Our organization, known as the “Company” or “us” or “we”, provides distinct marketing, advertising, promotional, and related services (referred to as the “Service”) through our designated software and website (known as the “Website”). Those who use the Service are called “Users”, “you”, or “your”. The rules outlined in these “Terms of Use” (“Terms”) govern how Users can access and use the Website and Services. Prior to using the Website, Users must accept these Terms.
It is important that you carefully review these Terms as they govern your use of the Website and Services. Your access, registration, download, sharing, or any other use of the Website, or use of any software scripts we provide to make the Website available or usable, indicates your agreement to these Terms and our Privacy Policy, which may be updated by us at any time. If you continue to use the Website after any changes to these Terms, it will be assumed that you have accepted the updated terms. If you do not agree with these Terms, please do not click “ACCEPT” and refrain from using the Website.
1. Website and Services Usage
If you comply with the terms and conditions listed here, you are authorized to utilize the Website to utilize the Services in a non-exclusive manner. However, please note that the Company retains the right to modify, update, or alter the Website or Services, including discontinuing any aspect or the entirety of the Website and/or Services, or removing or modifying any content accessible through the Website or Services, at its discretion and without prior notice.
When using the Services or Website, you agree that the Company may verify whether Users have met their Commitments and Guarantees, but this is not mandatory. The Company is not responsible for ensuring that Users meet these requirements or for preventing those who do not from using the Services or Website. It is your responsibility to evaluate and decide whether to interact with Third Parties. If you discover any violations of the Commitments and Guarantees, please report them to the Company.
Limitations
Without detracting from Section 1, you shall not, and shall not permit any third party to: (a) reverse engineer or attempt to find the underlying code of the Website or Services; (b) use the Website or Services in violation of any applicable law or regulation, including but not limited to, post, publish, share or otherwise transfer any illegal or offensive material; (c) copy, modify, or create derivative works of the Website, Services, or content of any of the Website or Services; (d) attempt to disable or circumvent any security or access control mechanism of the Website or Services; (e) design or assist in designing cheats, exploits, automation software, bots, hacks, modes or any other unauthorized third-party software to modify or interfere with the Website or Services; (f) use the Website or Services or engage with other Users for any purpose that is in violation of any applicable law or regulation; (g) attempt to gain unauthorized access to the Website or Services, other User Accounts, as defined below, or other devices, computer systems, phone systems, or networks connected to the Website or Services; and (h) harvest or otherwise collect information about Users without their consent.
3. Marketing Materials and Newsletters
In addition to the provisions of Section 3 above, the User gives express consent to the Company to provide the User with marketing materials and newsletters (the “Marketing Materials and Newsletters”) by any means available, including via email, text and SMS messages, fax, post, automated dialing services or any other means, all in accordance with the Company’s sole discretion from time to time, and to receive such Marketing Materials and Newsletters.
4. Intellectual Property Rights
The Company is the owner of all worldwide rights, titles, and interests in: (a) the Website and Services, enhancements, derivatives, bug fixes, or improvements to the Website and Services; and (b) trade names, trademarks, and logos of the Company, and such rights shall remain solely with the Company at all times. All references in these Terms or any other communications to the sale, resale, or purchase of the foregoing shall mean only the right to use the Website and Services pursuant to these Terms.
5. Privacy
You agree not to store, gather, or otherwise retain and utilize any content supplied by the Services and Website without obtaining prior written permission from the Company. Additionally, you recognize that the Company, at its sole discretion, may store, gather, or otherwise retain and utilize any content and public data, including information that might personally identify you or another User or Third Party, or describe your personal interests. The Company has the right to use such content and public data in accordance with any relevant laws, as detailed in the Company’s Privacy Policy. Notwithstanding the provisions of Section 1, the Company does not examine, verify, endorse, or otherwise validate any such content or public data. The User who posts, uploads, shares, or otherwise makes available such content or public data assumes sole responsibility for it, including any third-party information and necessary consents. The Company will not be held liable for any losses or damages resulting from non-compliance with the above, and you agree to indemnify and protect the Company from any damages or losses arising from the above.
6. External Connections
The Website or Services may feature links or other content associated with websites, advertisers, publishers, or Products from third parties. The Company has no control over and offers no representation concerning such content or any information provided or transmitted via such content, or otherwise supplied by any third party.
7. Restricted Usage
Commercial endeavors are not permitted through the Website and Services (unless the Company explicitly permits connecting Users to Third Parties) without the express written consent of the Company. The Website and Services may not be used by any individual or organization to recruit for another website, solicit, advertise, or contact Users for employment, contracting, or any other purpose for a business not affiliated with the Company without express written permission from the Company. You agree not to use the Services and Website to contact, advertise, solicit, or sell to any other User without their express consent, unless otherwise allowed under these Terms.
8. Disclaimers
The Company makes reasonable efforts to ensure its technology keeps the Website and Services safe and secure. However, no technology is completely secure. As a result, while we strive to use commercially acceptable methods to protect your personal information, we cannot guarantee its absolute security. Except as explicitly stated in these Terms, your use of the Website and Services is at your sole discretion and risk. The Website and Services are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind. The Company expressly disclaims all implied or statutory warranties of any kind related to the Website and Services, including without limitation the warranties of title, merchantability, fitness for a particular purpose, non-infringement of proprietary rights, course of dealing, or course of performance.
9. Liability Limitation
The Company does not guarantee the value, quality, compatibility, or any other aspect of the Third Parties, Products, or any other information provided, consumed, or otherwise made available (hereinafter in this Section: the “Features”). Any Feature is under the sole responsibility of the applicable Third Party or User using it, as applicable, or using the Services or Website. The Company does not undertake to monitor such compliance and may act where non-compliance is detected as shall be decided in accordance with its sole discretion, as described in these Terms. You understand and agree that you may be exposed to content or other information that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited for you.
10. Miscellaneous
Any cause of action against the Company must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and the Company or enables you to act on behalf of the Company. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between the Company and you pertaining to the subject matter hereof.