The term “Application” shall mean the software provided by Soscribe to access and use the Service. This shall also include any and all upgrades provided by us from time to time and any other software or documentation we provide that enables the use of the Application.
The term “Application Content” refers to any content that is made available on the Application including content that is aggregated by us from third party sources.
The term “Service” refers to Soscribe’s analysis of the data available on your newsfeed on your Facebook and Twitter accounts to bring you an aggregation of certain updates about your contacts and events listed in these accounts.
Eligibility. To access or use the Service, you must be 13 years or older and have the requisite power and authority to enter into these Terms. If you are under 18 years old, you may use the Service, only with the approval of your parent or guardian. You may not access or use the Service if we have previously banned you from the Service or closed your account.
Registration and Account Security. You may create an account and access our Services by using Facebook or Twitter login credentials. You are solely responsible for any and all use of your account and for maintaining the confidentiality of your password and account, if any, and for any and all activities that occur under your password or account. You agree (i) not to use the account, username, screen name, or password of any other user at any time; (ii) not to allow or enable any third party to use your account, username, screen name, or password; (iii) not to sell, rent, borrow, or otherwise transfer your account, temporarily or permanently, to any third party; (iv) ensure that you exit from your account at the end of each session when accessing the Service; (v) immediately notify Soscribe of any unauthorized use of your password or account or any other breach of security. Soscribe will not be liable for any loss or damage arising from your failure to comply with this Section. You are also solely responsible for any personal information that is stored on your mobile device and for any and all liability for any personal information compromised therefrom.
License – Use of the Service requires you to download and install the Application on your mobile device. Subject to these Terms, Soscribe hereby grants you a limited, nonexclusive, nontransferable, revocable license to install, execute and use the Application on your mobile device solely to access and use the Service. Your license to the Application is automatically revoked if you breach or violate these Terms in any manner. We reserve all rights not expressly granted in these Terms. No implied licenses are granted by Soscribe.
Restrictions – The rights granted to you by these Terms are subject to the following restrictions:
You shall not license, sell, rent, lease, transfer, assign, distribute, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party other than an authorized user;
You shall not access the Application in order to build a similar or competitive product or service;
Except as expressly stated herein, no part of the Application may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording or other means; and
Any future release, update, or other addition to functionality of the Application shall be subject to the terms of this Agreement, unless Soscribe expressly states otherwise.
Neither Soscribe nor any of its suppliers is obligated to provide any services, updates or upgrades to the Application. You shall preserve all copyright and other proprietary rights notices in the Application and all copies thereof.
Open Source Software – Certain items of independent, third-party code may be included in the Application that are subject to the GNU General Public License (“GPL”) or other open source licenses (“Open Source Software”). Such Open Source Software is licensed under the terms of the license that accompanies such Open Source Software. Nothing in this Agreement limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such Open Source Software. In particular, nothing in this Agreement restricts your right to copy, modify, and distribute such Open Source Software that is subject to the terms of the GPL.
Export – The Application and related technology are subject to U.S. export control laws and may be subject to export or import regulations in other countries. You hereby agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Soscribe, or any products utilizing such data, in violation of the United States export laws or regulations. You agree to indemnify and hold Soscribe harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorney’s fees) arising from or relating to any breach by you of your obligations under this section. Your obligations under this section shall survive the expiration or termination of this Agreement.
Ownership of Intellectual Property – Excluding the data obtained through access to your Facebook and Twitter accounts, the Application, Service and all technology used to provide the Service is exclusively owned by us or our suppliers (collectively “Soscribe Property”). Soscribe Property is protected by Australian, United States and international intellectual property laws, which may include but is not limited to copyright, trade dress, patent, and/or trademark laws, and all other applicable laws. These Terms do not grant you any rights to use our trademarks, logos, domain names, or other brand features.
Feedback – If you provide any feedback or suggestions to Soscribe regarding the Service or Application or its content (collectively, “Feedback”), Soscribe may use such Feedback for any purpose. So that we may incorporate such Feedback into Soscribe’s Application and/or Soscribe’s Services, Soscribe alone will own all right, title and interest, including all related intellectual property rights, in and to all such Feedback and you hereby assign such Feedback to Soscribe free of charge. If such assignment is ineffective under applicable law, you hereby grant to Soscribe, under all intellectual property and proprietary rights, a worldwide, perpetual, irrevocable, non-exclusive, fully-paid and royalty-free license, with the right to sublicense through multiple levels, to store, reproduce, modify, create derivative works of, publish, distribute, transfer, transmit, publicly display, publicly perform, use and exploit in any manner any and all Feedback. To the extent permitted by applicable laws, you hereby waive any moral rights or rights of publicity or privacy you may have in the Feedback.
