Terms of Service / Usage
We (the folks at GetPushMarketing, a GetInstafy Service) run a website hosting platform called GetPushMarketing.com and would love for you to use it. GetPushMarketing’s basic service is free for limited time, and we offer paid plans for advanced features. Our service is designed to give you as much control and ownership over what goes on your notifications as possible and encourage you to express yourself freely. However, be responsible in what you publish. In particular, make sure that none of the prohibited items (like spam, excess volume, viruses, or serious threats of violence, in appropriate language) appear on your notifications. We are the sole abitur of what is deemed “appropriate” and “proper usage” of our SaaS products. We may limit, suspend or revoke your usage at any time and for any reason we deem fit. You cannot undo a push notification send. So, use best sending practices at all times.
If you find a client of ours that you believe violates these Terms of Service, please contact us with details.
We also have additional services and products designed to make the web a better place. Violating our terms of service for any of our other products may extend to.
Terms of Service:
We refer to GetPushMarketing and GetInstafy LLC. collectively as GetPushMarketing or “we” throughout this agreement.
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by GetPushMarketing, acceptance is expressly limited to these Terms.
Our Services are not directed to children. Access to and use of our Services is only for those over the age of 18 (or 21 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 18 years of age or older (21 years or older in the European Union).
Use of our Services requires a GetPushMarketingaccount. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
Your GetPushMarketingAccount and Website. If you create an account on GetPushMarketing.com, 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 immediately notify GetPushMarketing of any unauthorized uses of your account, your push notifications, or any other breaches of security. GetPushMarketing 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.
Responsibility of Contributors. If you operate an account, comment on a post, post material to GetPushMarketing.com, post links on GetPushMarketing, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using GetPushMarketing.com, you represent and warrant that your Content and conduct do not violate these Terms or the User Guidelines. By submitting Content to GetPushMarketing for inclusion on your push notifications, you grant GetPushMarketing a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting our services. This license allows GetPushMarketing to make publicly-posted content available to third parties selected by GetPushMarketing (through Firehose, for example) so that these third parties can analyze and distribute (but not publicly display) your content through their services. You also give other GetPushMarketing.com users permission to share your Content on other GetPushMarketing / GetInstafy websites and add their own Content to it (aka to repost your Content), so long as they use only a portion of your content. If you delete Content, GetPushMarketing.com we will retain if possible that content, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, GetPushMarketing has the right (though not the obligation) to, in GetPushMarketing’s sole discretion, (i) reclaim your username or website’s URL due to prolonged inactivity, (ii) refuse or remove any content that, in GetPushMarketing’s reasonable opinion, violates any GetPushMarketing policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of GetPushMarketing.com / GetInstafy.com to any individual or entity for any reason. GetPushMarketing / GetInstafy will have no obligation to provide a refund of any amounts previously paid.
We use a third party, comScore, Inc. (“comScore”) and Google Analytics to measure GetPushMarketing’s / GetInstafy’s audience and usage. By using our service on our website (GetPushMarketing.com / GetInstafy.com), you agree to assign the traffic relating to your website to GetPushMarketing and authorize us to sign a Traffic Assignment Letter on your behalf for comScore audience measurement reports. Your website’s traffic will be included under GetPushMarketing. You understand that your website will not receive credit for traffic in these reports, and you must not assign your website’s traffic to any other party. If we or comScore require additional documentation to verify ownership of your website or domain name, you agree to make reasonable efforts to accommodate such requests.
We offer free HTTPS on all GetPushMarketing / GetInstafy websites by default, including those using custom domains, via Let’s Encrypt. By signing up and using a custom domain or cname on GetPushMarketing.com / GetInstafy.com, you authorize us to act on the domain name registrant’s behalf (by requesting the necessary certificates, for example) for the sole purpose of providing HTTPS on your site.
GetPushMarketing reserves the right to display advertisements on your pushes unless you have purchased a plan that includes the removal of ads and branding.
Attribution. GetPushMarketing / GetInstafy reserves the right to display attribution text or links in your notification, attributing GetPushMarketing.com or Any GetInstafy product or service. Attribution text or links may only be hidden if you are subscribed to GetPushMarketing.com.
