Legal
Acceptable Use Policy
Last updated: March 14, 2024
Capption's Acceptable Use Policy ("AUP") applies to the use of any product, service, or website provided by Capption LLC, whether we provide it directly or another party provides it to you (each, a "Capption Service"). If you are using any Capption Service, this AUP applies to you.
This AUP helps you ensure compliance with the laws and regulations that apply to the Capption Service. The AUP also protects the interests of all of our clients and their customers, as well as Capption's goodwill and reputation. Every customer and user agrees to abide by this AUP and is responsible for any violations — by using the Capption Service, you agree to these terms.
You are not allowed to assist or engage others in a way that would violate this AUP. We will enforce and ensure compliance with this AUP by using methods we consider appropriate. We may also suspend or terminate your use of Capption Services pursuant to our Customer Terms of Service for violations of this AUP.
1. Reporting suspected violations
We encourage users of the Capption mobile app to report suspected violations of this AUP to us by emailing a link of the violating Capption content object to our Abuse Manager at sherman@capption.com. We will investigate, discuss with the content author, and respond appropriately.
If you know of or suspect a violation of this AUP, promptly notify us in writing of the known or suspected violation.
2. No disruption
You agree not to engage in any of the following activities:
2.1 Property Rights Infringement. Using the Capption Service in a way that impacts the normal operation, privacy, integrity or security of another's property — including accounts, access credentials, domain names, websites, networks, systems, equipment, data, or specific rights to exhibit content for which you do not have permission.
2.2 Impersonation. Accessing the Capption Service using another user's unique login credentials, or reusing or sharing credentials among multiple users.
2.3 Unauthorized Access. Attempting to gain unauthorized access to the Capption Service.
2.4 Unauthorized Reference. Using the Capption Service to gain unauthorized access to, use, monitor, or make an unauthorized reference to another's property, unless you have express prior consent.
2.5 Authorized Interfaces. Accessing the Subscription Service other than through our provided interfaces.
2.6 Blacklisting. Using the Capption Service in a way that causes any Capption IP addresses, domains, or customer domains to be blacklisted. Prohibited actions include hacking, spoofing, denial of service, mailbombing, and sending malware.
2.7 Unreasonable Overload. Employing any automated system — including robots, spiders, offline readers, or scrapers — that sends more request messages to our servers in a given period than a human can reasonably produce.
2.8 Denial of Service. Using the Capption Service in any manner that damages, disables, overburdens, or impairs our websites or interferes with other users' use of the Subscription Service.
2.9 Trade Sanctions Violation. Violating or causing Capption to be in violation of applicable trade and sanctions laws, including allowing users to access the Capption Service from embargoed countries or regions, or allowing access to any person on restricted party lists maintained by the U.S. government, EU, UK, UN, or similar entities.
3. Proper usage of Capption Services
3.1 Prohibited Content
You may not use the Capption Service with content, or in a manner that:
- Is threatening, abusive, harassing, stalking, or defamatory.
- Is deceptive, false, misleading, or fraudulent.
- Is invasive of another's privacy or violates another's legal rights.
- Contains vulgar, obscene, indecent, or unlawful material.
- Infringes a third party's intellectual property rights.
- Distributes software, music, videos, or other material protected by IP laws without the necessary rights and consents.
- Uploads files that contain viruses, corrupted files, or software that may damage another person's computer.
- Downloads files you know cannot be legally distributed in that way.
- Falsifies or deletes author attributions, proprietary designations, or labels of origin.
- Restricts or inhibits any other user from using and enjoying the Capption Service.
- Harvests or collects information about others, including email addresses, without their consent.
- Violates usage standards or rules of any entity affected by your use.
- Is legally actionable between private parties.
- Is not a good-faith use of the service, such as uploading content meant for use by other institutions.
- Violates any applicable local, state, national, or international law or regulation.
- Encourages, promotes, facilitates, or instructs others to engage in illegal activity.
- Promotes, encourages, or facilitates hate speech, violence, or discrimination based on race, color, sexual orientation, gender or identity expression, religion, national origin, age, disability, veteran status, genetic information, citizenship, or any other characteristic protected by law.
3.2 Prohibited Use
You will use the Capption Service for your internal business purposes and will not:
- Willfully tamper with the security of the Capption Service or customer accounts.
- Access data on the Capption Service not intended for you.
- Log into a server or account you are not authorized to access.
- Attempt to probe, scan, or test the vulnerability of any Capption Service without proper authorization.
- Willfully render any part of the Capption Service unusable.
- Lease, distribute, license, sell, or otherwise commercially exploit the Capption Service or make it available to a third party outside your subscription terms.
- Use the Capption Service for timesharing or service bureau purposes.
- Provide evaluation versions of the Capption Service to third parties without our prior written consent.
3.3 Sensitive Data
"Sensitive" data is information about a living individual's private personal interests, including citizenship and immigration status, government-issued identification, financial account numbers, bank statements, tax return information, Social Security numbers, credit card numbers, payment history, income data, professional performance reviews, employment history, veteran status, demographic data, children's information, health data, and Protected Health Information (PHI).
You are not allowed to create or store Sensitive data on Capption Services. All Capption content data is publicly accessible. In the event of a disclosure, you will not be indemnified by Capption, and you agree to hold Capption harmless.
3.4 Non-Discrimination
Organizations or individuals who promote, encourage, or facilitate hate speech, violence, or discrimination — through their own content or through distribution of user-generated content — are prohibited from using the Capption Service.
3.5 Your Moderation Obligations
You are responsible for moderating content generated by your users of the Capption Service. User-generated content that violates this AUP may result in termination of your use of the Capption Service.
4. Capption trademark use
Customers may use Capption's name, logo, tagline, references, identifiers, tags, and brand marks through their regular course of activity.
Outside of journalism and social media, non-customers require our express prior written permission to use any name, logo, tagline, identifier, tag, or other mark, including:
- As a Capption-indicated hypertext link to any non-Capption website (except as expressly enabled by us).
- To imply identification with us as an employee, contractor, agent, or similar representative.
- To label something as Capption-created, supported, or enabled that was not provided by us.
You also agree not to remove or alter any of these items as we may have provided or enabled.
5. General terms
5.1 Suspension for Cause. We may immediately suspend your access to the Capption Service if you breach this AUP or don't respond to us in a reasonable period after we've contacted you about a potential violation. We may also terminate your subscription agreement for cause.
5.2 Content. We may choose to remove any prohibited materials and deny access to any person who violates this AUP, and we further reserve all other rights.
5.3 Updates. We may update and change any part or all of this AUP. Updates will be posted here. If you have an active Capption subscription, we will notify you by email of any substantive changes. When we change this AUP, the "Last Updated" date at the top of this page will reflect the date of the most recent version.