We Are Mammoth, Inc. (“We Are Mammoth” or “WAM”) operates the application DoneDone at www.getdonedone.com and www.mydonedone.com as a service (the “Service”). By using the Service, you agree to be bound by the following terms and conditions (“Terms of Service”).
The Service is provided subject to the Terms of Service, which can be located at any time at www.getdonedone.com
and www.mydonedone.com and you agree that these Terms of Service and any policies, rules or guidelines governing DoneDone
and its use. These policies, rules, and guidelines are published on getdonedone.com and mydonedone.com may be amended at
any time by We Are Mammoth. By publishing updated versions of the Terms of Service or such policies, guidelines, or rules
on getdonedone.com or mydonedone.com, or otherwise providing notice to you, We Are Mammoth may modify the Terms of Service
and may discontinue or revise any or all aspects of the Service at its sole discretion. All such changes shall become effective
upon posting of the revised Terms of Service to http://www.getdonedone.com/terms.
Violation of any of the terms below will result in the termination of your Account. While We Are Mammoth prohibits such conduct and Content on the Service, you understand and agree that We Are Mammoth cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have user logins under your account).
- One person or legal entity may not maintain more than one free account.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Service is not available to individuals under the age of 18. If you do not qualify, please do not use the Service.
- The Account login may be used by only one person, and that person must be the authorized person who registered the Account (the “Owner”). Each user login may be used only by one person. Multiple people may not share a user login. Separate user logins may be created for as many people as you wish (the “Users”).
- You and the other Users on your Account use DoneDone at your own risk. You agree that you are responsible for ensuring and maintaining the security of your logins and passwords.
- We Are Mammoth owns DoneDone, and you agree that you hold no right, title, and interest in the DoneDone application. You own the data that you publish to DoneDone, and We Are Mammoth agrees that it holds no right, title, and interest in your data.
Customers may access their DoneDone account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses DoneDone, is bound by the terms of this agreement plus the following specific terms:
- You expressly understand and agree that We Are Mammoth shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if We Are Mammoth has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
- Abuse or excessively frequent requests to DoneDone via the API may result in the temporary or permanent suspension of your account’s access to the API. We Are Mammoth, in its sole discretion, will determine abuse or excessive usage of the API. We Are Mammoth will make a reasonable attempt via email to warn the account owner prior to suspension.
- We Are Mammoth reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
Payment, Refunds, Upgrading and Downgrading Terms
- A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.
- An upgrade from the free 1-project plan to any paying plan will end your free trial. You will be billed for your first month immediately upon upgrading.
- The Service is billed immediately upon subscribing to a paid account as well as in advance on a monthly basis (the 1st of every month) and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
- For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
- Downgrading your Service may cause the loss of Content, features, or capacity of your Account. We Are Mammoth does not accept any liability for such loss.
Cancellation and Termination
- You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account link in the global navigation bar at the top of the screen. The “Update your billing information” screen in the Accounts section provides a simple no questions asked cancellation link.
- All of your Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again beginning the following month.
- We Are Mammoth, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other We Are Mammoth service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. We Are Mammoth reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
- We Are Mammoth reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the DoneDone Site (www.mydonedone.com and www.getdonedone.com) or the Service itself.
- We Are Mammoth shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
- We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.
- We Are Mammoth does not pre-screen Content, but We Are Mammoth and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
- The look and feel of the Service is Copyright ©2008–2011 We Are Mammoth, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements or computer program code without express written permission from We Are Mammoth, Inc.
- Technical support is only provided to account holders and is only available via email.
- You understand that We Are Mammoth uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service or We Are Mammoth.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by We Are Mammoth.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any We Are Mammoth customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- We Are Mammoth does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that We Are Mammoth shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if We Are Mammoth has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
- The failure of We Are Mammoth to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and We Are Mammoth and govern your use of the Service, superseding any prior agreements between you and We Are Mammoth (including, but not limited to, any prior versions of the Terms of Service).
- You understand and agree that in order to use the Service, you must use either (A) a Windows PC with Firefox 2.0 or higher, or Internet Explorer 7.0 or higher; or (B) a Mac with Firefox 2.0 or higher or Safari 2.0 or higher. A stable connection to the Internet is also required. The Service may work in a limited manner on other platforms and web browsers, but they are neither recommended nor supported by the Service.
- No agency, partnership, joint venture, or employment is created as a result of these Terms of Service or your use of DoneDone, and you do not have any authority of any kind to bind We Are Mammoth in any respect whatsoever.
- You may not represent on another website or in any other media that another website or service is associated with the Service or with We Are Mammoth.
- If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Service will otherwise remain in full force and effect and enforceable.
- You agree only to store and use contact information of people whom you are authorized to use the Service to contact or to whom you are authorized to send notifications via the Service.
- Questions about the Terms of Service should be sent to firstname.lastname@example.org.
USE OF THE SERVICE AND ANY RELIANCE BY YOU UPON THE SERVICE, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. We Are Mammoth DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED “AS IS” AND We Are Mammoth DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL We Are Mammoth OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS “We Are Mammoth”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF We Are Mammoth SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, We Are Mammoth IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF We Are Mammoth TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.