TERMS OF SERVICE

Welcome to Squrl! Squrl is an open social media bookmarking service. With Squrl, you can bookmark media from numerous services, share links to videos, other Squrl users can see the videos you've watched and follow you on Squrl and visa-versa. Videos are not stored by Squrl on the service or your device. All content remains on the third party media services. Please read below to understand more about Squrl and the terms and conditions that apply to your use of Squrl. These Terms of Service are between you and Squrl only. Apple Inc. and other device or software providers are not parties to this agreement.

YOUR ACCESS AND USE OF SQURL IS SUBJECT TO (I) THESE TERMS OF SERVICE, (II) YOUR AGREEMENTS WITH THIRD PARTIES, SUCH AS APPLE® OR OTHER DEVICE, SOFTWARE OR MEDIA PROVIDERS AND (III) ALL APPLICABLE LAWS, RULES AND REGULATIONS. BY ACCESSING OR USING ANY PART OF SQURL, YOU ACKNOWLEDGE THAT YOU ACCEPT THESE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOU MAY NOT USE ANY PORTION OF SQURL.

Squrl Overview: This service (the "Squrl Service") provides you with the ability to organize links to video and media content available on third party sites and services ("Media Providers") and to engage in social networking activities with other users. Users can see what videos other users on the Squrl Service view, collect, rate or otherwise interact with at any time. If you don't want other Squrl users to see such information about the videos you have viewed, then you should not use the Squrl Service. This service relies upon the openness of such sharing. In addition, users can follow one another to establish a closer relationship. The Squrl Service is free of charge, however, we maintain the right to change to a paid service in the future.

Registration and Passwords: In order to use the Squrl Service, you must register and install the application. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. All email accounts must belong to you and not any other person. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under your user name. If you suspect any unauthorized use of your user name, you should contact Squrl immediately at legal@squrl.com.

Social Networking Services: The Squrl Service enables you to access your other social media accounts, such as by using Facebook Connect to use your Facebook account to log into Squrl or the "Sign in with Twitter" feature. When you use one of these services, the Squrl Service will automatically make you a follower of any Squrl users who are also connected to you via such social networking services.

You are solely responsible for complying all terms, conditions, policies and agreements of other services with which you use the Squrl Service, including but not limited to, social networking services. By providing this service, Squrl does not represent or warrant that your use of the Squrl Service is in compliance with such terms, conditions, policies and agreements, and you agree to independently ensure that your use of the Squrl Service does not cause you to be in violation of any obligation or applicable law.

Squrl Software License: In order to use the Squrl Service, you may need to download and install Squrl's proprietary software on your iPad™, iPhone® or other device and you may also add a button to your web-based internet browser to bookmark videos as you surf the web and later access them through the Squrl Service (collectively, the "Squrl Software"). Squrl hereby grant you a non-exclusive, non-transferable, revocable, limited license to use the Squrl Software solely on iPad™, iPhone® and other devices and web browser installations that you own or manage. You represent and warrant to us that you have the right to install and operate the Squrl Software on such devices you are using. You may not remove, obscure, modify or disable any proprietary notices from Squrl on any part of the Squrl Service. You may not transfer this license to another party unless that party affirmatively accepts these Terms of Service.

Uninstall Squrl: You may uninstall the Squrl Software at any time by deleting it from your iPad™, iPhone® or other device in the same manner that you delete any app. You should also then delete the application from your iTunes account by dragging it to the trash. The browser button may generally be deleted by right-clicking on the button and hitting delete, but check the help section of your browser if you have any issues. If you have any problems with the removal process, please contact us using the information that appears at the end of these Terms of Service.

Squrl Software Updates: Squrl may change, update or otherwise modify the Squrl Software at any time. If we do so, you may have to download a patch or new version in order to continue using the Squrl Service. In addition, you agree that we may, without providing additional notice to you, automatically install updates to the Squrl Software on your device or otherwise modify or disable the Squrl Service. Squrl makes no guarantees that any new version will be backwardly compatible with prior versions.

Third Party Content: The Squrl Service enables access to third party services and web sites. You understand that by using the Squrl Service, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. You acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such third party materials or web sites. Squrl does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third party services, web sites or content. You agree to use the Squrl Service at your sole risk and that we shall not have any liability to you for content that may be found on any third party services and web sites, or for the acts third parties (including other Squrl users).

Unauthorized Use of Squrl: You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute anything available on Squrl. Further, you may not use any such automated means to manipulate Squrl or attempt to exceed the limited authorization and access granted to you under these Squrl Terms of Service. You may not resell use of, or access to, Squrl to any third party. You may not use the Squrl Service for any commercial purpose without the prior written consent of Squrl.

