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A. Definitions
Short version: We use these basic terms throughout the agreement, and they have specific meanings.
The “Agreement” refers, collectively, to all the terms, conditions, and notices contained or referenced in this document (the “Terms of Service” or the “Terms”) and all other operating rules, policies, and procedures that we may publish from time to time on the Website.
The “Service” refers to the applications, software, products, and services provided by Chartipedia Limited.
The “Website” refers to Chartipedia’s website located at chartipedia.com, and all content, services, and products provided by Chartipedia at or through the Website. It also refers to Chartipedia-owned subdomains of chartiepdia.com.
“The User,” “The Customer,” “You,” and “Your” refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the account; or that directs the use of the account in the performance of its functions. Individual users must be at least 13 years of age.
“Chartipedia,” “We,” and “Us” refer to Chartipedia Limited, as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
An “Account” represents your legal relationship with Chartipedia. A “User Account” represents an individual User’s authorization to log in to and use the Service and serves as a User’s identity on Chartipedia.
“Content” refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, videos, data visualization, codes, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service.
“Content” also includes Services. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. “Your Content” is Content that you create or own.
B. Account Terms
Short version: A human must create your account. You must be at least 13 years old. You must provide a valid external identity. You may not have more than one free account. You alone are responsible for your account and anything that happens while you are signed in to or using your account. You are responsible for keeping your account secure.
1. Account Controls
Users. All Users retain ultimate administrative control over their User Accounts and the Content within them.
2. Required Information
You must log in with a valid email address — or a supported identity provider linked to a valid email address — in order to complete the signup process.
If you are entering into this Agreement on behalf of an entity, you represent that you are authorized to enter into the Agreement and bind the entity to these Terms.
3. Account Requirements
We have a few simple rules for accounts on Chartipedia.
You must be a human to create an account. Accounts registered by “bots” or other automated methods are not permitted.
One person or legal entity may maintain no more than one free account.
You may not create an Account for the use of anyone under the age of 13.
Chartipedia does not target our Service to children under 13, and we do not permit any Users under 13 on our Service. If we learn of any User under the age of 13, we will terminate that User’s account immediately. If you are a resident of a country outside the United States, your country’s minimum age may be older. In such a case, you are responsible for complying with your country’s laws.
Your login may only be used by one person — i.e., a single login may not be shared by multiple people.
4. User Account Security
You are responsible for keeping your account secure while you use our Service.
You are responsible for all content posted and activity that occurs under your account (even if the content is created by others).
You are responsible for maintaining the security of your account. Chartipedia cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You will promptly notify Chartipedia if you become aware of any unauthorized use of, or access to, our Service through your Account, by sending an email to info@chartipedia.com.
C. Acceptable Use
Short version: While using the service, you must follow this Acceptable Use Policy, which includes some restrictions on content you can post, conduct on the service, and other limitations. In short, be courteous to each other, and don’t spam.
1. Compliance with Laws and Regulations
Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.
2. Content Restrictions
You agree that you will not under any circumstances upload, post, host, or transmit any content that:
is unlawful or promotes unlawful activities;
is or contains sexually obscene content;
is libelous, defamatory, or fraudulent;
is discriminatory or abusive toward any individual or group;
contains or installs any active malware or exploits, or uses our platform for exploit delivery (such as part of a command and control system); or
infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.
3. Conduct Restrictions
While using Chartipedia, you agree that you will not under any circumstances:
harass, abuse, threaten, or incite violence towards any individual or group, including Chartipedia employees, officers, and agents, or other Chartipedia Users;
use our servers for any form of excessive automated bulk activity (for example, spamming), or relay any other form of unsolicited advertising or solicitation through our servers, such as get-rich-quick schemes;
attempt to disrupt or tamper with Chartipedia’s servers in ways that could harm our Website or Service, to place undue burden on Chartipedia’s servers through automated means, or to access Chartipedia’s Service in ways that exceed your authorization;
impersonate any person or entity, including any of our employees or representatives, including through false association with Chartipedia, or by fraudulently misrepresenting your identity or site’s purpose; or
violate the privacy of any third party, such as by posting another person’s personal information without consent.
4. Services Usage Limits
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without Chartipedia’s express written permission.
5. Scraping
Scraping refers to extracting data from our Website via an automated process, such as a bot or web crawler. You may scrape the website solely for the following reasons:
Search engines may scrape public pages on the Website for inclusion into search indexes.
Archivists may scrape public pages on the Website for archival purposes.
You may not scrape Chartipedia for spamming purposes, including for the purposes of selling Chartipedia users’ personal information, such as to recruiters, headhunters, and job boards.
