Last Revision: August 9, 2010
1. General provisions
PLEASE READ THESE AGORAPULSE TERMS OF SERVICE (“Terms of Service”) CAREFULLY. AGORAPULSE (“AgoraPulse”) OFFERS A SOFTWARE APPLICATION (the “Service”) THAT HELPS FACEBOOK PAGE ADMINISTRATOR (individually and collectively “Affiliates”) MONITORING AND MODERATING THEIR FACEBOOK PAGE AS WELL AS INSTALLING APPLICATIONS INCLUNDING PROMOTION APPLICATIONS SUCH AS SWEEPSTAKES AND CONTESTS ON FACEBOOK (individually and collectively “Applications”). THE SERVICE ALSO PROVIDES AN ONLINE ENTRY FORM THROUGH WHICH PROMOTION PARTICIPANTS (“Participants”) CAN SUBMIT ENTRIES FOR AFFILIATE APPLICATION. BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS YOU SHALL NOT USE THE SERVICE.
These Terms of Service include terms applicable to: (1) Affiliates; (2) actual and prospective Participants; and (3) both actual and prospective Participants and Affiliates. These Terms of Service include, and incorporate by reference, the agreements, policies and guidelines referenced below.
AgoraPulse reserves the right to change or revise these Terms of Service at any time by posting any changes or revised Terms of Service on this website, www.agorapulse.com (the “AgoraPulse Website”) at any time and in its sole discretion. Notice will be provided by posting such changes on the AgoraPulse Website and updating the “Date of Last Revision” (listed above), and such changes will apply to any use of the Service made after the changes are posted to the AgoraPulse Website. You also expressly waive any right you may have to individual notice of such changes to the Terms of Service. Therefore, you should review these Terms of Service prior to each use of the Service so you will understand the current, applicable terms. If you do not agree to the amended terms, you must stop using the Service.
2. Terms of service applicable to all users of the AgoraPulse platform
AgoraPulse does not actively monitor the use of the Service or Affiliate Applications. Similarly, AgoraPulse does not exercise editorial control or review over the content or nature of any Application or of any e-mail transmission, or other material created or accessible over or through the Application. If at any time AgoraPulse chooses, in its sole discretion, to monitor an Application, AgoraPulse nonetheless assumes no responsibility for its content, no obligation to modify or remove any inappropriate content or Application, and no responsibility for the conduct of any third party entering or conducting an Application. AgoraPulse intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Service or other terms, conditions, policies, or guidelines on the AgoraPulse Website or of any applicable laws, rules, or regulations. By using the Service, you release AgoraPulse from any and all liability stemming from such cooperation with local, state, federal and relevant country law enforcement officials.
You acknowledge that AgoraPulse reserves the right to change its terms, conditions, policies, or guidelines at any time, in its sole discretion. (Notice will be provided by posting such changes on the AgoraPulse Website and updating the “Date of Last Revision” for relevant terms, policies, and/or guidelines, and such changes will apply to any use of the AgoraPulse Website or Service made after the changes are posted to the AgoraPulse Website.
You also expressly waive any right you may have to individual notice of such changes. AgoraPulse may take any one or more of the following actions, or other actions not listed, at AgoraPulse’s sole discretion in response to violations of these Terms of Service or any other terms, conditions, policies, or guidelines on the AgoraPulse Website or associated with the Service: (i) issue warnings: written or verbal; (ii) suspend or terminate an Application and/or your use of the Service, to the extent possible; or (iii) bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.
AgoraPulse may, from time to time, need to interrupt the Service for maintenance and other operational reasons, as determined in its sole discretion, and you shall not receive any compensation or refund for such interruptions, and you hereby release and agree to defend, indemnify, and hold harmless AgoraPulse and its parent companies, affiliates, and subsidiaries and their respective officers, directors, employees, consultants, agents, representatives, professional advisors, and contractors from and against any and all claims, costs (including without limitation attorneys’ fees), injuries, losses, or damages arising in connection with such interruptions.
Because of situations beyond the control of AgoraPulse, AgoraPulse cannot guarantee that the Service will be available to you or that the Service will function properly. AgoraPulse does not guarantee the safety or integrity of any system connected to its network. This includes, but is not limited to, virus and/or trojan software infestation of said machine(s), hacker activity and exposure of confidential data. By using the Service, you acknowledge that you are solely responsible for the safety of your hardware, software, and data for the duration of your use of the Service. You also accept all liability for any of your actions while using the Service. This includes, but is not limited to, sending of unsolicited email.
