Terms and Conditions
Welcome to Marketeer, a service that provides companies with an all-in-one marketing platform for their websites, which allows for simple and effective communication management between the company’s knowledge base and its clients.
B. Marketeer® Accounts.
C. Access, Use and Availability of Services.
D. Intellectual Property, Rights and Links to Third Parties.
E. Termination, Compliance and Enforcement.
F. Exclusion of Warranties and Liability.
G. Other Terms.
- The Terms
- Marketeer®. “Marketeer®” is a service and website that is owned and operated by Rudy Bianco and distributing on behalf the company Marketeer Lab S.L., with VAT ESB66558347 or any successor in interest of this company (the “Company”).
- Services. The Services include:
the websites www.Marketeer.co and my.Marketeer.co (the “Website”);
connection to and use of the Marketeer® server (the “Marketeer® Server”) by using the Marketeer® Client software to synchronise, send and share user files, information and other content (“Processing” of “User Content”, as defined below); and any products, software and services provided on or from the Website.
- The term Services does not include User Content synchronised by users through the Services and stored on the Marketeer Server.
- The Terms
- Users. These terms are applicable to all users of the Services, including visitors to the Website, and those who use the Marketeer® software and have a Marketeer® account for Processing User Content and the submission of any other information and material to the Website.
- Marketeer® Client software is distributed under the End-User License Agreement, the terms of which shall apply to each and every use of Marketeer® Client software; no condition of these terms shall be interpreted so as to restrict the rights guaranteed below. However any condition in these terms which is not incompatible with the aforementioned license shall be fully applicable to your use of the Services when using Marketeer® Client software in conjunction with the Services. The Company does not transfer either the title or intellectual property rights to the software, and the Company fully retains the software title as well as all intellectual property rights therein.
- Accepting the Terms
- Age. You affirm that you are either of 18 years or more, or that you have legal parental or guardian consent, and you are fully able and competent to accept the terms, conditions, obligations, affirmations, representations and warrantees set forth in these terms, and to abide by and comply with these terms.
- Marketeer® Accounts
- Account Information. Registration information and personal details. The information provided during registration and any other information submitted to Marketeer.co must be true, up-to-date, accurate and complete. For this purpose, the user guarantees the authenticity of all information and personal information submitted in the forms/fields necessary to register for the Services.
- Account Security. Users are responsible for keeping their passwords safe at all times. They are personal and nontransferable and users are responsible for any damages arising from undue use, transfers, disclosure or loss of passwords. In this regard, access to restricted areas and/or the use of Website content after logging in with a password will be deemed to be performed by the corresponding user, who will be held liable for any damages resulting from the Access or use with full indemnity to the Company. Users must immediately inform the Company of any circumstance that may entail a risk of access and/or use by an unauthorized individual in order for the Company to duly process the cancellation and substitution of the account. You agree not to hold the Company liable for any losses caused by any unauthorized use of your account.
- Access, Use and Availability of Services
- Conditions of Use of Services
- Free Access. Access to Marketeer.co and use of the Services is free, notwithstanding the fact that some services offered by the Company may eventually be charged in accordance to the specific contract conditions provided by the Company.
- Conditional Authorization. The Company hereby grants you permission to visit the Website and/or use the Services, subject to these Terms. Users agree not to use any of the Services and materials and information included in the Website for any purpose deemed illegal or expressly prohibited in these Terms, or in any manner which may be contrary to the Company’s and/or third parties’ rights and interests, or in any manner that may deteriorate the use of Marketeer.co.