All use of Chartipedia data gathered through scraping must comply with the Privacy policy, described in Section D.
6. Data Collection and Privacy
Misuse of Chartipedia Users’ Personal Information is prohibited.
Any person, entity, or service collecting data from Chartipedia must comply with the Privacy policy described in Section D of this Agreement, particularly in regards to the collection of our Users’ Personal Information. If you collect any Chartipedia User’s Personal Information from Chartipedia, you agree that you will only use the Personal Information you gather for the purpose for which our User has authorized it. You agree that you will reasonably secure any Personal Information you have gathered from Chartipedia, and you will respond promptly to complaints, removal requests, and “do not contact” requests from Chartipedia or Chartipedia Users.
7. Excessive Bandwidth Use
If we determine your bandwidth usage to be excessive in relation to other Chartipedia users, we reserve the right to suspend your account until you can reduce your bandwidth consumption.
8. User Protection
You agree not to engage in activity that significantly harms our Users. We will resolve disputes in favor of protecting our Users as a whole.
D. Privacy
Short version: We collect your information only with your consent. We only collect the minimum amount of personal information that is necessary to fulfill the purpose of your interaction with us. We don’t sell your personal information to third parties and we only use it as this Agreement describes.
1. Information Chartipedia Collects
We may collect basic browsing information from all visitors to the Website, including the visitor’s browser type, language preference, referring site, and the date and time of each visitor request. We may also collect potentially personally-identifying information like Internet Protocol (IP) addresses.
If you log in to Chartipedia, we may require additional information: a valid email address, name, avatar image, biographical paragraph, and an account name from a supported identity provider.
“User Personal Information” is any information about one of our users which could, alone or together with other information, personally identify him or her. Information such as a user name, an email address, a real name, and a photograph are examples of “User Personal Information.”
User Personal Information does not include aggregated, non-personally identifying information. We may use aggregated, non-personally identifying information to operate, improve, and optimize our website and service.
2. What Information Chartipedia Does Not Collect
We do not intentionally collect sensitive personal information, such as social security numbers, genetic data, health information, or religious information. Although Chartipedia does not request or intentionally collect any sensitive personal information, we realize that you might store this kind of information in your account. If you store any sensitive personal information on our servers, you are consenting to our storage of that information on our servers, and you are responsible for complying with any regulatory controls regarding that data.
If your post has been published and is now public, anyone (including Chartipedia employees) may view its contents. If you have included private or sensitive information in your post, such as email addresses, that information may be indexed by search engines or used by third parties. In addition, while we do not generally search for content in your post, we may scan our servers for certain tokens or security signatures, or for known active malware.
3. How We Share the Information We Collect
We do share User Personal Information with your permission, so we can perform services you have requested or communicate on your behalf.
We do not share, sell, rent, or trade User Personal Information with third parties for their commercial purposes.
We may host advertising on Chartipedia. We may occasionally embed content from third party sites, such as YouTube, and that content may include ads.
We do not disclose User Personal Information outside Chartipedia, except in the situations listed in this section or when compelled to by law.
We do share certain aggregated, non-personally identifying information with others about how our users, collectively, use Chartipedia. However, we do not sell this information to advertisers or marketers.
We may share User Personal Information with your permission, so we can perform services you have requested.
We may share User Personal Information with a limited number of third-party vendors who process it on our behalf to provide or improve our service, and who have agreed to privacy restrictions similar those in our Terms of Service. Our vendors may perform services such as payment processing, sending email on our behalf, content delivery networking, error log analysis, and other similar services.
We may share User Personal Information if we are involved in a merger, sale, or acquisition. If any such change of ownership happens, we will notify you on our website or by email before any transfer of your User Personal Information.
4. Public Information on Chartipedia
Much of Chartipedia is public-facing. If your content is public-facing, third parties may access and use it in compliance with our Terms of Service. We do not sell that content; it is yours. However, we do allow third parties, such as internet archives, to compile public-facing Chartipedia information.
Your Personal Information, associated with your content, may be gathered by third parties in these compilations of Chartipedia data. If you do not want your Personal Information to appear in third parties’ compilations of Chartipedia data, please do not make your Personal Information publicly available.
5. Cookies
Chartipedia uses cookies (and similar technologies, such as HTML5 localStorage) to keep you logged in, remember your preferences, and provide information for future development of Chartipedia. The cookies Chartipedia sets are essential for the operation of the website or are used for performance or functionality. By using the Website, you agree that we can place these types of cookies on your computer or device. If you disable your browser or device’s ability to accept cookies, you will not be able to log in or use the Service.
