The following terms and conditions govern all use of the Stoplight.io website, or any other website owned and operated by Stoplight which incorporate these terms and conditions) (the "Website"), including all content, services and support packages provided via the Website. 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, procedures that may be published from time to time on this Website by Stoplight (collectively, the "Agreement").
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to be 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 of the services. If these terms and conditions are considered an offer by Stoplight, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 16 years old.
All right, title and interest in any software provided by Stoplight shall at all times remain with Stoplight. You shall not acquire directly, indirectly or by implication any right, title or interest, including intellectual property rights, in the software or any parts thereof. We do not claim any ownership rights to the information that you submit to the Stoplight application itself, your code is yours.
- Your Account and Website
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 the account. You must immediately notify Stoplight of any unauthorized use of your account or any other breaches of security. Stoplight 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.
- Acceptable Use of Your Account and the Website
By accepting this Agreement, you agree not to use, encourage, promote, or facilitate others to use, the Website or your account in a way that is harmful to others ("Acceptable Use"). Examples of harmful use include, but are not limited to, engaging in illegal or fraudulent activities, infringing upon others' intellectual property rights, distributing harmful or offensive content that is defamatory, obscene, abusive, an invasion of privacy, or harassing, violating the security or integrity of any computer, network or communications system, and taxing resources with activities such as cryptocurrency mining. You may not conduct external scans of any kind against Stoplight.io infrastructure without written permission from Stoplight. Furthermore, account name squatting is prohibited by Stoplight. Account names on Stoplight are administered to users on a first-come, first-serve basis. Accordingly, account names cannot be held or remain inactive for future use. Any attempts to purchase, solicit, or sell account names in any form may result in the permanent suspension of the account. Stoplight reserves the right to remove, rename, or close inactive accounts at its discretion. If you believe that an account is in violation of these terms, please visit our Abuse Reports page for reporting instructions.
- Payment and Renewal for Subscriptions Purchased Through the Website
By selecting a subscription, you agree to pay Stoplight the subscription fees indicated for that service. The subscription fee will be specified on your invoice. Unless you notify Stoplight before the end of the applicable subscription period that you want to cancel the subscription will renew automatically. You authorize us to collect the subscription fee using any credit card or other payment mechanism we have on record for you. All subscriptions are subject to the terms and conditions of the Stoplight Subscription Terms.
- Stoplight Newsletter
By creating an account on Stoplight.io you give us permission to add your email address to the Stoplight newsletter. You can unsubscribe at any time by using the link at the bottom of the newsletter.
- Responsibility of Website Visitors
Stoplight has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Stoplight 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, and 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. You are encouraged to report any violations of our Acceptable Use requirements to Stoplight Legal.
- Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which this website links, and that link to this website. Stoplight does not have any control over those non-Stoplight websites and webpages, and is not responsible for their contents or their use. By linking to a non-Stoplight website or webpage, Stoplight does not represent or imply that it endorses such website or webpage. 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. Stoplight disclaims any responsibility for any harm resulting from your use of non-Stoplight websites and webpages.
- Copyright Infringement and DMCA Policy
As Stoplight asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Stoplight violates your copyright, you are encouraged to notify Stoplight in accordance with our DMCA Policy. To the extent you are required to use third party software or applications, you are solely responsible for securing the necessary rights to use such third party software or applications.
- Data Privacy
You shall ensure that any and all information or data, including without limitation, personal data, used by you in connection with the Agreement ("User Data") is collected, processed, transferred and used in full compliance with Applicable Data Protection Laws (as defined below) and that you have obtained all necessary authorizations and consents from any data subjects to process User Data. If applicable, you shall adopt and maintain appropriate organizational, technical and security measures prior to any such collection, processing or transfer in order to protect against unauthorized access to or use of User Data. You shall immediately inform Stoplight upon becoming aware of any breach within the meaning of Applicable Data Protection Law relating to User Data (a "Security Incident") and to cooperate with Stoplight in any investigation thereof and in the implementation of any measures reasonably required to be taken in response thereto.
- Intellectual Property
This Agreement does not transfer from Stoplight to you any Stoplight or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Stoplight. Stoplight, the Stoplight logo, and all other trademarks, service marks, graphics and logos used in connection with Stoplight, or the Website are trademarks or registered trademarks of Stoplight, Inc. or Stoplight'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 Website grants you no right or license to reproduce or otherwise use any Stoplight or third-party trademarks.
