Terms of Service Agreement
BY USING ANY WEBSITE SERVICES AND/OR DOWNLOADING SOFTWARE AND/OR APPLICATIONS (COLLECTIVELY CALLED, "SERVICE(S)") PROVIDED TO YOU BY OR ON BEHALF OF PSYKEY, INC. AND ITS AFFILIATED ENTITIES ("PSYKEY") IN CONNECTION WITH YOUR USE OF PSYKEY SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT; IF YOU DO NOT AGREE TO THE FOREGOING, YOU AGREE THAT YOU DO NOT HAVE A LICENSE TO, AND YOU WILL NOT USE PSYKEY ONLINE SERVICES.
This License Agreement contains details on your limited right and license to use the Services provided by PsyKey. This License Agreement is between you and PsyKey and not any other party.
The rights granted under the terms of this License Agreement include any website or Service upgrades that replace and/or supplement the original Services.
PsyKey reserves the right, from time to time, with or without notice to you, to change the terms of this License Agreement in our sole and absolute discretion. The most current version of this License Agreement will supersede all previous versions. Your use of PsyKey Services after changes are made means that you agree to be bound by such changes. As such, you should review the License Agreement periodically.
2. Account Terms
Your use of PsyKey Services is at your sole risk. All Services are provided on an "AS IS" and "AS AVAILABLE" basis.
You may not use PsyKey Services for any illegal or unauthorized purpose. You must not, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
To complete the sign-up process, you must provide all information requested including a valid email address.
Accounts registered by automated methods are not permitted.
For log-in, each user will choose a user name and password combination.
Each log-in may only be used by one person. You can warrant other people access to your workspace by inviting them, but they still need to create their own PsyKey account.
Each user is responsible and liable for maintaining the security of their user name and password. PsyKey will not be liable for any loss or damage from failure to comply with this security obligation.
You are responsible and liable for all content posted to PsyKey Services and any activity that occurs under your account. Even when content is posted by - or activities being deployed by - others who have accounts under your account.
Technical support is provided via the application's feedback feature, support page, and support forum, and only in English. PsyKey aims to respond within 24 business hours, but is under no obligation to do so and will not accept any liability for consequences resulting from delayed responses. You understand and agree to this when contacting PsyKey.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any PsyKey customer, employee, member, or officer may result in immediate account termination.
You are not allowed to modify, adapt or hack the Services or modify another website so as to falsely imply that it is associated with PsyKey Services.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of Services, use of Services, or access to Services without the express written permission by PsyKey.
PsyKey can, but has no obligation to, remove content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
If your bandwidth usage exceeds the average bandwidth usage (as determined solely by PsyKey) of other PsyKey customers, we reserve the right to immediately disable your account or reduce the Service or its availability to you until you can reduce your bandwidth consumption.
3. PsyKey Does Not Warrant
Although PsyKey strives to provide the best and most dependable Services possible, PsyKey does NOT warrant that:
- Services will meet any specific requirements including but not limited to yours.
- Services will be uninterrupted, timely, secure, or error-free.
- The results that are obtained from the use of the Service will be accurate or reliable.
- The quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations.
- Any errors in the Services will be corrected.
You expressly understand and agree that PsyKey can and 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 PsyKey has been advised of the possibility of such damages), resulting from:
- The use or the inability to use the service.
- 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.
- Unauthorized access to or alteration of your transmissions or data.
- Statements or conduct of any third party on the service.
- Or any other matter relating to the service.
The failure of PsyKey to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision or any other right or provision or term described in the terms of Services. The Terms of Service constitutes the entire agreement between you and PsyKey and govern your use of PsyKey Services, superseding any prior agreements between you and PsyKey (including, but not limited to, any prior versions of the Terms of Service).
4. Permitted Use/Restrictions
4.1 Grant of Limited License. PsyKey grants you a non-exclusive, limited, personal and nontransferable license, subject to and conditioned on your compliance with the restrictions set forth in this License Agreement, to use the Services, in object code form only, provided to you by or on behalf of PsyKey in connection with your use of the Services.
4.2 The license grant above includes the right to use documentation accompanying the PsyKey Services.
4.3 PsyKey Services are only for your own personal, non-commercial use and not for use in the operation of a business or service bureau, for profit or for the benefit or any other person or entity.
4.4 As a condition of the limited license for the Services granted to you in this License Agreement, except as and only to the extent expressly permitted in this License Agreement or by applicable law which cannot be waived by this License Agreement, you may NOT:
- Publish, display, disclose, rent, lease, modify, loan, distribute or create derivative works based on our Services or any part thereof.
- Copy, decompile, reverse engineer, disassemble, translate, adapt or otherwise reduce our Services to human readable form.
- Attempt to create the source code from the object code of our Services.
- Transmit or make our Services available over a network where it could be used by multiple computers.
- Make any third-party software contained in our Services a standalone product.
- Take any action that will infringe on the intellectual property or other proprietary rights of PsyKey or any third party software provider, sublicense or assign the Services.
4.5 No ownership rights. You have no ownership rights in PsyKey Services. Rather, you have a limited license to use the Services as long as this License Agreement remains in effect. Ownership of the Services and all intellectual property rights therein shall remain at all times with PsyKey and/or its licensors. Any other use of the Services by any other person, business, corporation, government or any other entity is strictly prohibited and is a violation of this License Agreement.