YOU FURTHER EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT AGORAPULSE MAKES NO REPRESENTATIONS THAT INDIVIDUALS USING ITS SERVICE ARE WHOM THEY PURPORT TO BE OR THAT AFFILIATEíS APPLICATION WILL BE CONDUCTED IN CONFORMANCE WITH APPLICABLE LAWS, RULES, OR REGULATIONS. AGORAPULSE HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR ANY APPLICATION OR ACTIONS OF ANY THIRD PARTY. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY AND COMPLETENESS OF INFORMATION YOU RECEIVE THROUGH THE SERVICE OR ANY APPLICATION.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, EXCEPT AS REQUIRED BY APPLICABLE LAW, AGORAPULSE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH THE SERVICE.
The Service may provide, or third parties may provide, links to other websites, resources or services, including without limitation Affiliates web sites, social networking websites, and payment processing services. Because AgoraPulse has no control over such websites, resources or services you acknowledge and agree that AgoraPulse is not responsible for the availability of such external sites, and does not endorse and is not responsible or liable for any Application, content, advertising, products, services or other materials on or available from such external sites.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT AGORAPULSE AND ITS PARENT COMPANIES, AFFILIATES, AND SUBSIDIARIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, REPRESENTATIVES, PROFESSIONAL ADVISORS, AND CONTRACTORS SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE OF ANY SUCH APPLICATION, CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH WEBSITE, RESOURCE OR SERVICE.
You agree to not use the Service to:
- Intentionally or unintentionally violate any applicable local, state, national or international law, rule or regulation;
- Upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, inflammatory, hateful, or racially, ethnically or otherwise objectionable;
- Impersonate any person or entity, including, but not limited to, an AgoraPulse employee, contractor, volunteer, official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Upload, post, email, transmit or otherwise make available any content that you do not have a lawful, legal right to make available;
- Make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
- Make available any unsolicited or unauthorized advertising, promotional or any other form of solicitation, except in those areas that are expressly designated for such purpose;
- Interfere or attempt to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the Service or AgoraPulse Website, or overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Service, the AgoraPulse Website, or any other host or network;
- Access content or data not intended for you, or log onto a server or account that you are not authorized to access;
- Attempt to probe, scan or test the vulnerability of the Service or any associated system or network, breach security or authentication measures without proper authorization, interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
- Attempt to modify, reverse engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human perceivable form any of the software provided by AgoraPulse or used by AgoraPulse in providing the Service.
The Service contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Service are copyrighted as a collective work under the applicable copyright laws. AgoraPulse owns copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of AgoraPulse. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. AgoraPulse, its subsidiaries and affiliates, own all rights to their logos and trademarks used in connection with the Service.
All other logos and trademarks appearing on the Service are the property of their respective owners.
AgoraPulse respects the rights of all copyright holders. AgoraPulse has adopted and implemented a policy that provides for the termination in appropriate circumstances of users and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide AgoraPulse the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit AgoraPulse to locate the material;
- Information reasonably sufficient to permit AgoraPulse to contact the complaining party;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please submit your notice to AgoraPulse as follows:
17 rue Reaumur
We encourage parents to take an active interest in their children’s use of the Internet. The Service is not designed to collect personal information from those under 13 years of age, and we do not intend to or knowingly collect such information. If you are under 13, you are not permitted to use the Service and should not provide personal information on the Service.
If there is any dispute about or involving the AgoraPulse Website or Service, you agree that the dispute shall be governed by the laws of France, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the Court of Appeal located in Paris, France. If, for whatever reason, a court of competent jurisdiction were to find any term or condition in these Terms of Service to be unenforceable, all other terms and conditions would remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Service shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. The Service is controlled and operated by AgoraPulse.
These Terms of Service and any and all other online policies and agreements promulgated by AgoraPulse constitute the entire agreement between AgoraPulse and you with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.
The failure of AgoraPulse to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. If a court of competent jurisdiction determines that any provision of these Terms of Service is invalid, unlawful, void or unenforceable, that provision shall be modified or severed to the maximum extent permitted by law; however, any and all other provisions shall remain valid and be given full force and effect in a valid and enforceable manner to accomplish the purposes of these Terms of Service.
