- Definitons: "Service" means the Affogata web based application and technology owned and provided by Affogata through https://affogata.com for social community management, as described in the Website. The Service may be subject to fees and other related charges, as provided herein and as shall be elected by You before access is granted to the Services. "You" means an individual, a corporation or any other entity, including a division or department thereof, and including anyone authorized to use the Services on behalf of the foregoing; any reference to Affogata also includes, its parent corporation, subsidiaries and affiliates. "Website" shall mean the website at Affogata domain or any of its sub-sites.
- These ToU apply to all Website users. By using the Website, You may be exposed to third party websites and materials which are not owned or controlled by Affogata and therefore, Affogata assumes no responsibility or liability for Your use of any such third party websites. Please note that the policies and procedures of Affogata described herein do not apply to these third-party websites. For any required information with respect to such third party website, Affogata recommends You contact these third-party websites directly. By using the Website, You hereby expressly release Affogata from any and all liability arising from Your use of any third party websites.
- Website. Your use of the Website shall be subject to the following provisions: (i) You will not copy or distribute any part of the Website in any medium or form without Affogata's prior written authorization; (ii) You will not alter or modify any part of the Website; and (iii) You will otherwise comply with the terms and conditions of these ToU. Certain features provided in the Website might be subject to the creation of an account by You (the "Client Account"). You confirm and represent that the Client Account is to be used for Your benefit only, and to the extent You are a representative of an organization; Affogata shall not be responsible for any unauthorized activity relating to a Client Account. You must keep Your Client Account passwords personal and secure. You must notify Affogata immediately of any suspected breach of security or unauthorized use of Your Client Account. Affogata will not be liable for any losses caused to You by any unauthorized use of Your Client Account, however be liable for any loss caused to Affogata or others due to such unauthorized use. You agree not to use or launch any automated system, including without limitation, "robots", "spiders," "offline readers" etc., that access the Website in a manner that sends more request messages to Affogata's servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, Affogata grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Affogata reserves the right to revoke these exceptions either generally or in specific cases, by amending these ToU as published in the Website from time to time. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, without proper written authorization form Affogata.
- Services If the GDPR is applicable to you, you may have the right to request access to some of your Personal Data being stored by us. You can also ask to correct, update or delete any inaccurate Personal Data that we process about you. All subject to our policies and the applicable laws and regulations. A valid credit card, debit card or any other charge card ("Payment Card") is required in order to subscribe to the Service. Affogata may also at any time accept monetary payment through any other payment method as shall be designated by Affogata from time to time at its sole discretion, including without limitation through a PayPal account or via bank remittance. Upon presentation of any Payment Card information, You warrants that You are the cardholder or an authorized user of such Payment Card, all consents required have been received prior to the payment, and that the billing information provided is accurate. All Payment Cards are subject to validation checks and authorization by the card issuer. To ensure that your Payment Card is not being used without your consent, Affogata may, but is not obligated to validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions You consent to such checks being made. If the issuer of your Payment Card refuses or does not, for any reason, authorize payment to Affogata, whether in advance or subsequent to a payment, Affogata is entitled to deny Your access to the Service. Your complete billing information is not stored in any way, manner or form whatsoever on Affogata's servers but it is nevertheless saved on secure third party servers. You agree to pay Affogata for all charges at the prices then in effect for any use of the Service by You (including Your employees or agents) using your Payment Card or by means of any other payment method as shall be approved by Affogata in advance, and you authorize Affogata to charge such Payment Card for the Service. Order to use certain Services You hereby grant Affogata permission to collect and store information about You or about any third parties to which You are related (the "Data"), including without limitation, identification details and activities in social network website, such as Twitter and Facebook (the "Social Networks"). The Data may include e-mail address, names, expertise in specific topics, information with respect to Your contacts and related to them, users You respect, favorite writers and etc., identifiable information, non-public information, health related information (provided that such is disclosed by You to Affogata or to on the Social Networks), economic information, private correspondences, personal opinions, believes, trends and manner of activities on the web, consuming features and trends of You and Your contacts and so forth (collectively, the "Personal Information"). Affogata Data may also include demographic information, which is not unique to You or Your contacts, such as ZIP code, age and gender. It is clarified that any Data collected from any Social Network is collected automatically after subscription to the Services and provision of the required credentials and in accordance with the applicable Social Network policy with respect to disclosure of such Data.
- Affogata reserves the right at any time in its sole discretion to terminate the service which may include blocking the use of or deleting any Account(s) after giving written notice of 14 business days. Third Party Websites. You hereby confirm and acknowledge that in order to use some features of the Service, You may need to provide certain information and credentials regarding Your use and activities in other websites, including the Social Network (such as password and usernames), and to the extent such are not provided might prove to have an adverse effect on the use of such features or general use of the Service. You hereby grant Affogata the right to collect analyze and retain information from such third party websites, including without limitation from Social Network websites, on Your behalf, for the performance of the Service.
- No Warranty; Limitation of Liability. YOU AGREE THAT YOUR USE OF THE WEBSITE AND THE INFORMATION PROVIDED THEREIN, THE SERVICES AND THE DATA, AND THE USE OF THE DATA BY Affogata AS PART OF THE SERVICES, SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Affogata, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. Affogata MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE DATA OR THE MATERIALS OF ANY THIRD PARTY WEBSITES, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, QUALITY OR INACCURACIES OF THIRD PARTIES CONTENT, INCLUDING THE DATA, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE OR THE DATA, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL DATA INCLUDING PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND, INCURRED AS A RESULT OF THE USE OF THE DATA OR OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Affogata IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN ANY JURISDICTION. Affogata DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Affogata WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. Affogata SHALL NOT BE LIABLE TO ANY AND ALL LOSSES AND/OR DAMAGES, TO YOU OR ANY THIRD PARTY, CAUSED BY USE OF THE DATA OR OF ANY KIND OF THE INFORMATION DEPICTED ON THE WEBSITE AND/OR THE CLIENT ACCOUNT AND/OR USAGE OF THE SERVICES PROVIDED BY Affogata. USE OF THE SERVICES IS MADE BY YOU, AT YOUR OWN RISK, WITH NO WARRANTY FROM Affogata AS TO THE ACCURACY OR THE RELIABILITY OF THE CONTENT PROVIDED WHICH IS BASED ON THE DATA. WITHOUT DEROGATING FROM THE PROVISIONS ABOVE, IT IS HEREBY AGREED THAT IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, A COMPETENT COURT DETERMINES THAT Affogata IS LIABLE FOR A DAMAGE OR LOSS OF A THIRD PARTY, THEN THE TOTAL LIABILITY OF Affogata SHALL NOT EXCEED THE AMOUNTS PAID BY YOU FOR THE SERVICES UNTILL SUCH TIME.
- Affogata, its, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the Website and to the Client Account; (ii) Your violation of any term or provision of these ToU; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) a claim that any of Your use of the Data or Services caused damages to a third party. This defense and indemnification obligation will survive these ToU and Your use of the Website.
- Ability to Accept Terms of Service. You affirm that You are either more than 18 years of age, or posses legal parental or guardian consent, and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these ToU, and to abide by and comply with these ToU. If You are under 13 years of age, you may NOT use the Website or the Services.
- Assignment. Your rights and obligations hereunder may not be assigned or transferred without the prior written consent of Affogata. Affogata may assign or transfer any and all of its rights and obligations hereunder to third parties, as long as Your rights are not jeopardized.