- Prohibited Use. In particular but without limitation you will not:
- use the Website or any Services for any commercial use, without prior written authorization from the Company. Prohibited commercial use shall include, without limitation: the resale of access to the Website or any of the Services (including the Marketeer Server) on other website for the primary purpose of gaining advertising or subscription revenue; and the redistribution of the Services (and any User Content accessible through said Services) for the primary purpose of generating revenue from a substantially similar or comparable business enterprise to that carried out by Marketeer.co, but shall not include any use that is expressly authorized by Marketeer in writing;
- change or modify any part of the Marketeer Client or Server software and the Services other than as may be reasonably necessary to use the Services for their intended purpose;
- display, distribute, transmit, adapt or transform, by any means and form, the Website content (texts, designs, graphics, information, database, audio files and/or pictures, logos, etc.) or any other Website element, unless they are previously authorized by the lawful owner or if are permitted by law;
- distribute, copy or provide access to any part of the Services in any medium without prior written authorization from Marketeer;
- access User Content, or other content on the Marketeer Server or available on the Website (including Marketeer Content, as defined below) through any technology or means other than the Marketeer client or the Website itself, or such other means as the Company may explicitly designate for this purpose;
- circumvent, disable or otherwise interfere with any security related features of the Website or Marketeer Client or Server Software or features that (i) prevent or restrict the access, use or copying of any User Content or Marketeer Content or (ii) enforce limitations on the use of the Website or Marketeer Server or their content, nor attempt to do so;
- collect or harvest any personally identifiable information, including account names from the Services;
- use the communication systems provided by the Services and Services themselves for any commercial solicitation purposes;
- use or launch any automated system, including without limitation, offline readers, robots, spiders, that accesses the Services in a way that sends more request messages to the Marketeer servers in a given time period than a human can reasonably generate in the same period by using a standard online web browser;
- send messages or take any other action that may interfere with the proper working of the Company’s systems and infrastructure, especially by overloading it, damaging the physical and logical systems of Marketeer.co, its providers and third parties via means of submitting viruses in the net or any other physical or logical system; or
- breach any of the other provisions of these Terms including the Marketeer End-User License Agreement at any time during your use of the Services.
- As an exception to the above, the Company grants the operators of public search engines permission to use robots/spiders to copy and index materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of said materials. The Company reserves the right to revoke these exceptions either generally or in specific cases.
- Users will be held liable to the Company and/or third parties for any breach or violation of these obligations and/or for any damage, overload, submission or dissemination of viruses, and interference with the proper use of the Services, and materials and information included within the Services and Website, the information systems, documents, files and any kind of contents stored in any computer owned by the Company or any of its users.
- The Company reserves the right to terminate your license to use the Services at any time, or to charge for commercial usage in the future.
- You affirm, and/or warrant that you own or have the necessary licenses, rights, consent to process your User Content, as well as the permission to authorize the Company to use all copyrights, patents, trademarks, trade secrets, or other proprietary rights in and to any and all User Content to enable Processing of User Content in the way contemplated by the Services and these Terms.
- You agree to indemnify and hold the Company, its owners/operators, affiliates, and/or licensors, free of responsibility to the fullest extent allowed by law regarding all matters related to your use of the Services.
- Availability, Continuity and Limitations of the Use of Services
- The Company uses its reasonable endeavors to make Marketeer Server and its Services available to you at all times but it shall not, in any event, be liable for interruptions of Service or down-time of the Server. Due to special maintenance, security or capacity issues, and also to some events which the Company may not influence (e.g., anomalies in public communication networks, electricity cut offs, etc.), Services may be temporally suspended or affected by brief anomalies.
- The Company reserves the right:
- to suspend or discontinue any aspect or part of the Services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 7 days you will be notified of the reason; and/or
- to implement any technical or other measures to filter, limit, prevent processing and any other measure to prevent what may be deemed illegal or inappropriate use of the Services and exploitation of User Content
- Marketeer Services are not a back-up and retrieval service and the Company does not make a backup of the data stored and processed on the Marketeer Server.
- Conditions of Use of Services
- Intellectual Property, Rights and Links to Third Parties
- Website Content
- The content of the Website, including without limitation the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein (collectively, “Marketeer® Content”), is owned by or licensed to the Company and is subject to copyright, trade mark rights and other intellectual and industrial property rights of the Company or the Company’s licensors. Any third party trade or service marks present on the Website are trade or service marks of their respective owners.
- Marketeer Content is provided to you “as is” for your information and personal use only and may not be used, copied, distributed, reproduced, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without prior written consent of the respective owners. The Company reserves all rights not explicitly granted in and to the Marketeer Content. If you download or print a copy of the Marketeer Content for personal use, you must retain all copyright and other proprietary notices contained therein.
- User Content
- The Services permit users with a valid Marketeer account to synchronize data over the network among several terminal devices and equipment, send and share files with other users (collectively referred to as “Processing” of “User Content”).
