PeopleBrowsr Terms of Use Agreement
Last Updated - November 3, 2011
Terms of Use Agreement
This Agreement gives you important rights and responsibilities, so please read it carefully. BY COMPLETING THE REGISTRATION PROCESS AND/OR USING
THE COMMAND CENTER OR ANALYTIC.LY, VIRAL ANALYTICS, DATA MINE, RESEARCH REPORTS, SENTIMENT.LY, OR KRED.LY SOCIAL NETWORKING MONITORING AND ANALYSIS SERVICES
(COLLECTIVELY, THE "SERVICES") AVAILABLE ON OR THROUGH THIS WEBSITE ("SITE"), YOU AGREE THAT YOU (EITHER AN INDIVIDUAL OR A LEGAL ENTITY THAT YOU
REPRESENT AS AN AUTHORIZED EMPLOYEE OR AGENT) ("YOU") ARE ELIGIBLE FOR AN ACCOUNT AND YOU AGREE TO BE BOUND BY ALL OF TERMS AND CONDITIONS OF THIS
TERMS OF USE AGREEMENT ("AGREEMENT"). IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU MAY NOT ACCESS THE SITE,
THE SERVICES, OR ANY PART THEREOF. PEOPLEBROWSR PTY. LTD.'S ("PEOPLEBROWSR") PROVISION OF THE SITE AND THE SERVICES ARE EXPRESSLY CONDITIONED UPON
YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS, INCLUDING, WITHOUT LIMITATION, TERMS ON ANY
PURCHASE ORDER; IF THIS AGREEMENT IS CONSIDERED AN OFFER BY PEOPLEBROWSR, YOUR ACCEPTANCE IS EXPRESSLY LIMITED TO THE TERMS OF THIS AGREEMENT.
Legal agreement
In addition to the terms of this Agreement, you acknowledge and agree that your use of the Services is subject to the terms of social media
websites that you manage through the Services or whose data you receive through your use of the Services, including, without limitation, the
Twitter Terms of Service,
Facebook Terms,
FriendFeed Terms of Service,
YouTube Terms Of Use, Flickr Terms of Service, Photobucket
and any other applicable terms and conditions or terms of service (collectively, "Social Networking TOU").
Our
Privacy Policy and
Copyright Policy
are incorporated herein by reference. Your use of the Services is subject to the terms of the Privacy Policy and Copyright Policy.
Changing the terms of this Agreement
PeopleBrowsr may change the terms of this Agreement at any time. PeopleBrowsr may provide an email notice of the change to users with accounts.
Additionally, the current version of this Agreement can always be found at "Ts&Cs"
link on the Site and the date of the latest changes to the agreement (if any) will be noted at the top of the Agreement.
By continuing to use PeopleBrowsr after receipt of such email notice and/or posting of the new version, you are agreeing to abide by the current
terms of the Agreement. We recommend that you regularly check the "Ts&Cs" link for any changes, which may affect you.
Intellectual property
PeopleBrowsr or its licensors are the owner of all intellectual property rights in the software that runs or operates the Services and the Site and the trademarks, designs, branding, content, downloadable widgets and browser extensions that may be included with some of the Services, APIs, reports, text and communications on on this Site and available or provided through the Services. PeopleBrowsr is a trade mark of PeopleBrowsr and must not be used without the express written authorisation of PeopleBrowsr. Users and/or members may not copy, modify, publish, transmit, distribute, perform, display, link to, frame, pass off or sell PeopleBrowsr intellectual property without the prior written consent of PeopleBrowsr. PeopleBrowsr grants to you a limited, non-exclusive license to use the Site and the Services (including, the content and reports that are provided to you as part of the Services) for your personal or internal business use only. For the avoidance of doubt, if you have purchased a subscription to the Services, you may make copies of portions of the content provided to you in reports and you may incorporate such copies into presentations and reports, all solely for your own personal use and/or your internal business use or the internal business use of your clients.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
THE USE OF THE SITE AND SERVICES IS AT YOUR OWN RISK, AND YOU ACKNOWLEDGE AND AGREE THAT THE SITE, CONTENT AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND MAY BE SUBJECT TO CERTAIN RATE LIMITATIONS IMPOSED BY PEOPLEBROWSR'S LICENSORS AND SOCIAL NETWORKING COMPANIES' RESTRICTIONS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT, PEOPLEBROWSR, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENT, SUBSIDIARIES, AGENTS, AFFILIATES, AND THIRD PARTY SOCIAL NETWORKING PROVIDERS AND SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS FOR THE SITE, CONTENT, AND SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
