Last update: 30th August 2020, 8:00 AM CET
The owner of RetroTool is company u2i Worldwide LLC with the registered office in 78 Fraleigh Street, Red Hook, NY 12571 USA, hereinafter referred to as: "u2i". u2i has full intellectual property rights to RetroTool, its source code and layout.
RetroTool is protected by the law on trade secrets, copyrights and regulations regarding other intellectual property rights. u2i retains the copyrights and other intellectual property rights for the RetroTool and to all copies, fragments and translations.
Subject to the terms and conditions hereof, u2i hereby grants you a limited, revocable, non- exclusive, non-transferable and non-assignable license to use RetroTool in accordance herewith. Except as expressly set forth herein, you shall not use, reproduce, modify, or create derivative works of the RetroTool, its source code and/or layout or transfer, lease, lend, sublicense, use for timesharing, or service bureau purposes, resell or otherwise distribute or allow third-party access to all or any portion of the RetroTool, its source code and/or layout.
User is not entitled to rebuild, disassemble, decompile of the RetroTool or to make any other attempts to test and decode the source code or the structural framework thereof. User is not entitled to perform activities not covered by the license, including the assignment, distribution, sub- licensing, renting or any other dissemination (including transfer) of the RetroTool and the RetroTool documentation to a third party.
Generally, user does not have to register and set up an account on RetroTool to use this application. However there is a possibility to register and set up an account. If the user choose to do so, he/she will gain access to the archive of Retrospectives and another functions that are (or will be in the future, since we are still developing RetroTool) listed in the section: Plans.
All Retrospectives created by the user, who registers and sets up an account on RetroTool, are saved and accessible in the archives for the duration of two months. After this time the Retrospective are automatically canceled from the archives without the possibility to retrieve them. However, Retrospectives are still visible and active for the users. They are just canceled from the archives.
All Retrospectives created by the users – both who are registered on RetroTool for its free version and/or users who use RetroTool without registration - are automatically canceled from RetroTool after one year, without the possibility to retrieve them.
You hereby declare to know, that after two months Retrospectives are automatically canceled from the archives. u2i does not bear any liability for any data, information, loss, damage, injury etc. that arise or may arise due to this automatic cancellation of the Retrospectives from the archives older than 90 days.
You also hereby declare to know, that after 1 year Retrospectives are automatically canceled from RetroTool. u2i does not bear any liability for any data, information, loss, damage, injury etc. that arise or may arise due to this automatic cancellation of the Retrospectives from RetroTool older than 1 year.
Should the user decide to use RetroTool without registration and setting up the account, he/she may use RetroTool anonymously (using the random name generator) or using his/her name. Providing the name is completely voluntary.
As between you and u2i, you retain ownership of any information, data and statistics that u2i may obtain from RetroTool when you, by using RetroTool, make it available on Retrospectives. You hereby declare to know that u2i may have access to your Retrospectives and to data and information included there. However u2i does not control such data and/or information. u2i will not use, share, sell, lease, lend or otherwise distribute and/or make this data and/or information available for third parties.
You shall not:
You will not use RetroTool in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations or any rights of any third parties, including without limitation, any law or right regarding any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity, or anti-spam.
Each Retrospectives, when created, is given the random sequence of signs (letters and numbers). u2i indicates that there is a possibility (however very small) that third person may gain access to your Retrospectives by writing random letters and numbers in the browser: https://retrotool.io/_____. Due to that you should not post and include in your Retrospectives sensitive data, trade secrets and confidential data. You are solely liable for the data you post and include in your Retrospectives and u2i is bears no liability whatsoever if third person gains access to such information and/or data.
You bear full liability for any data (including personal data), information and/or other materials you include in RetroTool and Retrospectives. You are also fully liable for making your Retrospectives available to third parties and for any data, information and/or other materials posted in RetroTool and Retrospectives by these persons.
You may not send viruses or malicious code, or take any action that could block, overload or disrupt the proper functioning or appearance of RetroTool. You may not access or collect data from RetroTool by automated means (without our prior consent), or attempt to access data for which you have not obtained consent to access, especially for Retrospectives of other persons and/or entities.
u2i does not bear any kind of liability (towards you or any third parties) for any kind of data, information and/or materials you post and/or include in your Retrospectives when using RetroTool.
u2i is also not liable for any personal data you include in RetroTool and Retrospectives nor is liable for any access to Retrospectives of any third person.
You agree to indemnify, hold harmless and (only if requested by u2i) defend u2i, at your expense, against any and all third-party claims, actions, proceedings, and suits asserted against u2i or any of its officers, directors, employees, agents or affiliates and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees) incurred by u2i or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (a) your breach of any term or condition hereof, (b) your use of the RetroTool. In such instances, u2i will provide you with electronic or written notice of such third-party claim, action, proceeding, or suit within 30 days of learning of such claim. You shall cooperate as fully as reasonably required in the defense of any claim. u2i reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
u2i and its officers, directors, and employees will not be liable to you or any third party for any indirect, special, punitive, consequential (including, without limitation, lost profits or lost data collected through the services), or incidental damages, whether based on a claim or action of contract, warranty, negligence, strict liability, or other tort, breach of any statutory duty, indemnity or contribution, or otherwise, even if u2i has been advised of the possibility of such damages.
You represent and warrant to u2i that you a) own all right, title and interest in and to the URLs of your website; b) own or have obtained all rights and consents necessary to publish all of the content published on or through your website and the user interface of your website; and c) have obtained all necessary consent(s) required to enable RetroTool.
u2i does not represent or warrant that: a) RetroTool will be error-free or accessible at particular times, b) defects will be corrected, c) RetroTool or the server(s) that makes it available, are free of viruses or other harmful components, or d) the use or the results of the use of RetroTool or the materials made available as part of RetroTool will be correct, accurate, timely, or otherwise reliable. You specifically agree that u2i shall not be responsible for unauthorized access to or alteration of your data.
RetroTool is provided "as is" and there are no warranties, claims or representations made by u2i either express, implied, or statutory, with respect to RetroTool, including warranties of quality, performance, non-infringement, merchantability, or fitness for a particular purpose, nor are there any warranties created by course of dealing, course of performance, or trade usage. u2i does not warrant that RetroTool will meet your needs or be free from errors, or that the operation of the services will be uninterrupted.
u2i does not guarantee, and shall have no liability for, any RetroTool downtime, including, without limitation, any downtime a) caused by failures of or previously scheduled maintenance to u2i’s equipment or servers, b) caused by outages to any public Internet backbones, networks or servers; c) caused by any failures of your equipment, systems or local access services; or d) relating to events beyond u2i’s control, such as strikes, riots, insurrections, fires, floods, explosions, war, governmental actions, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where u2i or your servers are located or co-located.
If any provision hereof is held to be unenforceable or void for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to reflect the intent of the parties, and the remainder hereof shall continue in full force and effect.
This Agreement shall be governed by and construed under the laws of the state of New York without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and New York law, rules, and regulations, the latter law, rules and regulations shall prevail and govern.
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