Acclamare API Terms of Use

Last Updated May 27, 2020

Welcome to Acclamare’s website. Acclamare provides this website and the related websites, including all Content (as defined in Section 2), as a service to our users. Your use of the Sites is subject to the following terms and conditions (the “Site Terms”).

Please read these Site Terms carefully. These Site Terms are a legal agreement between Acclamare, Inc. and its affiliates (collectively, “Acclamare”) and you, and the Site Terms govern your use of the Sites. By accessing or using the Sites, you agree to be bound by these Site Terms and all additional terms incorporated by reference in these Site Terms. If you do not agree to all of these terms, you must not access or use the Sites.

We periodically update these Site Terms, so you must regularly review them. We will post the effective date of any updates at the beginning of these Site Terms. By continuing to use the Sites after an update, you agree to the terms of the update.

1. Rights. You are granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use the Sites solely in accordance with these Site Terms. As a condition of your use, you warrant to Acclamare that you will not use the Sites for any unlawful or prohibited purpose. You shall not use the Sites in a way that could damage, disable, overburden, or otherwise impair them or interfere with any other party’s use. You shall not obtain or try to obtain any materials or information that we have not intentionally made available to you. We do not grant you license, express or implied, to any Acclamare intellectual property except as specifically authorized by these Site Terms. Acclamare reserves the right, in our sole discretion and without notice, to (a) revise the Content available on the Sites; (b) impose rules for and limits on use of, or access to, the Sites; (c) revoke your access to part, or all, of the Sites; or (d) change, suspend, or discontinue any aspect of the Sites. We will not be liable to you or to any third party for taking any of the actions listed in (a)-(d) above.

2. Content. All material on the Sites, including information, data, software, photographs, graphs, videos, text, graphics, music, sounds, compilations, and any other content (collectively, the “Content”) is the property of Acclamare or our third-party content suppliers and is protected by United States and international copyright laws. You shall use the Content solely for the uses specifically authorized on the Sites and you will make no other use of it without Acclamare’s express written permission. Except as specifically authorized, you shall not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit the Content. The Content is not for resale. You shall not delete or alter any proprietary rights or attribution notices in the Content.

3. Trademarks. The names, logos, graphics, brands, and icons on the Sites (other than those belonging to third parties) are Acclamare’s trademarks or trade dress in the United States and other countries. Our trademarks and trade dress shall only be used in connection with our software and services. Acclamare grants you a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to use our trademarks and trade dress solely in strict accordance with these Site Terms. You shall not use our trademarks or trade dress in connection with any products or services that are not Acclamare’s in a way that is likely to cause confusion among consumers or that disparages or discredits Acclamare. All third-party trademarks on the Sites are the property of their respective owners, who may or may not be affiliated with Acclamare.

4. Communications. When you visit the Sites or send electronic messages to us, you are communicating with us electronically. When Acclamare sends you communications about the Sites or third-party products or services, we will do so in accordance with the Site Terms. By registering for an account, sending us an electronic message, or otherwise communicating with us, you have agreed to communicate with us electronically, which may include receiving emails from Acclamare or its partners. You may withdraw your consent at any time by sending us an opt-out or unsubscribe notice, clicking on the “unsubscribe” link in an email.

5. Account Password and Security. If any part of the Sites requires you to open an account, you must complete the registration process by providing current, complete, and accurate information as prompted by the applicable registration form. You also may be asked to choose a password and a username. You are solely responsible for maintaining the confidentiality of your password, username, and other account information. Furthermore, you are solely responsible for all activities that occur under your account and will be held liable for losses or damages incurred by Acclamare or another party due to someone else using your account or password. You agree to notify Acclamare immediately of any unauthorized use of your account or any other breach of security. Acclamare will not be liable for any loss or damages that you may incur as a result of someone else using your password or account. You shall not use anyone else’s account at any time without the permission of the account holder.

