Terms of Service
ReDPluck may at any time modify these Terms, and your continued use of this Website and the Services (defined below) will be conditioned upon the terms and conditions in force at the time of your use.
Your registration for, or use of, the Services shall be deemed to be your approval and execution of this Agreement including your covenant to abide by the Terms including those related to any materials available on the Website.
For reference, a Definitions section is included at the end of these Terms.
Capitalized terms not otherwise defined herein have the meaning set forth in that section.
You agree that your use of the technologies, tools, applications, and products made available from time to time on ReDPluck (as further defined in these Terms and Services as the “Services”) are used solely in conjunction with the extraction of data from publicly accessible websites (including sites which may require a user login).
In all cases where copyrighted data may be included as part or all of the extracted data, you agree to comply with all copyright laws and rules covering such data including (but not limited to) the reproduction and resale of such data.
You agree that ReDPluck will not be held responsible for legal liabilities incurred through the use or misuse of data obtained through the Services.
You are responsible for all activity occurring under your user account(s) and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Services, including those related to data privacy, international communications and the transmission of technical or personal data.
You shall: (i) notify ReDPluck immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to ReDPluck immediately and use reasonable efforts to stop immediately any copying or distribution of Content or infringement of ReDPluck Technology that is known or suspected by you or your Users; and (iii) not impersonate another ReDPluck user or provide false identity information to gain access to or use the Services.
You acknowledge and agree that in order for ReDPluck to (among other things) maintain the integrity and dynamic nature of the Services, your use of the Services is subject to these Terms, which may be modified by ReDPluck at any time and for any reason.
License Grant and Restrictions
ReDPluck hereby grants you a non-exclusive, non-transferable, worldwide right and license to use the Services, solely for your own internal purposes, subject to the Terms of this Agreement. All rights not expressly granted to you are reserved by ReDPluck and its licensors.
The websites you scrape
As a service provider, in the event that you have a dispute with a website you are scraping in relation to the use (or misuse) of any of the Services, you release ReDPluck (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
User Submitted Data
The Website allows you and other users to import, post, publish, create new applications based on, and otherwise use data from third party websites and other sources. This data is referred to herein as "User Content."
You are solely responsible for User Content and the consequences of ReDPluck or any third party importing, posting, publishing, creating new applications based on, and otherwise using such User Content. In connection with any such User Content, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions related to the User Content and its use by you, ReDPluck, and any other third party
In connection with User Content, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant ReDPluck all of the rights and licenses granted herein; (ii) publish falsehoods or misrepresentations that could damage ReDPluck or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person. ReDPluck does not endorse any User Content or any data, opinion, recommendation, or advice expressed therein, and it expressly disclaims any and all liability in connection with any User Content. ReDPluck does not permit copyright infringing activities or infringement of intellectual property rights on the Website, and will remove all Content and User Content if properly notified that such Content or User Content infringes on another's intellectual property rights. ReDPluck may remove or choose not to publish any Content or User Content without prior notice. ReDPluck may also terminate your access to the Website, if you are determined to be a repeat infringer. A repeat infringer is anyone who has been notified of infringing activity more than once and/or has had any User Content removed from the Website more than twice. ReDPluck also reserves the right to decide whether Content or User Content is appropriate and complies with this Agreement for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material. ReDPluck may remove or choose not to publish any such User Content and/or terminate your access for uploading such material in violation of this Agreement at any time, without prior notice and at its sole discretion.
Legal Disclaimer and Warning.
Web Data Extraction from public websites is very common and in most cases is 100% legal. However it is up to you to determine the legality of the way you plan to use our Services. ReDPluck will never knowingly build or host any data extraction agent that is obviously illegal. ReDPluck assumes that the agent you build will be used legally and ethically and that you have obtained permission to use it on the targeted data source, if necessary. ReDPluck reserves the right to refuse service to anyone wishing to use the Services in an illegal manner.
ReDPluck may immediately suspend your use of the Services if it is contacted by your chosen data extraction source, website, target or repository and asked to cease all extraction activity. If such an event occurs, ReDPluck will not disclose your information without a court order mandating it to do so. If however ReDPluck receives a court order demanding the release of your information to a third party, it will comply. If such action becomes necessary, you agree to indemnify and hold ReDPluck and (as applicable) its parent(s), subsidiaries, affiliates, officers, directors, agents, contractors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party arising from any complaint, suit, disagreement or other reprecussions resulting from your use of the Services.