By using GetPushMarketing, you grant us access to your website’s servers / your account on our servers for the purpose of backing up and securing your GetPushMarketing content, and restoring files and database information (which may include access details for multiple servers or accounts for each website that we backup). In order to address security vulnerabilities, we may push an upgrade to your account, or we may access your account to remove malicious code. We may also scan GetPushMarketing / GetImstafy Content, and compile aggregated/anonymized statistics for our internal use to optimize the performance of the GetPushMarketing service. You also grant us a worldwide, royalty-free, and non-exclusive license to copy and store your GetPushMarketing / GetInstafy Content, to the extent necessary to operate the GetPushMarketing service. These Terms don’t give us any rights in your VaultPress Content, beyond those we need to operate GetPushMarketing. You own your GetPushMarketing Content.
Prohibited Uses. When using GetPushMarketing you agree not to:
Publish material or engage in activity that is illegal under applicable law.
Use GetPushMarketing to overburden GetPushMarketing / Getinstafy systems, as determined by us in our sole discretion.
Disclose the sensitive personal information of others.
Send spam or bulk unsolicited messages.
Interfere with, disrupt, or attack any service or network.
Distribute material that is or enables malware, spyware, adware, or other malicious code.
Use GetPushMarketing to send rude and or vulgar content, as determined by us in our sole discretion.
Cancellation. If you cancel your subscription to GetPushMarketing we will queue your backed-up GetPushMarketing Content for deletion.
There are certain features offered via GetPushMarketing, that assit you to sell items (goods, content, services, etc.) on your website (“Ecommerce Features”). If you use GetPushMarketing the GetPushMarketing Use Terms also apply.
Prohibited Uses. You may not use Ecommerce Features for any unlawful purposes, or in furtherance of illegal activities. We may terminate your access to Ecommerce Features if we determine (in our sole discretion) that your use is in any way harmful or objectionable.
5. Responsibility of Visitors.
GetPushMarketing has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, GetPushMarketing does not represent or imply that it endorses the material there posted, 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. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain 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. GetPushMarketing / GetInstafy disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
6. Fees, Payment, and Renewal.
Fees. Some of our Services are offered for a fee, while other Services may be free with optional paid upgrades. By using a Paid Service, you agree to pay the specified fees, which we’ll bill or charge you for in regular intervals (such as monthly, annually, or biennially), on a pre-pay basis until you cancel, which you can do at any time by contacting the relevant support team.
Payment. If your payment fails or Paid Services are otherwise not paid for on time, we may immediately cancel or revoke your access to the Paid Services. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services in general.
Automatic Renewal. To ensure uninterrupted service, our Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any taxes). Your Paid Services are renewed for the same interval of time. For example, if you purchase a GetPushMarketing / GetInstafy.com annual plan, you will be charged each year.
Refunds. While you may cancel a Paid Service at any time, refunds are issued in our sole discretion. In General, we do not issue refunds.
Fee Changes. We may change our fees at any time. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you can cancel your Paid Service.
7. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which GetPushMarketing links, and that link to GetPushMarketing.com GetPushMarketing / GetInstafy does not have any control over those non-GetPushMarketing / GetInstafy.com websites, and is not responsible for their contents or their use. By linking to a non-GetPushMarketing / GetInstafy.com website, GetPushMarketing / GetInstafy does not represent or imply that it endorses such website. 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. GetPushMarketing / GetInstafy disclaims any responsibility for any harm resulting from your use of non-GetPushMarketing / GetInstafy.com websites and webpages.
8. Third Party Services.
You may enable services, products, software (plugins), or applications developed by a third party or yourself (“Third Party Services”) on your site.
If you use any Third Party Services, you understand that:
Third Party Services are not vetted, endorsed, or controlled by GetPushMarketing / GetInstafy.
Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party Services.
Your use is solely between you and the respective third party (“Third Party”) and will be governed by the Third Party’s terms and policies. It is your responsibility to review the Third Party’s terms and policies before using a Third Party Service.
Third Party Services may not work appropriately with your website, and we may not be able to provide support for issues caused by any Third Party Services.
