Terms of Service Agreement

Effective as of 25h of September 2019

This Terms of Service Agreement explains the terms and conditions under which you can use the Platform and Services provided by FollowersHere. Please read this Terms of Service document carefully and keep a copy of it for your reference.

1. Definitions

1.1 The following definitions explain some of the terminology and abbreviations used throughout our Terms of Service Agreement:

‘Terms/Agreement’ refers to the latest version of this Terms of Service Agreement document.

‘Site’ refers to the website of the FollowersHere available at < https://followershere.com/> or any other URL which may host FollowersHere websites or Services.

‘Platform’ refers to Site and Services collectively.

‘User/You’ refers to any person using or accessing our Platform.

‘Privacy Policy’ refers to Privacy Policy document governing the rules of collecting, using and storing information provided by Users.

‘Third-Party’ refers to any application, website, natural or legal entity other than FollowersHere.

‘Content’ refers to all images, text, audio and video data or any other information located on the Platform.

‘User Data’ refers to the Content provided by Users.

‘Services’ refers to the services provided by FollowersHere.

‘Software’ refers to the applications and functionalities provided with the Services.

‘Information’ refers to information about the Users themselves provided for the purpose of using our Services, contacting support or anonymous statistical information collected from the Users through cookies or third-party services.

‘Confidential Information’ refers to all information disclosed between the parties of this Agreement in relation to the Services, and especially, without limiting. Confidential Information does not cover information that was known to either party prior to disclosure, information that was made available to the public or information which is intended and disclosed for the purpose of publishing.

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‘Content’ refers to all images, text, audio and video data or any other information located on the Platform.

‘User Data’ refers to the Content provided by Users.

‘Services’ refers to the services provided by FollowersHere.

‘Software’ refers to the applications and functionalities provided with the Services.

‘Information’ refers to information about the Users themselves provided for the purpose of using our Services, contacting support or anonymous statistical information collected from the Users through cookies or third-party services.

2. General Provisions

(A) The Scope of the Services

2.1 FollowersHere offers a Platform through which Users are able to utilize online Software, purchase social media ‘likes’, and other services fully described on the Site.

2.2 FollowersHere cannot guarantee or warrant that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. FollowersHere cannot and does not guarantee the 100% uptime for its Services. Services may be down (i) for scheduled maintenance, (ii) force majeure events, (iii) internet problems outside of FollowersHere area of influence, (iv) bugs in code, hardware or Services without a commercially know fix. FollowersHere does not guarantee in any way the number of ‘likes’ a User may receive from the use of our Services.

(B) Eligibility

2.3 By payment for the use of the Services, you confirm that you are at least 18 years of age. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. By using our Services, you confirm that (i) you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms of Service and have full legal capacity to enter into a binding relation, (ii) that you will provide true, accurate, current, and complete information where requested, and information which is otherwise compatible with these Terms and maintain the accuracy of these information, (iii) that you will not use Services contrary to these Terms or applicable laws or regulations

2.4 We may not control who uses the Platform, so it is upon you to assess whether using the Platform is in compliance with any local laws and regulations. Whenever you are using our Platform, you will need to comply with these Terms and any applicable laws, regulations, and policies. If any part of the Platform is not in compliance with your local laws, you may not use the Platform. Any such Service will be considered as ‘not available in your region.’

(C) Contact

2.5 By allowing us access to your e-mail address, you agree that we may contact you using such contact information, for any matters relating to the Services (Service e-mails). These e-mails do not constitute “unsolicited commercial e-mail advertisements,” and you are not able to opt-out of receiving them. You may opt-in or subscribe to receive e-mails about content, promotions, special offers and or other topics of interest related to FollowersHere and our affiliates (Promotional e-mails). You may choose to stop receiving these promotional e-mails at any time by following the instructions contained in promotional e-mails.

