Welcome to 43things. The Robot Co-op, Inc. and/or its affiliates (“43things”) provides its services to you when you visit 43things.com, use 43things products or services, use 43things applications (such as mobile apps), or use software provided by 43things in connection with any of the foregoing (collectively, “43things Services”). 43things provides the 43things Services subject to the following conditions. By using the 43things Services, you agree to these conditions. Please read them carefully.
Please review our Privacy Notice, which also governs your use of the 43things Services, to understand our handling of private information.
When you use the 43things Services or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or otherwise through the 43things Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in the 43things Services, such as text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of 43things or its content suppliers and protected by United States and international copyright laws. The compilation of all content in the 43things Services is the exclusive property of 43things and protected by U.S. and international copyright laws. All software used in the 43things Services is the property of 43things or its software suppliers and protected by United States and international copyright laws.
43things and the 43things logo and other marks indicated in the 43things Services are trademarks of The Robot Co-op, Inc., or its affiliates, in the United States and other countries. Other 43things graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of The Robot Co-op, Inc. or its affiliates. 43things’s trademarks and trade dress may not be used in connection with any product or service that is not 43things’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits 43things or the 43things Services. All other trademarks not owned by 43things that appear in the 43things Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by 43things.
LICENSE AND SITE ACCESS
43things grants you a limited license to access and make personal use of the 43things Services. This license does not include any resale or commercial use of the 43things Services or its contents; any collection and use of any postings; any derivative commercial use of the 43things Services or its contents; or any commercial use of data mining, robots, or similar data gathering and extraction tools. The 43things Services or any portion of the 43things Services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of 43things. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of 43things without express written consent. You may not use any meta tags or any other “hidden text” utilizing 43things’s name or trademarks without the express written consent of 43things. Any unauthorized use terminates the permission or license granted by 43things. You may use any of the content you create on 43things on your blog or website so long as it doesn’t portray 43things or the 43things Services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any 43things logo or other proprietary graphic or trademark as part of the link without express written permission.
If you have registered with 43things, you are responsible for maintaining the confidentiality of login information and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
COMMENTS, COMMUNICATIONS, AND OTHER CONTENTVisitors may post comments and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your content. 43things reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
- Your License to 43things: If you do post content or submit material, and unless we indicate otherwise, you grant 43things a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant 43things and its sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate the 43things Service’s policies and will not cause injury to any person or entity; and that you will indemnify 43things for all claims resulting from content you supply. 43things has the right but not the obligation to monitor and edit or remove any activity or content. 43things takes no responsibility and assumes no liability for any content posted by you or any third party.
43THINGS SOFTWARE TERMS
In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with 43things Services (the “43things Software”).
43things respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE 43THINGS SERVICES ARE PROVIDED BY 43THINGS ON AN “AS IS” AND “AS AVAILABLE”BASIS. 43THINGS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE 43THINGS SERVICES OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED IN THE 43THINGS SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE 43THINGS SERVICES IS AT YOUR SOLE RISK. 43THINGS RESERVES THE RIGHT TO WITHDRAW OR DELETE ANY INFORMATION FROM THE 43THINGS SERVICES AT ANY TIME IN ITS DISCRETION.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, 43THINGS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 43THINGS DOES NOT WARRANT THAT THE 43THINGS SERVICES, ITS SERVERS, OR E-MAIL SENT FROM 43THINGS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 43THINGS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES ORTHE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TOYOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAYNOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By using the 43things Services, you agree that the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and 43things or your use of the 43things Services.
Any dispute relating in any way to your use of the 43things Services will be submitted to confidential arbitration in Seattle, Washington, except that, to the extent you have in any manner violated or threatened to violate 43things’s intellectual property rights, 43things may seek injunctive or other appropriate relief in any state or federal court in the state of Washington, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies. These policies also govern your use of the 43things Services. We reserve the right to make changes to our 43things Services, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Notice and Procedure for Making Claims of Copyright InfringementIf you believe that your work has been copied in a way that constitutes copyright infringement, please provide 43things’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying 43things that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on 43things Services;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
43things’s Copyright Agent for notice of claims of copyright infringement in the 43things Services can be reached as follows:
The Robot Co-op Legal Department
P.O. Box 81226
Seattle, WA 98108
Additional 43things Software Terms
1. Use of the 43things Software. You may use 43things Software solely for purposes of enabling you to use and enjoy the 43things Services as provided by 43things, and as permitted by the Conditions of Use and these Software Terms. You may not incorporate any portion of the 43things Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the 43things Software or otherwise assign any rights to the 43things Software in whole or in part. You may not use the 43things Software for any illegal purpose. We may cease providing any 43things Software and we may terminate your right to use any 43things Software at any time. Your rights to use the 43things Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms or the Conditions of Use. Additional third party terms contained within or distributed with certain 43things Software that are specifically identified in related documentation may apply to that 43things Software (or software incorporated with the 43things Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any 43things Service is the property of 43things or its software suppliers and protected by United States and international copyright laws.
3. No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the 43things Software, whether in whole or in part, or create any derivative works from or of the 43things Software.
4. Updates. In order to keep the 43things Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
5. Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the 43things Software. If you are a U.S. Government end user, we are licensing the 43things Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the 43things Software are the same as the rights we grant to all others under these Conditions of Use.