Termination of Access: In addition to any right or remedy that may be available to us under these Squrl Terms of Service or applicable law, we may suspend, limit or terminate your account, or all or a portion of your access to the Squrl Service, at any time with or without notice and with or without cause. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities.

Privacy: The privacy of your personal information is very important to us. For more information on what information we collect and how we use such information, please read our Privacy Policy.

Communications with Squrl: Any communication or material you transmit to us by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, nonconfidential and nonproprietary. Except to the extent expressly covered by our Privacy Policy, anything you transmit or post may be used by us for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast, posting and/or ranking. Furthermore, you expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information.

Proprietary Rights: We are the exclusive owner or authorized licensors of the Squrl Service, including all copy, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained therein. Without limiting the foregoing, you acknowledge that the Squrl Service and the Squrl trademark are the exclusive property of Squrl, and that you will not take any act inconsistent with our ownership rights or that would damage our ownership rights. Except as set forth herein, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. Squrl may not be otherwise reverse engineered, decompiled or modified, nor may derivative works be created based on Squrl, without the prior written consent of Squrl. All rights not granted under these Squrl Terms of Service are reserved by Squrl.

DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE. Materials may be made available via the Squrl Service by third parties not within our control. We are under no obligation to, and do not, scan content used in connection with the Squrl Service for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party's copyright to remain on the Squrl Service.

If you believe any materials on the Squrl Service (as opposed to content linked through the Squrl Service) infringe a copyright, you should provide us with written notice that at a minimum contains:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to our designated agent as follows:

Squrl, Inc
Attn: Legal
645 7th Street, 2nd floor
San Francisco, CA 94103
email: legal@squrl.com

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

If you believe that content linked to through the Squrl Service infringes a copyright, you should contact that linked service that hosts such content, and not Squrl.

No Warranties: SQURL, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH SQURL, IS PROVIDED "AS IS" AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SQURL SERVICE . FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SQURL SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT SQURL OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLE INC. AND OTHER DEVICE OR SOFTWARE PROVIDERS HAVE NO OBLIGATION WHATSOVER TO FURNISH ANY MAINTENANCE AND SUPPORT SERVICES WITH RESPECT TO THE SQURL SERVICE, AND ARE NOT LIABLE FOR ANY CLAIMS IN CONNECTION WITH THE SQURL SERVICE. WE SHALL NOT BE LIABLE FOR THE USE OF THE SQURL SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for all liabilities, shall not exceed the greater of: (i) the amount paid by you for your use of the Squrl Service during the prior three (3) months or (ii) ten dollars ($10).

Changes: We may change, suspend or terminate Squrl at any time without notice. In addition, these Squrl Terms of Service may be changed at any time without prior notice. We will make such changes by posting them on the Squrl Service or otherwise informing you of such changes. You should check for such changes frequently. Your continued access of the Squrl Service after such changes conclusively demonstrates your acceptance of those changes.

Indemnification: You agree to indemnify, defend and hold us and our representatives and agents harmless from and against any and all third party claims, demands, liabilities, costs or expenses, including attorney fees and costs, arising from, or related to: (i) any breach by you of these Squrl Terms of Service, (ii) your use of materials or features available on Squrl (except to the extent a claim is based upon infringement of a third party right by materials created by us) or (iii) a violation by you of any applicable law, agreement or obligation.

Governing Law: The laws of the State of New York shall govern these Squrl Terms of Service. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN NEW YORK COUNTY, NEW YORK FOR ALL MATTERS ARISING IN CONNECTION WITH THESE SQURL TERMS OF SERVICE OR YOUR ACCESS OR USE OF SQURL. Any claims asserted by you in connection with Squrl must be asserted in writing to Squrl within one (1) year of the date such claim first arose, or such claim is forever waived by you. Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party.

Severability: If any part of these Squrl Terms of Service shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Squrl Terms of Service.

Waiver; Remedies: The failure by us to partially or fully exercise any rights or the waiver of any breach of these Squrl Terms of Service by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Squrl Terms of Service. Our rights and remedies under these Squrl Terms of Service shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

Export: You may not use or otherwise export or re-export the Squrl Service except as authorized by United States law and the laws of the jurisdiction in which the Squrl Service was obtained. In particular, but without limitation, the Squrl Service may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Squrl Service, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Squrl Service for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

Government Use: The Squrl Service and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

Apple Inc.: Apple Inc. is a third party beneficiary to these Terms of Service.