2.6 If you have any question or suggestion you can contact us at [email protected].

3. Acceptable Use Policy

3.1 You agree that you will not misuse our Platform. A misuse constitutes any use, access or interference with the Platform contrary to Terms, Privacy Policy and applicable laws and regulations. We can, in our sole discretion, suspend or terminate access to all or parts of the Platform to any User, without prior notice or need to deliberate on reasons for such measure. We reserve the right to deny Services to anyone at any time. During your use of our Platform, you will not behave contrary to the Terms, Policies, applicable laws and regulations, and you will especially not, without limitation, do any of the following:

(i) send or otherwise post unauthorized commercial communications (such as spam) through the Platform;

(ii) collect Users’ content or information, or otherwise access the Platform using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission;

(iii) upload viruses or other malicious code;

(iv) bully, intimidate, or harass any other User;

(v) post or transmit content which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or contains graphic or gratuitous violence or is otherwise objectionable to third parties;

(vi) harass, threaten, embarrass or cause distress or discomfort upon another individual or entity or impersonate any other person or entity or otherwise restricting or inhibiting any other person from using or enjoying the Platform;

(vii) take any action creating a disproportionately large usage load on our Platform unless expressly permitted by FollowersHere;

(viii) post or transmit content that is misleading.

(ix) communicate any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships, or otherwise infringes or violates someone else’s rights;

(x) encourage participation in or promote any contents, pyramid schemes, surveys, chain letters or spamming, or unsolicited emailing through the Platform;

(xi) post or transmit hyperlinks to other websites that violate these Terms;

(xii) facilitate or encourage any violation of these Terms.

3.2 Users are solely responsible for their own User Data and the consequences of making the Data available to third-parties.

4. Intellectual Property

(A) Proprietary Rights

4.1 The copyright and all intellectual property rights in the Platform belong to FollowersHere or are used with appropriate permissions. It includes design, all database rights, trademarks, text, graphics, code, file and links, service marks, and the selection and set up thereof. All rights are reserved. Nothing in this agreement shall be understood or intended for transfer of such intellectual property rights to you or any other third party.

4.2 Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and use the Platform and the Software. Except as expressly permitted in this Agreement, you may not: copy, modify or create derivative works based on the Platform or Software; distribute, transfer, sublicense, lease, lend or rent the Platform or Software to any third party; reverse engineer, decompile or disassemble the Platform or Software; or make the functionality of the Platform or Software available to multiple users through any means.

(B) Notification of Infringement

4.3 If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to the Site’s Copyright Agent:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

2. A description of the copyrighted work or other intellectual property that you claim has been infringed;

3. A description of where the material that you claim is infringing is located on the Site or the App;

4. Your name, address, telephone number and e-mail address;

5. A signed statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

6. A statement by you, made under penalty of perjury, that the information provided in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

4.4 Our copyright agent can be reached as follows: Email: [email protected]

(C) User Data

4.5 Users retain all rights, title, and interest in the User Data they provide through the Platform. By providing the User Data, Users grant us a limited, non-exclusive, royalty-free, perpetual, transferable license to host, reproduce, and process such User Data for the sole purpose of providing the Services or customer support. FollowersHere shall not use User Data contrary to these terms.

4.6 Considering how we do not monitor the content of the User Data, you agree to inform us immediately if you come across any illegal activity, activity that is in breach of these Terms, or activity you suspect might be in violation of these Terms or applicable laws or might otherwise be objectionable. Although we expressly prohibit uploading of any User Data which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or contains graphic or gratuitous violence or is otherwise objectionable to third parties, we do not pre-screen the content, so you hereby agree that you may be exposed to any such content and that you use the Platform at your own risk. We reserve the right to remove any content which we find to constitute a breach of these Terms or relevant laws, without notifying the Users or providing reasoning for such action. You recognize and concur that FollowersHere bears no obligation regarding the risk, harm, damage, or loss that might emerge from content submitted to or distributed on the Platform.

(D) Third party content

4.8 Some content on the Platform, such as advertisement, may be provided by the Third-Parties. We are not responsible for such content, nor do we monitor or control content provided by the Third-Parties.