a) PEOPLEBROWSR DOES NOT WARRANT THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS OR ACHEIVE ANY GOALS OR TARGETS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE, AND (iii) THE CONTENT, DATA, REPORTS OR RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
b) PEOPLEBROWSR WILL NOT BE LIABLE FOR LOSS OF YOUR DATA OR SUBMISSIONS OR FOR ANY DATA, REPORTS OR INFORMATION FROM A THIRD PARTY, INCLUDING, WITHOUT LIMITATION, FROM ANY SOCIAL NETWORKING WEBSITES. THE DATA CONTAINED IN REPORTS PROVIDED THROUGH THE ANALYTIC.LY, VIRAL ANALYTICS, DATA MINE, RESEARCH REPORTS, SENTIMENT.LY, AND KRED.LY SERVICES ARE SOURCED FROM THIRD PARTY SOCIAL NETWORKING PROVIDERS AND PEOPLEBROWSR HAS NO RESPONSIBILITY FOR THE DATA OR INFORMATION FROM THIRD PARTY SOCIAL NETWORKING PROVIDERS. Some contact that You may be exposed to through the Site or the Services may be indecent, offensive or otherwise objectionable, and PeopleBrowsr shall have the right, but not the obligation, to preview, flag, modify, filter, or remove any or all content from the Site or the Services, in its sole discretion, and in any event, PeopleBrowsr disclaims all liability to the fullest extent legally permissible. In particular, you agree that PeopleBrowsr is not liable or responsible in any way for any:
a) PEOPLEBROWSR DOES NOT WARRANT THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS OR ACHEIVE ANY GOALS OR TARGETS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, DISABLING CODE OR CONDITIONS, OR THE LIKE, AND (iii) THE CONTENT, DATA, REPORTS OR RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
b) PEOPLEBROWSR WILL NOT BE LIABLE FOR LOSS OF YOUR DATA OR SUBMISSIONS OR FOR ANY DATA, REPORTS OR INFORMATION FROM A THIRD PARTY, INCLUDING, WITHOUT LIMITATION, FROM ANY SOCIAL NETWORKING WEBSITES. THE DATA CONTAINED IN REPORTS PROVIDED THROUGH THE ANALYTIC.LY, VIRAL ANALYTICS, DATA MINE, RESEARCH REPORTS, SENTIMENT.LY, AND KRED.LY SERVICES ARE SOURCED FROM THIRD PARTY SOCIAL NETWORKING PROVIDERS AND PEOPLEBROWSR HAS NO RESPONSIBILITY FOR THE DATA OR INFORMATION FROM THIRD PARTY SOCIAL NETWORKING PROVIDERS. Some contact that You may be exposed to through the Site or the Services may be indecent, offensive or otherwise objectionable, and PeopleBrowsr shall have the right, but not the obligation, to preview, flag, modify, filter, or remove any or all content from the Site or the Services, in its sole discretion, and in any event, PeopleBrowsr disclaims all liability to the fullest extent legally permissible. In particular, you agree that PeopleBrowsr is not liable or responsible in any way for any:
- incorrect or inaccurate content posted or transmitted on the Site or sent via any emails
- conduct of any PeopleBrowsr user, including tags, profiles or other content which they may add to your PeopleBrowsr identity
- Theft, destruction or unauthorised access to or any use of user content or information
- Failure of the Services, whether caused by users or by any of the equipment or programming associated with or used by PeopleBrowsr
- Error, omission, interruption, deletion or delay in the operation or transmission of the Services provided by PeopleBrowsr
- Failure of communication lines or congestion of the Internet
- Loss or damage, including damage to your or other people's computer systems or loss of data, resulting from your use of the Site or Services including from downloading material or from the action of viruses, worms, robots, spiders similar devices or processes.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL PEOPLEBROWSR (OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENT, SUBSIDIARIES, AGENTS OR AFFILIATES) OR ITS THIRD PARTY SOCIAL NETWORKING PROVIDERS, PROVIDERS OR SUPPLIERS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOSS OF REVENUE, OR LOSS OF DATA, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF PEOPLEBROWSR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES.
THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, THESE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY.