- Without prejudice to the general obligations accepted by the user set forth in the previous sections, Marketeer does not allow Processing of User Content that may be deemed unlawful or that may deteriorate quality of service. Therefore, processing of the following content is forbidden:
- Unlawful content according to national, community or international law or content contrary to good faith.
- Legally protected content (e.g., by copyright and intellectual property law, trademarks, patents, utility models or design rights), without due authorization.
- Offensive or defamatory content, regardless of whether they affect other users or any other individuals or entities or content that promotes or incites criminal, defamatory, offensive or violent behavior or behavior that is otherwise illegal, immoral or contrary to public order and conduct.
- Content that violates other individuals’ fundamental or other rights, netiquette or may give rise to a negative opinion of other users or third parties.
- Content that violates obligations of confidentiality or secrecy (whether personal o professional).
- Content that is false, ambiguous, incorrect or exaggerated, that consists in unfair or illegal advertising or that may give rise to mistake as to such content or the intentions of the user.
- Pornographic content or content that infringes child protection legislation, or content that advertises, offers or distributes pornographic products or infringe child protection regulation.
- Content that includes viruses, trojans, worms, or any other form of malware or other data or applications that could damage Marketeer® or third party systems and servers.
- And generally any content that infringes the principles of legality, honesty, responsibility, human dignity protection, child protection, public policy, privacy protection, consumer protection and copyright and intellectual property rights.
- By Processing User Content, you retain all your ownership rights in your User Content but grant to the Company the right to reproduce by way of storage and provide access and communicate to other users authorized by you in connection with Marketeer Services the User Content processed by you. You are solely responsible for your own User Content and the consequences of processing it. This license terminates when you remove or delete your User Content from the Services.
- The Company does not previously review or control or endorse any content that is processed by users. However, if the Company has effective knowledge, on its own or prompted by a third party, that any content processed via the Services may infringe the law, these Terms or other users’ and third parties’ rights, it may remove it from the Marketeer Server without prior notice. Thus the Company reserves the right (but shall have no obligation) to decide whether User Content is appropriate and complies with the content requirements set out in these Terms; and to remove User Content and/or terminate a user’s access to add such content in violation of this Agreement at any time, at its sole discretion and without prior notice.
- In addition, the Company may cooperate with administrative and judicial authorities and, when required by law, provide access to said authorities to the User Content processed by you.
- Links. The Website and Services may include hyperlinks to other websites that are not owned or controlled by Marketeer. Marketeer has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. You acknowledge and agree that Marketeer is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
- You acknowledge and agree that Marketeer is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.
- Website Content
- Termination, Compliance and Enforcement
- Terms and Termination
- The Terms will continue to apply until terminated by either you or the Company as set out herein.
- If you wish to terminate your legal agreement with Marketeer, you may do so by (a) notifying the Company at any time and (b) closing your Marketeer account. Your notice should be sent, in writing, to the Company address which is set out at the beginning of these Terms.
- The Company may at any time, terminate its agreement with you if:
- you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
- the Company is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
- the Company no longer provides the Services to users in the country in which you are resident or from which you use the Services; or
- the provision of the Services to you by the Company is, in the Company’s opinion, no longer commercially or otherwise viable.
- In particular the Company will terminate its agreement with you, if you are considered a repeat infringer. A repeat infringer is a User who has had User Content removed from the Services more than twice and/or has been notified of infringing activity more than twice.
- In addition, the Company reserves the right to terminate its agreement with you if:
- The provision of the Services to you by the Company is, in the Company’s opinion, no longer commercially or otherwise viable.
- Your user account is inactive for more than 2 months. In this event, we will provide you 15 working days/20 calendar days’ notice of termination, sent to your registered email address. After said period, if we do not hear from you (by responding to the notification or contacting us as set out below), we will remove your data and deactivate your account. We will keep a backup copy of your data for an additional period of 15 working days/20 calendar days from deactivation in case you miss this notification. However after that period, we reserve the right to delete all your data from our systems.
- In addition, the Company reserves the right to suspend its agreement with you:
- If the amount of user data processed by us exceeds 10% of any stated data limit for a period of more than 15 consecutive days.
- If the amount of user data processed in the period of one calendar month exceeds the monthly storage contracted.