- General Representation
You represent and warrant that (i) your use of the Website will be in strict accordance 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.
Stoplight 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 Stoplight account, 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.
- Limitation of Liability
EXCEPT WITH RESPECT TO BREACH(ES) OF SECTION 1.1 AND/OR 2.1, IN NO EVENT WILL STOPLIGHT OR THEIR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF STOPLIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN ADDITION, THE TOTAL LIABILITY OF STOPLIGHT AND ITS LICENSORS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, WILL NOT EXCEED, IN THE AGGREGATE, ONE THOUSAND DOLLARS ($1,000). THE FOREGOING LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
You agree to indemnify and hold harmless Stoplight, its affiliates, 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 this Website, including but not limited to your violation of this Agreement.
- Disclaimer of Warranty
The Website is provided "AS IS" and STOPLIGHT AND ITS AFFILIATES, SUPPLIERS AND LICENSORS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Neither Stoplight 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 download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Partial Invalidity
If any provision of this document is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
- Failure to Enforce
The failure of either party to enforce at any time, or for any period of time, the provisions hereof shall not be construed to be a waiver of such provisions or of the right of such party to enforce each and every such provision.
- Dispute Resolution
The parties will engage in good faith negotiations to resolve the dispute for a period of ten (10) business days after written notice of the dispute or issue is provided by one party to the other. Within such ten (10) business days, representatives from each party will engage in negotiations to resolve the dispute, and such individuals will meet in person, via videoconference or via telephone and attempt to informally resolve the dispute or issues. If those persons are unable to resolve the dispute within such ten (10) business days, then unless the parties have mutually agreed to extend the negotiation period, a party may exercise its rights available to such party under this Agreement or otherwise.
Any dispute, controversy or claim arising out of or relating to this Agreement, including the formation, interpretation, breach or termination thereof, including whether the claims asserted are arbitrable, which has not been resolved via the process laid out in Dispute resolution will then be referred to and finally determined by arbitration in accordance with the American Arbitration Association. The arbitral tribunal shall be composed of one arbitrator. The place of arbitration shall be Austin, Texas. The arbitral procedure shall be conducted in the English language. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
- Governing Law
These Terms shall be construed in accordance with the laws of the State of Texas without reward to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms or your use of the Stoplight shall be filed only in the state or federal courts located in Travis County, Texas, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Stoplight Notice and Procedure for Making Claims of Copyright Infringement
THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR TECHNICAL ASSISTANCE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 501 et seq., copyright owners or their authorized agents may submit a complaint of alleged copyright infringement to STOPLIGHT if they have a good-faith belief that their protected works are being infringed. STOPLIGHT will respond to all such notifications that are sent to: Stoplight, Inc. 1834 E Oltorf St Ste. 200 Austin, TX 78741 Attn: Legal Department Email: [email protected]
To be effective, the notification must be a written communication that includes:
- A physical or electronic signature of a person authorized to act on behalf of the owner of a right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single Website are covered by a single notification, a representative list of such works at that Website;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Upon receipt of such notification, STOPLIGHT shall promptly investigate the matter, and, if appropriate, remove or disable access to the allegedly infringing material. After STOPLIGHT removes or disables access to such material, if such material was posted by a user of the Site, STOPLIGHT will notify the party that posted the material of its action. Such party may then provide STOPLIGHT's designated agent proper "counter-notification" stating his, her or its authority to post the allegedly infringing material, which STOPLIGHT will forward to the alleged copyright owner. STOPLIGHT will inform the alleged copyright owner that STOPLIGHT will repost the removed material or cease disabling access to it in ten to fourteen business days unless the alleged copyright owner sends a second notification to STOPLIGHT's designated agent stating that it has filed suit against the alleged infringer. An effective counter-notification must be sent to STOPLIGHT's designated agent, whose name and address are listed above. The notice must include the following information:
- The counter-notifying party's physical or electronic signature;
- Identification of the material that has been removed or disabled and the location where the material was before its removal or disablement;
- A statement, under penalty of perjury, that the party has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
- The counter-notifying party's name, address, phone number, and a statement that the party consents to the jurisdiction of the federal court in its district, or if the subscriber is foreign, it consents to any jurisdiction where STOPLIGHT is subject to jurisdiction, and that the subscriber will accept service of process from the person who provided STOPLIGHT with notification or an agent of such a person.
Revision Date: June 24, 2020