Indemnity
You agree that you will indemnify, defend and hold PeopleBrowsr harmless from and against any direct or indirect loss or liability, claims, damages, costs and expenses including but not limited to legal fees arising from your use of and access to this Site, the Services, your breach of this Agreement or any agreement with a third party, including, without limitation, the Social Networking TOU, or of any third party rights. This obligation continues after this Agreement terminates or you discontinue use or membership of PeopleBrowsr.
General responsibilities and rights when using the Site and any of our Services
Age: You must be 13 years and over to use the Site or the Services.
Password security: Your account is private and should not be used by anyone else. Be careful when sharing your passwords, as you are solely responsible for all activity on the Site and the Services by any person using your password. To register for any of our Services, you must complete the registration process by providing us with current, complete and accurate information, including your e-mail address (which serves as your username) and password and, if applicable, payment information. You agree to notify us immediately upon learning of any unauthorized use of your account or any other breach of security.
Criminal convictions: You cannot use the Site or the Services if, because of a criminal conviction, you are currently on probation, parole supervision or serving time in prison.
Information Required from You: To provide certain Services to you, we may require you to provide us with certain information, such as information necessary to login to certain social networking websites accounts and other information that we request.
Identity protection: PeopleBrowsr may provide the details of any 'bogus' profile or picture to assist any appropriate government authority in cases where identity theft is alleged or reasonably suspected.
User termination: PeopleBrowsr has the right to cease providing Services, modify the Services or cancel your right to use the Site, the Services, your membership or subscription of Services without consulting or compensating you if it decides at its sole discretion that your conduct has not been in accordance with this Agreement. If PeopleBrowsr reasonably believes that your conduct has been illegal or has breached other people's rights, it may report you to the relevant government authorities or take whatever other action it considers appropriate. If PeopleBrowsr does not act on a particular breach by you or others, it does not waive its right to act on subsequent or similar breaches.
Password security: Your account is private and should not be used by anyone else. Be careful when sharing your passwords, as you are solely responsible for all activity on the Site and the Services by any person using your password. To register for any of our Services, you must complete the registration process by providing us with current, complete and accurate information, including your e-mail address (which serves as your username) and password and, if applicable, payment information. You agree to notify us immediately upon learning of any unauthorized use of your account or any other breach of security.
Criminal convictions: You cannot use the Site or the Services if, because of a criminal conviction, you are currently on probation, parole supervision or serving time in prison.
Information Required from You: To provide certain Services to you, we may require you to provide us with certain information, such as information necessary to login to certain social networking websites accounts and other information that we request.
Identity protection: PeopleBrowsr may provide the details of any 'bogus' profile or picture to assist any appropriate government authority in cases where identity theft is alleged or reasonably suspected.
User termination: PeopleBrowsr has the right to cease providing Services, modify the Services or cancel your right to use the Site, the Services, your membership or subscription of Services without consulting or compensating you if it decides at its sole discretion that your conduct has not been in accordance with this Agreement. If PeopleBrowsr reasonably believes that your conduct has been illegal or has breached other people's rights, it may report you to the relevant government authorities or take whatever other action it considers appropriate. If PeopleBrowsr does not act on a particular breach by you or others, it does not waive its right to act on subsequent or similar breaches.
Analytic.ly, Viral Analytics, Data Mine, Research Reports and Sentiment.ly Services Specific Terms
1.Paid Memberships & Subscriptions
We may offer paid subscriptions to our Analytic.ly, Viral Analytics, Data Mine, Research Reports or Sentiment.ly Services. All subscriptions are billed in advance on a monthly basis or as a flat fee. If you have a monthly payment subscription, your credit card will be charged on a recurring monthly basis starting on the 30th day after your account was initially created. You will be billed in advance (one time or on a monthly basis, as applicable) for the Service(s) (at the level and for the specific Services that you have selected). If you provide credit card information, you authorize PeopleBrowsr to charge such credit card for all Services selected by you via the Site, including for the initial Subscription period and any renewal subscription periods at the then current subscription rates. By using the Services, you consent to receiving electronic communications from PeopleBrowsr. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Services. These electronic communications are part of your relationship with PeopleBrowsr and you receive them as part of your subscription to the Services. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
All fees are non-refundable. No refunds for periods of inactivity will be issued. If you choose to upgrade or downgrade your Services plan, your credit card will be charged the difference between your previous rate and your new rate for the remainder of your subscription. On your next regular billing date you will be charged the new rate for your new plan. Downgrading your Services plan may cause the loss of some or all content, features, functionality, or capacity of your account.
