Version 2.0

Welcome to Safari Software, Inc. (DBA 47hats) StartupToDo.com Site (the "Site"). These Terms of Use govern your use of the Site and its contents. The terms “StartupToDo.com,” "we," "us" and "our" refer to Safari Software, Inc. (DBA 47hats).

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE, THE STARTUPTODO.COM PRIVACY STATEMENT, AND THE STARTUPTODO.COM COMMUNITY GUIDELINES AND YOU AGREE TO RECEIVE REQUIRED NOTICES AND TO TRANSACT WITH US ELECTRONICALLY. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SITE.

1. Registration

You must register on this Site in order to use certain of the Site functions, such as our blogs. If you just want to browse this Site, registration is optional.

During registration, you will be required to provide contact information, consisting of an email address, username and password. You can select any username as you like, except that your username cannot be an impersonation of another person, a term that is the same or confusingly similar to a famous trademark, or a term that is offensive in any way. You may, but are not obligated to, use your own name. If you do use your own name, you consent to it being passed to others by use of certain of the functions of StartupToDo.com and the Site. StartupToDo.com reserves the right to reject or remove any username.

For certain of our functions, such as the purchase of products and services, you are required to provide your name, address and billing and credit card information. You are required to provide accurate and complete information.

2. Age of Users

Children under the age of 13 may not use this Service and parents or legal guardians may not agree to these Terms of Use on their behalf. If we become aware that a child under 13 has provided or attempted to provide us with personal information, we will use our best efforts to remove the information permanently from our files.

If you are under the age of 18 but at least 13 years of age, you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur.

3. Non-Commercial Use

This Site and its contents are for your own personal non-commercial use only.

4. Additional Terms and Conditions for Software; EULAs

When you register for or purchase the Site’s services, you will be required to agree to one or more End-User License Agreements (or "EULAs") which may include additional terms. You will be bound by any EULA that you agree to.

5. StartupToDo.com Privacy Statement

Your use of this Site signifies your continuing consent to the StartupToDo.com Privacy Statement, which you can examine any time by clicking on the "Privacy" link on the Site. Personal information that you supply to StartupToDo.com, and any information about your use of StartupToDo.com that we obtain will be subject to the StartupToDo.com Privacy Statement on this Site.

6. Changes to StartupToDo.com

We may discontinue or change any StartupToDo.com content, service, function or feature at any time with or without notice.

7. Proper Use of This Site

When you use our projects or site review functionality or other social and communications functions, you agree at all times to comply with the StartupToDo.com Community Guidelines, which you may access with the Community Guidelines link on the Site. You may use StartupToDo.com for lawful purposes only and may use the Site only in ways consistent with the law.

You may not use any program, spider or "bot" to gather or "harvest" information from this Site.

8. Proprietary Rights

StartupToDo.com and its suppliers reserve all rights under intellectual property law in StartupToDo.com and in any content that is on the Site.

Except as StartupToDo.com may expressly state in writing, you may not reproduce, reprint, publish, or otherwise exploit content or technology from StartupToDo.com or its suppliers on the Site without our express prior written consent.

9. Changes to the Terms of Use

We may change the Terms of Use at any time. You can review the most current version of the Terms of Use by clicking on the Site's "Terms of Use" link. If you continue to use this Site after we make changes to the Terms of Use, you are signifying your acceptance of the new terms. You are responsible for checking these terms periodically for any changes.

10. Electronic Delivery Statement and Your Consent

You agree that we may provide to you notices and other information concerning StartupToDo.com or this Site electronically, including notice to any email address that you may provide.

11. Content That You Supply

StartupToDo.com may allow you to supply content for the Site or its functions that can be accessed and viewed by others. You agree not to post any content that violates these terms, any applicable EULA or the Community Guidelines. Content that violates applicable rules may be removed.

If you post any content on area of the Site, you grant us and our affiliate companies the perpetual sublicensable right and license to use, copy, display, perform, distribute, modify, adapt, abridge, exploit, and promote this content in any way and in any commercial or non-commercial medium or form without charge.

12. No Duty to Monitor

You agree that we are not liable for content that is provided by others. We have no duty to screen content that you may supply or post, but we have the right to refuse to post or to edit submitted content. We reserve the right to remove any content for any reason at any time.

