Neatnik

Part a. Registered users of our Services are “Members” and unregistered users are “Visitors”. Either Member or Visitors may be referred to as “You”. When you register for our Services you become a “Member”. If you have chosen not to register for our Services, you may access certain features as a “Visitor.”

Part b. You are entering into this Contract with Neatnik LLC, a Kentucky Limited Liability Company (also referred to as “we” and “us” or “Neatnik”).

Part a. This Contract applies to Neatnik LLC sites, apps, communications, and other services that state that they are offered under this Contract (“Services”), including the offsite collection of data for those Services.

Part b. As a Visitor or Member of our Services, the collection, use and sharing of your personal data is subject to this Privacy Policy and updates.

Part a. We may modify this Contract, and our Privacy Policy from time to time. If we make material changes to it, we may provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive.

Part b. If you object to any changes, you may stop using our Services. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms as of their Effective date.

Part a. “Minimum Age” means 13 years old. However, if law requires that you must be older for Neatnik LLC to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.

Part b. The Services are not for use by anyone under the Minimum Age. Neatnik LLC does not knowingly collect personal identifiable information from children under the Minimum Age without verifiable parental consent. If it is determined that such information has been inadvertently collected on under the Minimum Age, we shall immediately take the necessary steps to ensure that such information is deleted from our system. Anyone under the Minimum Age must seek and obtain parent or guardian permission to use this website.

Part c. To use the Services, you agree that:

1. you must be the "Minimum Age"(described below) or older; and
2. you are not already restricted from using the Services.

Part d. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the Minimum Age.

Part a. Members are account holders. You agree to:

1. use a strong password and keep it confidential for the Services; however if you choose to not use a password for such Services, use a strong password and keep it confidential for the email accounts used to access the Services without a password for the Services;
2. not transfer any part of your account;
3. follow the law; and
4. follow our list of “Do’s and Don’ts”.

Part b. You are responsible for anything that happens through your account unless you close it or report misuse.

Part a. If you buy any of our Services, you agree to pay us the applicable fees and taxes and to additional terms specific to the Services. Failure to pay these fees will result in the termination of your Services.

Part b. Also, you agree that:

1. Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
2. If you choose this as an option and we make such option available, we may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy.
3. If you choose this as an option and we make such option available, if you purchase a subscription, your payment method automatically may be charged at the start of each subscription period for the fees and taxes applicable to that period.
4. To avoid an interruption in services if you do not choose automatic renewal or if such an option is not available, you must pay for such services ahead of time. In this case, please do not ignore any subscription renewal notices.
5. All of your purchases of Services are subject to our refund policy, which is all purchases of Services are final and non-refundable, subject to the applicable law.
6. We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.

Part a. You agree that we will provide notices and messages to you in the following ways:

1. within the Service, or
2. sent to the contact information you provided us (e.g., email, mobile number, physical address).

Part a. Our Services allow the sharing of information in many ways. Where we have made settings available, we will honor the choices you make about who can see content or information.

Part b. We are not obligated to publish any information or content on our Service and can remove it with or without notice.

Part a. As between you and Neatnik LLC, you own the content and information that you submit or post to the Services, and you are only granting Neatnik LLC and our companies controlling, controlled by or under common control with us (“Affiliates”) the following non-exclusive license:

1. A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:
   1. You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
   2. We will not include your content in advertisements for the products and services of third parties to others without your separate consent. If you use a Service feature, we may mention that with your name or photo to promote that feature within our Services.
   3. We will get your consent if we want to give others the right to publish your content beyond the Services.
   4. While we may edit and make format changes to your content (such as translating or transcribing it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.

Part b. Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others, including under the terms of a Creative Commons license.

Part c. You and Neatnik LLC agree that if content includes personal data, it is subject to our Privacy Policy.

Part d. By submitting suggestions or other feedback regarding our Services to Neatnik LLC, you agree that Neatnik LLC can use and share (but does not have to) such feedback for any purpose without compensation to you.

Part e. You agree to only provide content or information that does not violate the law, nor anyone’s rights (including intellectual property rights). If you or anyone else identifies content or information that violates the law, they may report it according to the Article titled “Article 10: How to Contact Us”. Neatnik LLC may at its sole discretion remove any content (or information) or remove a Member.