6. No Unlawful or Prohibited Use. You shall not use the Sites for any purpose that is unlawful or prohibited by these Site Terms. You shall not use the Sites in a manner that could damage, disable, overburden, or impair any Acclamare server, or the networks connected to any Acclamare server, or interfere with any other party’s use and enjoyment of any of the Sites. You shall not attempt to gain unauthorized access to the Sites, other accounts, computer systems, or networks connected to Acclamare’s systems through hacking, password mining, or any other means. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites. You shall not use the Sites to, nor permit any third party to: (a) promote your offerings or services (commercial or otherwise); (b) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others or publish, post, upload, or distribute any information that would result in the same; (c) download, upload, or otherwise make available materials, software, or information that is not legally yours and without permission of the intellectual property rights owner; or (d) impersonate someone else, falsely represent your identity or qualification, or breach another’s privacy.

Acclamare has no obligation to monitor the Sites. However, you acknowledge and agree that Acclamare has the right to monitor the Sites and to collect and/or disclose any information as necessary or appropriate to (i) satisfy any law, regulation, or other governmental request, (ii) to operate the Sites properly, (iii) to optimize the Sites and/or Acclamare’s business operations, or (iv) to protect Acclamare, its users, or its customers.

7. Communication Forums. The Sites may contain e-mail services, community forums, or other social features to exchange information with other users of the Sites (collectively, “Communication Forums”). If you use the Communication Forums, you must act respectfully in your interactions with others, and you shall not use the Communication Forums for any prohibited activities. Do not disclose any content or information that you do not wish to make public. Please note that certain Communication Forums may be operated by third-party service providers, and the specific terms and conditions of those third-party service providers may govern your use of the Communication Forums. 

8. Notice and Takedown. If you believe that your copyrightable material has been infringed by a third party using the Sites, please send a notice to Acclamare’s copyright agent, including the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed upon; (3) a description of where the material that you claim is infringing is located on the Sites; (4) your address, telephone number, and e-mail address; (5) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Acclamare’s Copyright Agent for notice of claims of copyright infringement on its Sites can be reached as follows:

Acclamare, Inc.
Attn: Legal Department
812 W 630 S, Richfield, UT 84701-2909
info@mydistributionsoftware.com
435.896.8004

In appropriate circumstances, Acclamare will disable or terminate the accounts of users who are copyright infringers.

9. User Generated Content. By sharing, submitting or uploading any of your data, feedback, suggestion, comments, or ideas (“User Content”) in any way, you grant Acclamare a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, prepare derivative works of, display, and perform your User Content in any legal manner for our sole benefit, including in future modifications of the Sites, other products or services, and in advertising and marketing materials. You acknowledge and agree that you are solely responsible for all the User Content that you make available through Acclamare. Accordingly, you represent and warrant that: (a) you have all rights, licenses, consents, and releases necessary to grant Acclamare the required rights to disseminate any User Content, (b) neither your User Content nor your posting, uploading, publication, submission, or transmittal of this User Content or Acclamare’s use of your User Content will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

10. Disclaimer of Warranties and Limitation of Liability. THE SITES ARE MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ACCLAMARE DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. ACCLAMARE SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT ANY GOVERNMENTAL INFORMATION (INCLUDING INFORMATION REGARDING TAX RATES OR THE APPLICABILITY OF CERTAIN TAXES) ARE ACCURATE, CURRENT, OR APPLICABLE TO YOU OR YOUR BUSINESS. ACCLAMARE’S TOTAL LIABILITY ARISING OUT OF THE SITES, WHETHER ON BREACH OF CONTRACT, BREACH OF WARRANTY, CLAIM OF NEGLIGENCE, OR OTHERWISE, SHALL NOT IN ANY CASE EXCEED THE COST PAID BY YOU TO ACCESS THE SITES OR $50, WHICHEVER IS LESS, AND ACCLAMARE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES.

11. Links to Third-Party Sites. Certain links on the Sites may take you to third-party websites. Acclamare provides these links only as a convenience to you and the use by Acclamare of such links does not imply any warrant or endorsement of the third party, its products, services, or its site.

12. Applicable Law, Jurisdiction, Venue. The laws of the State of Utah will govern these Site Terms and your use of the Sites, without regard to any conflict of laws provisions that would result in the application of the laws of any other forum. In the event of any dispute relating to or arising out of the Sites or these Site Terms, both you and Acclamare agree to personal jurisdiction in, and exclusive venue of, the state and federal courts located in Sevier County, Utah.