13. Third Party Sites and Advertisers

StartupToDo.com may include on its Site links to third party web sites. You agree that we are not responsible or liable for any content or other materials on third party sites. You also agree that we are not responsible for content or claims supplied by our advertisers. We are also not responsible for any transactions or dealings between you and any third party or any advertiser. You agree that StartupToDo.com is not responsible for any claim or loss due to a third party site or any advertiser.

14. Disclaimer of Warranties

We provide this Site and its contents "AS IS." We and our suppliers make no express warranties or guarantees about this Site. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES INCLUDING ANY WARRANTY THAT THE SITE IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, OR WILL OPERATE WITHOUT INTERRUPTION. Because some states do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws.

15. Limitation of Liability

You may not assert claims for money damages arising from this Site or its contents. We and our suppliers shall not be liable for any indirect, special, incidental, consequential or exemplary damages, even if we knew or should have known of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability, and the liability of our company and suppliers, shall be limited to the extent permitted by law.

16. Indemnification

You agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

17. International Use

We make no representation that content on this Site is appropriate or available for use in locations outside the United States. If you choose to access this Site from a location outside the US, you do so on your own initiative and you are responsible for compliance with local laws.

18. Choice of Law and Location for Resolving Disputes

You agree that the laws of the state of California, USA and US federal law govern these terms of use, its subject matter, your use of the Site, and any claim or dispute that you may have against us, without regard to its conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.

You further agree that any disputes or claims that you may have against us will be resolved by a court located in the state of California USA in the city of Sonoma, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, THE STATE OR FEDERAL COURTS IN THE STATE OF CALIFORNIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

19. Binding Arbitration

You agree that any disputes or claims that you may have against us will be (except as stated below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available that the AAA web site www.adr.org. The determination of whether a dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, StartupToDo.com will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, and will provide a statement of reasons if requested by a party. Except as otherwise provided in this Agreement, you and StartupToDo.com may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE THE RIGHT TO A JURY TRIAL.

20. Severability and Integration

This contract and any supplemental terms, policies, rules and guidelines posted on this Site constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of the Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

21. Termination

We reserve the right to terminate your use of this Site if you violate the Terms of Use or any rules or guidelines posted on the Site or for any other reason in our discretion.

22. Claims of Copyright Infringement

If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please follow the instructions on how to contact us to report possible copyright infringement. See the Copyright link on our home page.

Revision Date: September 14, 2009

Copyright © 2009 by Safari Software, Inc. (DBA 47hats).

Your Agreement to These Terms of Use

The StartupToDo.com Site provides projects, comments, site review requests, site reviews and other Content Areas for exchange of information and opinions. The following are the terms of use of the Content Areas. By accessing or viewing a project, contributing any content, or participating in a Content Area in any way, you agree to these Content Area Terms. These Content Area Terms are subject to the Terms of Use that apply for the StartupToDo.com Site generally. Please read these Content Area Terms and the Terms of Use carefully. If you do not want to be subject to any of these terms and conditions, do not read, use, or contribute to the Content Area.

StartupToDo.com Contributions

StartupToDo.com may contribute content (each a “StartupToDo.com Contribution”). StartupToDo.com Contributions belong to StartupToDo.com and are subject to StartupToDo.com’s copyright ownership. You are permitted to access StartupToDo.com Contributions through the Internet. You can save, display, and print a copy of StartupToDo.com Contributions for your own personal use only. You may not otherwise copy, transmit, publish, distribute, display or in any way exploit any StartupToDo.com Contributions.

If any StartupToDo.com Contribution is provided by a named employee or agent of StartupToDo.com, then, unless otherwise expressly stated, the statements and opinions expressed in such StartupToDo.com Contribution are those of the author only and are not the statements or opinions of StartupToDo.com or its management.

User Registration Required for Contributors

StartupToDo.com requires users who wish to contribute to a Content Area (each a “Contributor”) to register. You may register to be a Contributor by choosing a username and password. You are not required to provide your true name or any identifying information. However you may not choose a username that is misleading or that misidentifies you as another person. Your username may not be indecent or offensive.

StartupToDo.com reserves the right to remove the user registration for any person for any reason.

