Terms of Use for CustomCraftBot Service
Welcome to CustomCraftBot, a service provided by Custom Craft Bot, LLC ("the Company"). This document sets forth the Terms of Use under which you may use CustomCraftBot ("the Service"). The terms 'we', 'us', and 'our' refer to the Company. By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these terms.
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User Responsibilities and Assurances:
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Users of CustomCraftBot must ensure that they possess explicit rights and permissions to access, scrape, and redistribute content from third-party websites linked to the service. This includes obtaining necessary permissions from copyright owners or licensors as applicable.
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It is imperative that users comply with all applicable local, national, and international laws when using the Service. This compliance must cover areas including, but not limited to, copyright, data protection, and anti-spam legislation. Users should consult legal counsel if unsure about specific requirements.
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Users are required to respect website governance measures such as the
robots.txt
directives of websites they scrape. Failing to comply with such governance measures can result in civil and criminal penalties. -
Users must not attempt to gain unauthorized access to any part of CustomCraftBot, other users' accounts, or any networks or systems connected to the service. Any attempts to breach security or circumvent measures designed to protect the integrity of the service may result in immediate termination of access and legal action.
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Intellectual Property Rights:
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All intellectual property rights related to the CustomCraftBot service, including but not limited to software, text, images, logos, and documentation, are the sole property of Custom Craft Bot, LLC or its licensors. The provision of the service does not transfer any rights of ownership or license to any user except as explicitly stated in these Terms.
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Users are granted a limited, revocable, non-exclusive license to access and use CustomCraftBot and its content for their lawful, internal business purposes. This license is subject to compliance with these Terms of Use and does not include any resale of the service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools.
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No part of CustomCraftBot may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Custom Craft Bot, LLC. The use of framing or similar navigation technology to enclose any part of the service or any content without the express written consent of Custom Craft Bot, LLC is prohibited.
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All trademarks, logos, and service marks displayed on the service are the property of their respective owners and are protected by U.S. and international copyright and trademark laws. Users must not use such marks without the prior written permission of the respective owner.
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Users are prohibited from reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code of any software or security components related to the CustomCraftBot service, except as expressly permitted by law.
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Copyright and Content Ownership:
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Users affirm that any content accessed or distributed using the Service does not infringe on third-party copyrights or intellectual property rights.
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Any content distributed or shared via the Service remains the sole responsibility of the user. CustomCraftBot does not claim ownership or responsibility for user-shared content.
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CustomCraftBot reserves the right to remove or disable access to any content that violates intellectual property rights or other legal rights at its discretion or upon receiving a valid takedown request.
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Prohibited Uses and Indemnification:
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Users are expressly prohibited from using CustomCraftBot to access, scrape, or distribute content from pages that require user subscriptions or are protected by access control mechanisms without proper authorization. This includes, but is not limited to, content behind paywalls or content available only to registered users.
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Users agree to indemnify, defend, and hold harmless Custom Craft Bot, LLC and its affiliates, officers, agents, employees, and partners from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the user's use of CustomCraftBot in violation of these terms or applicable laws.
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Users must not use CustomCraftBot in any manner that could damage, disable, overburden, or impair the service or interfere with any other party's use and enjoyment of the service.
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Users are prohibited from using the service for any illegal or unauthorized purpose, including but not limited to, distributing malware, spamming, or engaging in phishing or fraud activities.
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Limitation of Liability:
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CustomCraftBot functions as an automated tool that operates based on configurations and inputs provided by users. We disclaim all liability for any unauthorized or illegal use of the service, including but not limited to data scraping practices that infringe on third-party rights or violate legal standards.
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Although CustomCraftBot provides features such as manual review options and guidelines for ethical scraping, these tools are intended to assist in compliant use and do not release users from their legal obligations to use the service lawfully. Users are ultimately responsible for ensuring that their activities adhere to applicable laws and regulations.
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Under no circumstances will CustomCraftBot be liable for any direct, indirect, incidental, special, consequential, or punitive damages resulting from the use or inability to use the service, whether or not we have been advised of the possibility of these damages. This limitation of liability applies to the fullest extent permitted by law.
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CustomCraftBot’s liability for any claim arising out of these terms or your use of the service will be limited to the amount paid by you, if any, to use the service in the 12 months preceding the claim. Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations and exclusions may not apply to you.
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Service Availability and Changes:
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CustomCraftBot strives to ensure reliability and availability but does not guarantee uninterrupted service. Scheduled maintenance and unforeseen downtime may occur, and we will endeavor to provide timely communication to affected users.