ReDPluck strictly prohibits using any ReDPluck Services or products: (i) to generate fraudulent impressions of or fraudulent clicks on your ad(s) or third-party ad(s) through any automated, deceptive, fraudulent or other invalid means, including but not limited to through repeated manual clicks, the use of robots, agents or other automated query tools and/or computer generated search requests, and/or the unauthorized use of other search engine optimization services and/or software; (ii) to extract data that are illegal in any state or country where you reside; or (iii) to engage in any other illegal or fraudulent business practice under the laws of any state or country where you reside. Violation of these policies may result in immediate termination of your use of the Services and the Website without notice, and may subject you to state and federal penalties and other legal consequences.
Account Information and Data
ReDPluck does not own any data, information or material that you submit to the Services in the course of using the Services ("Customer Data") and may not use or disclose Customer Data other than (a) to comply with law or comply with legal process, (b) to protect and defend ReDPluck's rights or the rights of ReDPluck's Customers and third parties, or (c) to avoid liability or the liability of ReDPluck Customer's or third parties. ReDPluck may gather and use any information describing the habits, usage patterns or demographics relating to any Customer Data. You, not ReDPluck, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and ReDPluck shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data.
ReDPluck makes no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the services or any content. ReDPluck does not represent or warrant that (a) the use of the services will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the services will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through the services will meet your requirements or expectations, (e) errors or defects will be corrected, or (f) the services or the server(s) that make the services available are free of viruses or other harmful components. the services and all content is provided to you strictly on an "as is" basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by ReDPluck.
You agree to pay all applicable charges under these Terms, including any applicable taxes or charges imposed by any government entity, and that ReDPluck may change its pricing at any time. There are no refunds for payments made once service has been rendered. If you dispute any charge made for your use of the Services, you must notify ReDPluck in writing within fifteen (15) days of any such charge; failure to so notify ReDPluck shall result in the waiver by you of any claim relating to any such disputed charge. Charges shall be calculated solely based on invoicing records maintained by ReDPluck for purposes of billing. No other measurements or statistics of any kind shall be accepted by ReDPluck or have any effect under these Terms.
Representations and Warranties
You represent and warrant that (a) all of the information provided by you to ReDPluck to use the Services is correct and current and that that you have not falsely identified yourself nor provided any false information to gain access to the Services and that your billing information is correct.
You agree to indemnify, defend and hold ReDPluck, its agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties (e.g., all relevant Partner(s), licensors, licensees, consultants and contractors) ("Indemnified Person(s)") harmless from and against any third party claim, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of your use of the Services and/or your breach of any of these Terms. You acknowledge and agree that each Indemnified Person has the right to assert and enforce its rights under this Section directly on its own behalf as a third party beneficiary.
You will be responsible for all reasonable expenses (including attorneys' fees) incurred by ReDPluck in collecting unpaid amounts under these Terms. These Terms shall be governed by the laws of the State of Delaware, except for its conflicts of laws principles. Any dispute or claim arising out of or in connection with these Terms shall be adjudicated in Delaware. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and any non-ReDPluck purchase order, invoice or other document relating to the subject matter hereof and any additional terms contained therein shall be null and void. Each party hereto is duly authorized to enter into and agree to these Terms and perform its obligations hereunder. Any modifications to these Terms must be made in a writing approved by ReDPluck and executed by both parties. Unless otherwise expressly set forth herein, any notices shall be sent to (a) in the case of ReDPluck: 1521 Concord Pike #303, Wilmington, DE; and (b) in your case, to the address then on record with ReDPluck for your account. Notice shall be given via (x) confirmed facsimile, with a copy sent via first class or air mail; or (y) overnight courier, and such notice shall be deemed given upon receipt. The waiver of any breach or default of these Terms will not constitute a waiver of any subsequent breach or default. If any provision herein is held unenforceable, then such provision will be modified to reflect the parties' intention, and the remaining provisions of these Terms will remain in full force and effect. Customer may not resell, assign, or transfer any of its rights hereunder. Any such attempt may result in termination of these Terms, without liability to ReDPluck. This Agreement shall be construed as if both parties jointly wrote it.
As used in this Agreement: "Agreement" means these online Terms and any materials available on the ReDPluck website specifically incorporated by reference herein, as such materials, including the Terms of this Agreement, may be updated by ReDPluck from time to time in its sole discretion; "Customer Data" means any data, information or material provided or submitted by you to the Services in the course of using the Services; "Effective Date" means the earlier of either the date this Agreement is accepted by selecting the "I Accept" option presented on the screen after this Agreement is displayed or the date you begin using the Services; "Intellectual Property Rights" means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world; ReDPluck Technology" means all of ReDPluck's proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to you by ReDPluck in providing the Services; "User(s)" means you or your representatives, consultants, contractors or agents who are authorized to use the Services and have been supplied user identifications and passwords by you (or by ReDPluck at your request).