3. Terms of service applicable to Facebook Page Administrator (“Affiliates”) using the AgoraPulse platform
3.1 Participant’s Personal Information?
AgoraPulse acknowledges that you will receive information provided to you by each Participant, as specified in your Application rules. You acknowledge and agree that AgoraPulse has the option (in its sole discretion) to use such information, royalty-free, for the purpose of conducting aggregated analysis of the performance of the Applications conducted using the Service; to communicate with Participants (including without limitation by e-mail) about their use, misuse, and/or purchase of AgoraPulse’s products or services; to assist with legal proceedings if required by any court, law, regulator, and/or law enforcement agency; to send them e-mails about AgoraPulse’s products or services, including for example, about other Applications available through the Service; and as otherwise permitted in AgoraPulse’s Terms of Service and online policies. AgoraPulse will not send e-mails about AgoraPulse’s products or services, including for example, about other Applications available through the Service to Participants of Applications that are running under a Diamond Plan.
You will finally be bound by Facebookís rules regarding collecting, storing and using personal information collected through the use of Facebook. Privacy of Particpants is a great concern for AgoraPulse and you commit to treat personal information collected through the Service as if it was your own.
3.2 Compliance with Laws and Regulations
You acknowledge and agree that AgoraPulse’s Service merely helps Affiliates publish their Applications and that the Service provides no safeguards that ensure that you operate your Application properly or legally. You further acknowledge and agree that you are responsible for providing Application rules, terms, conditions, privacy policies or statements and ensuring that your Application complies with applicable laws, rules, and regulations. You hereby represent, warrant, and covenant that you will comply with all applicable laws, rules, and regulations in the creation, operation and completion of your Application(s), including without limitation in connection with all advertising and marketing associated with your Application(s). You further represent and warrant that you will comply with all statements and promises made to Participants, except to the extent such statements and promises violate applicable laws, rules, or regulations. You agree to indemnify, defend and hold harmless AgoraPulse and its parent companies, affiliates, and subsidiaries and their respective officers, directors, employees, consultants, agents, representatives, professional advisors, and contractors from any and all third-party claims, losses, liability, damages and/or costs (including attorneys’ fees and costs) arising from your use of the Service, your violation of these Terms of Service or any other agreement between you and AgoraPulse, your actual or alleged violation of any law, rule, or regulation associated with your Application(s), and/or infringement by any Participants in your Application(s), of any intellectual property or other right of any person or entity. AgoraPulse will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage or cost. These Terms of Service will inure to the benefit of AgoraPulse’s successors, assigns and licensees.
For information about AgoraPulse’s pricing policy, please visit www.agorapulse.com/pricing
3.4 Entire Agreement
These Terms and Conditions (including terms incorporated into them, e.g. the agreements, policies and guidelines referenced herein) and any policies and guidelines posted to the Service comprise the entire agreement (the “Entire Agreement”) between you and AgoraPulse with respect to the use of the Service and supersede all contemporaneous and prior agreements between the parties regarding the subject matter contained herein, and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement.
3.5 Special terms applicable to facebook platform application
Facebook requires that AgoraPulse notify you and require you to agree to all of the following terms and conditions in connection with your use of the Facebook platform:
The terms and conditions below describe the terms applicable to your installation and use of certain applications which use the Facebook Platform (as defined below) to access certain information about you that is available from the www.facebook.com website (“Facebook”) or to retrieve authorized data from third-party sites for use on Facebook (“Platform Applications”).
The “Facebook Platform” is a set of application programming interfaces (APIs) and services provided by Facebook which makes this information available to Platform Applications and allows Facebook and third-party developers (“Developers”) to develop new features and applications that we hope will enhance your ability to interact with people in your life in new and interesting ways.
3.5.2 Consent Regarding Use of Facebook Information
Information That May Be Provided to Developers. In order to allow you to use and participate in Platform Applications created by Developers (“Developer Applications”), Facebook may from time to time provide Developers access to the following information (collectively, the “Facebook Information”):
(a) any information provided by you and visible to you on Facebook, excluding any of your Contact Information, and
(b) the user ID associated with your Facebook profile.
(c) Examples of Facebook Information. The Facebook Information may include, without limitation, the following information, to the extent visible on Facebook: your name, your profile picture, your gender, your birthday, your hometown location (city/state/country), your current location (city/state/country), your political view, your activities, your interests, your musical preferences, television shows in which you are interested, movies in which you are interested, books in which you are interested, your favorite quotes, the text of your “About Me” section, your relationship status, your dating interests, your relationship interests, your summer plans, your Facebook user network affiliations, your education history, your work history, your course information, copies of photos in your Facebook photo albums, metadata associated with your Facebook photo albums (e.g., time of upload, album name, comments on your photos, etc.), the total number of messages sent and/or received by you, the total number of unread messages in your Facebook in-box, the total number of “pokes” you have sent and/or received, the total number of wall posts on your Wall, a list of user IDs mapped to your Facebook friends, your social timeline, and events associated with your Facebook profile.
