Traffic Growth User Agreement

Abundat Surge Terms of Service

Updated as of February 25, 2020

 

Key Points in our Terms of Service

  1. We can change the agreement at any time, and we will let you know.

  2. You’re responsible for keeping your username and password safe. If you think there may be a security issue, please let us know ASAP.

  3. You’re responsible for whom you give your username and password.  If you give it out, those people can access the Service.  Please keep it safe.

  4. We own our product, you own your content.  We aren’t responsible for your content, any copyright issues, or any other issues related to the content.  Along with that, you own your Pinterest account.  We aren’t responsible for issues related to your Pinterest account.

  5. You grant us a non-exclusive, royalty-free, worldwide license to use, store, display, distribute and reproduce your content.  This license supersedes any other licenses and agreements you may have with other parties.

  6. If you discontinue service with us, we reserve the right to keep your content on our servers and in our databases, but we will not share or distribute that content in any way.  It is still your content.

  7. You agree that we may use automated methods to analyze your website and save content.  We do this to make it easier on you.  Any content gathered from your website is your property.  Refer to points 4 and 5 for any clarification.

  8. Don’t try to steal, hack or break our product.

  9. We don’t own your actions within our product. If you upload harmful or inappropriate content, it’s your responsibility.  If you violate copyright law, it’s your responsibility.  We can’t check every piece of content uploaded.  

  10. You allow us to post to Pinterest on your behalf

  11. If your content is harmful, we can and will delete it.

  12. We can discontinue working with you at any time, for any reason.

  13. We don’t offer refunds or partial refunds.  Your service will continue through the end of the billing cycle, which is 30 days.

  14. If you discontinue working with us, we will not access your account for any reason after our relationship has ended.

  15. The governing state is Ohio

 

Acceptance of the Terms of Service

These terms of service ("Agreement") are entered into by and between you and Abundat, LLC DBA YAVAY, an Ohio Corporation, ( "YAVAY", "Surge", "We", "Us", "Our", “Traffic Growth”). The following terms and conditions govern your access to and use of (1) https://www.Surge.abundat.com including any content, functionality, and services offered on or through https://www.Surge.abundat.com the ( "the Website"), (2) your access, use, or purchase of the Traffic Growth web app ( "the App"), and (3) your access, use, or purchase of the Traffic Growth services. The Website, the App, and the Service Platforms are collectively referred to as the "Services". Unless otherwise indicated (see Acceptable and Prohibited Uses), this Agreement applies to Self-Service Services.

By accessing or using the Services, you accept and agree to be bound and abide by this Agreement and our Privacy Policy, incorporated herein by reference. If you do not want to agree to this Agreement or the Privacy Policy, you must not access or use the Services.

The Services are offered and available to users who are over the age of 18, have never been removed from the service, and whose registration and use is in compliance with all applicable laws. By accessing and using this Service, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.

Changes to the Agreement

We may revise and update this Agreement from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. We will notify you by contacting you through the email address you provide when accessing or registering for the Services of any material changes to this Agreement.

Your continued use of the Services following the posting of the revised Agreement means that you accept and agree to the changes. You are expected to check this page to remain aware of any changes, as they are binding on you.

If you do not want to agree to, or do not meet all of the eligibility requirements of, future revisions of this Agreement or the Privacy Policy, you may cease accessing or using the Services, and may contact us at hi@abundat.com to have your account(s) terminated.

Accessing the Services and Account Security

We reserve the right to withdraw or amend the Services, and any service or material we provide on or through the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users.

You are responsible for:

·       Making all arrangements necessary for you to have access to the Services.

·       Ensuring that all persons who access the Services through your internet connection are aware of this Agreement and comply with it.

·       Ensuring that anyone that uses our Services through your account, such as your employees, consultants or contractors ("Authorized Users") are aware of this Agreement and comply with it.

To access the Services or some of the accompanying resources, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete. You agree that all information you provide to register with this Services or otherwise, including but not limited to through the use of any interactive features on the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of them using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You also agree to ensure that you exit from your account at the end of each session when accessing your account from a public or shared computer.

We have the right to disable any user name, password, account, content, User Contributions, data or other identifier, whether chosen by you or provided by us, at any time if, in our sole opinion, you have violated any provision of this Agreement.

 

Payment Terms, Trials and Renewal

·       Free Trials. You must pay all fees for the Services you purchase, except for Services that we expressly offer free of charge. 

·       Paid Services. Payment takes place every 30 days, and 30 days after the completion of any free trial.  

·       Auto-Renewal of Services. Services plans will renew automatically at the end of the term (which may be monthly or annually, depending on the plan you chose when you purchased our Services), and we will automatically bill you on renewal unless you cancel or downgrade our Services. You may find your renewal date, amount to be charged within the Billing Section of your account.

