Terms of Service
We want you to know your rights and our rights and so we have prepared this agreement ("user agreement" or "agreement") between Onward Ventures LLC (“Harvey,” “Lifted,” “Clubhouse,” “we” or “us”) and you. This agreement sets the terms of your use of the Harvey website and services ("Harvey") that include Harvey communities, messaging, Harvey mobile, and Harvey.works. This agreement is meant to encourage a fair and tolerant place for ideas, people, and discussion.
Your access to Harvey. Without advance notice and at any time, we may, for violations of this agreement or for any other reason we choose: (1) suspend your access to Harvey, (2) suspend or terminate Your Account or Harvey gold membership, and/or (3) remove any of your User Content from Harvey.
We reserve the right to monitor Harvey, and your use of the Service means you agree to such monitoring. At the same time, we do not guarantee we will monitor at all.
Harvey is for your personal, lawful use. You may not use Harvey to break the law, violate an individual's privacy, or infringe any person or entity’s intellectual property or any other proprietary rights.
Your Harvey account
To participate on Harvey, you must create an account that includes your name and password ("Your Account") and, if you want to be able to reset your password or have us contact you, an email address as well. Of course, you can also browse Harvey without logging in.
You are solely responsible for the information associated with Your Account and anything that happens related to Your Account.
You may not license, transfer, sell, or assign Your Account without our written approval.
You may also submit your debit or credit card information ("Payment Information") via the website as part of Harvey gold or to purchase other products or services via Harvey. Harvey uses third party service providers to process your payment information. If you submit your Payment Information, you agree to pay all costs that you incur, and you give us permission to charge you when payment is due for an amount that includes any applicable taxes, fees, and charges to Harvey or one of our service providers.
Harvey contains graphics, text, photographs, images, video, audio, software, code, website compilation, website "look and feel," and advertisements supplied by us or our licensors, which we call "Harvey content." Harvey content is protected by intellectual property laws including copyright and other proprietary rights of the United States and foreign countries.
We grant you the right to access the Harvey content in the manner described in this agreement. You may not otherwise make unauthorized commercial use of, reproduce, prepare derivative works, distribute copies, perform, or publicly display Harvey content, except as permitted by the doctrine of fair use or as authorized in writing by us. If you are interested in licensing Harvey content, contact us at firstname.lastname@example.org.
You retain the rights to your copyrighted content or information that you submit to Harvey ("user content") except as described below.
By submitting user content to Harvey, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to reproduce, prepare derivative works, distribute copies, perform, or publicly display your user content in any medium and for any purpose, including commercial purposes, and to authorize others to do so.
You agree that you have the right to submit anything you post, and that your user content does not violate the copyright, trademark, trade secret or any other personal or proprietary right of any other party.
We don’t endorse user content. We take no responsibility for, we do not expressly or implicitly endorse, and we do not assume any liability for any user content submitted by you to Harvey.
Your participation on Harvey
These guidelines are intended to keep people safe, protect kids, keep Harvey running, and to encourage personal responsibility for what you do on Harvey. You must:
- Keep Everyone Safe: You agree to not intentionally jeopardize the health and safety of others or yourself.
- Keep Personal Information Off Harvey: You agree to not post anyone's sensitive personal information that relates to that person's real world or online identity.
- Do Not Incite Harm: You agree not to encourage harm against people.
- Protect Kids: You agree not to post any child pornography or sexually suggestive content involving minors.
- Take Personal Responsibility: As you use Harvey, please remember that your speech may have consequences and could lead to criminal and civil liability.
Etiquette & Harvey rules
- You agree to review and make your best efforts to abide by etiquette, which is an informal expression of the values of many Harvey members.
- Harveys communities may create their own rules and enforce them as they see fit, providing they do not violate the terms of this agreement.
- You agree that Harvey is not responsible for the actions taken or not taken by admins.
Administering a Harvey communitiy is an official position. We reserve the right to revoke that position for any user at any time. If you choose to admin a Harvey communitiy, you agree to the following:
- You may not enter into any form of agreement on behalf of Harvey, or the Harvey communitiy which you admin, without our written approval.
- When you receive notice that there is content that violates this user agreement on Harvey communitiys you admin, you agree to remove it. don’t spam the Harvey community
- You may not post any graphics, text, photographs, images, video, audio or other material that we deem to be junk or spam. Cluttering Harvey with this sort of content reduces the quality of the Harvey experience for others. For guidance, see our rules about spam and self-promotion.
