Terms of Service



This Document describes the terms on which Buzzard ("we", "us"), an AG (similar to a limited liability company) registered in Freienbach, Switzerland, offers you ("you" or "your") access to Spootnik (content and functionality of spootnik.net) provided by us.


Description of Spootnik

Spootnik provides a server to synchronize your database with, so that your iPad, iPhone or iPod touch, and all of your Macs, will stay up to date. In addition it synchronizes to-do items between OmniFocus and Basecamp in fixed intervals. Spootnik treats other (especially 37signals') resources as good as possible and thus it could happen that not every change made on one side gets synchronized immediately to the other side.

You have to acknowledge that Spootnik depends heavily on OmniFocus and Basecamp. It can only be provided under following preconditions:
Accepting the Terms

In order to use Spootnik, you must first agree to the Terms. You may not use Spootnik if you do not accept the Terms.


Copyright and Content Ownership

We own all rights, titles and interests in and of Spootnik and you agree that you will not copy, reproduce, alter, modify, or create derivative works from Spootnik.

Fees, Method of Payment and Refunds

We may choose to temporarily change the fees for promotions or for new Services. All our fees are quoted in U.S. Dollars.


Monthly fees are charged on your Spootnik credit balance. You can buy credit at any time using the "Buy Credit" link inside the Billing section.


Disclaimer of Warranties

Important Information
We can't give any warranty which goes beyond our ability to access your Basecamp and OmniFocus data. Is either of them inaccessible towards Spootnik, Spootnik won't be able to provide you its synchronization Service.

You expressly understand and agree that:
  1. Your use of Spootnik are at your sole risk.
  2. BUZZARD AND ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS AND LICENSORS MAKE NO WARRANTY THAT (1) SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS, (2) SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (3) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; (4) AND ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
  3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF BUZZARD SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  4. No Advice or information, whether oral or written, obtained by you from Buzzard or through the use of our Services shall create any warranty not expressly stated in this agreement.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BUZZARD AND ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, 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 BUZZARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
  1. THE USE OR THE INABILITY TO USE THE BUZZARD SERVICE;
  2. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES;
  3. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
  4. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON BUZZARD SERVICE;
  5. OR ANY OTHER MATTER RELATING TO THE BUZZARD SERVICE.

Notwithstanding any other provision of this agreement, in no event will our liability to you for any action or claim related to the services provided under this agreement, whether based on contract, tort, negligence or any other theory of liability, exceed the greater of: (a) $100 or (b) the total fees you paid to us in the three months prior to the action giving rise to the liability.

Some states and jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, so this limitation and exclusion may not apply to you.

Notices

We communicate with you either by email you provided us during the registration process or by doing a posting on the Spootnik site.

Termination

You can cancel your account at any time without a penalty. The Billing section provides a simple no questions asked cancellation link. After you terminated, you may no longer have access to your data. You won't be charged again and any remaining credit balance will be refunded by PayPal. But you are responsible for whatever fees have already been incurred for the current billing period.

We reserve the right in our sole and absolute discretion to refuse, suspend, or terminate Spootnik to anyone. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion (not closing list) are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

Modifications

We reserve the right to modify or discontinue, temporarily or permanently, Spootnik with or without notice. You agree that we shall not be liable to you or to any third Party for any modification, suspension or discontinuance of Spootnik

All prices are subject to change upon 30 days notice (see sections Notices and Fees, Method of Payment) from us.

Resolution of Disputes

Our goal is to resolve a dispute quickly and cost effectively. You agree to first contact us directly to seek a resolution.

These Terms of Service shall be governed by and construed in accordance with the laws of Switzerland, without regard to its provisions governing conflicts of law. You agree that any claim or dispute you may have against us must be resolved by a court located in Freienbach, Switzerland. You hereby submit to the personal jurisdiction of the courts located within Freienbach, Switzerland for the purpose of litigating all such claims or disputes.

Terms of Privacy

The Privacy Policy is part of this Agreement. We have the right to change them. Changes take effect when we post them to the Spootnik site.

Effectiveness

This Agreement is effective on February 9 2009 for current users, and upon acceptance for new users.