Legal

Website Terms of Use

Last updated: March 14, 2024

Thank you for visiting the website of Capption LLC ("Capption" or "Company"). These Terms and Conditions (the "Terms and Conditions") apply to capption.com and include, without limitation, related mobile websites, microsites, mobile applications, Company profiles on social media sites, and any other digital services or properties operated or used by Company (collectively the "Sites").

By using the Sites, you agree to comply with and be bound by these Terms and Conditions and Company's Privacy Policy. If you do not agree to these Terms and Conditions and the Privacy Policy, you must immediately terminate your use of the Sites.

1. License

We grant you a nonexclusive nontransferable license to use the Sites and the services therein subject to the terms hereof for a period beginning on the date of your acceptance of these Terms and Conditions and ending on the earlier of: (1) the date we notify you of our termination of these Terms and Conditions; or (2) the date you notify us of your termination of these Terms and Conditions.

It is your responsibility to properly protect your login information, including your username and password, from use by third parties.

2. License Restrictions

Unless otherwise expressly stated or you receive Company's prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system the Sites, any Company Content, or any portion thereof. Further, you may not:

Use the Sites for any unauthorized or illegal purpose or activity, including obtaining or attempting to obtain unauthorized access to the Sites or Company Content;
Interfere with the proper working of the Sites, including the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, denial of service attack, or other limiting routine, instruction, or design; or
Interfere with any other person's use and enjoyment of the Sites.

3. Your Acceptance; Revisions to Terms and Conditions

The Sites are available only to individuals who can enter into legally binding contracts under applicable law. By using the Sites, you unconditionally agree to these Terms and Conditions. Company reserves the right to revise these Terms and Conditions at any time in its sole discretion by posting revised Terms and Conditions to the Sites. Your use of the Sites signifies your acceptance of all the terms of use contained within the Terms and Conditions posted at the time of your use.

4. Privacy Policy and Website Disclaimer

For information about Company's data protection practices, Company's use and protection of your personal information, and the information and Content Company provides on the Sites, please read Capption's Privacy Policy, the terms of which are incorporated by reference into these Terms and Conditions.

5. User Obligations

As a precondition to use the Sites, you warrant and guarantee that you will abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Sites. You unconditionally agree that you will not use the Sites to upload, download, post, email, transmit, or otherwise make available any content that:

Is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
You do not have a right to make available under any law or under contractual or fiduciary relationships;
Infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
Includes any unsolicited or unauthorized advertising, promotional materials, or spam;
Contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; and
May intentionally or unintentionally violate any applicable local, state, national, or international law.

6. Trademarks and Copyrights

The Content of the Sites includes Company's trademarks, service marks, logos, brands, brand names, trade dress, and trade names; information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, and photographs; and the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the Sites (collectively, the "Content").

The Content is the property of Company, its licensors, sponsors, partners, advertisers, content providers, or other third parties and is protected by law. The reproduction, transmission, distribution, sale, publication, broadcast, circulation, or dissemination of any Company Content by you is strictly prohibited and unlawful unless express written consent is separately obtained from the owner of such Content.

7. No Reproduction or Resale

You are not authorized to use any intellectual property owned by Company, including the Content, for resale to any other person or entity. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any intellectual property, information, software, products, or services obtained from the Sites. You may, however, stream or download, where specifically permitted, podcasts, videos, and related materials from the Sites for your personal, educational, non-commercial use only, provided you keep intact all copyright, trademark, and other proprietary notices.

8. No Unlawful, Prohibited, or Reckless Use

As a condition of your use of the Sites, you warrant to Company that you will not use the Sites for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Sites in any manner that could jeopardize your safety or the safety of others, including texting, streaming, emailing, or using the Sites while driving, running, or participating in other activities that require your attention to safety.

9. Notification of Claimed Copyright Infringement

Pursuant to 17 U.S.C. Section 512(c)(2) of the Copyright Act, Company designates the following individual as its agent for receipt of notifications of claimed copyright infringement:

Name: Daniel Barthel
Title: Chief Product Officer
Email: dan@capption.com
Phone: Available upon request
Address: Available upon request

10. Third-Party Information, Advertisements, and Websites

Use of the Internet and the Sites is solely at your risk and is subject to all applicable local, state, national, and international laws and regulations. The Sites may contain advertisements and third-party materials, but their inclusion does not imply endorsement of the advertised products or services. CAPPTION MAKES NO REPRESENTATION WITH RESPECT TO, NOR DOES IT GUARANTEE OR ENDORSE, THE QUALITY, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF SUCH THIRD-PARTY MATERIALS, INFORMATION, SERVICES, OR PRODUCTS.