(d) Privacy Settings: You may revoke or modify your permission for Facebook to provide Facebook Information to Developers at any time through the means provided in your privacy settings.
(e) Developer Agreement. Before providing any information to any Developer through the Facebook Platform, Facebook requires each Developer to enter into an agreement (a “Developer Agreement”), which, among other things, strictly limits their collection, use, and storage of Facebook Information. Our standard Developer Agreement consists of the Facebook Developer Terms and Conditions and the related Facebook Platform Application Guidelines. We may from time to time enter into separate agreements with certain third party Developers that contain different or additional terms, provided however, that each such separate agreement will require the third party Developer to only display your information in accordance with your Facebook privacy settings. The standard Developer Agreement is subject to change without prior notice at any time, in the Company’s sole discretion, so you should review these terms from time to time. However, Facebook cannot guarantee that each Developer will comply with its contractual requirements, and Facebook does not assume any liability or responsibility for any of Developer’s actions, Developer Applications or websites, or for enforcing any Developer Agreement against any Developer.
3.5.3 Use of Platform Applications
(a) Developer Applications. When you install a Developer Application, you understand that such Developer Application has not been approved, endorsed, or reviewed in any manner by Facebook, and we are not responsible for your use of or inability to use any Developer Applications, including without limitation the content, accuracy, or reliability of such Developer Application and the privacy practices or other policies of the Developer. YOU USE SUCH DEVELOPER APPLICATIONS AT YOUR OWN RISK. Developers may require you to agree to their own terms of service, privacy policies and/or other policies as a condition of using Developer Applications. Those terms and/or policies may give Developers rights with respect to your Facebook Information beyond those provided by the Developer Agreement. PLEASE REVIEW EACH DEVELOPER’S TERMS AND/OR POLICIES CAREFULLY.
(b) Facebook Terms of Service. You understand and agree that your use of any Platform Application is subject to, and you agree to comply with, all terms and conditions of Facebook Terms of Service, including without limitations all disclaimers and limitations of liability contained therein. To the extent these Platform Application Terms of Service directly contradict such Facebook Terms of Service, these Platform Application Terms of Service shall control: Without limiting the foregoing, all restrictions on user conduct set forth in Facebook Terms of Service, also apply to your use of and all information and content you provide on or through any Platform Applications, and to your conduct in using any Platform Applications;
(c) You acknowledge that Developers or Facebook or its licensors own all right, title and interest in and to any and all Platform Applications, portions thereof, and/or content or software provided through or in conjunction with any Platform Applications, including without limitation any and all patent, copyright, trademark, trade secret and other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You also agree to not remove, obscure, or alter Facebook’s or any third party’s copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through any Platform Applications. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any Platform Applications; and
(d) Facebook Applications. Facebook Applications are made available to you for your personal, non-commercial use only. If you want to sell, license or otherwise distribute any Facebook Application, reproduce or modify any Facebook Application, or use any Facebook Application for any commercial purpose, you must obtain Facebook’s prior written consent. Facebook may require you to agree to additional or different Terms of Service and may notify you of additional or different policies that may apply to particular Facebook Applications.
(e) ALL PLATFORM APPLICATIONS ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. FACEBOOK EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. FACEBOOK FURTHER EXPRESSLY DISCLAIMS ANY WARRANTIES REGARDING THE RELIABILITY, TIMELINESS, AVAILABILITY AND/OR PERFORMANCE OF ANY PLATFORM APPLICATIONS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, INSTALL AND/OR USE ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, INSTALLATION OR USE OF ANY PLATFORM APPLICATIONS. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
(f) Integration or “Entire Agreement” Clauses in Application-Specific Terms and Conditions. For the avoidance of doubt, the existence of any provision of any separate terms and conditions or agreements applicable to any Facebook Applications to the effect that such terms or agreement constitute the entire agreement or understanding between you and Facebook with respect to any subject matter, however phrased, will not be deemed to supersede or preclude enforcement of any of the terms and conditions set forth in paragraphs III (c), (d) (e) and (g) and this paragraph (f), except to the extent that such terms directly conflict with the terms of such other agreement or terms.