The prices of all subscription plans may change upon thirty (30) days notice to you. Such notice may be provided at any time by posting the changes to the Site or by contacting you using the contact information you have provided to us. PeopleBrowsr will not be liable to you or to any third party for any modifications, price changes, or suspension or discontinuation of the Site or Services. Services fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies, or duties, excluding only United States income (federal or state) taxes.
2.Cancellations
You may cancel your subscription to our Services at any time by sending an email to contact@peoplebrowsr.com . All of your saved data will be immediately deleted from the Services upon cancellation, and this information cannot be recovered once your account is cancelled. If you cancel your account before the end of your current paid up month, your cancellation will take effect immediately and if you have a paid Services you will not be charged again.
We may offer paid subscriptions to our Analytic.ly, Viral Analytics, Data Mine, Research Reports or Sentiment.ly Services. All subscriptions are billed in advance on a monthly basis or as a flat fee. If you have a monthly payment subscription, your credit card will be charged on a recurring monthly basis starting on the 30th day after your account was initially created. You will be billed in advance (one time or on a monthly basis, as applicable) for the Service(s) (at the level and for the specific Services that you have selected). If you provide credit card information, you authorize PeopleBrowsr to charge such credit card for all Services selected by you via the Site, including for the initial Subscription period and any renewal subscription periods at the then current subscription rates. By using the Services, you consent to receiving electronic communications from PeopleBrowsr. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Services. These electronic communications are part of your relationship with PeopleBrowsr and you receive them as part of your subscription to the Services. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
All fees are non-refundable. No refunds for periods of inactivity will be issued. If you choose to upgrade or downgrade your Services plan, your credit card will be charged the difference between your previous rate and your new rate for the remainder of your subscription. On your next regular billing date you will be charged the new rate for your new plan. Downgrading your Services plan may cause the loss of some or all content, features, functionality, or capacity of your account.
The prices of all subscription plans may change upon thirty (30) days notice to you. Such notice may be provided at any time by posting the changes to the Site or by contacting you using the contact information you have provided to us. PeopleBrowsr will not be liable to you or to any third party for any modifications, price changes, or suspension or discontinuation of the Site or Services. Services fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies, or duties, excluding only United States income (federal or state) taxes.
2.Cancellations
You may cancel your subscription to our Services at any time by sending an email to contact@peoplebrowsr.com . All of your saved data will be immediately deleted from the Services upon cancellation, and this information cannot be recovered once your account is cancelled. If you cancel your account before the end of your current paid up month, your cancellation will take effect immediately and if you have a paid Services you will not be charged again.
Kred Specific Terms:
License to Kred Apps: PeopleBrowsr provides access to portions of its Site and Services via downloadable widgets and browser extensions (“Kred Apps”) and APIs which link the user back to the authorized Kred.ly Site. Subject to these Kred Specific Terms and this Agreement, PeopleBrowsr grants you a world-wide, non-exclusive, non-transferable, non-sublicensable right and license to download, access and use the Kred Apps and APIs together with your use of the Site and Services. Kred Apps may be placed on other websites, including online social network profiles and personal blogs, so long as they continue to link back to the Kred.ly Site. PeopleBrowsr reserves the rights to modify the Kred Apps and APIs and any features therein, or to disable or discontinue access of the Kred Apps and/or APIs to the Site at any time for any reason.
Restrictions: PeopleBrowsr asks that you use the Kred features respectfully, as outlined below:
• You may not display or use the Kred App or APIs in any manner that does not permit successful linking to the Kred.ly Site, nor insert any intermediate page, splash page or other content between the Kred App link and the Kred.ly Site, or otherwise use the Kred App or APIs for other purposes for which the Kred Apps were not designed.
• You may not place Kred Apps on sites that involve pornography, racism, violence, gambling or illegal activities or that you are not authorized to use or access.
• You may not use the Kred Apps or APIs to interfere with or disrupt the Kred.ly Site or other Sites or servers or networks connected to the Sites, or otherwise attempt to gain unauthorized access to any portion of the Sites.
