Below this section are Expereal's full Terms & Conditions, which we strongly suggest that every potential user read and understand, as they delineate both Expereal and users' specific and respective rights.
Nevertheless, in addition to the Terms & Conditions, there are five important points that we feel it is important to highlight in an effort to be fully transparent, open and honest with prospective users. If you don't agree with them and the Terms & Conditions, PLEASE DO NOT USE EXPEREAL.
1. EXPEREAL HAS A SIGNIFICANT SOCIAL MEDIA COMPONENT.
All collected user data via Capture are and will be used in the anonymous aggregates for "Friends" and "All", and there are no exceptions. Users are allowed, but NOT required to publish individual Expereal Ratings and tags to their personal social media feeds (Facebook, etc.), which allow attribution of ratings to individuals, and visibility to the public at large (even potentially beyond direct friends and connections). The aggregate data shown in the app do not allow such individual attribution, maintaining a degree of anonymity. If you take issue with this element of Expereal, you are well within your rights, but please DO NOT USE THE APP.
2. YOU CAN DELETE YOUR EXPEREAL ACCOUNT, BUT YOUR DATA WILL REMAIN IN THE ANONYMOUS AGGREGATES.
The Expereal database functions as a rolling poll. Consequently, we keep anonymous aggregate data - including Expereal Ratings, tags and locations (if allowed to geo-locate) - EVEN AFTER USERS DELETE THEIR ACCOUNT. There's a simple analog: if one has taken a survey, and the data have been compiled and published, it is nearly impossible and impractical for survey respondents' responses to be stricken from the record. Again, we recognize that certain users want to be able to have their data (and themselves) "vanish without a trace," but if you take issue with this element of Expereal, please DO NOT USE THE APP OR PLATFORM.
3. EXPEREAL AIMS TO OFFER PERSONAL ANALYTICS, BUT DOES NOT PURPORT TO OFFER ADVICE OR PROFESSIONAL COUNSEL OR INSIGHTS - PSYCHOLOGICAL, SOCIAL, POLITICAL OR OTHER.
Expereal offers a number of means to track, visualize, share and compare how you feel about your life with others, but does not purport to offer any insight or artificial intelligence about how entered data - or the aggregates of friends, connections and others using the app - should be interpreted or leveraged by users to understand or improve their lives. Of particular concern is use of the app or service by those who are undergoing, require or are seeking psychiatric or psychological treatment. Though this app might be useful, IT IS NOT OFFERED AS A SOLUTION OR TREATMENT FOR ANY PSYCHOLOGICAL OR SOCIAL PROBLEMS. If you have any of these issues, please do not use Expereal as a treatment and instead consult a trusted, respected professional. Please!
4. EXPEREAL SHOULD NOT BE USED AS THE ONLY MEANS OF CAPTURING PHOTOGRAPHS OF YOUR LIFE.
The photo component of Expereal is limited. It does not allow downloads or prints, and may never do so. Consequently, please use an alternate method of photo capture for any and every significant event in your life. We cannot be held responsible for such digital photos and memories.
5. IF YOU DELETE YOUR FACEBOOK ACCOUNT AFTER LOGGING IN TO, AND USING, EXPEREAL, YOU WILL BE UNABLE TO ACCESS EXPEREAL, AND IT WILL NOT BE POSSIBLE TO ACCESS PAST CAPTURED DATA.
Currently, Expereal only uses Facebook login. It is possible that we will offer other means of authentication in the future. Consequently, deleting one's Facebook account will make it impossible to login and use Expereal for the time being.
Expereal Terms & Conditions
Expereal is a project of Perspectival Inc. These Terms & Conditions govern your access to and use of Expereal's mobile app and website (the "Site"), any information, text, graphics, or other materials created and/or provided by Perspectival d/b/a Expereal and appearing on the Site (the "Content"), Data (as defined below), the Expereal Mobile Applications, and any other services and/or software provided through the Site or by Expereal (the "Services"). These Terms & Conditions limit Expereal's liability and obligations to you, grant Expereal certain rights and allow Expereal to change, suspend or terminate your access to and use of the Site, Content, Data and Services. Your access to and use of the Site, Content, Data and/or Services require your complying with these Terms. By accessing or using the app(s) [phone or tablet], Site, Content, Data and/or Services, you agree to be bound by these Terms & Conditions.
YOU UNDERSTAND THAT BY CLICKING THE "I AGREE" BUTTON, BY USING THE SITE, CONTENT, DATA AND/OR SERVICES OR YOUR ACCOUNT, YOU ARE AGREEING TO BE BOUND BY THESE TERMS & CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS & CONDITIONS IN THEIR ENTIRETY, DO NOT ACCESS OR USE THE APP, SITE, CONTENT, DATA OR SERVICES.
Expereal is intended for your personal, non-commercial use.
"Your Data" or "User Data" (collectively, the "Data") as used in this Agreement encompasses and means the information that you or other users upload, download and access through the Site and Services. You own your Data and are solely responsible for your conduct and the content of Your Data.
For content that is covered by intellectual property rights which you control, like photos and videos (IP content), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Expereal (IP License) in digital and non-digital forms.
