Terms of Service
Last updated: August 8, 2020
Updates to the Terms
We may update these Terms of Service in the future. Typically these changes have been to clarify some of these terms by linking to an expanded related policy. Whenever we make a significant change to our policies, we will also announce them on Twitter.
When you use our Services, now or in the future, you are agreeing to the latest Terms of Service. That's true for any of our existing and future products and all features that we add to our Services over time. There may be times where we do not exercise or enforce any right or provision of the Terms of Service; in doing so, we are not waiving that right or provision. These terms do contain a limitation of our liability.
If you violate of any of the terms, we may terminate your account.
Tray is a service for creating pages containing text, links, and audio. Tray partners with Stripe to provide payments functionaity, such as collecting tips. Technical support for Tray is provided via email.
- Company: When we say "our", "we", "us", we mean Vagabond Computer Club.
- Service: When we say "Tray", we mean the service being provided by the Company.
- Customer: When we say "you", "account", or "customer", we mean a customer of the Service.
- Site: When we say "site", we mean the collection of pages created by the customer utilizing the Service.
- User: When we say "user", "users", "end user", or "end users", we mean a user that accesses the Site owned by the Customer, facilitated by the Service.
- Terminate: When we say "terminate", or "termination", we mean the action of the Customer revoking the Service's access to the Customer's account with our payment partner.
- Delete: When we say "delete", or "deletion", we mean the action of the Service deleting all information from the Customer stored on the Service, exclusive of information stored with the Customer's account with our payment partner.
- You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You may not use the Services for any purpose outlined in our Use Restrictions policy.
- You are responsible for all content posted and activity that occurs under your account. That includes content posted by others who either: (a) have access to your login credentials; or (b) have their own logins under your account.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
Payments and Fees
Creating an account on Tray is free. If you aqccept payments on Tray, our payment provider, Stripe, collects fees.
Our payment partner is its own company, and Tray isn’t responsible for the payment partner’s performance. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Where required, Tray or our payment partner will collect those taxes on behalf of the taxing authority and remit those taxes to taxing authorities. Otherwise, you are responsible for payment of all taxes, levies, or duties associated with your use of Tray.
Termination and Deletion
- To delete your Tray account, contact firstname.lastname@example.org. When you delete your Tray account, all content for your account stored on Tray will be permanently deleted within 30 days. We cannot recover this information once it has been permanently deleted. Content stored in your Stripe account will not be deleted when you delete your Tray account. You are solely responsible for managing and deleting data in your Stripe account.
- We have the right to suspend, terminate, or delete your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time. We have this clause because statistically speaking, out of the hundreds of thousands of accounts on our Services, there is at least one doing something nefarious. There are some things we staunchly stand against and this clause is how we exercise that stance. For more details, see our Use Restrictions policy.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of Company employee or officer will result in immediate account termination.
Modifications to the Service and Prices
- The Company reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, any part of the Service with or without notice.
- Prices of all Services are subject to change upon 30 days notice from us, including notice posted to the Company website or through the Service itself.
- The Company shall not be liable to you, any User, or to any third party for any modification, price change, suspension or discontinuance of the Service.
- Any new features that augment or enhance the Service, including the release of new tools and resources, shall be subject to these Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
Uptime, Security, and Privacy
- Your use of the Services is at your sole risk. We provide these Services on an “as is” and “as available” basis. We do not offer service-level agreements for most of our Services — but do take uptime of our applications seriously.
- We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Services. Of course, we'll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
- We take many measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission from the public Internet. There are some edge cases where we may send your data through our network unencrypted.
- To help you with support requests you make. We'll ask for express consent before accessing your account.
- To safeguard Tray. We'll look at logs and metadata as part of our work to ensure the security of your data and the Services as a whole. If necessary, we may also access accounts as part of an abuse report investigation.
- To the extent required by applicable law.
- We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services. You can see a list of all subprocessors who handle personal data for Tray described on our Subprocessors.
Copyright and Content Ownership
- All content posted on the Services must comply with U.S. copyright law. We provide details on how to file a copyright infringement claim.
- We claim no intellectual property rights over the material you provide to the Services. All materials uploaded remain yours.
- We do not pre-screen content, but reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by the Company.
- You must not modify another website so as to falsely imply that it is associated with the Services or the Company.
Features and Bugs
We design our Services with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Services will meet your specific requirements or expectations.
We also test all of our features extensively before shipping them. As with any software, our Services inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we don't guarantee completely error-free Services.
We mention liability throughout these Terms but to put it all in one section:
You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (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 Services; (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 this Terms of Service or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.
If you have a question about any of the Terms of Service, please email email@example.com.