• You may not decompile, reverse engineer, disassemble, modify, translate, embed, rent, lease, loan, distribute, or create derivative works or improvements from the Kred Apps or APIs or any portion thereof, or attempt to discover any source code, protocols, or other trade secrets in the Kred Apps or APIs (except and only to the extent the foregoing restriction is prohibited by applicable law).
• You may not sell, lease, loan, distribute, transfer, or sublicense Kred Apps or APIs or access thereto or for commercial purposes or any other form of monetary gain, without PeopleBrowsr’s prior, express, written permission.
• You may not use, export, or re-export Kred Apps or APIs in violation of applicable U.S. laws or regulations including United States Export Control laws.
• You may not use Kred Apps or APIs in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Kred Specific Terms or this Agreement.
Third Party Site Content: The Kred Apps and APIs may contain links to other websites which are completely independent of PeopleBrowsr. PeopleBrowsr makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Third Party Content, that you may not rely on said Third Party Content, and that under no circumstances will PeopleBrowsr be liable in any way for any Third Party Content or for any loss or damage of any kind incurred as a result of the use of any Third Party Content posted or otherwise made available via the Service.
THE KRED APPS AND APIS ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND. The disclaimers of warranties and limitations of liability set forth in the Agreement shall also apply to the Kred Apps and APIs.
License to Kred Apps: PeopleBrowsr provides access to portions of its Site and Services via downloadable widgets and browser extensions (“Kred Apps”) and APIs which link the user back to the authorized Kred.ly Site. Subject to these Kred Specific Terms and this Agreement, PeopleBrowsr grants you a world-wide, non-exclusive, non-transferable, non-sublicensable right and license to download, access and use the Kred Apps and APIs together with your use of the Site and Services. Kred Apps may be placed on other websites, including online social network profiles and personal blogs, so long as they continue to link back to the Kred.ly Site. PeopleBrowsr reserves the rights to modify the Kred Apps and APIs and any features therein, or to disable or discontinue access of the Kred Apps and/or APIs to the Site at any time for any reason.
Restrictions: PeopleBrowsr asks that you use the Kred features respectfully, as outlined below:
• You may not display or use the Kred App or APIs in any manner that does not permit successful linking to the Kred.ly Site, nor insert any intermediate page, splash page or other content between the Kred App link and the Kred.ly Site, or otherwise use the Kred App or APIs for other purposes for which the Kred Apps were not designed.
• You may not place Kred Apps on sites that involve pornography, racism, violence, gambling or illegal activities or that you are not authorized to use or access.
• You may not use the Kred Apps or APIs to interfere with or disrupt the Kred.ly Site or other Sites or servers or networks connected to the Sites, or otherwise attempt to gain unauthorized access to any portion of the Sites.
• You may not decompile, reverse engineer, disassemble, modify, translate, embed, rent, lease, loan, distribute, or create derivative works or improvements from the Kred Apps or APIs or any portion thereof, or attempt to discover any source code, protocols, or other trade secrets in the Kred Apps or APIs (except and only to the extent the foregoing restriction is prohibited by applicable law).
• You may not sell, lease, loan, distribute, transfer, or sublicense Kred Apps or APIs or access thereto or for commercial purposes or any other form of monetary gain, without PeopleBrowsr’s prior, express, written permission.
• You may not use, export, or re-export Kred Apps or APIs in violation of applicable U.S. laws or regulations including United States Export Control laws.
• You may not use Kred Apps or APIs in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Kred Specific Terms or this Agreement.
Third Party Site Content: The Kred Apps and APIs may contain links to other websites which are completely independent of PeopleBrowsr. PeopleBrowsr makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Third Party Content, that you may not rely on said Third Party Content, and that under no circumstances will PeopleBrowsr be liable in any way for any Third Party Content or for any loss or damage of any kind incurred as a result of the use of any Third Party Content posted or otherwise made available via the Service.
THE KRED APPS AND APIS ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND. The disclaimers of warranties and limitations of liability set forth in the Agreement shall also apply to the Kred Apps and APIs.
Engagement Center Services Specific Terms
1.Basic rules about your use and content
If you use the Engagement Center Services to manage your social networking applications, then in addition to your obligation to comply with any rules set forth in any applicable Social Networking TOU, here are some commonsense rules on what you as the user may post on the PeopleBrowsr Site.
Don't post any of your personal direct contact details including email or street addresses, last names, telephone numbers, URLs or message services in your profile or in any posts you make on the Site or the Services.
