Last Updated: July 08th 2019.
1. ACCEPTANCE OF THE CONDITIONS
Welcome to PublBox, a website and platform of online resources owned by PublBox Inc., 16192 Coastal Highway, Lewes, DE 19958. PublBox (hereinafter “PublBox”, “we”, “our”, “us” and other forms of the word), includes:
- websites offered by PublBox, including, but not limited to www.publbox.com, all subdomains, current and future (“Website”);
- mobile applications offered by PublBox (“Mobile Apps”);
- services provided by PublBox (“Service”).
In order to simplify these Terms of Service, we collectively refer to the Website, Mobile Apps, and Service as “Services”.
These Terms of Service are a legally-binding agreement between you and PublBox regarding your use of our Services. The terms “you”, “your” and other forms of the word address the or refer to the individual who has access to or uses the Services, or the company or organization on behalf of which this individual uses the Services.
Please review these Terms of Service carefully. These Terms of Service apply to the “Self-Serve Services”, which are Services that you access or purchase through our Website or Mobile Apps, as further defined below. In certain cases, agreements for the provision of access to the Services and their use may be concluded with our affiliated persons, distributors, resellers, agents or persons who have been duly authorized to do so or have these respective rights. In such case your access to and use of the Services shall be governed by these Terms of Service as well as by a separate agreement. Section 4 of these Terms of Service may not apply in such case in full.
The English version of these Terms may be translated into non-English languages, but in the event of a conflict or inconsistency between the English version and the other language versions, the English version shall prevail, govern and control.
2. SERVICES DESCRIPTION. YOUR USE OF THE SERVICES
2.1. Services Description
We deliver our Services through our web application, available at www.publbox.com, all subdomains, current and future (“Website”), mobile applications (“Mobile Apps”) or through our partners. The features and services available to you will be based on your tariff plan (“Plan”). Any new Service component, including new and not yet released PublBox tools and resources, are also part of these Terms.
The Services are provided as “Software as a Service (SaaS)” and we will not be delivering copies of the software to you as part of the Services. Our Services allow users with a registered account to obtain access to the online platform containing a set of individual solutions and tools for designing user’s social media accounts and release posts on social media platforms at a scheduled time, in addition to other design and analytics tools.
For as long as we continue offering the Services, we will provide and seek to update, improve, and expand the Services. As a result, we allow you to access the Services as it may exist and be available on any given day and have no other obligations, except as expressly stated in these Terms. We may modify, replace and refuse access to, suspend or cease Services provision partially or in full, or change and modify prices for all or part of the Services for you or for all our users at our sole discretion as defined by these Terms.
PublBox may have subsidiaries and affiliated legal entities in other countries. At times, these companies or their employees may serve as contact points with respect to the Services provided to you by PublBox. Even where PubBox’s subsidiaries or affiliates are your primary contact points, PublBox as the Services provider will remain ultimately responsible for the provision of Services hereunder.
2.2. Use of the Services
You agree to use the Services only for purposes that are permitted by (a) the Terms; (b) any applicable law, regulation, generally accepted practices, or guidelines in the relevant jurisdictions; and (c) any other applicable rules (including, without limitation, Facebook, Twitter and other social media platform rules).
In order to use the Services, you must have Internet access. In addition, you must ensure the availability of all equipment required for Internet access, including a computer supporting web-access etc.
You agree that you are solely responsible for (and that PublBox has no responsibility to you or to any third party for) any breach of your obligations under these Terms and for the consequences (including any loss or damage which PublBox may suffer) of any such breach.
2.3. PublBox Mobile Apps
Use of the Mobile Apps require that your mobile device be compatible with the Mobile Apps. The Mobile Apps may automatically upgrade from time to time depending on your user settings. You consent to such automatic upgrades and the standard carrier data charges that may apply to your use of the Mobile Apps.
Your use of Mobile Apps must comply with then current terms of service of App Store or Google Play, which one is applicable.
3. REGISTRATION. ACCOUNT
3.1. Account Registration
In order to register the account, you agree to fill in the application form and provide us with genuine information about yourself, such as, for example, your name, country of residence, email address and more.
Please note: We do not get or store passwords to social media accounts that you use in order to connect to the Services and/or social media accounts you connect via the Services.