Expereal maintains the right to use your Data, NOT ascribed to you as an individual, for commercial purposes, including publicly available and potentially commercially sold data visualizations, data matrices, data indices, which can be aggregated in and organized in numerous ways, including, but not limited to: by age, by location (zip code, borough, city, county, state, region, country, continent, hemisphere, world and universe), by experience rating, by tags (associated with any other the mentioned criteria), by number of social media connections and potentially additional criteria. For clarity, Expereal will take necessary precautions to ensure that potential business partners of Expereal and/or Perspectival will not be able to ascribe your data to you as a named individual [e.g., “John Doe”, being a real person, has an average Expereal Rating of 3 over the past three months.]
Additionally, your data can and will become part of anonymous aggregates, such that you will be able to compare your Expereal ratings over time with your social media (ex. Facebook and other) friends and connections via anonymous aggregates (i.e., not attributable to individual friends through said aggregates) as well as other anonymous aggregates (including, but not limited to, city, county, state, country, geographical region and the world). As one example, you will be able to compare your Expereal ratings over the past 24 hours with your Facebook friends who are actively using Expereal over the same period of time. IF YOU DO NOT AGREE WITH AND ACCEPT THIS CLAUSE FOR ANY REASON WHATSOEVER, PLEASE DO NOT USE EXPEREAL.
Expereal may allow you to share some or all of Your Data as an individual via social media (Facebook, LinkedIn, Twitter, Path, etc.). You will never be required to share Your Data as a named individual to your social media profiles, but if you choose to do so, you may be able to share all or some of Your Data through these (and potentially other) select social media platforms including, but not limited to Facebook, MySpace, Twitter, Google+, Foursquare, LinkedIn and Path. If you decide to share Your Data through these social media platforms (or via other means), you may be giving certain legal rights, as explained below, to those individuals or organizations who you have given access to Your Data. When you publish such Expereal content, you allow anyone on that social platform (e.g., Facebook or others) and across the Internet to access and use that information, and potentially associate it with your profile, including your name and picture.
Expereal does not claim to own Your Data. You acknowledge that Expereal does not have any obligation to monitor your Data that are uploaded, posted, submitted, linked to or otherwise transmitted using the Site or Services, for any purpose and, as a result, is not responsible for the accuracy, completeness, appropriateness, legality or applicability of your Data, including without limitation, any information obtained by using the Site or Services. Expereal does not endorse anything contained in the Data, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Expereal with respect thereto.
You represent and warrant that you own or control the necessary and required licenses, rights, consents and permissions to grant the licenses to Your Data described above. Please note that moving all or portions, or deleting your profile, of Your Data from Expereal does not revoke the license granted to those individuals, organizations or companies who previously accessed those Data, including Expereal. Additionally, your ownership of your data not withstanding, if you delete your Expereal account (and, as would be the case, the data associated with that individual profile), some or all of the data that you have previously entered will NOT BE DELETED and may be used anonymously (i.e., not associated with you or your profile, or ascribed to you as a named individual) as part of aggregate reports with no expiration date.
To be clear, Expereal will take precautions to help ensure that your data, unless you chose to publish it via social media or some other format (email, text message, etc.), cannot be ascribed to you as an individual in any aggregate report or data visualization.
You acknowledge and agree that you should not rely on the Site, Content, Data and Services for any reason. You further acknowledge and agree that you are solely responsible for maintaining your password and protecting all data and information that is stored, retrieved or otherwise processed by the Site, Content, Data or Services. Without limiting the foregoing, you will be responsible for all costs and expenses that you or others may incur with respect to backing up, and restoring and/or recreating any data and information that is lost or corrupted as a result of your use of the Site, Content, Data and/or Services.
We currently offer an Expereal mobile application, but please be aware of any data fees that your mobile service provider charges (bandwidth, text messages, additional services, etc.) will apply and are solely your financial responsibility.
You are responsible for safeguarding the password that you use to access the Site, Content, Data and Services. You agree not to disclose your password to any third party, whether you authenticate through Expereal or by using Facebook or Twitter authentication, or by another future means of authentication. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify Expereal of any unauthorized use of your password. You acknowledge that if you wish to protect your transmission of data and/or Data to Expereal, it is your responsibility to use a secure encrypted connection to communicate with and/or utilize the Site, Data and Services.
Your Use of the Services
Expereal grants you a limited, nonexclusive, nontransferable, revocable license to use the Site, Content, Data and Services subject to the restrictions set forth in these Terms & Conditions.
Expereal Property and Feedback
All right, title, and interest in and to the Site, Content, and Services are and will remain the exclusive property of Perspectival Inc. d/b/a Expereal and its licensors, including all Intellectual Property Rights (as defined below) therein, even if Expereal incorporates any of your Feedback (as defined below) into current or future versions. The Site, Content, and Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as explicitly permitted in these Terms & Conditions, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Site, Content, or Services. You may not copy or modify the HTML or other code used to generate web pages on the Site.
We also appreciate any and all feedback given via the app, website, email and other means of communication (including, but not limited to standard mail), but we can use such suggestions without any obligation whatsoever to compensate you for them, as you are not obligated to give suggestions.
