Social Content Tool – Terms of Service
- These
contractual terms and conditions (the "Terms") regulate
the use of the Social Content Tool application (the "Application")
at www.socialcontenttool.com (the "Website"). You can only
get access to and use the Application provided you accept and
observe these Terms. The Terms apply to all visitors, users and
other parties using the Application.
- The
Application is provided by Revolta, s.r.o. with its registered seat
at Dukelských hrdinů 2, Prague 7, Czech Republic, ID No.: 27167518
(the "Company").
- You
can contact the Company by means of the following email address:
info@socialcontenttool.com. Our team will contact you and provide
you with all the required and necessary information.
- These
Terms represent a complete binding contract (the "Contract")
entered into by and between you and the Company and shall replace
all previous statements or any previous versions of these Terms. If
you and the Company have signed a written contract, this written
contract shall take precedence over these Terms.
- You
provide your unilateral consent to the Terms by ticking the
appropriate field while registering at the at
http://socialcontenttool.com/signup
website.
- For
your registration at the Website you have to enter your name,
surname and email. You can later log into the Application using your
login data. The login data is not transferable and may only be used
by the person who chose it. You are fully responsible for safety of
the login data. Inform us of any unauthorised access or misuse of
your login data without delay.
- The
Contract between you and the Company as per Paragraph 4 hereof shall
be entered into by your registration at the Website, or more
precisely by settling the price for the Application. If you enter
into a Contract with us on behalf of a company or a different legal
entity, you declare that you are authorised to bind this entity with
the Contract. The Company is not obliged to check your declaration.
- The
Application will be available to you after its price has been
settled. The price for the Application amounts to USD 49 per
month (30 days) for 3 communication channels (e.g. 1x facebook fan
page, 2x Twitter account), every other channel is for USD 9 per
month (30 days).
- The
price for the Application shall be paid in a cashless manner through
the PayPal service.
- The
price for the Application is calculated according to the number of
applications (channels) and the period for which you will pay, not
for the real use of the Application. Thus, the price cannot be
cancelled or returned.
- The
price is calculated for the next 30 days after the payment.
Unless determined otherwise, the price shall be paid in USD.
- The
period of time having been paid for will automatically be renewed
provided we have received your payment in our bank account before
the end of the prepaid period.
- If
we receive the payment – the price for the Application, the
prepaid period shall begin:
- in
the event of the first purchase of the Application for a determined
period: on the first day following the day on which the price is
credited in our bank account; or
- in
the event of an automatic renewal: on the first day following
expiry of the previous prepaid period.
-
At the beginning
of the prepaid period the Company grants you a non-exclusive,
time-limited, territorially unlimited licence allowing you to access
and use the Application solely for your personal purposes for the
period of duration of the prepaid period. This licence is not
transferable and is subject to your consent to these Terms and to
payment of the price. The price includes remuneration for the
licence.
- All
rights to the Application (including the name, trademark, software,
videos, pictures, graphics, sounds) are reserved for the Company.
You are not entitled to grant any licences and sub-licences or to
copy, modify or create works derived from the Application. You are
not entitled to retranslate, decompile or otherwise try to extract
the source code of the Application or its part.
- If
you request that a receipt concerning purchase of the Application is
issued, contact the Company on: info@socialcontenttool.com. The
Company will immediately send you the receipt to the email address
you specify.
- Your
actions related to the Application and its use shall always comply
with these Terms and with applicable legal regulations. Your actions
shall not contradict good manners, public order and shall not
restrict execution of the rights of a third party. You shall not
make the Application available to any third parties, i.e. to
unauthorised users. You are not entitled to sell, license, hire,
cede or make the Application available to third parties without our
previous written consent.
- The
content of the Application is your property. We are not obliged to
make a backup copy of the content or to return the content you have
stored to you after expiry of the prepaid period. In the event the
Contract between you and us terminates, our only obligation is to
completely remove all your content and data from our servers. After
termination of the Contract we are entitled to store only those data
as defined in the Principles of Personal Data Protection and those
data that we are obliged to archive pursuant to applicable legal
regulations.
- The
Company is not responsible for the occasional inferior availability
or a failure of the Application operation depending on services
provided by third parties that are beyond our control.
- If
there is a problem, the Company shall always prevent any loss or
damage of the data. However, we strongly recommend that you make a
backup copy of the important data on a regular basis as we cannot
guarantee their permanent availability and integrity and we cannot
be held responsible for any changes, loss or damage to the stored
data if they have been caused by a technical defect, a failure, your
activity, the activities of other users within your group of users,
or due to attack by third parties.
- If
you act in an illegal or unethical manner or if you violate the
Terms, the Company is entitled to restrict, suspend or terminate the
use of the Application that you purchased without any compensation.
In this case you are obliged to pay to the Company the damage
incurred in connection with your actions as per this paragraph in
its full amount.
- The
Company´s liability for the damage that the Application may
possibly cause to you is restricted only to the damage that you
prove up to the amount that you paid for the Application for the
last 30 days of the subscription.
- The
use of the Application is at your own risk.
- You
hereby take into account that the use of the Application depends on
availability of services provided by third parties, especially in
case of various social media and networks, such as Facebook,
Twitter, Pinterest, etc. If a third party stops cooperating with us
or if a third party changes its business terms and conditions in a
significant manner, we are entitled to remove these social networks
and services or related functions from the Application without any
replacement or compensation.
- The
Application makes use of links and connections to services provided
by third parties. By adding the services of third parties you agree
that you are obliged to observe the terms and conditions and
principles of third party personal data protection if there are any.
The Company shall not be responsible for any damage or loss caused
by connection to these services.
- In
compliance with Act No. 101/2000 Coll, on Personal Data Protection,
as amended, by registering at the Website you provide the Company
(hereinafter referred to as the "Administrator") with a
consent to process the personal data you have entered for commercial
and marketing purposes, i.e. for maintaining a database of the
Application users, and to being offered commercial services for the
period of 10 years. At the same time you agree that the
Administrator authorises a third party to process the personal data.
By registering at the Website you confirm that the Company being the
Administrator of personal data has informed you of all the rights
arising out of Act No. 101/2000 Coll., on Personal Data Protection,
as amended, especially of the fact that provision of these data is
voluntary and that the Company has a right to access them, as well
as of all the other rights arising out of this act. You take into
account that you can cancel your consent at any time.
- Pursuant
to the provision of Section 7 of Act No. 480/2004 Coll., on Certain
Information Society Services, as amended, by registering at the
Website you also agree with commercial information being sent to you
by means of all electronic tools. You can cancel your consent to
being sent commercial information and electronic mail for the
purpose of direct marketing by sending an email to the Company.
- The
relation between you and the Company shall be governed by the
legislation of the Czech Republic.
- In
the event of any dispute (the "Dispute") related to the
Application you agree to exert maximum effort to settle the Dispute
with us in an out-of-court manner. Unless the Dispute is settled
within 30 days following the beginning of the dealings, the Dispute
shall be settled by relevant courts of the Czech Republic.
- The
Company may change these Terms at its discretion. The updated
version of the Terms is always available at our
www.socialcontenttool.com website.
Prague, dated 22
October 2013