You agree that the information you provide us is true and reliable, and that you will maintain the accuracy of such information at all times. In this way, you agree to update true, accurate, reliable, and complete information. You will not provide false information or create an account on behalf of another person without their authorization. We reserve the right to suspend or terminate your account, as well as refuse current and future use of our Services or any part of them, if you provide us with information that is false, inaccurate, outdated, or incomplete; or if PublBox has reasons to believe that such information is false, inaccurate, outdated, or incomplete. If we suspend your account, you will not create a new account without our authorization.
3.2. Eligibility to Use the Services
In order to have the right to use the Services, you must fulfill the following criteria and guarantee that you: (a) are aged 18 or above in case the state of your residency determines higher age of legal capacity; (b) are empowered to enter into the present Terms, and this will not violate any other agreement that you are a part of; (c) you have not previously been suspended or removed from the Service; (d) your registration and your use of the Services is and will be in compliance with any and all applicable laws and regulations; (e) you will not violate any of PublBox’s rights, including intellectual property rights, such as copyright or trademarks; and (f) you agree to provide all the equipment, software and Internet access required for the use of our Services at your own cost.
If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that he has authority to bind you to these Terms and references to you herein (and all of your obligations hereunder) will refer to such entity and any individual using the Services on such entity’s behalf. If you are no longer duly empowered to represent a legal entity, you are responsible for notifying us of this fact immediately. Until we receive information on the new empowered representative, you will be responsible for the account as stated above. PublBox is not liable if the person without due empowerment accepts the present Terms on behalf of a legal entity.
You are personally responsible for maintaining the confidentiality of your account as well as passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible for all activities that occur under your account. You will not provide access to your account to other individuals, and you will not perform any actions that may endanger the security of your account. If you believe that your account is no longer protected, you must notify us immediately at firstname.lastname@example.org. We also recommend to change your password in any such case. You also agree to notify us immediately of any unauthorized use of your account or of any other violation of the security conditions. We are not liable for any losses you experience as a result of your violation of the present security commitment. You confirm and acknowledge that under no condition do we hold responsibility for your actions or inactions, or the actions or inactions of third parties, including any expenses as a result of these actions or inactions.
If you add users to your account, each user must agree to the stated Terms, and you will be fully responsible for any violation of these Terms by your users.
3.4. Access Account
We reserve the right for us, our contractors or our employees, to access your account and the information that you have provided but only for support, maintenance and servicing purposes or for any security-related, technical or billing reasons. Also, by sending us a support request, you grant us your prior consent to access your account with the sole purpose to answer your request and/or solve the issue you’re facing.
4. SUBSCRIPTION AND PAYMENT
PublBox reserves the right to solely determine pricing for the Services in accordance with our Plans. We will make reasonable efforts to keep pricing information up to date and encourage you to check our fees / Plans periodically for current pricing information, located here: https://publbox.com/tariffs or via Mobile Apps or our other websites/pages. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. We may change the fees at our sole discretion. PublBox, at its sole discretion, may also make promotional offers with different features and different pricing to any of PublBox customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
Trial Period. We can provide you with the trial period, which is free of charge and the duration and features of which is specified in our Services.
Subscription Service. The Services may include automatically recurring payments for periodic charges (“Subscription Service”). If you activate a Subscription Service, you authorize PublBox to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first subscription to the Services. Your account will be charged automatically on the Subscription Billing Date all applicable fees for the next subscription period. The subscription will continue unless and until it is cancelled or terminated. We will bill the periodic subscription fee to the payment method you used before. If you would like the payment for the renewal to be made through a different payment method, you agree to inform us at least seven business (7) days prior to the renewal date. If you do not wish to renew your subscription, you must cancel your subscription at least seven business (7) days before it renews by contacting us at email@example.com in order to avoid billing of the next periodic subscription fee to your account. If you cancel your subscription or Plan, you will not be issued any refunds or credits of prepaid and unused fees for the remainder of the subscription term / Plan and you will have access to the Services for which you had subscribed until the end of the subscription period / Plan.
If you choose to upgrade your Plan during your subscription term, you will be charged for the then-current price for the upgrade. If you choose to downgrade your Plan, you will not be issued any refunds or credits for the unused and prepaid fees in connection with the downgrade or removal. Downgrading your Plan may cause the loss of content, features, or capacity of your account and we do not accept any liability for any such loss.