Part f. You agree that your account information will be truthful.

Part g. Neatnik LLC may be required by law to remove certain information or content in certain countries. If you have identified any such information to be removed, please contact us according to the Article titled “Article 10: How to Contact Us”.

Part a. We may change, suspend, or discontinue any of our Services.

Part b. We may also modify our prices effective prospectively upon reasonable notice to the extent allowed under the law.

Part c. We don’t promise to store or keep showing any information and content that you’ve posted. Neatnik LLC is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

Part d. We make no representation, warranty or condition regarding the availability or operability of the Services at any time.

Part a. By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive, or otherwise harmful.

Part b. Neatnik LLC generally does not review content provided by our Members or others. You agree that we are not responsible for others’ (including other Members’) content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse.

Part a. Neatnik LLC reserves the right to limit your use of the Services.

Part b. Neatnik LLC reserves the right to restrict, suspend, or terminate your account if you breach this Contract or the law or are misusing the Services (e.g., violating any of the Article 8: Neatnik LLC “Do’s and Don’ts” List or the Acceptable Use Policy).

Part a. Neatnik LLC reserves all its intellectual property rights in the Services. Neatnik LLC, logos, and other Neatnik LLC trademarks, service marks, graphics and logos used for our Services are trademarks or registered trademarks of Neatnik LLC.

Part b. Trademarks and logos used in connection with the Services are the trademarks of their respective owners.

Part a. Neatnik LLC AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.

Part b. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, Neatnik LLC AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Part a. TO THE FULLEST EXTENT PERMITTED BY LAW (AND UNLESS Neatnik LLC HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), Neatnik LLC, INCLUDING ITS AFFILIATES, WILL NOT BE LIABLE IN CONNECTION WITH THIS CONTRACT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.

Part b. Neatnik LLC AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS CONTRACT FOR ANY AMOUNT THAT EXCEEDS THE TOTAL FEES PAID OR PAYABLE BY YOU TO Neatnik LLC FOR THE SERVICES DURING THE TERM OF THIS CONTRACT, IF ANY.

Part a. The limitations of liability in this Article, titled “Article 4: Disclaimer and Limit of Liability” are part of the basis of the bargain between you and Neatnik LLC and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract, and law) even if Neatnik LLC or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.

Part b. These limitations of liability do not apply to liability for death or personal injury or for fraud, gross negligence or intentional misconduct, or in cases of negligence where a material obligation has been breached, a material obligation being such which forms a prerequisite to our delivery of services and on which you may reasonably rely, but only to the extent that the damages were directly caused by the breach and were foreseeable upon conclusion of this Contract and to the extent that they are typical in the context of this Contract.

Part a. Our rights to use and disclose your feedback.

Part b. The Articles of this Contract titled:

1. ”Article 4: Disclaimer and Limit of Liability”,
2. ”Article 6: Governing Law, Venue, and Dispute Resolution”,
3. ”Article 7: General Terms”, and
4. ”you agree that you will not, in any combination and without limitation:”.

Part c. Any amounts owed by either party prior to termination remain owed after termination.

Part a. Neither party may unreasonably withhold consent to the selection of a mediator, and Neatnik LLC and you will share the costs of the mediation equally.

Part b. If the parties cannot agree to a choice of mediator, each party shall choose a non-conflicted neutral mediator and Neatnik LLC shall flip a coin to decide which mediator shall be chosen. The other party may demand video proof of the flipping of the coin.

Part c. Venue for mediation shall be in a location within the United States that is mutually convenient and acceptable to the parties. If a venue for mediation cannot be mutually agreed upon then such mediation may be done conducted partially or wholly by teleconference or videoconference and the parties agree that nothing in this agreement requires any of the mediator, the parties or their lawyers to be physically present in the same room at the same time.

Part d. By mutual agreement, however, the parties may postpone mediation until they have each completed some specified but limited discovery about the dispute.

Part e. The parties may also agree to replace or supplement mediation with some other form of alternative dispute resolution (“ADR”), such as neutral fact-finding or arbitration.

Part f. Any dispute which the parties cannot resolve through negotiation, mediation, or other form of ADR within four (4) months of the date of the initial demand for it may then be submitted to a trier of fact identified in Section 6.5 for resolution.