(E) Confidential Information

4.9 During the term of this Agreement, Users may be required to provide or volunteer to provide certain Confidential Information to FollowersHere and FollowersHere may disclose certain Confidential Information to the Users. Regarding such information both parties hereby agree (i) to keep Confidential Information in strict confidence, (ii) to undertake all reasonable measures to protect the confidence of Confidential Information, (iii) not to disclose, or otherwise make available, Confidential Information to any third party without obtaining prior written consent, (iv) to use Confidential Information only for the purposes intended, (v) to return all Confidential Information and any and all copies, extracts or derivative works resulted from Confidential Information upon written request or upon termination of the Agreement, and to destroy or erase all remaining copies of the Confidential Information regardless of the form or media on which the Confidential Information is stored.

5. Payment and Pricing

5.1 A description of the currently available Prices for the Services is listed on the Site. It is hereby clarified, that all rates and fees in connection with the Services or otherwise, exclude all taxes, duties, levies, fees, charges or tolls imposed by applicable taxing authorities, and you shall be fully responsible and liable in connection with payment of such taxes, duties, levies, fees, charges or tolls. You hereby agree to pay for any such taxes, duties, levies, fees, charges or tolls that might be applicable due to your use of the Services and payments made by you to FollowersHere. If FollowersHere has a legal obligation to pay or collect indirect Taxes (such as value-added tax or goods and services tax) on the sale to you under the laws of your country (where you are established, have a permanent address or usually reside), you shall be liable for payment of any such indirect Taxes. Where FollowersHere does not have a legal obligation to pay or collect indirect Taxes on a sale of Paid Services to you, you may be required to self-assess those Taxes under the applicable laws of your country (where you are established, have a permanent address or usually reside). Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms of Services.

6. Third-Party Services

6.1 The Services may be made available or accessed in connection with Third-Party services and content (including advertising) that FollowersHere does not control. We may also provide you with links leading to the Third-Parties. You acknowledge that different Terms of Service and privacy policies may apply to your use of such Third-Party services and content. FollowersHere does not endorse such Third-Party services and content and in no event shall FollowersHere be responsible or liable for any products or services of such Third-Party providers.

6.2 Some of our Services may be dependent on the Third-Party service provider or may entirely be provided by the Third-Party service provider. You understand and agree that we bear no responsibility over the availability of such Services and that in case of such Services we act only as an intermediary. We make no warranties as to the availability of such Services or fitness for a particular purpose.

6.3 Our Services may be used in connection with third-party services such as Instagram, Facebook, Twitter, and other. In that sense your interaction with the Site and Services is further regulated by the Third-Party’s respective terms and privacy policies. FollowersHere is not sponsored, endorsed, organized or in any other way supported by these third-parties.

7. Indemnity

7.1 You will indemnify and hold harmless FollowersHere, and its employees and affiliates, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your access to or use of the Site and our Services, content which you provide, or your violation of these Terms.

8. Limitation of liability

8.1 YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH FollowersHere SERVICE IS TO STOP USING THE SERVICES.

8.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW FollowersHere, ITS EMPLOYEES, OFFICERS, AGENTS, AFFILIATES, SUCCESSORS, SUPPLIERS, ASSIGNEES OR LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF YOUR ACCESS OR USE OR INABILITY TO ACCESS OR USE THE PLATFORM, THIRD-PARTY APPLICATIONS OR THIRD-PARTY APPLICATION CONTENT, INCLUDING WITHOUT LIMITATION ANY OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE PLATFORM, REGARDLESS OF LEGAL THEORY, EVEN IF FollowersHere HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

8.3 FollowersHere, its employees, agents, and its directors do not accept any liability and you hereby agree to release us of any liability arising (whether directly or indirectly) out of the information provided through the Platform, or any errors, in or omissions from information on the Platform. FollowersHere is not liable for loss (whether directly or indirectly) caused by your actions or decisions based on your reliance on the information provided to you through the Site, nor caused by the delay, malfunction of the operation or the availability of the Platform.

