The below terms and conditions govern the use of the DigitalOcto application (“DigitalOcto”, “Service”), which has been made available by Beyond Creativity Group, Ltd. (“Company”, “us”, “we” or “our”). By using DigitalOcto, you (“User” or “You”) agree to be bound, without modification, to this Terms and Conditions Agreement (“Agreement”). If you do not agree to be bound to this Agreement, you cannot use DigitalOcto.
Company reserves the right to change this Agreement at any time, at its sole discretion. If Company makes any changes, it will notify Users at the email address provided by each User, and it will post any such changes here. You are responsible for reviewing any such amendments. Your continued use of DigitalOcto after posting of an amended Agreement constitutes your acceptance of any such modified terms. This Agreement was last modified on September 16th, 2016.
We provide a suite of custom Facebook Page creation solutions through our Site at https://www.DigitalOcto.io. You may use the Service for your personal and business use or for internal business purpose in the organization that you represent. From time to time, we may change, modify, or upgrade the functionality or appearance of DigitalOcto, which may include the removal of functionality, content, or integrations. DigitalOcto will be down at certain points for maintenance and upgrades. Company does not and cannot guarantee that User will have continual access or that any particular content will be distributed to the Facebook Platform.
Facebook Terms of Service
In order to use DigitalOcto, 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 use DigitalOcto using a Facebook account not being your real identity, your account will be disabled without further notice. All Facebook terms of service you should comply with are accessible here: http://www.facebook.com/terms.php
By using DigitalOcto, you represent and warrant that (a) you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms and Conditions; (b) all registration information you submit is truthful and accurate; (c) you will maintain the accuracy of such information; (d) you are 13 years of age and older; and (e) your use of the Service does not violate any applicable law or regulation. Use of the Service is void where prohibited.
You can create an account with us by registering on DigitalOcto.io. You are solely responsible for all activities that occur under your account. You agree not to use the account, username or password of another User at any time or to disclose your password to any third party or do anything else that might jeopardize the security of your account. You agree to notify us immediately of any unauthorized use of your account. If we have reasonable grounds to suspect violation of these terms or that registration information you have provided is untrue, inaccurate, outdated, or incomplete, we may terminate your User account and refuse current or future use of the Service. We are not responsible for any loss or damage to you or any third party that may be incurred as a result of any unauthorized access and/or use of your account, or otherwise.
Subscription to Beta Services
We may offer certain Services as closed or open beta services (“Beta Services”) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. You will be under no obligation to acquire a subscription to use any Paid Services as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you.
Company’s Intellectual Property
DigitalOcto is the property of Company, and contains information and data which is protected by copyright, trademark, trade secret, and other such intellectual property laws. You agree to abide by all copyright notices and trademark restrictions.
We are not granting any license to you under any of those intellectual property rights by virtue of these Terms and Conditions. You further acknowledge and agree that DigitalOcto retains ownership and control over the “look and feel” and substance of our tools, widgets, buttons, applications and the like. We reserve all rights that are not explicitly granted to you in this Agreement.
DigitalOcto trademarks, logos, service marks, images, trade names, designs, page headers, button icons, scripts and other distinctive branding features used in connection with the Service are the trademarks, service marks or trade dress of DigitalOcto and may not be copied, imitated, or used, in whole or in part, without the prior written permission of DigitalOcto.
User’s Intellectual Property.
User retains all intellectual property rights, including copyrights, over user’s content posted to the Facebook Platform using DigitalOcto (“User Content”). You grant Company a non-exclusive (meaning you are free to license your Content to anyone else in addition to DigitalOcto), fully-paid and royalty-free (meaning that we are not required to pay you for the use on the Service of the Content that you post), transferable and sub-licensable (so that we are able to use our affiliates and subcontractors such as Internet content delivery networks to provide the Service), world-wide (because the Internet and the Service are global in reach), limited license to access, use, reproduce, electronically distribute, transmit, perform, format, display, store, archive, and index User Content for the purpose of your use of DigitalOcto and DigitalOcto’s integration with Facebook Platform.
User may not and may not allow others to: (a) sell, rent, lease, license, sublicense, or assign use of DigitalOcto to others; (b) reverse engineer, decompile, disassemble, or otherwise derive the source code from DigitalOcto; (c) alter, modify, adapt, reconfigure, or prepare derivative works of DigitalOcto; (d) copy, extract, summarize, distribute, or otherwise use DigitalOcto in any manner which competes with or substitutes for Company’s distribution of DigitalOcto to its customers; (e) use DigitalOcto to violate the CAN-SPAM Act or the laws of any applicable jurisdiction; (f) use DigitalOcto to abuse, defame, harass, threaten, or post illegal content; (g) use DigitalOcto to transmit a virus, Trojan horse, worm, hack, or any harmful content; (h) use DigitalOcto to gain unauthorized access to DigitalOcto or Facebook Platform; or (i) use DigitalOcto to post content that infringes upon the copyright, trademark, trade secret, publicity rights, trademarks, or other intellectual property interests of any other person or property. User will promptly notify Company if User’s DigitalOcto account has been subject to a security breach, including disclosure of your username or password, or if User has had a security breach to any of User’s integrated Facebook account.
