The gist:
Amplafi, Inc. runs the Social Marketing service ("Service") that is accessed via a WordPress plugin and other clients.
We would love for you to use it. Our service is designed to help you market on social media
sites. We wish to encourage you to express yourself freely. However, be responsible in what you spread. In
particular, make sure that none of the prohibited items listed in (Responsibility
of Contributors) appear in your messages or get linked to from your messages (things like spam, viruses, or
hate content).
You can check our page on how to use Social Marketing to get a sense of the types of messages
that are welcome on our service (or not!). If you find an Social Marketing user that you believe
violates our terms of service, please email us at 'complaints (at) farreach.es'.
Detailed Terms of Service:
The following terms and conditions govern all use of all content, services and products available at or through http://FarReach.es/, distributed clients such as the WordPress plugin (taken together, the Service). The
Service is owned and operated by Amplafi, Inc. ("Company"). The Service is offered subject to your
acceptance without modification of all of the terms and conditions contained herein and all other operating rules,
policies (including, without limitation, Amplafi, Inc.'s
Privacy Policy) and procedures that may be published from time to time on our corporate site by Amplafi, Inc. (collectively, the
"Agreement").
Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of
the Service, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all
the terms and conditions of this agreement, then you may not access the Service or use any services. If these
terms and conditions are considered an offer by Amplafi, Inc., acceptance is expressly limited to
these terms. The Service is available only to individuals who are at least 13 years old.
- Your Social Marketing Account and Security If you create an account on
the Service, you are responsible for maintaining the security of your account, and you are fully responsible
for all activities that occur under the account and any other actions taken in connection with the account.
You must not describe or assign keywords to your messages in a misleading or unlawful manner, including in a
manner intended to trade on the name or reputation of others, and Amplafi, Inc. may change or
remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause
Amplafi, Inc. liability.
You must immediately notify Amplafi, Inc. of any unauthorized uses of
your account or any other breaches of security. Amplafi, Inc. will not be liable for any acts
or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
The Service relies on you maintaining your WordPress site's user accounts. Access to
your account on the Service is exclusively through the Plugin. The Plugin will automatically synchronize
any changes in the WordPress user accounts with the Service. Because the world is imperfect, this
automatic synchronization can fail due to a variety of reasons. We have created a number of security
measures to reduce the possibility of unauthorized use of your account, however, you are the first line of
defense.
- Responsibility of Contributors. If you operate an account, comment on messages, post
material to the Service, post links on the Service, or otherwise make (or allow any third party to make)
material available by means of the Service (any such material, "Content"), You are entirely responsible for
the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content
in question constitutes text, graphics, an audio file, or computer software. By making Content available, you
represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark or trade secret rights, of any third
party;
- if your employer has rights to intellectual property you create, you have either (i) received
permission from your employer to post or make available the Content, including but not limited to any
software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all
things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other
harmful or destructive content;
- the Content is not spam, and does not contain unethical or unwanted commercial
content designed to drive traffic to third party sites or boost the search engine rankings of third
party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of
the material (such as spoofing);
- the Content is not obscene, libelous or defamatory (more info on what that means), hateful or
racially or ethnically objectionable, and does not violate the privacy or publicity rights of any
third party; and
- you have, in the case of Content that includes computer code, accurately categorized and/or
described the type, nature, uses and effects of the materials, whether requested to do so by
Amplafi, Inc. or otherwise.
By submitting Content to Amplafi, Inc., you grant Amplafi, Inc. a world-wide,
royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content for the
purpose of displaying, distributing and promoting your message.
We may use and display isolated samples of your content to use as examples of how to use our service.
In the event, we do display your content there will be an attribution link to the original content.
If you delete or edit published Content, Amplafi, Inc. has limited ability to correct
content on social media sites. For example, Facebook does not allow services to edit or delete posts. If
you need to remove a post reference you will need to log into the social media site in question and remove
it there.
Without limiting any of those representations or warranties, Amplafi, Inc. has the right
(though not the obligation) to, in Amplafi, Inc.'s sole discretion (i) refuse any content
that, in Amplafi, Inc.'s reasonable opinion, violates any Amplafi, Inc. policy or
is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the service to any
individual or entity for any reason, in Amplafi, Inc.'s sole discretion.
Amplafi, Inc. will have no obligation to provide a refund of any amounts previously paid.
- Fees and Payment. By selecting a premium service you agree to pay
Amplafi, Inc. the monthly or annual subscription fees indicated for that service. Payments will be
charged on the day you sign up for a premium service and will cover the use of that service for a monthly or
annual period as indicated. Premium service fees are not refundable.
- Responsibility of Service Visitors. Amplafi, Inc. has not reviewed, and
cannot review, all of the material, including computer software, posted to the Service, and cannot therefore
be responsible for that material's content, use or effects. By operating the Service,
Amplafi, Inc. does not represent or imply that it endorses the material posted using the Service,
or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking
precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and
other harmful or destructive content. The Service may transmit content that is offensive, indecent, or
otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and
other errors. The Service may also transmit material that violates the privacy or publicity rights, or
infringes the intellectual property and other proprietary rights, of third parties, or the downloading,
copying or use of which is subject to additional terms and conditions, stated or unstated.