9. Changes

9.1 TO THE FURTHEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, YOUR AGREE DURING THE TERM OF THIS AGREEMENT, THAT FollowersHere MAY: (1) REVISE THE TERMS AND CONDITIONS OF THIS AGREEMENT; AND/OR (2) CHANGE PART OF THE SERVICES PROVIDED UNDER THIS AGREEMENT AT ANY TIME WITHOUT ANY CLAIM TO COMPENSATION OR SPECIAL TERMINATION RIGHT FOR YOU. WE WILL POST SUCH CHANGES, REPLACEMENTS AND UPDATES ON THE PLATFORM AND SUCH CHANGE, REPLACEMENT AND UPDATE TO OUR TERMS OF SERVICE AGREEMENT WILL TAKE EFFECT IMMEDIATELY UPON POSTING. YOU ARE CONSENTING TO KEEP YOURSELF UP TO DATE WITH THE LATEST POSTED TERMS OF SERVICE AGREEMENT AND YOU ACCEPT AND ARE BOUND BY SUCH CHANGE, REPLACEMENT AND UPDATE IF YOU ACCESS OR USE OUR SERVICE AFTER WE HAVE POSTED UPDATED TERMS OF SERVICE.

10. Termination

10.1 FollowersHere may terminate this agreement at any time, without cause, with notice and without notice period. FollowersHere may terminate this agreement without notice and with immediate effect if User:

(i) breaches this Agreement;

(ii) fails to make due payments;

(iii) misuses the Services or uses Services contrary to Acceptable Use policy;

(iv) engages in fraudulent or illegal activities.

10.2 Upon termination of this Agreement, User will not be able to use the Services and we may immediately delete any User Data on the Platform. If the Agreement has been terminated, user shall be liable to pay to FollowersHere any outstanding fees due for payment immediately. FollowersHere shall not be responsible for any damage caused by the termination of this Agreement.

11. Governing Laws and Choice of Forum

11.1 This Agreement shall be governed by and construed under the laws of Sweden, without regard to its conflict of law provisions, as applied to agreements entered into and to be performed in Sweden by the Sweden residents. You agree that if you have any dispute with FollowersHere you will contact us in order to settle through negotiations and mutual understanding. If the solution can not be reached in negotiations you agree and hereby submit to the exclusive jurisdiction of the official courts in Sweden.

12. Final Provisions

12.1 Publicity. All media releases, public announcements and public disclosures by the User relating to this Agreement or its subject matter, including promotional or marketing material, shall be coordinated with and approved by FollowersHere and User prior to release.

12.2 Assignment. Either party may only assign or transfer its rights or obligations under this Agreement with the other party’s prior written consent (such consent not to be unreasonably withheld).

12.3 Entire Agreement. The terms of this Agreement constitute the entire agreement between the parties regarding its subject matter and supersede and replace any and all prior agreements, understandings or arrangements between the parties, whether oral or in writing, with respect to the same. Neither party shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into this Agreement (unless such untrue statement was made fraudulently) and that party’s only remedies shall be for breach of contract as provided in this Agreement.

12.4 Severance. If any part of these Terms is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity or enforceability of the remainder of the Terms.

12.5 Titles. The section titles in the Terms are for convenience only and have no legal or contractual effect.

12.6 Force Majeure. For the purpose of this Agreement Force Majeure Event shall mean any event arising that is beyond the reasonable control of the affected party (including any industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, civil riot or war). A party who becomes aware of a Force Majeure Event which gives rise to, or which is likely to give rise to, any failure or delay to perform its obligations under this Agreement shall forthwith notify the other, and shall inform the other of the period for which it is estimated that such failure or delay shall continue. The affected party shall take reasonable steps to mitigate the effect of the Force Majeure Event.

12.7 Waiver. Any failure to exercise or enforce any right or the provision of this agreement shall not constitute a waiver of such right or provision.

12.8 Language. These Terms may be available on multiple languages, however English version will be considered as the authentic and official version.