Part g. The use of any ADR procedures will not be construed under the doctrines of latches, waiver, or estoppel to affect adversely the rights of either party. Nothing in this Article titled “Article 6: Governing Law, Venue, and Dispute Resolution” will prevent either party from resorting to judicial proceedings if (a) good faith efforts to resolve the dispute under these procedures have been unsuccessful or (b) interim relief from a court is necessary to prevent serious and irreparable injury to one party or to others.

Part a. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements.

Part b. Provide accurate information to us and keep it updated.

Part c. Use your real name on your account information.

Part d. Use the Services in a professional manner.

Neatnik LLC
c/o Legalinc Corporate Services Inc.
4965 US Hwy 42
Suite 1000
Louisville, KY 40222

Part a. Most of our Services collect first name, last name, and e-mail address.

Part b. We, and/or our contractors, collect and store any information you choose to put in an e-mail or contact form you send us.

Part c. Our Services do not collect payment information, for which you will be directed to a payment contractor.

Part a. We, and/or our contractors, also collect data on how our Services are used for example: number of page visits and duration, type of browser. This “usage data” includes what some jurisdictions consider personal information, like visitors’ devices’ Internet Protocol (“IP”) addresses (which may allow a person to infer general location).

Part b. Some of this usage data may come through “cookies” or other technologies. A cookie is a string of data our system sends your device and then uses to identify that device when used to return to our Services. If you do not wish to have Cookies collect such usage data, you can set up most browsers to refuse all cookies. If you wish to see what Cookies are being used you may setup your browser to notify you of any cookies you receive. The cookies that we know are used in our services are found in our Cookie List.

Part c. The cookies that we knowingly use are listed on our Cookies List, however we try to minimize any use of cookies in our Services, so that only strictly necessary cookies are on the Cookies List. Please notify us if any cookies are being used that are either not on the Cookie List or should not be on the Cookie List so we can actively pursue our goal of minimizing such cookie use.

Part d. At times if you don’t accept certain cookies, you might impact your use of our Services.

Part a. Our Services is not meant to collect information from anyone under the Minimum Age.

Part b. If you know of children’s information collected through our Services, please contact us pursuant to the article of the Terms of Service titled “Article 10: How to Contact Us”.

Part a. Stripe, Inc. found at https://stripe.com, (“Stripe”) whose privacy policies may be found at https://stripe.com/privacy. Stripe helps us with payment processing.

Part a. We do not directly store the personal information, which includes data from Cookies (if any) on the Cookies List, and other mechanisms at our site (with exceptions described below).

Part b. The data we don’t store ourselves is collected and stored by our contractors, under their policies and procedures. See above for information on those contractors and their policies.

Part c. We store information you send us via e-mail and through contact forms (such as your contact information) and information gained through your use of our Services, such as in our server logs. We keep that information on password-protected computers and share it only with contractors who have agreed to use it only as we instruct.

Part d. We do not guarantee the security of personal information or other data, including during transmission and storage.

Part e. Use of the Services is at your own risk.

Part a. We process (use) the personal information you give us by e-mailing us or in contact forms (e-mail address, other information you choose to provide) because, by contacting us and providing that information, you have authorized us to use it.

Part b. We (and/or our contractors) process usage data, like number of page visits and IP addresses. That data is used for to, for example, understand usage of and manage our Services (which is within our legitimate interest), and otherwise as described in and pursuant to your consent to this Policy.

Part c. We also process personal information wherever we have a legal obligation, for instance, if it is subpoenaed.

Part a. Entities which the CCPA defines as a “business” (which Neatnik LLC is not) have special obligations to Californians including, for example, to respond to requests “to know,” for copies of “personal information” (as defined by the CCPA), and to delete it; to provide specific collection notices; if personal information is “sold,” to post a “do not sell” link and implement requests to opt-out of sale.

Part b. Neatnik LLC is not a “business” required to do so by the CCPA.

Part a. Individuals in certain jurisdictions outside the United States (for example “data subjects” in the EEA) have rights as to certain entities processing their “personal data” (for example, as defined by the European Union’s General Data Protection Regulation (“GDPR”) including, for example, to access, update, or delete it; to have it altered if inaccurate or incomplete; to object to processing or request a company restrict how it is processed; to withdraw consent to processing; to receive a copy, in a structured, machine-readable, and commonly used format; to complain to a data protection authority (a government agency) about management of personal data.