(g) RELEASE AND DISCLAIMER. YOU HEREBY IRREVOCABLY RELEASE AND AGREE TO HOLD HARMLESS FACEBOOK AND ITS AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND REPRESENTATIVES, FROM ANY AND ALL CLAIMS, COSTS, LOSSES, LIABILITIES AND DAMAGES OF ANY SORT (WHETHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHERWISE, AND WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED)), CONTRACT, WARRANTY, STRICT LIABILITY, RELIANCE OR UNDER ANY OTHER THEORY, AND WHETHER OR NOT FACEBOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF: (A) YOUR DOWNLOAD, INSTALLATION OR USE OF ANY FACEBOOK APPLICATIONS OR DEVELOPER APPLICATIONS, (B) DELIVERY OF ANY INFORMATION BY FACEBOOK TO ANY DEVELOPER; OR (C) ANY USE BY ANY DEVELOPER OF ANY INFORMATION, WHETHER OR NOT SUCH USE IS IN ACCORDANCE WITH THE DEVELOPER AGREEMENT. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
(h) Modifications. Facebook reserves the right to modify these Platform Application Terms of Service at any time, in its sole discretion. If Facebook elects to modify this Agreement, Facebook will post a change notice or a new agreement on the Facebook Site. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO REVOKE YOUR PERMISSION FOR FACEBOOK TO PROVIDE FACEBOOK SITE INFORMATION TO DEVELOPERS AS DESCRIBED IN PARAGRAPH (h) ABOVE. IF YOU DO NOT REVOKE SUCH PERMISSION PRIOR TO THE EFFECTIVE DATE OF ANY CHANGE NOTICE OR NEW AGREEMENT POSTED ON OUR SITE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGE.
4. Terms of service applicable to Facebook users entering an applications deployed by a Facebook Page using the AgoraPulse platform Requests for Your Personal Information
Affiliates using the Service may ask you for certain personal information (name, address, gender, date of birth, etc.) when you fill out the entry form for that Affiliate’s Application. Providing this information is strictly optional. However, if you choose not to enter the information required by the Affiliate in its Application rules, then you may not be eligible to participate in the Application. Please see each Affiliate’s Application rules for entry requirements and other important details.
You acknowledge and agree that AgoraPulse may use any information you provide in an Application entry form available through and/or using the Service, for the purpose of aggregate analysis of the performance of the Applications conducted using the Service; to communicate with you (including without limitation by e-mail) about your use, misuse, and/or purchase of its products or services; to assist with legal proceedings if required by any court, law, regulator, and/or law enforcement agency; and, to send you e-mails about AgoraPulse’s products or services, including for example, about other Applications available through the Service; and as otherwise permitted in AgoraPulse’s Terms of Service and online policies. Additionally, if you add one of our social network applications, you will be agreeing to that social network’s policy governing communications with application users. In accordance with such policies, we may contact you from time to time via notifications (or other similar communication methods within social networks) to let you know about AgoraPulse’s products or services, including for example, about other Applications available through the Service.
4.1 Access to Your Personal Information
4.2 Application Terms & Conditions
Each Affiliate running an Application using the Service is responsible for providing its own Application rules, terms, and conditions, and ensuring such Application complies with applicable laws, rules, and regulations. A link to the rules and terms and conditions for each Application is provided in the Application entry form. You will be required to agree to these rules and terms and conditions before you can enter each Application. It is important that you review those rules, terms, and conditions carefully before consenting to them. You acknowledge that AgoraPulse shall not be responsible or liable for any Affiliate’s or other third party’s compliance or non-compliance with such rules, terms, and conditions or with applicable laws, rules, or regulations. All such matters are solely between you and the Affiliate offering the applicable Application.
4.3 Facebook terms of service
In order to use the Service and participate into any Application, you need to comply with Facebook terms and services.In particular, you shall use your real identity in your Facebook account and shall not create multiple “fake” accounts. If you participate in any Application using a Facebook account not being your real identity, your participation will be disabled without further notice. All Facebook terms of service you should comply with are accessible here: http://www.facebook.com/terms.php
5. Confidentiality Policy
Your privacy is important to us, be assured that we are doing our very best to protect it and avoid any misuse or abuse of your personal data. This Policy explains how your personal information is collected, used, and disclosed by AgoraPulse and its Affiliates.
5.1 What information do we collect ?
We collect information from you in various ways when you use our applications. Information we may collect includes name, email address, birth date, gender, phone number, etc. At each time information is collected about you, you will be clearly informed about the type of collected information. No personal information will be collected without your explicit consent.
