Terms of Service
1. Our service Sidebar helps you discover and learn about what you love. To do that, we show you things we think will be relevant, interesting and personal to you based on your onsite and offsite activity. To provide our Service, we need to be able to identify you and your interests. Some of the things we show you are promoted by advertisers.
2. Using Sidebar a. Who can use Sidebar You may use Sidebar only if you can legally form a binding contract with Sidebar, and only in compliance with these Terms and all applicable laws. When you create your Sidebar account, you must provide us with accurate and complete information. You can’t use Sidebar if it would be prohibited by U.S. sanctions. Any use or access by anyone under the age of 13 is not allowed. If you’re based in the EEA, you may only use Sidebar if you are over the age at which you can provide consent to data processing under the laws of your country. Using Sidebar may include downloading software to your computer, phone, tablet, or other device. You agree that we may automatically update that software, and these Terms will apply to any updates.
b. Our license to you Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Service.
c. Commercial use of Sidebar If you want to use Sidebar for commercial purposes you must create a business account and agree to our Business Terms of Service.
3. Your content a. Posting content Sidebar allows you to post content, including text, comments, links, and other materials. Anything that you post or otherwise make available on Sidebar is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to Sidebar.
b. How Sidebar and other users can use your content You grant Sidebar and our users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute your User Content on Sidebar solely for the purposes of operating, developing, providing, and using Sidebar. Nothing in these Terms restricts other legal rights Sidebar may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content, or change the way it’s used in Sidebar, for any reason. This includes User Content that we believe violates these Terms, our Community Guidelines, or any other policies.
d. Feedback you provide We value hearing from our users, and are always interested in learning about ways we can make Sidebar more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you.
4. Security We care about the security of our users. While we work to protect the security of your content and account, Sidebar can’t guarantee that unauthorized third parties won’t be able to defeat our security measures. We ask that you keep your password secure. Please notify us immediately of any compromise or unauthorized use of your account.
5. Third party links, sites, and services Sidebar may contain links to third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Sidebar. We don’t endorse or assume any responsibility for any such third party sites, information, materials, products, or services. If you access any third party website, service, or content from Sidebar, you do so at your own risk and you agree that Sidebar has no liability arising from your use of or access to any third party website, service, or content.
Sidebar may terminate or suspend your right to access or use Sidebar for any reason on appropriate notice. We may terminate or suspend your access immediately and without notice if we have a good reason, including any violation of our Community Guidelines.
6. Indemnity If you use Sidebar for commercial purposes (i.e., you are not a consumer) without agreeing to our Business Terms as required by Section 2(c) of these Terms, you agree to indemnify and hold harmless Sidebar, affiliates and their respective officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to your access to or use of our Service, your User Content, or your breach of any of these Terms.
7. Disclaimers Our Service and all content on Sidebar is provided on an "as is" basis without warranty of any kind, whether express or implied. Sidebar specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade.
Sidebar takes no responsibility and assumes no liability for any User Content that you or any other person or third party posts or sends using our Service. You understand and agree that you may be exposed to User Content that’s inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
If you're a consumer in the EEA, we don’t exclude or limit any liability for gross negligence, intent, or death or personal injury caused by our negligence or willful misconduct.
8. Limitation of liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, Sidebar SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL Sidebar'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
If we cause damage to you and you're a consumer in the EEA, the above doesn’t apply. Instead, Sidebar’s liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. Sidebar isn’t liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability won’t apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence or willful misconduct, or if and to exclude our responsibility for something we have specifically promised to you.
9. Arbitration For any dispute you have with Sidebar, you agree to first contact us and try to resolve the dispute with us informally. If we need to contact you, we will do so at the email address on your Sidebar account. If Sidebar hasn’t been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms through binding arbitration or (for qualifying claims) in small claims court.
Arbitration is a more informal way to resolve our disagreements than a lawsuit in court. For instance, arbitration uses a neutral arbitrator instead of a judge or jury, involves more limited discovery, and is subject to very limited review by courts. Although the process is more informal, arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Service, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Sidebar are each waiving the right to a trial by jury or to participate in a class action. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. This arbitration provision shall survive termination of this Agreement and the termination of your Sidebar account.
Any arbitration will be administered by the American Arbitration Association ("AAA") under the Consumer Arbitration Rules then in effect for the AAA, except as provided herein. You can find their forms at www.adr.org. Unless you and Sidebar agree otherwise, the arbitration will be conducted in the county (or parish) where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA Rules, except that Sidebar will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts, including for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND Sidebar ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. To the extent any claim, dispute or controversy regarding Sidebar or our Service isn’t arbitrable under applicable laws or otherwise: you and Sidebar both agree that any claim or dispute regarding Sidebar will be resolved exclusively in accordance with Section 12 of these Terms.
If you're a consumer in the EEA, Section 11 doesn't apply to you.
10. Governing law and jurisdiction These Terms shall be governed by the laws of the State of California, without respect to its conflict of laws principles. If you are not a consumer in the EEA, the exclusive place of jurisdiction for all disputes arising from or in connection with this agreement is San Francisco County, California, or the United States District Court for the Northern District of California and our dispute will be determined under California law.
If you are a consumer in the EEA, this won’t deprive you of any protection you have under the law of the country where you live and access to the courts in that country.
11. General terms Notification procedures and changes to these Terms We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our discretion, is material, we’ll notify you. By continuing to access or use Sidebar after revisions become effective, you agree to be bound by the new Terms. If you don’t agree to the new terms, please stop using Sidebar.
Assignment These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Sidebar without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. If you’re a consumer in the EEA, either you or Sidebar may assign this agreement, and any rights and licences granted under it, to a third party. In case of such an assignment by Sidebar, you are entitled to terminate the agreement with immediate effect by deactivating your account. Sidebar will provide you with reasonable notice of any such assignment.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Sidebar's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Parties If you live in the United States, these Terms are a contract between you and Sidebar, 18 Bartol Street, #1127, San Francisco, CA 94133.