Contact Information: Should you have any questions regarding these Squrl Terms of Service, to report a violation of these Squrl Terms of Service or abuse of the Squrl Service, to receive help in uninstalling the Squrl Software or for any other matter, you may contact us at:

legal@squrl.com
(408) 657-7875

PRIVACY POLICY

last updated: April 6, 2011

We have created this privacy policy in order to demonstrate our commitment to your privacy. The following discloses our practices for the collection and use of information solely in connection with the Squrl application and website (the "Squrl Service"). By using or accessing the Squrl Service, you signify your assent to our Privacy Policy.

IF YOU DO NOT AGREE TO THIS PRIVACY POLICY YOU MAY NOT ACCESS OR OTHERWISE USE THE SQURL SERVICE. THE SQURL SERVICE IS SUBJECT TO THE SQURL TERMS OF SERVICE.

Collection of Personal and Non-Personal Information: When using the Squrl Service, in order to register to utilize some of the services you may be asked to provide, or you may choose to upload, certain personally identifiable information about yourself ("PII"). PII can include your name, email address and login information for your social networking services.

In addition, we may also collect non-personally identifiable information, such as your usage of the Squrl Service, IP host address, pages viewed, device specifications and other data, and may aggregate any information collected in a manner which does not identify any individual ("PII").

Information Usage: We will only use your PII as described below, unless you have specifically consented to another type of use, either at the time the PII is collected from you or through some other form of consent from you or notification to you:

Non-PII or aggregate information may be shared with any number of parties, provided that such information shall not specifically identify you.

Social Media: You should be aware that PII which you voluntarily include and transmit online may be viewed and used by others. The Squrl Service is, by its very nature, an open service and other users can see what videos you view, collect, rate or otherwise interact with on or through the Squrl Service at any time. We are unable to control such uses of your PII once you choose to make it publicly accessible, and by using the Squrl Service you assume the risk that the PII provided by you in publicly accessible forums may be viewed and used by third parties.

Cookies: "Cookies" are pieces of information that may be placed on your computer by a service for the purpose of facilitating and enhancing your communication and interaction with that web site or service. Many web sites and services use cookies for these purposes. We may use cookies, web beacons, clear gifs and similar technology to customize your visit to and use of the Squrl Service and for other purposes to make your usage more convenient or to enable us to enhance our Squrl Service. Advertising that appears on the Squrl Service, if any, may have cookies that are placed by such advertisers or their ad serving companies. You may stop or restrict the placement of cookies on your computer or flush them from your browser or device by following the instructions for your device to adjust your preferences, in which case you may still use our Squrl Service, but it may interfere with some of its functionality. We do not use cookies to automatically retrieve PII from your computer without your knowledge.

Security Practices: The security of your PII is very important to us. We have put in place reasonable physical, electronic, and managerial procedures to safeguard the information we collect. However, due to the inherent open nature of the Internet, we cannot guarantee that communications between you and us or information stored on the Squrl Service or our servers, will be completely free from unauthorized access by third parties such as hackers and your use of the Squrl Service demonstrates your assumption of this risk.

No Children under age 13: We have no intention of collecting PII from children under the age of 13. When we become aware that PII from a child under 13 has been collected without such child's parent or guardian's consent, we will use all reasonable efforts to delete such information from our database. For more information on protecting your privacy, please visit www.ftc.gov/privacy.

Changes to policy; Opt-Out Process: We reserve the right, at our discretion, to change, modify, add, or remove portions from this policy at any time. However, if at any time in the future we plan to use PII in a way that differs from this policy, we will post such changes here and provide you the opportunity to opt-out of such differing uses. Your continued use of the Squrl Service following the posting of any changes to this policy means you accept such changes.

We give you the option to remove your PII from our list of active users completely. All unsubscribe or opt-out requests should be sent to us at legal@squrl.com and we will process your request within a reasonable time after receipt. We are not responsible for removing your PII from the lists of any third party who has previously been provided your information in accordance with this policy.

United States of America: The Squrl Service is maintained in the United States of America. By using the Squrl Service, you freely and specifically give us your consent to export your PII to the USA and to store and use it in the USA as specified in this Privacy Policy.

Squrl Terms of Service: Use of the Squrl Service is governed by, and subject to, the Squrl Terms of Service. Your use, or access, of the Squrl Service constitutes your agreement to be bound by these provisions.

Contact: For questions or concerns relating to privacy, we can be contacted at legal@squrl.com.

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