3. Registration Data; Account Security
If you register for an account through our Service, you agree to (a) provide accurate, current and complete information as may be prompted by any registration forms on the Service ("Registration Data"); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to Oktopost, and to keep Registration Data accurate, current and complete; (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Oktopost; and (e) use your account for a single business entity. You are responsible for all activity on your Oktopost account, and for all charges incurred by your Oktopost account.
4. Fees; Charges; Taxes
Fees and any other charges for the use of the Service are described on the website at: http://www.oktopost.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 or access to 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 and other charges will not be applicable to the billing period in which the change occurs. You are responsible for all taxes applicable to the fees, if any, in any applicable jurisdiction.
Fees paid to Oktopost for products and service offered on 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.
5. Ownership, Copyright and Trademarks
In these Terms the content on the Service, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called "Content." Content provided by Users is called "User Content." User Content remains the property of the User. Oktopost's rights to User Content are limited to the limited licenses granted in Section 6 and Section 17 of these Terms. Other than User Content, the Service, all Content and all software available on the Service or used to create and operate the Service is the property of Oktopost or its licensors, and is protected by United States and international copyright and intellectual property laws, and all rights to the Service, the Content and software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Oktopost. Oktopost collects certain information and data during the normal operation of the Service. The information and data collected through the operation of the Service is the property of Oktopost unless Oktopost has agreed to collect information and data on behalf of a Subscriber.. Your User Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage your User Content may cause to you or other people. Although we have no obligation to do so, we have the absolute discretion to remove any User Content posted or stored on the Service, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Service.
6. Limited License of Your User Content to Oktopost
We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to operate and provide the Service, now and in the future. For example, if a Subscriber requests that we collect certain information or data on its behalf, we require your permission and license to use the information or data in the operation of the Service.
7. Our Limited License of Content to You
Oktopost grants you a limited, revocable, non-exclusive, license to access and use the Service and to view, copy and print the portions of the Content available to you on the Service. Such license is subject to these Terms, and specifically conditioned upon the following: (i) you may only view, copy and print such portions of the Content for your own use; (ii) you may not modify or otherwise make derivative works of the Service or the Content, or reproduce, distribute or display the Service or any Content (except for page caching) except as expressly permitted in these Terms; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; and (v) you may not use the Service or the Content other than for its intended purpose. Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, this Agreement and your account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license in this Section is revocable by Oktopost at any time. You represent and warrant that your use of the Service and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. To request permission for uses of Content not included in this license, you may contact Oktopost at the address identified at the bottom of these Terms.
8. Infringement Claims; Repeat Infringers
Oktopost will process and investigate proper notices of alleged copyright or other intellectual property infringement related to material on its websites or servers and will respond appropriately, following the guidelines of the Online Copyright Infringement Liability Limitation Act and other applicable intellectual property laws. Where appropriate, and regardless of the merits of the alleged infringement, our response may include removing or disabling access to material claimed to be the subject of infringing activity. If we remove or disable access in response to such a notice, we may notify the owner or administrator of the affected site or content so that he or she can make a counter notification. Oktopost will, following appropriate investigation, terminate or disable access by repeat infringers. Claims of alleged copyright or other intellectual property infringement must be in writing and directed to Oktopost's designated agent.
Misrepresentations made in your notice regarding whether material or activity is infringing may expose you to liability for damages (including costs and attorneys' fees). Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
9. Use of Interactive Areas and the Service
The Service may contain interactive areas including interactive advertising and promotion areas, discussion forums, bulletin boards, review services or other forums in which you or third-parties may post content, messages, reviews or other materials on the Service ("Interactive Areas"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. User Content submitted to any public area of the Service will be considered non-confidential. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Service any of the following: 1. Any message, data, information, text, music, sound, photos, graphics, code or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; 2. Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; 3. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; 4. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; 5. Unsolicited promotions, political campaigning, advertising or solicitations; 6. Private information of any third-party, including, without limitation, addresses, phone numbers, email addresses and credit card numbers, unless that third-party has expressly consented to such use; 7. Viruses, corrupted data or other harmful, disruptive or destructive files; 8. Promotion entries or Content that we know or suspect are fraudulent or otherwise violate these Terms, or violate the rules and policies supplied by the promotion Sponsor; 9. Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or 10. Content that, in the sole judgment of Oktopost, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Service, or which may expose Oktopost or its affiliates or its users to any harm or liability of any type. Oktopost has a "zero-tolerance" policy towards SPAM: you may not use the Interactive Areas or the Service generally to send commercial or other messages to any third-party if those messages are not solicited, authorized or welcomed by the third-party, and in your use of the Service you must comply with all applicable laws, including laws that apply in any jurisdiction to SPAM and marketing practices, and with any applicable marketing association guidelines on ethical marketing practices. Any use of the Interactive Areas or other portions of the Service in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Service.