Amplafi, Inc. disclaims any responsibility for any harm resulting from the use by viewers of the
content posted by the Service, or from any downloading by those visitors of content posted by the Service.
- Content Posted on Other Services. We have not reviewed, and cannot review, all of the
material, including computer software, made available through the websites and webpages to which
Social Marketing links, and that link to Social Marketing.
Amplafi, Inc. does not have any control over those non-Amplafi, Inc. websites and
webpages, and is not responsible for their contents or their use. By linking to a website or webpage,
Amplafi, Inc. does not represent or imply that it endorses such website or webpage. You are
responsible for taking precautions as necessary to protect yourself and your computer systems from viruses,
worms, Trojan horses, and other harmful or destructive content. Amplafi, Inc. disclaims any
responsibility for any harm resulting from your use of non-WordPress websites and webpages.
- Copyright Infringement and DMCA Policy. As Amplafi, Inc. asks others to
respect its intellectual property rights, it respects the intellectual property rights of others. The Service
is not the primary repository of any customer content. We have no ability to remove the content from any site,
our customers nor their social media sites. If you believe that a Amplafi, Inc. customer is
violating your copyright, you are encouraged to contact the Amplafi, Inc. customer directly as
Amplafi, Inc. does not display any content nor does Amplafi, Inc. have the ability to
remove content from any other social media or website.
- Intellectual Property. This Agreement does not transfer from Amplafi, Inc.
to you any Amplafi, Inc. or third party intellectual property, and all right, title and interest
in and to such property will remain (as between the parties) solely with Amplafi, Inc. .
Amplafi, Inc. , Social Marketing, the Amplafi, Inc. logo, and all
other trademarks, service marks, graphics and logos used in connection with Social Marketing,
or the Service are trademarks or registered trademarks of Amplafi, Inc. or
Amplafi, Inc. 's licensors. Other trademarks, service marks, graphics and logos used in connection
with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or
license to reproduce or otherwise use any Amplafi, Inc. or third-party trademarks.
- Changes. Amplafi, Inc. reserves the right, at its sole discretion, to modify
or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for
changes. Your continued use of or access to the Service following the posting of any changes to this Agreement
constitutes acceptance of those changes. Amplafi, Inc. may also, in the future, offer new services
and/or features through the Service (including, the release of new tools and resources). Such new features
and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Amplafi, Inc. may terminate your access to all or any part of
the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to
terminate this Agreement or your Social Marketing account (if you have one), you may simply
discontinue using the Service. Notwithstanding the foregoing, if you have a VIP Services account, such account
can only be terminated by Amplafi, Inc. if you materially breach this Agreement and fail to cure
such breach within thirty (30) days from Amplafi, Inc. 's notice to you thereof; provided that,
Amplafi, Inc. can terminate the Service immediately as part of a general shut down of our service.
All provisions of this Agreement which by their nature should survive termination shall survive termination,
including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of
liability.
- Disclaimer of Warranties. The Service is provided "as is".
Amplafi, Inc. and its suppliers and licensors hereby disclaim all warranties of any kind, express
or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose
and non-infringement. Neither Amplafi, Inc. nor its suppliers and licensors, makes any warranty
that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand
that you download from, or otherwise obtain content or services through, the Service at your own discretion
and risk.
- Limitation of Liability. In no event will Amplafi, Inc. ,
or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any
contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or
consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interuption
of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to
Amplafi, Inc. under this agreement during the twelve (12) month period prior to the cause of
action. Amplafi, Inc. shall have no liability for any failure or delay due to matters beyond their
reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- General Representation and Warranty. You represent and warrant that (i) your use of the
Service will be in strict accordance with the Amplafi, Inc.
Privacy Policy, with this Agreement and with all applicable laws and regulations (including without
limitation any local laws or regulations in your country, state, city, or other governmental area, regarding
online conduct and acceptable content, and including all applicable laws regarding the transmission of
technical data exported from the United States or the country in which you reside) and (ii) your use of the
Service will not infringe or misappropriate the intellectual property rights of any third party.
- Indemnification. You agree to indemnify and hold harmless Amplafi, Inc. ,
its contractors, and its licensors, and their respective directors, officers, employees and agents from and
against any and all claims and expenses, including attorneys' fees, arising out of your use of the Service,
including but not limited to out of your violation this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between
Amplafi, Inc. and you concerning the subject matter hereof, and they may only be modified by a
written amendment signed by an authorized executive of Amplafi, Inc., or by the posting by
Amplafi, Inc. of a revised version. Except to the extent applicable law, if any, provides
otherwise, this Agreement, any access to or use of the Service will be governed by the laws of the state of
California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising
out of or relating to any of the same will be the state and federal courts located in Santa Clara County,
California. Except for claims for injunctive or equitable relief or claims regarding intellectual property
rights (which may be brought in any competent court without the posting of a bond), any dispute arising under
this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial
Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules.
The arbitration shall take place in Mountain View, California, in the English language and the arbitral
decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this
Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or
unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions
will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or
any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach
thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound
by, its terms and conditions; Amplafi, Inc. may assign its rights under this Agreement without
condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors
and permitted assigns.
(Thanks to the good folks at WordPress.com who have made this
available Terms of Service available under a Creative Commons Sharealike license.)