All feedback, comments, and suggestions for improvements (the "Feedback") that you provide to Expereal, in any form, will be the sole and exclusive property of Expereal. You hereby irrevocably transfer and assign to Expereal and agree to irrevocably assign and transfer to Expereal all of your right, title, and interest in and to all of your Feedback, including all worldwide patent rights (including patent applications and disclosures), copyright rights, trade secret rights, and other intellectual property rights (collectively, the "Intellectual Property Rights") therein. At Expereal's request and expense, you will execute documents and take such further acts as Expereal may reasonably request to assist Expereal in acquiring, perfecting and maintaining its Intellectual Property Rights and other legal protections for your Feedback. You will not earn or acquire any rights or licenses in the Site, Content, and Services or in any Expereal Intellectual Property Rights on account of these Terms & Conditions or your performance under these Terms & Conditions.
You agree not to do any of the following while using the Site, Content, Data or Services:
Expereal will have the right to investigate and prosecute violations of any of the above, including Site security issues, to the fullest extent of the law. Expereal may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms & Conditions. You acknowledge that Expereal has no obligation to monitor any user's access to or use of the Site, Content, Data and Services, but has the right to do so for the purpose of operating the Site and the Services, to ensure users' compliance with these Terms & Conditions, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
If you violate any of these Terms & Conditions, your permission to use the Site, Content, Data and Services will automatically terminate. Expereal reserves the right to revoke your access to and use of the app(s), Site, Content, Data and Services at any time, with or without cause, and with or without notice. Expereal also reserves the right to cease providing or to change the Site, Content, Data or Services at any time and without notice.
Expereal reserves the right to terminate your Account or delete and/or reduce any or all of Your Data at any time, with or without notice.
You may delete your individual profile at any time; however, your data, not linked to or associated with your profile or ascribed to you as an individual, may continue to exist as anonymous aggregate data, not associated with your profile.
Use of the App(s) and Site at Your Own Risk
Your access to and use of the Site, Content, Data and Services and is at your own risk. Expereal will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Site, Content, Data or Services.
Expereal is Available "AS-IS"
THE SITE, CONTENT, DATA AND SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, EXPEREAL EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
YOU ACKNOWLEDGE THAT USE OF THE APP(S,), SITE, CONTENT, FILE AND SERVICES MAY RESULT IN UNEXPECTED RESULTS, LOSS OR CORRUPTION OF DATA OR COMMUNICATIONS, PROJECT DELAYS, OTHER UNPREDICTABLE DAMAGE OR LOSS, OR EXPOSURE OF YOUR DATA OR YOUR DATA TO UNINTENDED THIRD PARTIES.
EXPEREAL MAKES NO WARRANTY THAT THE SITE, CONTENT, DATA OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. EXPEREAL MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SITE, CONTENT, OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, CONTENT, DATA OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM EXPEREAL OR THROUGH THE SITE, CONTENT, DATA OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
You agree to defend, indemnify, and hold Perspectival Inc. d/b/a Expereal, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys' fees and costs, arising out of or in any way connected with: (i) your access to or use of the Site, Content, Data and Services; (ii) your violation of this Agreement; (iii) your violation of any third party right, including without limitation any intellectual property right, including but not limited to right of attribution, publicity, confidentiality, property or privacy right; or (iv) any claim that Your Data, or your use of Data, caused damage to a third party, including without limitation claims that Your Data, or use of Data, infringe the rights of another.
Limitation of Liability
IN NO EVENT WILL EXPEREAL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, CONTENT, DATA AND/OR SERVICES, OR FOR ANY ERROR OR DEFECT IN THE SITE, CONTENT, DATA OR SERVICES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT EXPEREAL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT EXPEREAL IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, EXPEREAL WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICES AND/OR THE DATA, OR IF YOUR DATA IS LOST, CORRUPTED OR EXPOSED TO UNINTENDED THIRD PARTIES.
WE WILL TRY TO ENSURE THAT EXPEREAL WORKS, IS BUG FREE AND SAFE TO USE, BUT IF YOU AGREE TO THESE TERMS & CONDITIONS, YOU USE EXPEREAL AT YOUR OWN RISK. WE ARE OFFERING EXPEREAL AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT AND CANNOT GUARANTEE THAT EXPEREAL WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT EXPEREAL WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS.
YOU AGREE THAT THE AGGREGATE LIABILITY OF EXPEREAL TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, CONTENT, DATA AND/OR SERVICES IS LIMITED TO ONE ($1) U.S. DOLLAR. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EXPEREAL AND YOU.
In the event that any provision of these Terms & Conditions is held to be invalid or unenforceable, the remaining provisions of these Terms & Conditions will remain in full force and effect.
If you violate these Terms & Conditions, either in letter or in spirit, Expereal reserves the right to freeze, terminate and/or delete your account and prevent you from using the service.
The failure of Expereal to enforce any right or provision of these Terms & Conditions will not be deemed a waiver of such right or provision.
We reserve the right to change these Terms and Conditions if we provide you notice of at least three (3) days. Your continued use of Expereal following such changes to these Terms and Conditions implies your agreement and acceptance of them.