10. Providing a Reliable and Secure Service
We take security seriously. We strive to maintain a reliable and secure environment for your data. However, no system is perfectly secure or reliable, the Internet is an inherently insecure medium, and the reliability of hosting services, Internet intermediaries, your Internet service provider, and other service providers cannot be assured. When you use the Service, you accept these risks, and the responsibility for choosing to use a technology that does not provide perfect security or reliability. In particular, Subscribers who choose to provide credit card information on the Service accept these risks to the security of that credit card information. Ultimately, credit card data is provided by Subscribers and Subscribers are responsible for its protection.
11. Links to Other Sites
The Service contains links to third-party Web sites ("Third-Party Sites") and third-party content ("Third-Party Content") as a service to those interested in this information. Third-Party Sites include social network platforms, Subscriber and Sponsor sites, payment processors and other payment intermediaries that you may use in connection with your use of the Service. You use links to Third-Party Sites, and any Third-Party Content or service provided there at your own risk. Oktopost does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. Oktopost provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply Oktopost's endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. Oktopost accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or Web sites linking to the Service. When you leave the Service, our terms and policies are no longer applicable. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third-party.
12. Warranty Disclaimer
THE SERVICE AND THE CONTENT PROVIDED BY OR MADE AVAILABLE IN CONNECTION WITH THE SERVICE ARE PROVIDED TO YOU ON AN "AS IS" BASIS WITHOUT WARRANTIES FROM OKTOPOST OF ANY KIND, EITHER EXPRESS OR IMPLIED. OKTOPOST EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. OKTOPOST DOES NOT REPRESENT OR WARRANT THAT CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SERVICE, THE CONTENT OR ANY PORTION THEREOF. While Oktopost attempts to make your access to and use of the Service are safe, Oktopost does not represent or warrant that the Service or any Content are free of viruses or other harmful components.
13. Limitation of Liability; Indemnity
YOU WAIVE AND SHALL NOT ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST OKTOPOST, ITS AFFILIATES OR SUBSIDIARIES, THEIR SPONSORS, CONTRACTORS, ADVERTISERS, VENDORS OR OTHER PARTNERS, ANY OF THEIR SUCCESSORS OR ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES (COLLECTIVELY, THE "RELEASED PARTIES") ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE SERVICE OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OR ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, ALLEGED INACCURACY OF CONTENT, OR ALLEGATIONS THAT ANY RELEASED PARTY HAS OR SHOULD INDEMNIFY, DEFEND OR HOLD HARMLESS YOU OR ANY THIRD-PARTY FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SERVICE. YOU USE OR ACCESS TO THE SERVICE AT YOUR OWN RISK.
Without limitation of the foregoing, neither Oktopost nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Service or the Content, including without limitation any damages caused by or resulting from your reliance on the Service or other information obtained from Oktopost or any other Released Party or accessible via the Service, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Oktopost or any other Released Party's records, programs or services. In no event shall the aggregate liability of Oktopost, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Service exceed any compensation paid by you for access to or use of the Service during the three months prior to the date of any claim. Nothing in these Terms shall limit our liability in any claim for fraud or fraudulent misrepresentation. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials distributed in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages within the limits identified in this Agreement. You shall defend, indemnify and hold harmless Oktopost and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Service, and if you are a Subscriber, from your Agent(s)' use of the Service and from the use of the Service by any person to whom you give access to your account (such as staff), including any User Content that infringes the rights of any third-party, including the intellectual property rights, of any third-party.
