The gist:
We (the folks at Tataatsu Idealabs) run a SAAS application called CollabLayer.com to help you collaborate with your teams. CollabLayer is built for users like you. During this early preview stages CollabLayer is free after registration. Though it is too early to discuss pricing and possible levels of subscription, we are keen to get CollabLayer to as many users as possible. CollabLayer is designed to give you control and ownership over what document and related content is brought into the application, whom you choose to share it with and generally make your conversing and collaborating around a specific content context easy to accomplish. We would love it if you gain value from CollabLayer, during preview and after, by keeping your content related conversations in one place and give us feedback on what we could do to make the app better suit your collaboration needs.
However, we request you to be responsible in what content you upload and share with people you know. In particular, make sure that no prohibited items get uploaded into your account or get shared from your CollabLayer profile, even if it is to people whom you know (things like spam, viruses, or hate content).
A list of document types and content that are welcome on our collaboration service will be provided later.
If you should have a doubt that you document or content can violate our terms of service, please write to us at support@tataatsu.com for confirmation and we will get back to you.
Terms of Service:
The following terms and conditions govern all use of the Tataatsu.com and CollabLayer.com websites, application and all content, services and products available at or through these websites (taken together, the Website). The Website is owned and operated by Tataatsu Idealabs, Pvt. Ltd. (“Tataatsu Idealabs”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Tataatsu Idealabs’ Privacy Policy) and procedures that may be published from time to time on this Site by Tataatsu Idealabs (collectively, the “Agreement”).
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 Tataatsu Idealabs, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
Your CollabLayer.com Account.
If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with collaboration services offered. You must not upload, share or work on documents or content in your account that would be construed to be unlawful. You are responsible for respecting rights of users whose content you are sharing, discussing and collaborating around. You agree that Tataatsu Idealabs may remove any document or related content that it considers inappropriate or unlawful, or otherwise likely to cause Tataatsu Idealabs liability. You must immediately notify Tataatsu Idealabs of any unauthorized uses of your account or any other breaches of security. Tataatsu Idealabs will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Collaborators.
If you operate an account, share documents, comment upon content, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), invite people to collaborate with you and your account, You are entirely responsible for the content, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, sharing, commenting on, copying, storing and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to your account, or to further unlawful acts (such as phishing, pirating) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
- your account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional or sharing methods;
- your account is owned and operated by you and not act as front for multiple users to copy content not entirely owned by you or for which you do not have sufficient rights.
- your account is not named in a manner that misleads your collaboratees into thinking that you are another person or company. For example, your account’s URL or name or email is not that of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Tataatsu Idealabs or otherwise.
Payment and Renewal.
General Terms.
CollabLayer service will be free during the preview period, with some restrictions on number of users that can be invited to collaborate with and size of documents and content that can be stored on our application for sharing. Tataatsu Idealabs and CollabLayer, on a best effort basis, will strive to let you take back your documents and content if you choose to cancel your account prior to going live. Our pricing plan finalization will be done prior to going live. CollabLayer will be a subscription service offering multiple pricing levels to help individuals and large teams collaborate with each other. Further payment related terms and conditions will be revealed as we finalize pricing plans prior to going live.
Automatic Renewal.
Terms regarding purchase of subscription, renewal and cancellation will be published along with our pricing details prior to going live. We reiterate that CollabLayer, on a best effort basis, will let you download all your documents and uploaded content if you should choose to cancel your account or not continue post-preview stage of our application.
Responsibility of Website Visitors and Account Owners.
Tataatsu Idealabs and CollabLayer cannot review all of the material, including documents and computer software, posted to the Website, shared or collaborated upon with users, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Tataatsu Idealabs does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain 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. Tataatsu Idealabs disclaims any responsibility for any harm resulting from the use by visitors and users of the Website, or from any downloading by those visitors and users of content there posted.
Content Posted on our Website and related sites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and applications of Tataatsu.com and CollabLayer.com. Tataatsu Idealabs does not have any control over those you invite to collaborate with around your documents and content. 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. Tataatsu Idealabs disclaims any responsibility for any harm resulting from your upload and use of your content that results in harm to yourself and others, and their respective computer systems.
Copyright Infringement and DMCA Policy.
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on CollabLayer.com violates your copyright, you are encouraged to notify Tataatsu Idealabs. Tataatsu Idealabs will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Tataatsu Idealabs will terminate a user’s access to and use of the Website and account if, under appropriate circumstances, the user is determined to be a repeat infringer of the copyrights or other intellectual property rights of Tataatsu Idealabs or others. In the case of such termination, Tataatsu Idealabs will have no obligation to provide a refund of any amounts previously paid to Tataatsu Idealabs or allow user to download any documents and content uploaded into CollabLayer.
Intellectual Property.
This Agreement does not transfer from Tataatsu Idealabs and CollabLayer to you any Tataatsu Idealabs or CollabLayer or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Tataatsu Idealabs. Tataatsu Idealabs, CollabLayer.com, the CollabLayer.com and Tataatsu.com logos, and all other trademarks, service marks, graphics and logos used in connection with Tataatsu.com or CollabLayer.com, or the Website and application are trademarks or registered trademarks of Tataatsu Idealabs or Tataatsu Idealabs’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 CollabLayer.com collaboration application and use of Tataatsu.com grants you no right or license to reproduce or otherwise use any Tataatsu Idealabs or CollabLayer.com or third-party trademarks.
Attribution.
Tataatsu Idealabs and CollabLayer.com reserves the right to display attribution links such as ‘Collaborate at CollabLayer.com,’ in your application footer or toolbar, mail notifications, invite notifications and other communication to you and those you collaborate with.
Domain Names.
If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
Changes.
Tataatsu Idealabs and CollabLayer.com reserve the right, at our 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 or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Tataatsu Idealabs and CollabLayer may also, in the future, offer new services and/or features through the Website (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.
Termination.
Tataatsu Idealabs may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your CollabLayer.com account (if you have one), you may simply discontinue using the Website. 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.
Disclaimer of Warranties.
The Website is provided “as is”. Tataatsu Idealabs 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 Tataatsu Idealabs nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you upload documents and content, invite people to collaborate and share content with your team, or otherwise consume content or services through, the Website at your own discretion and risk.
Limitation of Liability.
In no event will Tataatsu Idealabs, 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; or (iv) for any amounts that exceed the fees paid by you to Tataatsu Idealabs under this agreement during the twelve (12) month period prior to the cause of action. Tataatsu Idealabs 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.
General Representation and Warranty.
You represent and warrant that (i) your use of the Website will be in strict accordance with the Tataatsu Idealabs Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification.
You agree to indemnify and hold harmless Tataatsu Idealabs, 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 the Website, including but not limited to your violation of this Agreement.
Miscellaneous.
This Agreement constitutes the entire agreement between Tataatsu Idealabs and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Tataatsu Idealabs, or by the posting by Tataatsu Idealabs 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 Bangalore, Karnataka, India, 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 Bangalore, Karanataka. 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 Judicial Arbitration and Mediation rules relevant in the jurisdiction of Bangalore, Karnataka, India, 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; Tataatsu Idealabs 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.