Certain pages on our site may set other third party cookies. For example, we may embed content, such as videos, from another site that sets a cookie. Or another user’s post may embed a third party video. While we try to minimize these third party cookies, we can’t always control what cookies this third party content sets.
6. Tracking and analytics
We use a number of third party analytics and service providers to help us evaluate our users’ use of Chartipedia, compile statistical reports on activity, and improve our content and website performance. In addition, we may use third party analytics software to provide features and improve our service and performance.
We do not permit third parties other than our analytics and service providers to track our users’ activity over time on Chartipedia. We do not track your online browsing activity on other online services.
E. User-Generated Content
Short version: You own the content you create, but you allow us certain rights, so that we can display and share the content you post. You still have control over your content, and responsibility for it, and the rights you grant us are limited to those we need to provide the service. We have the right to remove content or close Accounts if we need to.
1. Responsibility for User-Generated Content
You may create or upload User-Generated Content while using the Service. You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that you or Team Users post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of your User-Generated Content.
2. Chartipedia May Remove Content
We have the right (though not the obligation) to refuse or remove any User-Generated Content that, in our sole discretion, violates any Chartipedia terms or policies.
3. Ownership of Content, Right to Post, and License Grants
You retain ownership of and responsibility for Your Content. If you’re posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third party licenses relating to Content you post.
Because you retain ownership of and responsibility for Your Content, we need you to grant us — and other Chartipedia Users — certain legal permissions, listed in Sections E.4. These license grants apply to Your Content. If you upload Content that already comes with a license granting Chartipedia the permissions we need to run our Service, no additional license is required. You understand that you will not receive any payment for any of the rights granted in Sections E.4. The licenses you grant to us will end when you remove Your Content from our servers.
4. License Grant to Us and Other Users
You grant Chartipedia and our users a non-exclusive, royalty-free, transferable, sublicensable, worldwide licence to use, store, display, reproduce, save, modify, create derivative works, perform and distribute your User Content on Chartipedia solely for the purposes of operating, developing, providing and using Chartipedia. Nothing in these Terms restricts other legal rights Chartipedia may have to User Content, for example under other licences.
This license does not grant Chartipedia the right to sell Your Content or otherwise distribute or use it outside of our provision of the Service.
5. Moral Rights
You retain all moral rights to Your Content that you upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted in Section E.4, but not otherwise.
To the extent this agreement is not enforceable by applicable law, you grant Chartipedia the rights we need to use Your Content without attribution and to make reasonable adaptations of Your Content as necessary to render the Website and provide the Service.
F. Copyright Infringement and DMCA Policy
If you are a copyright owner and you believe that content on Chartipedia violates your copyright, please contact us by emailing info@chartipedia.com. There may be legal consequences for sending a false or frivolous takedown notice under the Digital Millennium Copyright Act. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses.
It is the policy of Chartipedia, in appropriate circumstances and in its sole discretion, to disable and/or terminate the accounts of users who repeatedly infringe upon the copyrights or other intellectual property rights of Chartipedia and/or others.
To send a takedown request under the Digital Millennium Copyright Act, you must:
1. Identify the copyrighted work you believe has been infringed.
2. Identify the material on the Website you allege is infringing the copyrighted work. In common cases, this may simply be a URL.
3. Explain what the affected user would need to do in order to remedy the infringement.
4. Provide your contact information, including email address, name, telephone number, and physical address.
5. Provide additional contact information, if you know it, for the alleged infringer.
6. Include the following statement: “I have a good faith belief that use of the copyrighted materials described above on the infringing web pages is not authorized by the copyright owner, or its agent, or the law. I have taken fair use into consideration.”
7. Also include the following statement: “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”
8. Include your physical or electronic signature.
Email your takedown notice, including elements 1 through 8 above, to info@chartipedia.com.
G. Intellectual Property Notice
Short version: We own the service and all of our content. In order for you to use our content, we give you certain rights to it, but you may only use our content in the way we have allowed.
1. Chartipedia’s Rights to Content
Chartipedia and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Website and Service. We reserve all rights that are not expressly granted to you under this Agreement or by law. The look and feel of the Website and Service is copyright © Chartipedia Limited. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Chartipedia.
H. Advertising on Chartipedia
Short version: We do not generally prohibit the use of Chartipedia for advertising. However, we expect our users to follow certain limitations, so that Chartipedia does not become filled with spam.
1. Posts
Posts are intended to host Content. You may include static images, videos, links, data visualization content and promotional text in a post, but they must be related to the primary content of the post you are hosting on Chartipedia.
