Effective October 1, 2016
Please read this Agreement carefully before accessing or using the Service through the Provider’s Site. By accessing or using any part of the Service, you agree to become bound by the terms and conditions of this agreement, including but not limited to the Warranty disclaimers, Limitations of Liability and Termination provisions below. If you do not agree to all the terms and conditions of this agreement, then you may not access the Service through the Site. If these terms and conditions are considered an offer by Provider, acceptance is expressly limited to these terms. The Service is available only to individuals who are at least 13 years old.
Access to your Engage Social Service Account
Subject to the terms and conditions of this Agreement, the Service is solely for a User’s use, who has accepted this Agreement. As used herein, “User” includes Users who are part of Provider’s paying customers (“Customer”). This Agreement sets forth certain terms and conditions that apply to a Customer, but not other Users. In the event any Customer-specific terms or conditions conflict with any of the terms or conditions that apply to Users generally, the Customer-specific terms/conditions shall control.
User agrees that the use of the Service is a limited, non-exclusive, non-sublicensable license to access and use the Service.
Provider may change, suspend or discontinue the Service at any time, including the availability of any feature, database, or content. Engage Social may also impose limits on certain features and services or restrict User’s access to parts or all of the Services without notice or liability.
User certifies to provider that the User is at least 13 years of age. User also certifies that it is legally permitted to use the Service, and takes full responsibility for the selection and use of the Service. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.
User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Service, including, without limitation, modems, hardware, software, and long distance or local telephone service. User shall be responsible for ensuring that such equipment or ancillary services are compatible with the Service.
The Service includes access to the Title, Abstract, Image and Link to third party content, collectively (“Content”). Provider hereby grants User access to Content to support User’s use of the Service. Provider has not licensed the Content provided by the Service and does not grant any rights to third party content to the User. The Content is provided under ‘fair use’ guidelines. All Content include a link to the Content Publisher website that hosts the original and complete content in its entirety.
User agrees that all Content delivered via the Service or otherwise made available by Provider at the Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Provider does not support the distribution of pornographic content. Except as expressly authorized by Provider in writing, User agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content.
- Infringement: Provider is not responsible for any copyright infringement for the Content. Provider’s sole remedy is to remove the source of any infringing content from the Service
User shall not, nor permit anyone else to, directly or indirectly: (i) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of the Service (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (ii) modify or create derivatives of any part of the Service; (iii) rent, lease, or use the Service for timesharing or service bureau purposes; or (iv) remove or obscure any proprietary notices on the Service. As between the parties, Company shall own all title, ownership rights, and intellectual property rights in and to the Service, and any copies or portions thereof.
User shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service. Provider reserves the right to bar any such activity.
User shall not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any Provider server, or to any of the services offered on or through the Service, by hacking, password “mining”, or any other illegitimate means.
User shall not probe, scan or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service.
User shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or Provider’s systems or networks, or any systems or networks connected to the Service or to Provider.
User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person’s use of the Service.
User shall not use the Service or any Content for any purpose that is unlawful or prohibited by this Agreement.
Fees and Payment
Optional premium paid components of the Service are available on the Site (“Premium Service”). By selecting a Premium Service you agree to pay Provider the monthly or annual subscription fees indicated for that Premium Service. You also have rights to the Service as a Customer. Payments will be charged on the day you sign up for a Premium Service and will cover the use of that service for a monthly or annual period as indicated. Premium Service fees are not refundable.
As a condition to using certain products and services of the Service, User may be required to register with Provider and select a password. User shall provide Provider with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User’s account. Provider reserves the right to refuse registration of, or cancel a User in its discretion. User shall be responsible for maintaining the confidentiality of User’s Provider password and other account information.
Provider may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Provider account (if you have one), you may simply discontinue using the Site. Notwithstanding the foregoing, if you have a Premium Service account, such account can only be terminated by Provider if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Provider’s notice to you thereof; provided that, Provider can terminate the Site immediately as part of a general shut down of our Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Provider reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Site and Service following the posting of any changes to this Agreement constitutes acceptance of those changes. Provider may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
If User is a Customer, Provider makes the following warranty to Customer: Provider shall use commercially reasonable efforts consistent with prevailing industry standards to provide the services in a professional and workmanlike manner that is free of defects. Customer’s sole remedy, and Provider’s exclusive liability, for defects in the Service shall be for Provider to use commercially reasonable efforts to promptly correct such defects.
Customer represents and warrants that: (i) with respect to all information it provides to Provider (such as, User and Recipient Information), Customer has the full right and authority to make such provision and to allow Provider to use such information to provide the Service (including, without limitation, for Provider to provide such information to its data providers), (ii) none of the content (e.g. emails, social posts) transmitted, uploaded or otherwise distributed by it (or its partners or any third party) through use of the Service will infringe or otherwise conflict with the rights of any third party.
The Service is provided “as is”. Provider and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Provider nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk.
In no event will Provider, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Provider under this agreement during the twelve (12) month period prior to the cause of action. Provider shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Provider or its content suppliers and protected by United States (“U.S.A.”) and international copyright laws. The compilation of all content on the Site is the exclusive property of Provider and protected by U.S.A. and international copyright laws. All software used on (or provided through) the Site is the property of Provider or its software suppliers and protected by U.S.A. and international copyright laws.
You agree to indemnify and hold harmless Provider, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Site and Service, including but not limited to out of your violation this Agreement.