·       Refunds. We do not provide refunds for all or part of pre-paid subscription terms. This includes, but is not limited to the following circumstances:

o   We do not provide refunds for partially used portions of subscription terms.

o   We do not provide refunds for your failure to cancel or downgrade your subscription plan before it automatically renews.

o   We do not provide a guaranteed service level agreement, "up time" or other measure of accessibility of the service, and will not be liable to provide refunds for any outages in Service, for any reason.

o   We do not provide refunds related to changes in the available capabilities of features of the Services; we reserve the right to discontinue or add features at our sole discretion, at any point in time, with or without notice.

·       Taxes. You are responsible for paying all taxes on all fees that you pay to us. Local taxes may differ based on your payment method.

·        

Intellectual Property Rights

Traffic Growth, the App, and all its functionality is owned by Abundat.   Content is owned by you.   If you have uploaded content and it lives on our servers or in our databases, that is still your property.  We do not, will not, and have not ever owned any of your content, copy, creative, art.

You grant us a non-exclusive, royalty free license to use, store, modify, create, display, reproduce, and share your content on your behalf solely for the purposes of operating and developing the Traffic Growth.

 

Gathering Content

You give us permission to use automated methods to monitor or analyze your website or service, and you give us permission to use automated methods to store content on our servers.

 

Acceptable and Prohibited Uses

We have a few rules on how our services can and cannot be used. These rules apply to all of Traffic Growth’s services (the "Services") and to all our users regardless of their plan level. 

You may use the Services only for lawful purposes and in accordance with this Agreement.

You agree to:

·       Keep your passwords and other login credentials for the Services confidential;

·       Monitor and control all activity conducted through your Traffic Growth account;

·       Notify us promptly if you become aware of or suspect any security breach regarding your account, including any loss, theft, or unauthorized disclosure or use of your (or any of your Authorized Users’) username, password, or account; and

·       Comply with the applicable terms of any Traffic Growth partners ("Our Partners") which you connect through the Services (the "Partner TOS"). These include, for example:

o   The Pinterest Terms of Service published at https://policy.pinterest.com/en/terms-of-service;

You agree not to use the Services:

·       In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

·       For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

·       To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in this Agreement.

·       Upload or share User Contributions that you do not own or otherwise have the right to share;

·       To store or transmit any User Contributions that may be infringing, defamatory, threatening, harmful, or otherwise tortious or unlawful, including any content that may violate intellectual property, privacy, or publicity rights, or other applicable laws;

·       To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation.

·       To impersonate or attempt to impersonate Traffic Growth, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or usernames associated with any of the foregoing).

·       To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Traffic Growth or users of the Services or expose them to liability.

·       To promote obscene content of any kind.

 

Additionally, you agree not to:

·       Make the Services available to anyone other than your Authorized Users (Collaborators);

·       Allow more than one individual Authorized User to use a single log-in to the Services, or use the Services in excess of the quantities or limits set out in your Services plan;

·       Sell, trade, or otherwise transfer any Services to another party;

·       Attempt to reverse engineer our product

·       Attempt to gain unauthorized access to the Services, the Partners, or related systems or networks or to defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection or monitoring mechanisms of the Services or the Partners;

·       Access the Services in order to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of the Services or the Partners;

·       Use the Services for redistribution, syndication, or fraudulent activities

·       Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.

·       Scrape or use any non-human methods for obtaining information.

·       Use any device, software, or routine that interferes with the proper working of the Services.

·       Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

·       Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Website is stored, or any server, computer, or database connected to the Services.

·       Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.

·       Otherwise attempt to interfere with the proper working of the Services.

·       Allow or encourage any third party to do any of the above.

 

Traffic Growth’s and Third-Parties’ Permissions to Your User Contributions

You own the User Contributions you create. By providing any User Contribution on or through the Self-Service Services, you grant us and our Partners, affiliates and service providers, and each of their and our respective licensees, successors, and assigns and third-parties of these Services a perpetual, royalty-free, worldwide license to host, use, reproduce, modify, publicly perform, publicly display, distribute, create derivative works of, and otherwise disclose to third parties any such material. This license is necessary for us to provide our Services to you. By way of example only, we may use your User Contributions:

·       To submit them to social networks, including Tailwind.

·       To publicly display them on the Pinterest website or the websites of other Partners, and for analytic purposes,

·       To present them to other Traffic Growth users or the public as recommended content for publication, or as data points to help them learn, conduct research or the become familiar with your work and brand.

We also may use your User Contributions in a number of ways, including allowing other Traffic Growth users to post, share, pin or otherwise distribute User Contributions as part of the Traffic Growth system. You also irrevocably grant to the visitors to and users of this Website, the App, and any other media platforms or Services, as well as our Partners, the right to access, host, user, reproduce, modify, publicly perform, publicly display, distribute, create derivative works of, and share your User Contributions in connection with their visits to or use of this Website, the App, the Services, and such platforms. Finally, you irrevocably waive and cause to be waived any claims and assertions of moral rights or attribution with respect to your User Contributions.