User Contributions

By posting content to any Content Area (each a “User Contribution”), you grant StartupToDo.com a non-exclusive, royalty-free, perpetual, and worldwide license to such User Contribution. This license includes the perpetual right for StartupToDo.com to post the User Contribution in any Content Area and to copy, archive, distribute, abridge, transmit, display, edit, translate and reformat any User Contribution, and/or to incorporate it into a collective work, database or archive.

You agree not to provide any User Contribution that is illegal, misleading, defamatory, indecent or obscene, in poor taste, threatening, infringing of any third party proprietary rights, invasive of personal privacy, or otherwise objectionable. By posting any User Contribution, you represent that you have all required rights and permissions to do so.

You are not required to include any information in any User Contribution that identifies you. If you choose to provide personal identifying information, you do so at your own risk.

StartupToDo.com reserves the right not to post or to remove any User Contribution from any Content Area for any reason. StartupToDo.com may, but is not required to, screen content before posting or use. StartupToDo.com may limit the length of User Contributions.

Non-Commercial Use

The Content Areas are for non-commercial use only. You agree not to provide any Contribution that includes a request for money or contains any promotion, advertising, or any solicitation involving goods or services. You agree not to solicit other users of Content Areas to join any organization. You will not solicit or collect personal data about Contributors or other users. You may not claim that StartupToDo.com endorses you, your activities, your business, or your User Contributions.

Third-Party Sites and Links

Links to third party Internet sites will be in StartupToDo.com Contributions and in many User Contributions. StartupToDo.com does not approve or endorse the contents of any third party site or data that may be reached by means of any link. StartupToDo.com has no control over such third party sites, and StartupToDo.com is not responsible for any content on such sites.

No Guarantee Regarding StartupToDo.com Contributions or User Contributions

StartupToDo.com assumes no responsibility for the accuracy, completeness, or usefulness of information in any material in any Content Areas, including any StartupToDo.com Contributions and any User Contributions. StartupToDo.com does not approve or endorse any statements, opinions or recommendations in any StartupToDo.com Contributions and any User Contributions.

StartupToDo.com grants no license to any user of any Content Area under any patent, trademark, trade secret, copyright or any other intellectual property right, except for the permissions to view and print StartupToDo.com Contributions as expressly stated above.

No Robots and Spiders

Use of Content Areas is for participants and readers only. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor or copy any part of any Content Area. This provision does not prevent you from using RSS feeds provided in the StartupToDo.com Site. Indemnification

You agree to indemnify, defend and hold harmless StartupToDo.com, its subsidiaries, and their officers, directors, owners, employees, and agents from and against any and all liability, losses, costs and expenses (including attorneys' fees) incurred by any of them in connection with any claim arising out of any User Contribution that you provide, your violation of these Content Area Terms, or your violation of the Terms of Use that apply for the StartupToDo.com Site generally.

Disclaimers and Exclusions of Warranties

THE CONTENT AREAS AND THEIR CONTENTS ARE PROVIDED "AS IS." STARTUPTODO.COM MAKES NO WARRANTIES OF ANY KIND. INACCURACIES OR MISTAKES ARE POSSIBLE. STARTUPTODO.COM DOES NOT WARRANT THAT THE CONTENT AREAS AND THEIR CONTENT WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED OR ERROR FREE. STARTUPTODO.COM EXPRESSLY EXCLUDES AND DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. STARTUPTODO.COM SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OF THE CONTENT AREAS OR THEIR CONTENT.

Limitation of Liability

IN NO EVENT SHALL STARTUPTODO.COM OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, MULTIPLE, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF STARTUPTODO.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION.

Compliance with Law

You agree that your use of any Content Area will comply with all applicable laws, rules and regulations.

Changes to Terms of Use

StartupToDo.com reserves the right to make changes to these Content Area Terms at any time. Your continued access to, viewing, contribution to, or other use of any Content Area will constitute your acceptance of any new terms and conditions.

Privacy Policy

To see StartupToDo.com’s privacy policies, click here.

Copyright Complaints

If you believe that your work has appeared on any Weblog in a manner that infringes a copyright, please follow our procedures for reporting copyright infringements.

Revision Date: September 14, 2009

Copyright © 2009 by Safari Software, Inc. (DBA 47hats).