You allow PublBox and third-party service providers to collect and store your payment details as well as authorize PublBox to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums.
Please note: We do not store any information regarding your credit cards. When payments are processed via credit card, PublBox uses third party vendors that are PCI_DSS compliant.
By providing us with information on the payment method, you thereby confirm that you are duly empowered to use this payment method.
If the validity period of your chosen payment method has expired and you have not provided new information or cancelled your account, you allow us to bill you in the future, and you are responsible for any delayed payments. If your payment method fails or your account is past due, then: (a) you agree to pay all amounts due on your account upon demand and reimburse us for all transactions, refunds, claims, fees, fines, penalties, and other liability incurred by us (including costs and relevant expenses) as a result of payments that you authorized or accepted; (b) we may enforce payments due to it through other enforcement mechanisms (such mechanisms include collecting payments from other payment methods that we have at our disposal); as well as (c) we reserve the right to either suspend or terminate your Subscription Service or your account with us, as well as remove your account.
In certain cases payment for the access to and use of the Services may be performed via a bank transfer. We may demand you to provide further information for the transaction.
Fees and Taxes. All fees are in U.S. Dollars. All payments you make are exclusive of federal, state, local, and foreign taxes, duties, tariffs, levies, withholdings, and similar assessments (including, without limitation, sales taxes, use taxes, and value-added taxes). You agree to be responsible for the payment of all such charges, excluding taxes based upon our net income. All amounts payable by you hereunder shall be grossed up for any withholding taxes imposed by any foreign government on your payment of amounts to PublBox. You acknowledge that for certain credit cards, the issuer of user’s credit card may charge a foreign transaction fee or other charges.
All fees are non-refundable in any case.
Complaints. If at any time during your first fourteen (14) days using our Services you are dissatisfied, please contact us. We will do our best to address your issue, provide a work around or give a timeline for a solution that will meet your needs. You agree to provide PublBox with any complaints regarding any charge to your account in written form within fourteen (14) days of the charge of such payment; otherwise such claim will be rejected, and such payment will be final.
Mobile Apps. In-App Purchases in PublBox Mobile Apps in AppStore or Google Play shall be governed by their terms and policies. Please read carefully terms and policies as well as description of the service. You will be charged to your iTunes or Google Play account after confirmation of purchase accordingly. Your subscription will automatically renew unless cancelled at least twenty-four (24) hours before the end of the current period. Your subscription can be managed in your iTunes or Google Play account settings after purchase. Subscriptions cannot be cancelled for the current active period. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription.
Distributors, resellers, agents, affiliated persons or persons who have been duly authorized to sell our Services. In certain cases agreements for the provision of access to the Services and their use may be concluded with our affiliated persons, distributors, resellers, agents or persons who have been duly authorized to do so or have these respective rights. In such case payment method may be defined by such separate agreements.
5. INTELLECTUAL PROPERTY RIGHTS
5.1. Ownership. Proprietary Rights
The Service is owned and operated by PublBox. PublBox software, any confidential and proprietary software used for the PublBox products and Services, visual interfaces, widgets, buttons, graphics, design, compilation, information, data, models, computer code (including source code or object code), products, services, templates, content, mobile applications and all other elements (“Materials”) are protected by intellectual property and other laws. All Materials included in PublBox Services are the property of PublBox or its third-party licensors. PublBox retains all rights, title and interest in and to all patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how, software, software documentation, interfaces and the content of our tools, widgets, buttons, applications, models, design functions and any other intellectual property and/or proprietary rights related to the PublBox products and Services.
All trademarks, names, logos, slogans of PublBox (separately - “Trademark”, collectively - “Trademarks”) are the property of PublBox or their respective owners. Unless you have agreed otherwise in writing with PublBox or the respective third-party owner, nothing in these Terms gives you a right to use any of PublBox Trademarks and any other distinctive brand features.
All our design templates are protected by copyright and you may use them only by the extent permitted by these Terms, namely for designing user’s social media accounts and release posts on social media platforms. You are prohibited to sell, assign, sublicense, store, copy, reproduce, re-publish design templates provided by our Services otherwise as for releasing posts on social media platforms.