2. Spamming and Inappropriate Use of Chartipedia
Advertising Content, like all Content, must not violate the law or these Terms of Use, for example through excessive bulk activity such as spamming. We reserve the right to hide or remove any advertisements that, in our sole discretion, violate any Chartipedia terms or policies.
I. Cancellation and Termination
Short version: You may close your account at any time. If you do, we’ll treat your information responsibly.
1. Account Cancellation or Deletion
It is your responsibility to properly cancel your account with Chartipedia. You may request cancellation or deletion of your User Account by emailing info@chartipedia.com from the email address associated with your account.
Cancelled User accounts may be reactivated at any time, subject to Chartipedia’s decision.
2. Upon Deletion
We may retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Your posts may continue to be visible and searchable on Chartipedia, unless you remove the posts prior to cancelling your account.
3. Chartipedia May Terminate
Chartipedia has the right to suspend or terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. Chartipedia reserves the right to refuse service to anyone for any reason at any time.
4. Survival
All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
J. Communications with Chartipedia
Short version: We use email and other electronic means to stay in touch with our users.
1. Electronic Communication Required
For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted or via the Service; and (2) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.
2. Legal Notice to Chartipedia Must Be in Writing
Communications made through email or any electronic messaging system will not constitute legal notice to Chartipedia or any of its officers, employees, agents or representatives in any situation where notice to Chartipedia is required by contract or any law or regulation. Legal notice to Chartipedia must be in writing and served on Chartipedia’s legal agent.
3. No Phone Support
Chartipedia only offers support via email, in-Service communications, and electronic messages. We do not offer telephone support.
K. Disclaimer of Warranties
Short version: We provide our service as is, and we make no promises or guarantees about this service.
Chartipedia provides the Website and the Service “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy, and non-infringement.
Chartipedia does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.
L. Limitation of Liability
You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from:
the use, disclosure, or display of your User-Generated Content;
your use or inability to use the Service;
any modification, price change, suspension or discontinuance of the Service;
the Service generally or the software or systems that make the Service available;
unauthorized access to or alterations of your transmissions or data;
statements or conduct of any third party on the Service;
any other user interactions that you input or receive through your use of the Service; or
any other matter relating to the Service.
Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.
M. Release and Indemnification
Short version: You are responsible for your use of the service. If you harm someone else or get into a dispute with someone else, we will not be involved.
If you have a dispute with one or more Users, you agree to release Chartipedia from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement. Chartipedia will (1) promptly give you written notice of the claim, demand, suit or proceeding; (2) give you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Chartipedia of all liability); and (3) provide to you all reasonable assistance, at your expense.
N. Changes to These Terms
Short version: As Chartipedia grows and continues to add features, we may update these Terms of Service. When a material change is made, we’ll post notice of the update on the Website.
We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Website constitutes agreement to our revisions of these Terms of Service.
When a material change to the Terms of Service is made, we will post a notice of the update on the Website.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.
O. Miscellaneous
1. Governing Law
Except to the extent applicable law provides otherwise, this Agreement between you and Chartipedia and any access to or use of the Website or the Service are governed by the laws of Hong Kong, without regard to conflict of law provisions. You and Chartipedia agree to submit to the exclusive jurisdiction and venue of the courts located in Hong Kong SAR.
2. Non-Assignability
Chartipedia may assign or delegate these Terms of Service, in whole or in part, to any person or entity at any time with or without your consent, including the license grant in Section E.4. You may not assign or delegate any rights or obligations under the Terms of Service without our prior written consent, and any unauthorized assignment and delegation by you is void.
3. Section Headings and Summaries
Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.
4. Severability, No Waiver, and Survival
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of Chartipedia to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
5. Amendments; Complete Agreement
This Agreement may only be modified by a written amendment signed by an authorized representative of Chartipedia, or by the posting by Chartipedia of a revised version in accordance with Section N. Changes to These Terms. These Terms of Service represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and Chartipedia relating to the subject matter of these terms including any confidentiality or nondisclosure agreements.
6. Publicity
If you publicly display the name of your company or organization on your Account or otherwise publicly display its trademarks or logos on your User profile page, you allow us to use your company’s or organization’s name to identify you as an Chartipedia customer in our promotional materials. You may revoke this permission by removing your company or organization name from public display and notifying us at info@chartipedia.com to stop using your organization’s name in our promotional materials. However, Chartipedia will have no obligation to remove or recall any prior use or distribution of the promotional materials.
7. Questions
Questions about the Terms of Service? Contact us at info@chartipedia.com.
8. Thanks
These Terms of Service were adapted from GitHub’s Terms of Service, Privacy Statement and DMCA Takedown Policy under the Creative Commons Zero license. Thanks, GitHub!