Respect other people's privacy, confidentiality and their copyrights: when using other people's photographs, clips and information via the Site or the Services, it is solely your responsibility to comply with any instructions or restrictions they place on their material. When creating groups, making comments on or profiling other people, whether the Site or the Services users or users of other involved networks, you must be responsible and fair. Remember that you and you alone will be liable for any content you create, whether public or private, about yourself or about others - including defamatory or slanderous comments or images.
Don't post offensive, illegal, dangerous, gratuitously violent, harassing, threatening or sexually explicit content (even if it's of yourself) including child pornography.
PeopleBrowsr may report any illegal activity of which it is notified or becomes aware to appropriate authorities.
Do not solicit personal information from people under 18 unless they are known to you in person and other than via the Site or the Services or any other social activity over the world-wide-web.
Don't post or incite racism, sexism, defamatory or homophobic or religious intolerance content.
Don't spam, junk messages or chain letters.
Don't violate copyright or other intellectual property rights' of third parties. Your material must be your own and original or used with the express permission of the owner.
Don't use "bogus" profiles that don't accurately describe you, your gender, sexual orientation or similar.
Don't use other people's online identities.
Don't solicit money from other users.
Don't use the Site or the Services to sell products or services or for any other commercial purpose.
Don't use of the information obtained from the Site or the Services to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent.
Programmers beware: viruses, worms, robots, spiders and other devices or processes which may damage, compromise, monitor or copy the Site or the Services pages or content are strictly prohibited. You must not use any device, software or routine to interfere or attempt to interfere with any workings or aspect of the Site. You must not attempt to access data not intended for you or log into a server or account that you are not authorized to access or otherwise breach any security or authentication measures without authorisation by PeopleBrowsr. You must not forge any part of the header information in any email or newsgroup posting. You must not nor attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising the Site or the Services.
Do not engage in any of the following: "flooding," "mail bombing," or "crashing" the Website, or other activity placing an unreasonable or disproportionately large load on the Site or the Services.
2.Your copyright
You own the material you post or communicate using the Site or the Services. However, when you make information or content publicly available on any website, including this Site, you are granting a license to anyone accessing that website to use that information or content for the purposes of that website. By posting or communicating material on the Site or by using the Services, you grant PeopleBrowsr, its licensors and its users a non-exclusive license to access, use, display, modify, distribute, reproduce or perform that material in accordance with this Agreement and the PeopleBrowsr Privacy Policy. If you wish to restrict the use of any material you place on the Site or the Services or which is accessible via the Site or the Services, you must clearly communicate this on the material (for example, by marking a photograph with the appropriate "Creative Commons" license).
3.Your content and conduct
You are solely responsible for your conduct when using the Site or the Services and for the information and content you post or communicate using the Site (including the conduct of people using your password). This includes photos, information, graphics, profiles, screen names, clips, data, text and links. If your content or conduct when using the Site is illegal in any way, breaches another person's privacy, defames or slanders them, harasses them or infringes their intellectual property rights, you have sole responsibility for any damage or liability that follows and use the Site at your own risk. Remember that the world wide web is a public place: when you post material (and even if you subsequently make it private or remove it - for example if you "unfollow" on Twitter or delete a post) it may remain on the web in public cache databases. You place material on the web at your own risk.
4.Your other online identities - one online presence
When using certain Services, such as the Engagement Center Services, PeopleBrowsr combines your presence on other sites (e.g. Flickr, Youtube, Twitter or Facebook). You agree that all the information you provide to us about yourself (such as in your personal profiles) is true, accurate, current and complete and the identities you add to the Site or the Services belong to you. By providing the Site or the Services with your user id ("uid") for these other site(s) you agree to allow PeopleBrowsr to access, use and temporarily store your information contained on these other sites. PeopleBrowsr will use and store this data in accordance with this Agreement and with the PeopleBrowsr Privacy Policy. PeopleBrowsr has the right to verify any user identity and may terminate your access to the Site or even report you to the appropriate legal authorities if we have grounds to suspect that information provided is inaccurate in any way.
5.Supervision
PeopleBrowsr does not supervise, control, review, monitor or vet content on the Site or the Services. If PeopleBrowsr is notified of or becomes aware or reasonably suspects that content or conduct on the Site is illegal or infringes the intellectual property or privacy rights of a third party, it may take appropriate steps to remove that content or stop the conduct. PeopleBrowsr reserves the right to monitor advertisements, public postings, messages, video and audio recordings from time to time to check compliance with this Agreement.