You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Service or Materials, create their derivatives based on or in any manner commercially exploit the Materials, in whole or in part, other than as expressly permitted in these Terms. It is prohibited to use the Services or Materials for any purpose that is not directly stipulated for by the present Terms or without our prior consent, or without the prior written consent of our licensors depending on the circumstances. You are prohibited to store, copy, reproduce, re-publish, modify, upload/download, post, translate, loan, lease, rent, sell, distribute, transfer, including via electronic means of communication, demonstrate, decompile, reverse engineer, disassemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the Materials, or otherwise distribute in any way the Materials other than as specifically permitted in these Terms. You may not access and/or use the Services and the underlying software in order to build a similar or competitive product. You further may not (and you may not permit anyone else to) attempt to gain unauthorized access to the Services, its particular features or third-party content created by or for another PublBox customer, interfere with or disrupt the integrity or performance of the Services or third-party content contained therein or perform penetration test, denial of service simulation or automated vulnerability scan of the Services.
5.3. License from PublBox
Subject to your complete and ongoing compliance with these Terms, PublBox grants you limited, non-transferable, non-sublicensable, revocable permission and license to access and use the Services through the software, on a subscription basis, for your personal, internal use during the subscription period or during your Plan. The license granted in this Section is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by PublBox, in the manner permitted by the Terms. You acknowledge that this is a SaaS agreement and that (i) the software is not sold, and (ii) we will not be delivering copies of the software to you as part of the Services.
You acknowledge that any breach of Section 5 by you or your users shall constitute a material breach of the Terms, with all consequences arising therefrom.
6.1. User Content
Certain features of the Services may permit users to upload content to PublBox Service, including social media posts and other content which may be comprised of messages, reviews, photos, video, images, data, text, and other types of works (“User Content”) and to publish User Content on the Service.
You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service. Nevertheless, we need certain permission from you in order to provide the Services.
6.2. License Grant to PublBox and Other Users
By providing User Content to or via the Services, you grant PublBox a worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to use, host, store, transfer, display, perform, reproduce, adapt, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed. The license granted in this Section is for the sole purpose of enabling PublBox to display, distribute, improve and promote the Services to you or your users.
You understand that PublBox, in performing the required technical steps to provide the Services to you, and to improve the Services, may (a) transmit or distribute your User Content over various public networks and in various media; and (b) make such changes to your User Content as are necessary to conform and adapt that User Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit PublBox to take these actions.
Also by providing User Content to or via the Service to other users of the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.
PublBox disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service.
6.3. User Content Representations and Warranties
By providing User Content via the Service, you affirm, represent, and warrant that:
a) you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize PublBox and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by PublBox, the Service, and these Terms;
b) your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause PublBox to violate any law or regulation;
c) your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
d) your User Content could not be deemed to be undesired mail or ‘spam’. Such mail includes ‘mala fide’ marketing, advertisement or any other activity that is in any way related to ‘spam’;
e) your User Content does not contain viruses, replicated malicious software - ‘worms’, non-replicated malicious software - ‘trojan’, or any other computer codes, files or software that disrupt, destroy, or limit the functionality of the Services, computer software or hardware or telecommunications equipment, or may impact the ability of any PublBox user to access the Services;
f) your User Content is not intended for user fraud, such as ‘Get rich fast’ schemes, ‘Get paid for visiting websites’, financial pyramids / network marketing or any other questionable schemes;
g) your User Content is not intended for adult audiences;
h) your User Content does not and will not contain hateful content, including any statement, image, photograph, or other content that in our sole judgment could be reasonably perceived to harm, threaten, demean, promote the harassment of, promote the intimidation of, or promote the abuse of others for any reason, including by reason of race, gender or gender identity, national origin, sexual orientation, religion, or otherwise;
i) your User Content does not and will not contain a threat of physical harm, including any statement, photograph, advertisement, or other content that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others, including references to current or historical figures or groups that are known for purporting such content;
j) your User Content does not and will not contain harassment, including revealing someone’s personal information, also known as “doxxing”, online stalking, and bullying, wishes for physical harm directed at a person or persons, incitement of others to any of the previous items.
Your User Content may also not include, and PublBox may remove or refuse to publish or promote any User Content that violates the terms or policies of any third-party platform with which PublBox Services integrate or interoperate, including social media platforms. You agree and warrant that you shall comply in all respects with all the terms and conditions of social media platforms.