You can end this license any time by deleting your User Contributions or account. You should know that, for technical reasons, User Contributions you delete, as well as copies, modifications or derivative works thereof, may persist for a limited period of time in backup copies. In addition, User Contributions that you delete, as well as copies, modifications or derivative works thereof, may continue to appear if you have shared them on our through our Servicers.

You represent and warrant that:

·       You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and Traffic Growth users, and our Partners, affiliates and service providers, and each of their and our respective licensees, successors, and assigns.

·       All of your User Contributions do and will comply with this Agreement.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Traffic Growth, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Services. We may provide you with suggested User Contributions which we aggregate for your sharing. We are not responsible for the suggested User Contributions and make no representations and warranty as to their ownership and accuracy.

Monitoring and Enforcement; Termination

We have the right to:

·       Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion.

·       Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. For more information, please see our Copyright Policy.

·       Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.

·       Terminate or suspend your access to all or part of the Self-Service for any violation of this Agreement.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. You waive and hold harmless Traffic Growth and its affiliates, licensees, and service providers from any claims resulting from any action taken by Traffic Growth during, or taken as a consequence of, investigations by either Traffic Growth or law enforcement authorities.

However, we cannot review all material before it is posted on or through the Services. Accordingly, we assume no liability for any action regarding transmissions, communications, or content provided by any user or third party. 

 

Copyright Infringement

If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. We will take reasonable action.

 

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services, including Tribes. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

·       Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

·       Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

·       Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

·       Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or otherwise may be in conflict with this agreement.

·       Be likely to deceive any person.

·       Promote any illegal activity, or advocate, promote, or assist any unlawful act.

·       Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

·       Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

·       Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

·       Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

 

 

Reliance on Information Posted

The information presented on or through the Services is made available solely for information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Services, or by anyone who may be informed of any of its contents.

Traffic Growth Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Traffic Growth, are solely the opinions and the responsibility of the person or entity providing those materials. This includes User Contributions suggested by Traffic Growth. These materials do not necessarily reflect the opinion of Traffic Growth. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

Cancellation and Termination of Services

You may cancel or downgrade your Services plan.  Your plan will continue through the end of that billing cycle.  Please email the Traffic Growth team to cancel your plan.  Partial refunds for remaining time will not be issued.

We may refuse to provide service (including the Services) to anyone for any reason at any time. We may also immediately suspend or terminate your access to our Services for any reason, at any time, without notifying you in advance. If we terminate this Agreement because you violated any other part of this Agreement, you will not receive a refund for all or any unused portion of your plan term.

Changes to the Services

We may update the content on the Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.

Linking to the Website/Services and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part, unless you have our expressed written consent to do so.

This Website, the App, and the Services may provide certain social media features that enable you to:

·       Link from your own or certain third-party websites to certain content on the Services.

You may use these features solely as they are provided by us. Subject to the foregoing, you must not, without our expressed written consent:

·       Establish a link from any website that is not owned by you.

·       Link to any part of the Website other than the homepage.

·       Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

·       Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of this Agreement.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Services

If the Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links, as well as links include in User Contributions. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Services or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it.

Your use of the Services and their content, and any services or items obtained through them is at your own risk. The Services, their content, and any services or items obtained through the Services are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither Traffic Growth nor any person associated with Traffic Growth makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Services. Without limiting the foregoing, neither the company nor anyone associated with Traffic Growth represents or warrants that the Services or items obtained through them will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components, or that the Services or items obtained through them will otherwise meet your needs or expectations.

To the fullest extent provided by law, Traffic Growth hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Limitation on Liability

To the fullest extent provided by law, in no event will Traffic Growth, its affiliates, or their licensors, service providers, shareholders, investors, lenders, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Services, any websites linked to them, any content on Services or other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable. 

The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

Indemnification

You agree to defend, indemnify, and hold harmless Traffic Growth, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, shareholders, investors, lenders, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement or your use of the Services, including, but not limited to, your User Contributions, any use of the Services’ content, services, and products other than as expressly authorized in this Agreement or your use of any information obtained from the Services.

Governing Law and Jurisdiction

All matters relating to the Services and this Agreement and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Oklahoma without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, this Agreement or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Ohio and Richland County, Ohio, although we retain the right to bring any suit, action, or proceeding against you for breach of this Agreement in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

We may require you to submit any disputes arising from the use of this Agreement or the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Oklahoma law.

Waiver and Severability

No waiver by the Company of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.

If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

Entire Agreement

This Agreement, our Privacy Policy, Copyright Policy, and our Browser Extension Policy constitute the sole and entire agreement between you and Traffic Growth regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

 

Feedback

Traffic Growth and this website are owned by Abundat, LLC.  40 W 4th St, Mansfield OH 44902 

All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: hi@abundat.com

hi@yavay.co
40 W 4th St, Mansfield, Ohio 44902, US
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