6.Complaints and Disputes about conduct on PeopleBrowsr
Introduction: Unfortunately, it is possible that other users of the Site or the Services may use the Site or the Services in violation of the terms of this Agreement. For example, it is possible that another user may post or transmit on the Site or the Services content that is obscene or offensive, or use the Site or the Services to harass you. We take your online and offline security very seriously.
We urge you to be cautious when interacting with other users. You should carefully select the content that you post or transmit on the Site or the Services, or to other users by any other means: you should not include any telephone numbers, street addresses, last names or email addresses. Any content that you transmit or post on the Site or the Services, or otherwise transmit to any other user of the Site or the Services by any other means, will be considered non-confidential.
By using the Site or the Services you agree to the collection and use of your information in accordance with these terms of use and our privacy policy.
a. If you are experiencing problems with any other user of the Site or the Services and would like to inform us, please send us an email at help@peoplebrowsr.com
b. Notification of complaint: if you believe that another user has acted contrary to this Agreement or the guidelines, please notify us at help@peoplebrowsr.com.
c. Complaints against you: we may record and store any information relating to any complaint made against you and we will take any appropriate action which may include terminating your user rights.
d. Monitoring disputes: PeopleBrowsr may, but is not obliged to, monitor any dispute between you and other the Site or the Services users.
e. Liability of PeopleBrowsr: if you have a dispute with one or more users or those who have posted, viewed, or used information on the Site or Services, PeopleBrowsr is not liable to you or any other person for any damage, loss or liability connected with or arising out of use of the Site or Services or your dispute with other users. In particular, if a PeopleBrowsr user has added a profile to your PeopleBrowsr identity, tagged you, included you in a group, or accessed or used any of your content, material or information (together, "material") contrary to this Agreement or to any restrictions you have placed and clearly communicated on your material, your sole claim or cause of action is against that other user and not against PeopleBrowsr.
7.Copyright takedown process
In addition to the involved social networks Copyright Policies, PeopleBrowsr respects the intellectual property rights of others. By making any content available through this Site, you represent and warrant that you own all rights necessary to properly do so. If you own content or act for a content owner and believe that your content has been infringed, contact Copyright@PeopleBrowsr.com. For more info, read the PeopleBrowsr Copyright Policy.
You own the material you post or communicate using the Site or the Services. However, when you make information or content publicly available on any website, including this Site, you are granting a license to anyone accessing that website to use that information or content for the purposes of that website. By posting or communicating material on the Site or by using the Services, you grant PeopleBrowsr, its licensors and its users a non-exclusive license to access, use, display, modify, distribute, reproduce or perform that material in accordance with this Agreement and the PeopleBrowsr Privacy Policy. If you wish to restrict the use of any material you place on the Site or the Services or which is accessible via the Site or the Services, you must clearly communicate this on the material (for example, by marking a photograph with the appropriate "Creative Commons" license).
3.Your content and conduct
You are solely responsible for your conduct when using the Site or the Services and for the information and content you post or communicate using the Site (including the conduct of people using your password). This includes photos, information, graphics, profiles, screen names, clips, data, text and links. If your content or conduct when using the Site is illegal in any way, breaches another person's privacy, defames or slanders them, harasses them or infringes their intellectual property rights, you have sole responsibility for any damage or liability that follows and use the Site at your own risk. Remember that the world wide web is a public place: when you post material (and even if you subsequently make it private or remove it - for example if you "unfollow" on Twitter or delete a post) it may remain on the web in public cache databases. You place material on the web at your own risk.
4.Your other online identities - one online presence
When using certain Services, such as the Engagement Center Services, PeopleBrowsr combines your presence on other sites (e.g. Flickr, Youtube, Twitter or Facebook). You agree that all the information you provide to us about yourself (such as in your personal profiles) is true, accurate, current and complete and the identities you add to the Site or the Services belong to you. By providing the Site or the Services with your user id ("uid") for these other site(s) you agree to allow PeopleBrowsr to access, use and temporarily store your information contained on these other sites. PeopleBrowsr will use and store this data in accordance with this Agreement and with the PeopleBrowsr Privacy Policy. PeopleBrowsr has the right to verify any user identity and may terminate your access to the Site or even report you to the appropriate legal authorities if we have grounds to suspect that information provided is inaccurate in any way.