Third Party Links – The Service may contain links to websites operated by third parties. Such third party websites are not under the control of Soscribe. Soscribe is not responsible for the content of any third party website or any link contained in a third party website. Soscribe provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third party websites. If you decide to access any of the third party websites linked to the Service, you do this entirely at your own risk. Third party websites are subject to their own terms and policies, including privacy and data gathering practices. Soscribe makes no warranty, express or implied, as to any third party website linked to the site including any warranties of the accuracy, ownership, validity, or legality or any content of a linked third party site.
Fees – Soscribe does not charge any fee for its Service. However, your carrier’s normal rates and fees, for any telephone, data plan, messaging, internet or other service charges will still apply and you are solely responsible for any disputes related to such charges. Any links within the Service to other services that require a payment are controlled by third parties and Soscribe does review, approve, monitor, endorse, warrant, or make any representations with respect to the third party websites. These links are governed by Section 7.
You may stop using the Service at any time. Soscribe reserves the right to terminate your account and block or restrict your access to the Service if Soscribe reasonably believes you are violating any provision of the Terms or for any other reason or for no reason at all. Upon termination of your account, you agree to immediately stop accessing or using the Service and to delete and uninstall the Application from your mobile device. You agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use. Soscribe reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Service, including technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
We reserve the right (but have no obligation), in our sole discretion, to investigate and take appropriate action, including removing your content from our Application (or modifying it), suspending or terminating your account and/or suspending or terminating the provision of our Service, and/or reporting you to law enforcement authorities, if you violate any provision of these Terms. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect our systems, affiliates, service providers, partners, and other users, or to ensure the integrity and operation of our business and systems, we may access and disclose any information or content we consider necessary or appropriate, including your account information (i.e. name, e-mail address, etc.), IP address and traffic information, usage history, your content and your conduct.
SOSCRIBE IS PROVIDING THE SERVICE, APPLICATION OR ITS CONTENT ON AN “AS IS” BASIS FOR ACCESS AND USE AT YOUR OWN RISK. SOSCRIBE PROVIDES NO TECHNICAL SUPPORT, WARRANTIES OR REMEDIES FOR THE APPLICATION OR THE TECHNOLOGY PROVIDING THE APPLICATION. SOSCRIBE DISCLAIMS ALL WARRANTIES REGARDING THESE TERMS, SERVICE, APPLICATION OR ITS CONTENT, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, ACCURACY, COMPLETENESS, CURRENTNESS AND QUIET ENJOYMENT. SOSCRIBE DOES NOT WARRANT THAT USE OF THE APPLICATION OR SERVICE WILL BE UNINTERRUPTED, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APPLICATION IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO OUR SERVICE, APPLICATION OR ITS CONTENT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE OF YOUR FIRST USE OF SUCH SERVICE, APPLICATION OR ITS CONTENT. NO WARRANTIES ARE MADE BY ANY OF OUR SUPPLIERS.
YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY OF YOUR CONTENT, INCLUDING ANY LOCATION INFORMATION, TO US THROUGH OUR APPLICATION OR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK UPS OF YOUR CONTENT.
