycle. At the point you upgrade, there will be an automatic charge to your credit card of the pro rata amount - in this case $62 which is half of the difference between $149 and $25. From the next billing date you will be charged at the new plan rate of $149/mo. Downgrading your Service may cause the loss of content, features, or capacity of your Account. DSL does not accept any liability for such loss.
By using the Site, you consent to receiving electronic communications from DSL. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to our Site and Service. These electronic communications are part of your relationship with DSL and you receive them as part of your subscription to the Site and/or Service. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
CANCELLATION AND TERMINATION
You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account link in the global navigation bar at the top of the screen. The ‘Your Plan’ tab screen provides a simple no questions asked cancellation link. All of your Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again. DSL, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other DSL service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. DSL reserves the right to refuse service to anyone for any reason at any time.
THIRD PARTY SITES
The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under DSL’s control, and you acknowledge that DSL is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by DSL or any association with its operators. You further acknowledge and agree that DSL shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
CONTENT AND SUBMISSIONS
(a) DSL Content Generally.
(b) Submissions Posted by User(s).
DSL provides features through the Service which allow users to upload, submit, disclose, distribute or otherwise post Submissions at or on the Site or otherwise through the Service (such as through the Geckoboard Community). If DSL provides such features, you:
- grant to DSL, its affiliates and their assignees the perpetual, irrevocable, non-exclusive, royalty-free right to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of and otherwise exploit such Submissions in any form and for any purpose, including without limitation, any concepts, ideas or know-how embodied therein;
- represent and warrant to DSL that you own or otherwise control all rights to such Submissions and that disclosure and use of such Submissions by DSL (including without limitation, publishing content at the Site) will not infringe or violate the rights of any third party;
- acknowledge that such Submissions may not be treated confidentially.
You agree not to provide DSL with any information that you desire or are required to keep secret.
THE SERVICE, SITE AND ALL CONTENT, SUBMISSIONS, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE SERVICE, SITE AND CONTENT, SUBMISSIONS, PRODUCTS AND SERVICES ARE PROVIDED 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. DSL, AND ITS AGENTS, PARTNERS, SUPPLIERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) ANY CONTENT OR SUBMISSIONS, INCLUDING, WITHOUT LIMITATION, ANY RESULTS, DATA, OR INFORMATION OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, OR COMPLETE; (B) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE CONTENT OR SUBMISSIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) THE RESULTS OF USING THE SERVICE, OR OBTAINING PRODUCTS THROUGH THE SERVICE, WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. NEITHER DSL NOR ITS AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS MAKES ANY WARRANTIES OF ANY KIND IN REGARD TO ANY CONTENT, SUBMISSIONS, OPINIONS, ADVICE AND ALL OTHER INFORMATION EXPRESSED OR POSTED BY USERS OF THIS SITE.
LIMITATION OF LIABILITY
DSL makes no representation that the Content or Submissions are appropriate or available for use in locations outside of the United Kingdom, and accessing the Service is prohibited from territories where such Content or Submissions are illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
INTEGRATION AND SEVERABILITY
COPYRIGHT AND TRADEMARK NOTICES
Unless otherwise indicated, all Content provided by DSL is copyright © 2015 Datachoice Solutions Ltd. All rights reserved.
Geckoboard is either trademarks or registered trademarks of Datachoice Solutions Ltd. The names of actual companies and products mentioned at the Site may be the trademarks of their respective owners.
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
DSL has adopted the following policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of DSL’s Designated Agent to Receive Notification of Claimed Infringement (‘Designated Agent’) is listed at the end of this policy.
It is DSL’s policy to (1) block access to or remove Submissions and content posted by users that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue providing the Service to repeat offenders.
A. Procedure for Reporting Copyright Infringements:
If you believe that Submissions or content residing on or accessible through the Geckoboard web site or Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the Submissions or content that is claimed to be infringing including information regarding the location of the Submissions or content that the copyright owner seeks to have removed, with sufficient detail so that DSL is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, e-mail address;
- A statement that the notifier has a good faith belief that the Submissions or content is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
B. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:It is DSL’s policy:
- to remove or disable access to the infringing Submissions or content;
- to notify the Submissions or content provider, member or user that it has removed or disabled access to the Submissions or content; and
- that repeat offenders will have the infringing Submissions or content removed from the system and that DSL will terminate such content provider’s, member’s or user’s access to the Service.
