Welcome to Catalysta. Catalysta provides its service to the users (each such user, a “Participant”) who visit the Catalysta website. Participants who use the application and its tools for sharing and commenting are subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to the Participant. In addition, when using particular Catalysta services, the Participant shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
Catalysta currently provides users with access to a website of content, and applications for sharing and commenting (the “Service”). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Catalysta features, shall be subject to the TOS. The Participant understands and agrees that the Service is provided “AS-IS” and that Catalysta assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
The Participant is responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). The Participant is responsible for those fees. In addition, the Participant must provide and is responsible for all equipment necessary to access the Service.
In consideration of the Participant’s right to access the Service, the Participant agrees to:
In consideration for the Participant’s right to access the Service, the Participant agrees to grant Catalysta the right and permission to use the information described below for the purpose of promoting Catalysta and its projects.
The Participant agrees that all work developed for and in connection with his or her participation with the Service, including, but not limited to sharing text, audio, and video contributions and comments (collectively, the “Materials”), shall remain the sole and exclusive property of Catalysta and may be used by Catalysta at its discretion for any lawful purpose. The Participant agrees that the Materials may be made available to the general public via a Catalysta website or other website, as permitted by Catalysta, or for use in various media (i.e. DVD, books). Catalysta may use the Materials only for the purposes described above. Except as otherwise provided in this TOS, Catalysta agrees that it will not disclose or discuss any of the Participant’s confidential information, including his or her name, to any third party without prior written permission from the Participant.
This grant of permission will begin immediately and will extend indefinitely, or until such time as Catalysta and the Participant have executed an agreement in writing terminating this grant of permission. The Participant agrees that this consent and release is provided to Catalysta without prior promise of payment or other benefit and without any expectation of payment or benefit (other than the right to access the Service) in return.
Each Participant will receive password and account designations upon completing the Service’s registration process. The Participant is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities that occur under the Participant’s password or account. The Participant agrees to
The Participant is prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited.
The Participant understands that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that the Participant, and not Catalysta, is entirely responsible for all Content that the Participant uploads, posts, emails, transmits or otherwise makes available via the Service. Catalysta does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. The Participant understands that by using the Service, the Participant may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Catalysta be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
The Participant agrees to not use the Service to:
Catalysta and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Catalysta and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. The Participant agrees that the Participant must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, the Participant acknowledges that he or she may not rely on any Content created by Catalysta or submitted to Catalysta, including without limitation information in all parts of the Service.
The Participant acknowledges and agrees that Catalysta may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
The Participant understands that the technical processing and transmission of the Service, including his or her Content, may involve
Recognizing the global nature of the Internet, the Participant agrees to comply with all laws, rules and regulations regarding online conduct and acceptable Content of the jurisdiction in which the Participant resides. Without limiting the generality of the foregoing, the Participant agrees to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which he or she resides.
The Participant agrees to indemnify and hold Catalysta, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content he or she submits, posts, transmits or makes available through the Service, the Participant’s use of the Service, his or her connection to the Service, his or her violation of the TOS, or his or her violation of any rights of another.
The Participant agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Catalysta reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. The Participant agrees that Catalysta shall not be liable to the Participant or to any third party for any modification, suspension or discontinuance of the Service.
The Participant agrees that Catalysta, in its sole discretion, may terminate his or her password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Catalysta believes that the Participant has violated or acted inconsistently with the letter or spirit of the TOS. Catalysta may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. The Participant agrees that any termination of his or her access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Catalysta may immediately deactivate or delete his or her account and all related information and files in his or her account and/or bar any further access to such files or the Service. Further, the Participant agrees that Catalysta shall not be liable to the Participant or any third-party for any termination of his or her access to the Service.
The Participant’s correspondence or business dealings with, or participation in promotions of, third parties found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the Participant and such third party. The Participant agrees that Catalysta shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Catalysta has no control over such sites and resources, the Participant acknowledges and agrees that Catalysta is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. The Participant further acknowledges and agrees that Catalysta 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 use of or reliance on any such Content, goods or services available on or through any such site or resource.
The Content accessible from this site, and any other World Wide Web site owned, operated, licensed, or controlled by Catalysta is the proprietary information of Catalysta or the party that provided the Content to Catalysta, and Catalysta or the party that provided the Content to Catalysta retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Catalysta, except that the Participant may print out a copy of the Content solely for his or her own personal use. In doing so, the Participant may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in the TOS violates Catalysta’s intellectual property rights. Neither title nor intellectual property rights are transferred to the Participant by access to this site.
THE PARTICIPANT EXPRESSLY UNDERSTANDS AND AGREES THAT:
THE PARTICIPANT EXPRESSLY UNDERSTANDS AND AGREES THAT CATALYSTA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CATALYSTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE PARTICIPANT’S TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
(v) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO THE PARTICIPANT.
Notices to the Participant may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to the Participant generally on the Service.
Catalysta, the Catalysta logo, Catalysta LLC, and other Catalysta logos and product and service names are trademarks of Catalysta LLC (the “Catalysta Marks”). Without Catalysta’s prior permission, the Participant agrees not to display or use in any manner, the Catalysta Marks.
Catalysta respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Catalysta’s copyright agent the following information:
Catalysta’s copyright agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Bob J. Goldberg
Taylor English Duma LLP
1600 Parkwood Circle, Suite 400
Atlanta, Georgia 30339
This TOS constitutes the entire agreement between the Participant and Catalysta relating to this subject matter and supersedes any prior agreements between the Participant and Catalysta. The Participant also may be subject to additional terms and conditions that may apply when the Participant uses affiliate services, third-party content or third-party software. The TOS and the relationship between the Participant and Catalysta shall be governed by the laws of the State of New York without regard to its conflict of law provisions. The Participant and Catalysta agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Kings, New York. The failure of Catalysta to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. The Participant agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to our Customer Care.
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