SOSCRIBE OPERATES AND PROVIDES THE APPLICATION AND SERVICE FROM THE UNITED STATES. SOSCRIBE MAKES NO REPRESENTATION THAT THE SERVICE, APPLICATION OR ITS CONTENT, ARE APPROPRIATE OR AVAILABLE IN OTHER LOCATIONS. THE INFORMATION PROVIDED ON THE APPLICATION OR SERVICE IS NOT INTENDED FOR DISTRIBUTION TO OR USE BY ANY PERSON OR ENTITY IN ANY JURISDICTION OR COUNTRY WHERE SUCH DISTRIBUTION OR USE WOULD BE CONTRARY TO ANY LAW OR REGULATION OF THAT JURISDICTION OR COUNTRY OR WHICH WOULD SUBJECT Soscribe TO ANY REGISTRATION REQUIREMENT WITHIN SUCH JURISDICTION OR COUNTRY.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SOSCRIBE NOR ITS SUPPLIERS SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS OR CONDITIONS RELATED THERETO OR THE APPLICATION OR THE SERVICE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY (A) FOR LOSS OR INACCURACY OF DATA OR LOSS OR DAMAGE TO YOUR ACCOUNT, COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, OR (B) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO LOSS OF REVENUES AND LOSS OF PROFITS OR (C) PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, ARISING FROM OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE, APPLICATION OR ITS CONTENT, FOR ANY REASON, INCLUDING INTERRUPTIONS OF THE SERVICE, APPLICATION OR ITS CONTENT CAUSED BY (I) SOFTWARE OR HARDWARE FAILURES OR ISP DISRUPTIONS, (II) DELAYS, NON-DELIVERIES, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OR SERVICE INTERRUPTIONS CAUSED BY US, (III) YOUR CONTENT, (IV) LOCATION INFORMATION PROVIDED BY YOU, ANY OTHER USER, OR OTHERWISE DISCLOSED ON THE SERVICE, OR (V) YOUR OR ANY OTHER USER’S ERRORS OR OMISSIONS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOSCRIBE’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER SHALL NOT EXCEED THE GREATER OF FIFTY DOLLARS ($50.00) OR THE AMOUNT PAID BY CUSTOMER FOR THE LICENSED SOFTWARE THAT CAUSED SUCH DAMAGE. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICE, APPLICATION OR ITS CONTENT.
Exclusions – Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations in Sections 10 and 11 above may not apply to you.
Basis of Bargain – The warranty disclaimer and limitation of liability set forth above are fundamental elements of the basis of the agreement between you and Soscribe. Soscribe would not be able to provide the Application on an economic basis without such limitations. The warranty disclaimer and limitation of liability inure to the benefit of Soscribe’s suppliers.
User’s Representation and Warranties. You represent and warrant that:
Your use of our Service does not violate any applicable law or regulation or these Terms;
You will not interfere with another user’s use and enjoyment of the Service and also agree not to: (a) impersonate any person or entity, falsely claim an affiliation with any person or entity, access the Soscribe Accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Service, or perform any other similar fraudulent activity; (b) defame, harass, abuse, threaten or defraud Soscribe users or third parties, or collect, or attempt to collect, personal information about Soscribe users or third parties without their explicit consent; (c) intentionally interfere with or damage operation of the Service or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
You will not tamper with the security features of Soscribe which may include but not be limited to the following actions: (a) access the Service through any automated means, including “robots,” “spiders,” “scrapers,” or “offline readers”; (b) introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment related to the Service; (c) damage, disable, overburden, impair, interfere with, disrupt, or gain unauthorized access to the Service, including Soscribe’s or its agents’ servers, computer networks, or third-party Soscribe Accounts, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (d) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Service; and
You will not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Application or the Service or any part of the foregoing, or modify, adapt, translate or create derivative works based on the Service or Application or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Indemnification – You agree to defend, indemnify and hold Soscribe, its affiliates and service providers and each of their respective officer, directors, agent and employees harmless from and against any and all claims, costs, damages, liabilities, losses and expenses (including attorneys’ fees and costs) arising out of or in relation to or for the purpose of avoiding, any claim or demand from a third party that your use of the Service or the use of the Service by any person using your account violates any applicable law, regulation, these Terms or the rights of any third party, including but not limited to intellectual property rights, confidentiality, property or privacy rights. You agree to fully cooperate with us as required by us in the defense of any such claim. You will not in any event settle any such claim without our prior written consent.
Assignment and Delegation – You may not assign or delegate any rights or obligations under these Terms. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate these Terms, including any rights or obligations under these Terms, without your consent or notice to you.
Amendment – The Terms, Services, Application and its content are subject to revision, and if Soscribe makes any substantial changes, Soscribe will notify you by sending you an e-mail to the last e-mail address you provided to Soscribe (if any Soscribe may have in its records) and/or by prominently posting notice of the changes on the Application. Any material changes to these Terms, Services, Application and its content will be effective upon the earlier of thirty (30) calendar days following Soscribe’s dispatch of an e-mail notice to you or thirty (30) calendar days following Soscribe’s posting of notice of the changes on the Application. These changes will be effective immediately for new users of the Service. Continued use of the Service following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located in particular parts of this Application.
Modification – Soscribe reserves the right, at any time, to modify, suspend or discontinue the Application or Services or any part thereof, with or without your consent or any notice to you. You agree that Soscribe will not be liable to you or any third party for any modification, updates, suspensions, or discontinuance of the Application or Services, or any part thereof.