You can always refuse to provide personal information to us or our Affiliates but, most of the time, if you choose so, you will not be eligible to use the application.
The information collected is always collected in order to better address your needs. Spam with uninteresting content is not allowed on AgoraPulse! The information we collect will help us and our Affiliate to target messages that are really of interest to you.
Moreover, we respect the laws of the countries we are operating in and require our Affiliates to do the same. In countries where explicit email opt-in is a requirement, an opt-in checkbox is proposed.
In addition, when you visit our website and participate in one of our applications, some information may be automatically collected. For example, it is standard for your Web browser to automatically send information to every website you visit including ours. That information includes your computer’s Internet Protocol (IP) address, access times, browser type and language, and referring website addresse. We may also collect information about your computer’s operating system and information about your usage and activity on our website and applications. We use this information, which does not identify individual users, to analyze trends, to administer the site, to track usersí behaviors and to gather demographic information about our visitors and applications users.
We may link the information we store in cookies to any personally identifiable information you submit while on our website. If your browser is set not to accept cookies or if you reject a cookie, you may not be able to access certain features or services of our applications.
We and our Affiliates use web beacons that help us better manage content on our applications. web beacons are electronic images that may be used on our applications. A web beacon may be used on our applications to collect information, deliver cookies, count visits, understand usage and campaign effectiveness.
5.2 Who can access your information?
There are only two companies who can access your information: AgoraPulse and the Affiliate who has installed the application you are participating in. Your information will never be sold or otherwise transmitted to third parties.
5.3 How your information may be used?
AgoraPulse will only use your information for the purpose of aggregate analysis of the performance of the Applications conducted using the Service; to communicate with you (including without limitation by e-mail) about your use, misuse of its Service; to assist with legal proceedings if required by any court, law, regulator, and/or law enforcement agency; and, to send you emails about AgoraPulse’s products or services, including for example, about other Applications available through the Service. We will keep your information strictly confidential and will not make any commercial use of it.
The Affiliate who has collected your information within the framework of the use of one of our application will use your information for demographic and statistical purposes.
It may use your information to contact you about a prize you may have won in a sweepstakes or any other type of contest.
It may also use your information to contact you by email to provide you with useful information about the Fan page it is operating.
Finally, it may also use your information for prospect / client relationship management purposes but will only do so in compliance with applicable laws. For that purpose, your information may be imported in the Affiliateís CRM software to improve its communication with you and the service it may provide you with.
5.4 How is your information secured?
The security of your personal information is important to us. Our applications are all SSL ready as Facebook is progressively deploying SSL on its platform. So when you provide us any information using one of our applications, it will be encrypted if Facebook SSL is running on the concerned page.
AgoraPulse takes reasonable security measures to protect your personal information to prevent loss, misuse, unauthorized access, disclosure, alteration, and destruction. Please be aware, however, that despite our efforts, no security measures are 100% bulletproof.
5.5 How can you get your information changed or out of AgoraPulse?
You can request modification or deletion of your information at any time by sending an email to firstname.lastname@example.org with your first and last name and the URL of your Facebook profile.
5.6 Change to this policy
Agorapulse may change this Policy from time to time. If we make any changes to this policy, we will change the “Last Updated” date above. We encourage you to review this policy whenever you visit our Sites or use our applications to understand how your personal information is used.
5. Payment terms
Fees and any other charges for the use of the Service are described on the Site at: http://www.agorapulse.com/pricing. Fees may change from time to time. If we change them, we will give you at least 30 days’ notice before implementing the change. If they do change, your continued use of the Service after the change indicates your agreement with the new fees and charges after the effective date of the change. Any change to fees will not be applicable to the billing period in which the change occurs.
Fees paid to AgoraPulse for the use of the Service, unless otherwise specified in writing, are non-refundable. If your use of the Service is terminated by us because of your breach of these Terms, we will retain fees and charges paid by you for your use of the Service. If we terminate your use of the Service for any reason other than your breach of these Terms, we will refund your subscription fee on a pro rata basis.
The subscription to the Service is made on a monthly basis. You are free to terminate your subscription to the Service at any time by checking in on your AgoraPulse account and clicking on the “Account” tab. If you terminate your account before the expiration of a monthly period, you will not be refunded for the remaining of that period. If you upgrade or downgrade your account during a monthly period, the amount you owe for the next period will be adjusted pro-rata.
Your contracting party for subscribing to Agorapulse is:
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