5.Supervision
PeopleBrowsr does not supervise, control, review, monitor or vet content on the Site or the Services. If PeopleBrowsr is notified of or becomes aware or reasonably suspects that content or conduct on the Site is illegal or infringes the intellectual property or privacy rights of a third party, it may take appropriate steps to remove that content or stop the conduct. PeopleBrowsr reserves the right to monitor advertisements, public postings, messages, video and audio recordings from time to time to check compliance with this Agreement.
6.Complaints and Disputes about conduct on PeopleBrowsr
Introduction: Unfortunately, it is possible that other users of the Site or the Services may use the Site or the Services in violation of the terms of this Agreement. For example, it is possible that another user may post or transmit on the Site or the Services content that is obscene or offensive, or use the Site or the Services to harass you. We take your online and offline security very seriously.
We urge you to be cautious when interacting with other users. You should carefully select the content that you post or transmit on the Site or the Services, or to other users by any other means: you should not include any telephone numbers, street addresses, last names or email addresses. Any content that you transmit or post on the Site or the Services, or otherwise transmit to any other user of the Site or the Services by any other means, will be considered non-confidential.
By using the Site or the Services you agree to the collection and use of your information in accordance with these terms of use and our privacy policy.
a. If you are experiencing problems with any other user of the Site or the Services and would like to inform us, please send us an email at help@peoplebrowsr.com
b. Notification of complaint: if you believe that another user has acted contrary to this Agreement or the guidelines, please notify us at help@peoplebrowsr.com.
c. Complaints against you: we may record and store any information relating to any complaint made against you and we will take any appropriate action which may include terminating your user rights.
d. Monitoring disputes: PeopleBrowsr may, but is not obliged to, monitor any dispute between you and other the Site or the Services users.
e. Liability of PeopleBrowsr: if you have a dispute with one or more users or those who have posted, viewed, or used information on the Site or Services, PeopleBrowsr is not liable to you or any other person for any damage, loss or liability connected with or arising out of use of the Site or Services or your dispute with other users. In particular, if a PeopleBrowsr user has added a profile to your PeopleBrowsr identity, tagged you, included you in a group, or accessed or used any of your content, material or information (together, "material") contrary to this Agreement or to any restrictions you have placed and clearly communicated on your material, your sole claim or cause of action is against that other user and not against PeopleBrowsr.
7.Copyright takedown process
In addition to the involved social networks Copyright Policies, PeopleBrowsr respects the intellectual property rights of others. By making any content available through this Site, you represent and warrant that you own all rights necessary to properly do so. If you own content or act for a content owner and believe that your content has been infringed, contact Copyright@PeopleBrowsr.com. For more info, read the PeopleBrowsr Copyright Policy.
General
PeopleBrowsr has the right to assign any or all of its rights and duties under this Agreement or to the Services to any third party. If PeopleBrowsr's obligations are assumed by a third party, PeopleBrowsr will have no liability under this Agreement. You shall not to assign or otherwise transfer, this Agreement in whole or in part, and any attempt to do so shall be void. You and PeopleBrowsr agree that Your use of the Services and this Agreement will be governed by the substantive laws of the state of California without reference to its principles of conflicts of laws. YOU AND PEOPLEBROWSR CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED IN SAN FRANCISCO, CALIFORNIA FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THE SERVICES. Except as otherwise required by law, including California laws relating to consumer transactions, any cause of action or claim you may have with respect to the Services must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. PeopleBrowsr' failure at any time to insist upon strict compliance with any of the provisions of this Agreement in any instance shall not be construed to be a waiver of such terms in the future. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties. Accessing the Services is prohibited from territories where such Services are illegal. If you access the Services from other locations outside of the United States, you do so at your own initiative and are responsible for compliance with local laws. This Agreement, including the Privacy Policy and all other policies posted on the Site, which are fully incorporated into this Agreement by reference, constitutes the entire agreement between you and PeopleBrowsr with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. Notwithstanding the foregoing, if you have entered into a written campaign services agreement ("MSA") with PeopleBrowsr and there is any inconsistency between the terms of the MSA and the terms of this Agreement, the terms in such MSA control your use of the Services instead of the terms of this Agreement. Any changes by you to this Agreement without PeopleBrowsr's written consent are void.