- You may not purposefully negate any user's actions to delete or edit their content on Harvey. This is intended to respect the privacy of Harvey users who delete or edit their content, and is not intended to abridge the fair use or the expressive rights shared by us all.
Don’t mess with Harvey
- You agree not to interrupt the serving of Harvey, introduce malicious code onto Harvey, make it difficult for anyone else to use Harvey due to your actions, attempt to manipulate votes or Harvey’s systems, or assist anyone in misusing Harvey in any way. It takes a lot of work to maintain Harvey. Be cool.
- We support the responsible reporting of security vulnerabilities. To report a Harvey security issue, please send an email to email@example.com.
- Use of the Harvey API is governed by the API access rules, available here.
- Harvey does not select and takes no responsibility for any content available on harvey.works.
- We encourage the creation of other ways to access Harvey, including browser extensions and mobile and desktop applications. We take no responsibility for, we do not expressly or implicitly endorse, and we do not assume any liability for any mobile or desktop application not produced by us.
- If you produce or maintain a browser extension or application, you agree not to purposefully negate any user's actions to delete or edit their content on Harvey.
A few more legalities
Please read the following very carefully. Each of the following sections applies to the maximum extent permitted by law. Where jurisdictions do not allow disclaimers of implied warranties or the limitation of liability in contracts, the contents of this section may not apply.
Indemnity All the things you do and all the information you submit or post to Harvey remain your responsibility. Indemnity is basically a way of saying that you will not hold us legally liable for any of your user content or actions that infringe the law or the rights of a third party or person in any way.
Specifically, you agree to hold Harvey, its affiliates, officers, directors, employees, agents, and third party service providers harmless from and defend them against any claims, costs, damages, losses, expenses, and any other liabilities, including attorneys’ fees and costs, arising out of or related to your access to or use of Harvey, your violation of this user agreement, and/or your violation of the rights of any third party or person.
disclaimer of warranties
Harvey is provided "as is" and without warranty of any kind. To the maximum extent permitted by law, we and our affiliates and third party service providers disclaim any and all warranties, express or implied, including (but not limited to) implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, or any other warranty, condition, guarantee or representation, whether oral or electronic. You are solely responsible for any damage to your computer or mobile device, loss of use, or loss of your user content. We do not guarantee that Harvey will always work properly.
Limitation of Liability
We will not be liable for any special, consequential, indirect, incidental, punitive, reliance, or exemplary damages, whether in tort, contract, or any other legal theory, arising out of or in any way connected with this agreement or your use of or attempt to use Harvey, including (but not limited to) damages for loss of profits, goodwill, use, or data. This limitation on liability shall not be affected even if we have been advised of the possibility of such damages. Some states do not allow for the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you. You may have other rights that vary from state to state.
You agree to release us, our affiliates, and third-party service providers, and each associated director, employee, agents, and officers, from claims, demands and damages (actual and consequential), of every kind and nature, known and unknown, disclosed or undisclosed, arising out of or in any way connected to your use of Harvey.
We want you to enjoy Harvey, so if you have an issue or dispute, you agree to raise it and try to resolve it with us informally. You can contact us with feedback and concerns here or by emailing us at firstname.lastname@example.org.
The headings in this agreement are for convenience and do not control any of its provisions.
Any claim or dispute between you and us arising out of or relating to this user agreement, in whole or in part, shall be governed by the laws of the State of California without respect to its conflict of laws provisions. We agree and you agree to submit to the personal jurisdiction and venue of the state and federal court located in San Francisco County, California.
Severability and enforcement
If any provision of this user agreement is held invalid or unenforceable, that provision will be modified to the extent necessary to render it enforceable without losing its intent. If no such modification is possible, that provision will be severed from the rest of this agreement.
If we do not enforce any right or provision in this user agreement, that is not to be deemed a waiver of our right to do so in the future.
Changes to this user agreement
This user agreement is the entire agreement between you and us concerning Harvey. It supersedes all prior or contemporaneous agreements between you and us. We may modify this user agreement at any time. If we make changes to this agreement that materially affect your rights, we will provide advance notice and keep this edition available as an archive on the Harvey website. By continuing to use Harvey after a change to this agreement, you agree to those changes.
This user agreement is effective as of September 10, 2014.