PsyKey Services are provided "AS IS". PsyKey makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, PsyKey does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall PsyKey or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use PsyKey Services, even if PsyKey or a PsyKey authorized representative has been notified orally or in writing of the possibility of such damage.
7. Payment of fees, Refunds, Upgrading & Downgrading
Prices of all PsyKey Services, including but not limited to yearly subscription plan fees to the Services, are subject to change without prior notice. Such notice may be provided at any time by posting the changes to the PsyKey website www.psykey.com or the Service itself but PsyKey is under no obligation to do so.
Services are billed in advance on a yearly basis and are non-refundable. For any upgrade or downgrade in plan level outside of a 30-day trial period, you will automatically be charged the new rate on your next billing cycle. No refunds will be made for premature cancellation of subscription. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
When payment for a subscription has not reached PsyKey in 7 days after the initial request, the subscription will be Suspended. PsyKey will not be liable for any loss of content, capacity, features or external implications that result from said Suspension.
All payments and payment information for PayKey services are handled by a third-party payment gateway. PsyKey holds no credit card information of any users.
You are solely responsible and liable for fully canceling your subscription. An email, telephone, fax or written request to cancel your subscription is not considered cancellation. You can cancel your subscription at any time, instructions for which can be found on the PsyKey website. PsyKey shall not be liable if a user has failed to follow the instructions precisely.
PsyKey shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
8. Cancellation and Termination
This License Agreement is effective until terminated. Your rights under this License Agreement are terminable by PsyKey at any time without notice. Further, this License Agreement will terminate if PsyKey finds that you have violated any of the terms of this License Agreement. No waiver of any breach of any provision of this License Agreement by PsyKey shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless it is made in writing and is signed by an authorized representative of PsyKey. All provisions relating to confidentiality, proprietary rights, and nondisclosure shall survive the termination of this License Agreement. Your ability to use PsyKey Services is subject to your system compatibility with our Services as such requirements may change from time to time. Compatibility of system requirements with our Services is your responsibility.
The closing of your account may result in the immediate and irrevocable deletion of all your Content related to your account. You understand and agree to this condition.
PsyKey, in its sole discretion, has the right to suspend or terminate any account and refuse any and all current or future use of PsyKey Services, for any reason at any time. Such termination of the Services may result in the deactivation or deletion of your account and content or your access to your account and content, and the forfeiture and relinquishment of all content in your account.
If an account remains inactive for 12 months, it may be disabled.
PsyKey reserves the right to refuse service to anyone for any reason at any time.
PsyKey reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice.
Violation of any of the terms in this document called 'Terms of Service' will result in the termination of your account. While PsyKey prohibits such conduct and content on the Services, you understand and agree that PsyKey cannot be responsible for the content posted on the Services and you nonetheless may be exposed to such materials.
Upon the termination of this License Agreement, you shall cease all use of PsyKey Services and destroy all copies, full or partial, of the Services that you may have downloaded hereunder.
The nature of the Services may result or require us to have access to the materials, information, and content you upload to the service. PsyKey acknowledges that some or all of this information may be confidential in nature. By uploading this information to the Service, you agree that PsyKey may have such access when necessary and appropriate.
PsyKey will undertake reasonable and lawful measures to ensure that the information remains confidential. In particular, unless compelled by law, PsyKey shall not directly or indirectly use, disclose, reveal, publish or cause to be disclosed any such confidential information to third parties.
However, please note that confidential information does not include information that at the time of disclosure was generally known to the public; after disclosure becomes generally known to the public through no fault of PsyKey; or is already in the possession of the receiving party at the time of disclosure through some other source.
You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices.
10. Consent to Use of Data
11. Revisions and Errata
The materials appearing on PsyKey Services could include technical, typographical, or photographic errors. PsyKey does not warrant that any of the materials are accurate, complete, or current. PsyKey may make changes to the materials contained in its Services at any time without notice. PsyKey does not, however, make any commitment to update the materials.
PsyKey has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by PsyKey of the site. Use of any such linked web site is at the user's own risk.
13. Upgrading our Services
PsyKey may issue you an upgraded version of our Services at any time and automatically upon an instance of your use of PsyKey Services. Alternatively, PsyKey may require you to consent to an upgrade to the Services (“Service Upgrades”) before using, installing or accessing the Services. If you decline the Service Upgrades, you may not be able to use or access PsyKey Services.
14. Export Law Assurances
You may not use or otherwise export or re-export the Services except as authorized by United States law and the laws of the jurisdiction in which the Service was legally obtained or authorized by PsyKey. In particular, but without limitation, the Services may not be exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list.
15. U.S. Government End Users
The Services and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through §227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
16.1 Association of Psychology Postdoctoral and Internship Centers (“APPIC”): PsyKey Services are not affiliated with APPIC or its affiliated entities.
16.2 Time2Track™: PsyKey Services are not affiliated with Time2Track™ or its affiliated entities. All trademarks are the property of their respective owners.
16.3 Facebook: You agree and acknowledge that Facebook has no responsibility or liability for PsyKey Services and its content.
17. PsyKey Contact Information
Any questions, complaints or claims regarding the Services shall be directed to Customer Service.
Dated: December 12, 2011