In this event, the user will be notified and Marketeer® reserves the right to suspend the user services until the following month.
- When these Terms are terminated due to breach (including, without limitation, repeated infringement by you), the Company may block or remove your access and/or account and any User Content you have provided during the use of the Services, and take any further action required, including providing account, traffic and data usage to public authorities as required by law or court order, to protect its interests.
- In regard to termination for any reason, the Company may block or remove your access and/or account and any User Content you have provided during the use of the Services in accordance with the terms set out herein, and all of the legal rights, obligations and liabilities that you and the Company have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.
- Terms and Termination
- Exclusion of Warranties and Liability
- Warranty Disclaimer
- You agree that your use of the Services shall be at your own risk.
- To the fullest extent permitted by law, the Company, its officers, directors, employees, and agents disclaim all warranties, express or implied (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description), in connection with the Services and your use thereof, except to the extent that they are expressly set out in the Terms.
- In particular, the Company does not represent or guarantee that:
- your use of the Services will meet your requirements,
- your use of the Services will be uninterrupted, timely, secure or free from error,
- any information obtained by you as a result of your use of the Services will be accurate, complete or reliable, and
- that defects in the operation or functionality of any software provided to you as part of the Services will be corrected.
- The Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website or any hyperlinked website or featured in any banner or other advertising, and the Company will not be party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
- Nothing in the Terms shall affect any statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
- Limitation on Liability
- In no event shall the Company, its officers, directors, employees, or agents be liable to you for:
- any indirect or consequential losses which may be incurred by you. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you; or
- any loss or damage which may be incurred by you as a result of:
- any reliance placed by you on the completeness, accuracy or existence of any content, or as a result of any relationship or transaction between you and any provider of content whose content appears on the Services (including both User Content and Marketeer® Content);
- any changes which Marketeer may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);
- the deletion of, corruption of, or failure to store, any User Content and other communications data maintained or transmitted by or through your use of the Services;
- any errors in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Services;
- any bugs, viruses, or the like, which may be transmitted to or through the Services by any third party, and/or
- your failure to provide Marketeer® with accurate account information;
- your failure to keep your password or Marketeer® account details secure and confidential; or
- any unauthorized access to or use of our servers and/or any information stored therein.
- The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
- You specifically acknowledge that the Company shall not be liable for User Content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
- The Services are controlled and offered by Marketeer from its facilities in Spain. Marketeer makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
- In no event shall the Company, its officers, directors, employees, or agents be liable to you for:
- Warranty Disclaimer
- Other Terms
- These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.
- You agree to defend, indemnify and hold harmless the Company, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the Services; (b) your violation of any of these Terms; (c) your violation of any third-party rights, including without limitation any copyrights, property, or privacy rights; or (d) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive termination of these Terms and your use of the Services.
- You agree that: (i) the Services shall solely be deemed from Spain; (ii) the Services shall not give rise to personal jurisdiction over the Company, either specific or general, in jurisdictions other than Spain.
- These Terms of Service shall be governed by the laws of Spain. Any claim or dispute between you and the Company that arises in any part from the Services shall be decided exclusively by a court of competent jurisdiction located in Barcelona, Spain.
- If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
- No waiver of any term of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
- You are solely responsible for your interactions with other Marketeer® users. The Company reserves the right, but has no obligation, to monitor disputes between you and other users.
For any questions or comments about this Agreement, please contact us at firstname.lastname@example.org.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
Third-Party Rights – Infringement Notification
If a user or third party considers that any content processed by the Services involves unlawful activities and, particularly, if they infringe their intellectual or industrial property rights (copyrights, patents, trademarks and trade names, etc.) or any other rights, or is published fraudulently or in bad faith, the user should send us a notification including the following elements:
- Claimant’s personal information: name, address, phone number and email address.
- Identification of the possible unlawful activity in the Website and if it specifically concerns infringement of third-party rights, precise and concrete identification of the protected rights and the web pages.
- Acts or circumstances that reveal the unlawfulness of such activities;
- In the case of rights infringement, a hand-written signature or the equivalent, and personal identification of the owner of the infringed rights or the agent authorized to act on his/her behalf.
- An express and clear statement in which the claimant asserts, under his/her responsibility, that all the provided information is accurate and that referenced activities are unlawful.
Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.