11. Indemnification

If anyone brings a claim or threatens to bring a claim against Company arising out of your actions or use of the Sites or the services and products therein, or anyone else's use thereof through your account, you agree to indemnify and hold Company, its parents, subsidiaries, and affiliates, and each of their owners, partners, shareholders, members, managers, officers, directors, governors, independent contractors, employees, agents, and representatives harmless from any claim or demand, including reasonable attorney's fees and costs at arbitration, through trial or on appeal.

12. Disclaimer of Warranties

THE SITES, INCLUDING SERVICES AND PRODUCTS ON THE SITES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. YOUR USE OF THE SITES, INCLUDING THE SITES' SERVICES AND PRODUCTS, IS AT YOUR OWN RISK. CAPPTION DISCLAIMS ALL WARRANTIES REGARDING THE ACCURACY, SAFETY, AND/OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE SITES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CAPPTION DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

13. Limitation of Liability

WE DO NOT GUARANTEE THAT THE SITES WILL ALWAYS BE SAFE, SECURE, OR ERROR-FREE OR THAT THE SITES WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. CAPPTION IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS, REVENUE, OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS AND CONDITIONS, THE SITES, AND YOUR USE OF THEM WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE (12) MONTHS. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITES MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION.

14. Termination

Company may terminate your account, and remove and discard any of your content, at any time without notice, for any reason. We will not be liable to you or any third party for any termination of your access to the Sites. You likewise may delete or disable your account at any time.

15. Choice of Law and Exclusive Venue

You agree that all disputes arising under or related to your use or access of the Sites, the products and services offered therein, and these Terms and Conditions shall be brought solely in the federal and state courts situated in the County of Ramsey, State of Minnesota. You consent to personal jurisdiction and venue in those courts. These Terms and Conditions shall be governed and construed by the substantive laws of the State of Minnesota.

16–25. Additional Terms

16. Entire Agreement. These Terms and Conditions, along with the Company Privacy Policy, constitute the entire agreement between you and Company with respect to the subject matter herein and supersede all prior oral and written agreements.

17. Modifications and Amendments. Company reserves the right, at any time, to modify or amend the Terms and Conditions without prior notice to you. Modifications and/or amendments are effective immediately upon being posted on the Sites.

18. Waiver. Company's failure to exercise or enforce any term in these Terms and Conditions will not constitute a waiver of such term.

19. Severability. If any provision of these Terms and Conditions is declared to be invalid, unenforceable, or void by a court of competent jurisdiction, such provision will be deemed stricken, and the Terms and Conditions will be reformed to replace that provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision.

20. Attorney's Fees. In the event that any action, suit, or legal proceeding is initiated or brought to enforce any or all of the provisions of these Terms and Conditions, you agree that Company shall be entitled, in addition to any other remedies provided by law or equity, to collect from you its costs and expenses, including reasonable attorney's fees, to the extent that Company prevails (in whole or part) in such legal proceeding.

21. Assignability. The rights, responsibilities, or obligations granted or assumed with respect to these Terms and Conditions may not be assigned by you without first obtaining Company's written consent. Company may assign its rights and obligations to any successor to all or substantially all of its business or assets.

22. Rule of Construction. The rule of construction that a document should be more strictly interpreted against the person who drafted it shall not apply to any provision of these Terms and Conditions.

23. Use Outside of the United States. Company makes no claims regarding access or use of the Sites or the Company Content outside of the United States. If you use or access the Sites outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

24. Social Media. Content and links to other Internet sites on Company's social media profiles should not be construed as an endorsement of the organizations, entities, views, or content contained therein; Capption is not responsible for content or links posted by others.

25. Advertiser or User-Generated Content. By contributing advertiser or user-generated content to any of the Sites or social media profiles, you acknowledge that this information is available to the public and grant Company a nonexclusive license to display, reproduce, transmit, and modify such user-generated content for internal and external marketing purposes. You are solely responsible for the user-generated content you submit.