Part b. Neatnik LLC does not believe its processing of limited personal data of those outside the United States (if any) brings it within the jurisdiction of these laws.

Part a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Part b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

Part c. 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 us to locate the material.

Part d. Information reasonably sufficient to permit us 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.

Part e. 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.

Part f. 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.

Part a. A physical or electronic signature of the subscriber.

Part b. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

Part c. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

Part d. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which such address is located, or if the subscriber’s address is outside of the United States, the United States District Court for the Western District of Kentucky, and that the subscriber will accept service of process from the person who provided notification of copyright infringement or an agent of such person.

Neatnik LLC
c/o Legalinc Corporate Services Inc.
4965 US Hwy 42
Suite 1000
Louisville, KY 40222
copyright@neatnik.net

Part a. Use or attempt to use another’s account.

Part b. Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services.

Part c. Override any security feature or bypass or circumvent any access controls or use limits of the Service.

Part d. Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of Neatnik LLC.

Part e. Disclose information that you do not have the consent to disclose (such as confidential information of others).

Part f. Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights.

Part g. Violate the intellectual property or other rights of Neatnik LLC, including, without limitation, in any combination:

1. copying or distributing our videos or other materials;
2. copying or distributing our technology, unless it is released under open source licenses;
3. using the word Neatnik, the name Neatnik LLC, or our logos in any business name, email, or URL except by our consent.

Part h. Post anything that contains software viruses, worms, or any other harmful code.

Part i. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source.

Part j. Imply or state that you are affiliated with or endorsed by Neatnik LLC without our express consent.

Part k. Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without Neatnik LLC’s consent.

Part l. Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages.

Part m. Monitor the Services’ availability, performance or functionality for any competitive purpose.

Part n. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services.

Part o. Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an information included on the Services).

Part p. Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms).

Part q. Violate the policies or any additional terms concerning a specific Service that are provided when you sign up for or start using such Service, where applicable.

Part a. Abusive Behavior. Do not harass, threaten, or defame any person or entity. Do not contact any person who has requested no further contact. Do not use ethnic or religious slurs against any person or group.

Part b. Privacy. Do not violate the privacy rights of any person. Do not cooperate in or facilitate identity theft. Do not collect or disclose any Personal Information without the subject’s prior consent.

1. “Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with an individual person or household.
2. Personal Information includes (without limitation) all of the following: Social Security numbers, other personal tax ID numbers, military identification numbers, student identification numbers, passport numbers, driver’s license numbers, other government identification numbers, financial account data, payment card numbers, biometric information, health or medical information, insurance information, usernames, Internet protocol addresses, passwords, access codes, and security questions, as well as any information that if compromised could permit a person to assume the identity of another person.

Part c. Intellectual Property. Do not infringe upon the copyrights, trademarks, trade secrets, or other intellectual property rights of any person or entity. Do not reproduce, publish, or disseminate software, audio recordings, video recordings, photographs, articles, or other works of authorship without the written permission of the copyright holder.

Part d. Hacking, Viruses, & Network Attacks. Do not access any computer or communications system without authorization, including the computers used to provide the Service. Do not attempt to penetrate or disable any security system. Do not intentionally distribute a computer virus, launch a denial of service attack, or in any other way attempt to interfere with the functioning of any computer, communications system, or website. Do not attempt to access or otherwise interfere with the accounts of other users of the Service.

Part e. Spam. Do not send bulk unsolicited e-mails (“Spam”) or sell or market any product or service advertised by or connected with Spam. Do not facilitate or cooperate in the dissemination of Spam in any way. Do not violate the CAN-SPAM Act of 2003.

Part f. Fraud: Do not issue fraudulent offers to sell or buy products, services, or investments. Do not mislead anyone about the details or nature of a commercial transaction. Do not commit fraud in any other way.

Part g. Violations of Law. Do not violate any applicable law or regulation.

Part a. Provide the date and time (with time zone) of the violation and any identifying information regarding the violator, including e-mail or IP (Internet Protocol) address if available, and

Part b. details of the violation.