You own the Content created or stored by you. Unless specifically permitted by you, your use of the Service does not grant us the license to use the Content created or stored by you for our commercial, marketing or any similar purpose. You agree not to use, display or share your Content or any data we provide you (collectively, “User Data”) in a manner inconsistent with our Terms and Conditions, Guidelines and all applicable laws and regulations. We are not required to keep back-up copies of User Data on DigitalOcto once your account or User Data is deleted. We make no guarantee that User Data will be safely stored on the Site. To be safe, you should independently back-up your User Data, to the extent permitted herein and by applicable laws and regulations. You acknowledge that we may terminate the account of any User in accordance with this Agreement.
Inactive User Accounts Policy
We reserve the right to disable or deactivate unpaid User accounts that are inactive for more than 30 days. In the event of such termination, all data associated with such User account may be deleted. We will provide you prior notice of such termination by email. In the future, we may limit the number of free Facebook Pages or other Services and may impose different usage restrictions than currently offered.
By providing us your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law. We may also use your email address to send you other messages, such as updates, user communications, newsletters, changes to features of the Service, or our offers. If you do not want to receive certain email messages, you may opt out by contacting our support team. Opting out may prevent you from receiving valuable messages regarding updates, improvements, offers, or communications from other Users. DigitalOcto reserves the right to send you notices about your account even if you opt out of all voluntary email notifications.
Disclaimer and Limitation of Liability.
To the extent allowed by law, Company does not make any warranty regarding DigitalOcto, including, but not limited to, the materials, the software, the content, the support, and/or the documentation, or any services or products provided through or in connection with DigitalOcto, including integration with Facebook Platform. DigitalOcto is licensed to user “as-is” and “as-available,” without any warranty of any nature, express or implied, and both Company and DigitalOcto expressly disclaim any and all warranties, including, without limitation: (a) any warranties as to the availability, accuracy, or completeness of the materials, software, content, support, documentation, information, products, or services which are part of DigitalOcto; (b) warranties of fitness for a particular purpose, merchantability, or non-infringement, and (c) any warranty that DigitalOcto will always be available, error-free, accessible, timely, or secure.
Company disclaims any liability or responsibility for user content or the behavior of Facebook Platform. In no event will Company, its subsidiaries, affiliates, licensors, employees, agents, or contractors be liable to User for any damages or losses, including without limitation indirect, consequential, special, incidental or punitive damages resulting from or caused by DigitalOcto, the materials, the software, the content, the support, the documentation, or any errors or omissions in DigitalOcto or the integration with Facebook Platform, even if Company is advised of the possibility of such damages. Any liability of Company, its subsidiaries, affiliates, licensors, employees, agents, or contractors, including without limitation any liability for damages caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, hacking, tampering, unauthorized use, communications line failure, theft, or destruction or unauthorized access to or alteration of DigitalOcto or social media platforms, or use of records, whether for breach of contract, tortious behavior, negligence, or under any other cause of action, claims or damages, including, without limitation, damages for loss of business, business profits, business interruption, business information, data loss or corruption, or any other pecuniary loss arising out of or relating to the use of or the inability to use DigitalOcto or Facebook Platform, shall be strictly limited to the amount paid to Company by or on behalf of user in connection with DigitalOcto in the three (3) months prior to the claimed injury or damage. Company does not represent or endorse the accuracy, currentness, or reliability of any advice, opinion, statement or other information displayed, uploaded, or distributed through DigitalOcto, including but not limited to, the materials, the software, the content, the support, and/or the documentation. User acknowledges that any reliance upon any such opinion, advice, statement, or information shall be at user’s sole risk. Some jurisdictions do not allow for some of the limitations or exclusions as set forth herein. User may have other rights which vary from jurisdiction to jurisdiction.
Term and Termination
You may terminate your account and end your use of the Service at any time and for any or no reason. DigitalOcto has the right (at its sole discretion) for any reason to (a) delete, disable or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service, (b) remove and discard any Content within any account or anywhere on the Site or (c) shut down an account, with or without notice, and with no liability of any kind to you.
If you terminate your account, we will have no obligation to refund you any fees you may have paid except as may be required by applicable law. Upon deactivating your account, this Agreement terminates and your access rights to the Service immediately cease to exist.
Warranty and Indemnification.
User represents and warrants that it will not use DigitalOcto to post content that infringes upon the copyright, trademark, trade secret, publicity rights, trademarks, or other intellectual property interests of any other person or property, or to post content that is in violation of any laws or regulations of any applicable jurisdictions. User agrees to indemnify Company, its affiliates, directors, officers, employees, and agents against all claims and damages arising out of the breach or alleged breach of any representations, warranties, or agreements made by User under this Agreement and User’s use of DigitalOcto.
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remainder of this Agreement shall not in any way be affected or impaired.
Neither Party shall liable hereunder for any failure or delay in the performance of its obligations under this Agreement, except for the payment of money, if such failure or delay is on account of causes beyond its control, including labor disputes, civil commotion, war, fires, floods, inclement weather, governmental regulations or controls, casualty, government authority, strikes, or acts of God, in which event the non-performing party shall be excused from its obligations for the period of the delay and for a commercially reasonable time thereafter.
This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous written or oral agreements between them or any of their affiliates, with respect to the subject matter contained herein. This Agreement may not be modified or altered except by written instrument executed by a corporate officer of Company.