Date Last Revised: September 2009
Accepting the Terms
By using the information, features and functions found at Graffito.org (together the “Service”), you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Graffito Data Project website or blog) or you are a “Member” (which means that you have registered with the Graffito Data Project). The term “you” or “User” refers to a Visitor or a Member.
You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with the Graffito Data Project.
If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.
Privacy and your Personal Information
For information about the Graffito Data Project's approach to privacy, please read the Privacy Policy, which is hereby incorporated into this Agreement. This policy explains how the Graffito Data Project treats your personal information. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.
Description of the Service
The Service is a personal data aggregator that allows Members to translate their credit and debit card statements into meaningful data that can be used to create visualizations and share stories.
The Service is provided to you by the Graffito Data Project free of charge and is not intended to provide any legal, tax or financial advice.
Your Use of the Service
Your right to access and use Graffito.org and the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use Graffito.org for lawful purposes.
Your access and use of Graffito.org may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of Graffito.org or other actions that the Graffito Data Project, in its sole discretion, may elect to take.
Access and Interference
You agree that you will not:
- Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor Graffito.org or any portion of Graffito.org;
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search Graffito.org, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer);
- Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of Graffito.org or the Service; or
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of Graffito.org or the Service.
No Endorsement by the Graffito Data Project
We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any vendors, websites, companies or services ("Merchants") contained on, distributed through, or linked, downloaded or accessed from the Graffito Data Project Web sites.
References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Graffito Data Project sites.
Limitation of Liability
IN NO EVENT SHALL THE GRAFFITO DATA PROJECT BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER'S USE, MISUSE OR RELIANCE ON THE SITE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF THE GRAFFITO DATA PROJECT IS AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE SITE, THE MATERIALS OR THE INTERNET GENERALLY, OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY SITE. THE GRAFFITO DATA PROJECT DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE SITE OR OTHER MATERIAL ACCESSIBLE FROM THE SITE.
THE USER OF THIS SITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY.
THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Indemnification
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms, your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms.
Ending your relationship with the Graffito Data Project
This Agreement will continue to apply until terminated by either you or the Graffito Data Project as set out below. If you want to terminate your legal agreement with the Graffito Data Project, you may do so by closing your account for the Service.
Please use the directions below to cancel your account:
- Login to your Graffito Data Project account.
- Go to “Profile”.
- Locate the “Delete Account”.
Your account will be closed and your ability to log in deactivated immediately. Your account data will be removed within 24 hours from our servers.
The Graffito Data Project may at any time, terminate its legal agreement with you:
- if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
- if the Graffito Data Project in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
- immediately upon notice, to the e-mail address provided by you as part of your Registration Information.
Governing Law and Forum for Disputes
These Terms will be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflict of laws provisions or your actual state or country of residence, and you agree to submit to personal jurisdiction in New York County, New York. You agree to exclude, in its entirety, the application to these Terms of the United Nations Convention on Contracts for the International Sale of Goods. You are responsible for compliance with applicable laws.
If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.
You also acknowledge and understand that, with respect to any dispute with the Graffito Data Project, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.