C. Procedure to Supply a Counter-Notice to the Designated Agent:
If the Submissions or content provider, member or user believes that the Submissions or content that was removed or to which access was disabled is either not infringing, or the Submissions or content provider, member or user believes that it has the right to post and use such Submissions or content from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
- A physical or electronic signature of the Submissions or content provider, member or user;
- Identification of the Submissions or content that has been removed or to which access has been disabled and the location at which the Submissions or content appeared before it was removed or disabled;
- A statement that the Submissions or content provider, member or user has a good faith belief that the Submissions or content was removed or disabled as a result of mistake or a misidentification of the Submissions or content; and
- Submissions or content provider’s, member’s or user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction for any judicial district in which DSL is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, DSL may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Submissions or content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Submissions or content provider, member or user, the removed Submissions or content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at DSL’s discretion.Please contact DSL’s Designated Agent to Receive Notification of Claimed Infringement at the following address:
Datachoice Solutions Ltd t/a Geckoboard
3rd Floor, 60 Worship Street, London EC2A 2EZ
Datachoice Solutions Ltd t/a Geckoboard
3rd Floor, 60 Worship Street, London EC2A 2EZ
1. INFORMATION THAT WE COLLECT FROM YOU
1.3 If You are 16 years old or younger You may not register with Us on the Website. If We become aware that You are 16 years old or younger and You have not obtained such permission, We will remove Your personal information from Our records. By entering Your details on the Website You are stating that You are 17 years old or older.
1.4 We do not store any of Your financial information including billing and credit card information. Your financial information is processed by secure, third party services.
2. USE OF YOUR INFORMATION
2.1 We will only use Your information for the following purposes:
- to enable Us to provide You with access to all parts of the Website and to use the Service and to enable You to download information and materials from the Website;
- to contact You with Our newsletter and other email updates;
- to make You occasional offers of Geckoboard products or services or to make You aware of other products or services offered by Us from time to time;
- to produce reports, statistics and analysis of the types of people who access the Website;
- to contact You for Your views on the Website and to notify You occasionally about important changes or developments to the Website;
- to administer, support, improve and develop Our Website.
2.2 If you change Your mind about being contacted in the future, please let Us know and We will remove You from Our mailing list.
2.3 We reserve the right to use the name and/or logo of the company you work for in publicity material, advertising or marketing collateral, unless you specifically tell us otherwise. Your name, address details and all other personal information will remain confidential at all times.
3. DISCLOSURE OF YOUR INFORMATION
3.1 We do follow strict guidelines in the storage and disclosure of information which You have given us, to prevent unauthorized access. We comply with the laws of the countries from which we operate.
3.2 Certain personal information that You provide to Us is defined as Sensitive Personal Data by the Data Protection Act 1988. We do not seek any sensitive personal data other than that which is reasonable and necessary for the purposes sought. You are giving Your explicit consent to collect, process, disclose, transfer or store Your Sensitive Personal Data for the purposes of processing orders for goods and services.
3.3 We do not disclosure Your personal data to any third party except to the extent that we may disclose Your personal data to third parties (whether in the UK or elsewhere) for the purposes of processing orders made by You for goods or services from Us .
3.4 Please note that this may include the transfer of Your personal data to one or more countries outside the UK .
3.5 By using the Website You consent to third parties having access to Your personal data, including those outside the European Economic Area (EEA). You understand and accept that if Your data is disclosed to third parties outside the EEA those parties may be based in territories that may not have sensitive data protection provisions in law. Every effort will be made to ensure that Your data is processed solely to provide You with a newsletter or other email update, or in connection with a competition/promotion. We will attempt to ensure that Your data is held safely.
3.6 You agree to keep confidential and not to disclose to any other individual or individuals for all time the user name and password related to Your Geckoboard account. Note that although You set the password, it is Our proprietary information and belongs to Us for all time.
Cookies are small amounts of information which We store on Your computer. We issue cookies to Your computer when You log on to the Website and when You register with the Service. Cookies are necessary for the operation of the Service and therefore, if You set up your computer to reject cookies You will be unable to access the Service.
5. SECURITY AND DATA RETENTION
We employ security measures to protect Your information from access by unauthorized persons and against unlawful processing, accidental loss, destruction and damage. We will retain Your information for a reasonable period or as long as the law requires.
6. ACCESSING AND UPDATING
You are entitled to see the information held about You and You may ask Us to make any necessary changes to ensure that it is accurate and kept up to date. If You wish to do this, please contact Us. We are entitled by law to charge a fee of £10 to meet Our costs in providing You with details of the information We hold about You.
All comments, queries and requests relating to Our use of Your information are welcomed and should be addressed to:
Datachoice Solutions Ltd t/a Geckoboard
3rd Floor, 60 Worship Street, London EC2A 2EZ