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We reserve the right to modify or discontinue, temporarily or permanently, the Service or any part thereof without prior notice. Users acknowledge that we are not liable for any modifications, suspensions, or discontinuance of the Service or any part thereof.
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In the event of significant changes to the service, we will make reasonable efforts to notify users in advance through appropriate channels, such as email or in-service notifications.
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Data Protection and Privacy:
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Users must ensure that any personal data collected, processed, or distributed through the use of CustomCraftBot complies with applicable data protection laws, including but not limited to the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and other relevant privacy regulations. Users are responsible for obtaining necessary consents and permissions before handling or sharing any personal data.
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CustomCraftBot does not store personal data beyond what is necessary for the functioning of the service and as explicitly set by user preferences. Users are advised to be cautious in their settings and to understand the implications of storing or processing personal data through the Service.
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CustomCraftBot implements reasonable security measures to protect stored data, but users acknowledge that no electronic transmission or storage of information can be entirely secure. Users agree to assume the risk associated with the transmission and storage of information while using the Service.
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In the event of a data breach that affects personal data stored within CustomCraftBot, we will notify affected users in accordance with applicable data protection laws.
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DMCA and Takedown Requests:
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Upon receiving a proper DMCA takedown notice, CustomCraftBot will promptly remove or disable access to the allegedly infringing content. We will then notify the user who posted the content that a takedown request has been complied with, allowing for the submission of a counter-notification if the user believes the takedown was due to a mistake or misidentification of the content.
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If a counter-notification is received, CustomCraftBot will forward it to the party who submitted the original DMCA takedown notice. If they do not notify us within 14 business days that they have filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the content on CustomCraftBot, the material may be restored or access to it restored.
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Users agree to cooperate fully in resolving any such disputes and may be required to provide evidence of their rights to use and distribute the disputed content. Non-compliance with these procedures can result in a permanent ban from the Service.
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All DMCA notices and counter-notices must comply with the then-current statutory requirements imposed by the DMCA. Notices must be submitted in writing to our designated agent at the contact details provided on our website.
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Dispute Resolution:
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In the event of a dispute, claim, or controversy arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, the parties shall first attempt to resolve the dispute informally for at least thirty (30) days before initiating arbitration.
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If the dispute cannot be resolved by mutual agreement, the parties agree to submit the dispute to binding arbitration. Arbitration shall be conducted by a single arbitrator, selected in accordance with the rules of the American Arbitration Association (AAA) or another established alternative dispute resolution provider mutually agreed upon by the parties.
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The arbitration shall be conducted in the English language, in the state and county of your business’s primary location, and any award or decision rendered shall be final and binding on the parties. The arbitration proceedings, including any filings, evidence, and a record of the proceedings, shall be confidential and shall not be open to the public.
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The prevailing party in any arbitration or legal proceedings will have the right to collect from the other party its reasonable costs and necessary disbursements and attorneys' fees incurred in enforcing these Terms.
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Notwithstanding the above, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief pending a final decision by the arbitrator.
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Termination of Services:
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CustomCraftBot may terminate or suspend a user's access to the Service at any time, without prior notice or liability, for any reason, including but not limited to a breach of these Terms of Use. Non-compliance with any part of the terms, misuse of the Service, or illegal activities may result in immediate termination or suspension of your account.
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Upon termination, your right to use the Service will cease immediately. You should be aware that termination may also involve deletion of your account information and any content you have stored or posted on the Service.
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If you wish to terminate your account, you may simply discontinue using the Service or may contact us via the provided contact information to formally close your account.
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All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
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Modification of Terms:
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CustomCraftBot reserves the right, at our sole discretion, to update, change, or replace any part of these Terms of Use at any time by posting updates and/or changes to our website. If a revision is material, we will provide at least 30 days' notice before any new terms take effect, either through direct communication via the contact information provided by you or via a notification on the Service.
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It is your responsibility to check our website periodically for changes and to ensure that you have provided up-to-date and accurate contact information. Your continued use of or access to the Service following the posting of any changes constitutes acceptance of those changes.
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If you do not agree to the new terms, you are free to discontinue using the Service. Continued use after the changes take effect will indicate your agreement to be bound by the updated terms.
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No Waiver:
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The failure of CustomCraftBot to enforce any right or provision of these Terms of Use will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
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Waivers require a formal written document signed by CustomCraftBot. No waiver of any term, provision, or condition of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such term, provision, or condition or as a waiver of any other term, provision, or condition of these Terms.
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