If you have questions or concerns about how a Third Party Service operates, or need support, please contact the Third Party directly.
In rare cases, we may at our discretion, suspend, disable, or remove Third Party Services from your account or website.
9. Copyright Infringement and DMCA Policy.
As GetPushMarketing / GetInstafy asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by GetPushMarketing / GetInstafy.com violates your copyright, you are encouraged to notify GetPushMarketing / GetInstafy in accordance with GetPushMarketing / GetInstafy’s Digital Millennium Copyright Act (“DMCA”) Policy. GetPushMarketing / GetInstafy will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. GetPushMarketing / GetInstafy will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of GetPushMarketing / GetInstafy or others. In the case of such termination, GetPushMarketing / GetInstafy will have no obligation to provide a refund of any amounts previously paid to GetPushMarketing / GetInstafy.
10. Intellectual Property.
This Agreement does not transfer from GetPushMarketing / GetInstafy to you any GetPushMarketing / GetInstafy or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with GetPushMarketing / GetInstafy. GetPushMarketing / GetInstafy, GetPushMarketing / GetInstafy, GetPushMarketing / GetInstafy.com, the GetPushMarketing / GetInstafy.com logo, and all other trademarks, service marks, graphics and logos used in connection with GetPushMarketing / GetInstafy.com or our Services, are trademarks or registered trademarks of GetPushMarketing / GetInstafy or GetPushMarketing / GetInstafy’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any GetPushMarketing / GetInstafy or third-party trademarks.
11. Domain Names.
We act as a registrar and also work with third party registrars in order to provide our users with domain name services. When you register or renew a domain name on GetPushMarketing / GetInstafy.com, or when you transfer an existing domain name to GetPushMarketing / GetInstafy.com, you become bound by the relevant registrar’s terms and conditions, either the GetPushMarketing / GetInstafy Domain Name Registration Agreement, Tucows Domain Inc. Registration Agreement, or this Domain Name Registration Agreement, in addition to these Terms. Which registrar terms apply depends on the TLD you choose, and in some cases, the date you register your domain, so please see this table that outlines all of the TLDs we offer and the applicable registration agreement, to determine which agreement(s) apply to you. These registrar terms are incorporated by reference into these Terms.
Further, your use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”). You can read about your rights and responsibilities as a domain name registrant under ICANN’s Registrar Accreditation Agreement and about domain name registration generally.
For details about what happens during the domain expiration process, and how we may notify you of domain expiration, please see the Domain Expiration support page.
Please refer to the domain pricing and available TLDs page for details about fees associated with domain registrations, renewals, and redemptions.
12. G Suite.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
GetPushMarketing / GetInstafy may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your GetPushMarketing / GetInstafy.com account (if you have one), you may simply discontinue using our Services. 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.
15. Disclaimer of Warranties.
Our Services are provided “as is.” GetPushMarketing / GetInstafy 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 GetPushMarketing / GetInstafy nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
16. Jurisdiction and Applicable Law.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services 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 San Francisco County, California.
17. Arbitration Agreement.
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 San Francisco, 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.
18. Limitation of Liability.
In no event will GetPushMarketing / GetInstafy, 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 for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to GetPushMarketing / GetInstafy under this Agreement during the twelve (12) month period prior to the cause of action. GetPushMarketing / GetInstafy 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.
19. General Representation and Warranty.
You represent and warrant that your use of our Services:
Will be in strict accordance with this Agreement;
Will comply with all applicable laws and regulations (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from the United States or the country in which you reside, privacy, and data protection); and
Will not infringe or misappropriate the intellectual property rights of any third party.
20. US Economic Sanctions.
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and GetPushMarketing / GetInstafy reserves the right to terminate accounts or access of those in the event of a breach of this condition.
You agree to indemnify and hold harmless GetPushMarketing / GetInstafy, 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 our Services, including but not limited to your violation of this Agreement.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between GetPushMarketing / GetInstafy and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of GetPushMarketing / GetInstafy, or by the posting by GetPushMarketing / GetInstafy of a revised version.
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; GetPushMarketing / GetInstafy 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.
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