15. Applicable Law and Venue
PLEASE NOTE: This Agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute. The Service is controlled by Oktopost Technologies, Inc. and operated from its offices in Israel. You and Oktopost both benefit from establishing a predictable legal environment in regard to the Service. Therefore, you and Oktopost explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Service will be governed by the laws of the State of Delaware and the federal laws applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. Except where prohibited by applicable law, any claim, dispute or controversy arising out of or relating to these Terms; (b) the Service or Content; (c) oral or written statements, advertisements or promotions relating to these Terms or to the Service; or (d) the relationships that result from these Terms or the Service or Content (collectively, a "Claim") will be referred to and determined by a sole arbitrator (to the exclusion of the courts). This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: (1) claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; (2) claims that arose before this or any prior Agreement (including, but not limited to, claims relating to promotions or advertising); (3) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and (4) claims that may arise after the termination of these Terms. You waive any right you may have to commence or participate in any class action against Oktopost related to any Claim and, where applicable, you also agree to opt out of any class proceedings against Oktopost. If you have a Claim, you should give written notice to arbitrate at the address specified in Section 19. If we have a Claim, we will give you notice to arbitrate at your address provided in your Registration Data. Arbitration will be conducted by one arbitrator pursuant to the rules of the American Arbitration Association in effect on the date of the notice in Delaware. To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction Delaware. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to use or access the Service from locations other than Delaware, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify Oktopost and the other Released Parties for your failure to comply with any such laws.
16. Termination/Modification of License and Service Offerings
Notwithstanding any provision of these Terms, Oktopost reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Service, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Service or Content; (c) change, suspend or discontinue any aspect of the Service or Content; and (d) impose limits on the Service or Content.
You acknowledge that from time to time Oktopost may apply updates to the Service and that such updates may result in changes in the appearance and/or functionality of the Service (including the addition, modification, or removal of functionality, features, or content). Excluding the addition of wholly new products, Oktopost shall provide, implement, configure, install, support, and maintain at its own cost any and all updates, upgrades, enhancements, improvements, releases, corrections, bug fixes, patches, and modifications to the Service (collectively, the "Updates"). You acknowledge that the Service interoperates with several Supported Platforms, and that the Service provided is highly dependent on the availability of such Supported Platforms. If at any time any Supported Platforms cease to make their programs available to Oktopost on reasonable terms, Oktopost may cease to provide such features to you without entitling you to refund, credit, or other compensation.
17. Inactive Accounts; Termination of Agreement
You and Oktopost may terminate these Terms and your use of the Service at any time. If you terminate your use of the Service, and if applicable, you must pay the fees applicable for the balance of the then current billing period (if your billing period is monthly, we will prorate your account to the nearest month-end after termination). When your Oktopost account is terminated, your User Content will, shortly thereafter, not appear on the Service, except for User Content submitted to our blog, which may remain on the Service after termination. You acknowledge and agree that Oktopost has no obligation to migrate or provide assistance in migration of data from the Service. Notwithstanding the foregoing, Oktopost support may help Users with the transfer of any stored data upon request. After thirty (30) days from the date of termination, Oktopost takes no responsibility for stored data and reserves the right to delete all remaining data. If these Terms expire or terminate for any reason, Sections 4, 9, 11, 12, 14, 16 and 17, and any representation or warranty you make in these Terms, shall survive indefinitely.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Oktopost may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Oktopost, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and Oktopost regarding your use of the Service, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and Oktopost regarding your use of the Service. The section titles in these Terms are for convenience only and have no legal or contractual effect. If a court of competent jurisdiction determines that any provision of these Terms 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.
If your bandwidth usage exceeds 250 MB/month, or significantly exceeds the average bandwidth usage of other Oktopost customers (as determined by Oktopost in its sole discretion), Oktopost reserves the right to immediately disable or impose restrictions upon your account until you reduce your bandwidth consumption.
Self service plans that are available for self registration on the Oktopost website are for non-enterprise accounts. Enterprise accounts are determined by Oktopost in its sole discretion and include factors such as bandwidth usage (above 250 MB/month), number of LinkedIn page followers (above 25,000) and other factors.
19. Questions and Comments
If you have any questions regarding these Terms or your use of the Service, please contact us.