You shall indemnify and hold PublBox harmless from all claims and all liabilities, costs, proceedings, damages and expenses awarded against, or incurred or paid by PublBox as a result of or in connection with your breach of any third party’s intellectual property or any other rights, laws, regulations, terms and conditions, policies.
6.4. User Content Disclaimer
You understand that as part of, or through your use of, the Services, you may have access to the content of other users. You understand that all such content is the sole responsibility of the person from which such content originated. You acknowledge that such content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against PublBox with respect to such content. If notified by a user or content owner that content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the content, which we reserve the right to do at any time and without notice. For clarity, PublBox does not permit copyright-infringing activities on the Service.
6.5. PublBox First-Party Content
You may use certain creative materials owned and made available to you by PublBox, which may include images, text, graphics, animations, sound, multimedia or other creative works (together “First-Party Content”) to be used within the scope of the Services.
PublBox grants you a nonexclusive, worldwide copyright license to download, copy, modify, distribute, perform, and use First-Party Content for free, including for commercial purposes, without permission from or crediting PublBox as long as it is used within the scope of the Services. We reserve the right to revoke the license in case of your material breach of Terms herein.
First-Party Content license explicitly excludes:
a) using any manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any First-Party Content, collect compile and/or distribute compilations of First-Party Content without prior authorization of PublBox;
b) claiming or attributing First-Party Content authorship being other than PublBox;
c) use of First-Party Content for competition or damage of PublBox; and
d) use of PublBox Trademarks or any other distinctive brand features unless explicitly permitted by PublBox.
You acknowledge that any breach of Section 6 by you or your users shall constitute a material breach of the Terms, with all consequences arising therefrom.
7. PROHIBITED CONDUCT
By using the Services, you agree not to:
a) use the Services for any illegal purpose or in violation of any federal, state, local, national, or international law or regulation, or advocates, promotes or assists in any unlawful act, constitutes an illegal threat;
b) perform any fraudulent activity including, but not limited to impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying information;
c) stalk, intimidate or disturb other people in any way;
d) forge headings or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
e) violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
f) interfere with or disrupt the work of the Services, servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services, including but not limited to uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; making any unsolicited offer or advertisement to another user of the Service; collecting personal information about another user or third party without consent; or interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
g) intentionally or unintentionally violate any applicable local, state, federal or foreign laws or regulations. You must comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. If you use the Website, Service, or Materials outside the United States of America, you are solely responsible for compliance with all applicable laws, including without limitation, rules regarding acceptable online conduct, data privacy, and export and import regulations of other countries;
h) use the Services for the performance of illegal, misleading, harmful or discriminative actions, organization of criminal activity that causes physical or financial damage, as well as aid to such activity;
i) use the Services as a forwarding service to another website or to fraudulently manipulate Google or other SEO ranking or Facebook or other social networking or website “likes” and similar voting mechanisms;
j) request or in any other way obtain passwords or personal identifying information from third parties for illegal reasons or for phishing-fraud reasons;
k) go beyond the scope of the Services for which you have subscribed (for example, by means of obtaining access and using the tools that you do not have the right to use, by means of deletion, editing comments or content of other users or their alteration in other ways);
l) interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law; or (iii) hacking, password “mining” or using any other illegitimate means of interference;
m) modify or create derivatives of any part of the Services;
n) sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Materials; or
n) infringe any Section of these Terms.
You acknowledge that any breach of Section 7 by you or your users shall constitute a material breach of the Terms, with all consequences arising therefrom.
8. SOCIAL PLATFORMS, MATERIALS AND SERVICES OF THIRD PARTIES
Services allow you to develop content and information, as well as relevant content strategy, including but not limited to your User Content, as well as allow you to use and distribute content, information and data on and through websites and social media platforms, such as, for example, Facebook, Twitter, YouTube, Instagram, Google+, Telegram, VK.com and other social media platforms (collectively - “Social Platforms”).
You confirm and acknowledge that you have respective accounts in the relevant Social Platforms, and that you use the Services strictly with regard to your accounts in such Social Platforms. In this way you confirm and acknowledge that you have learned and agree to all the applicable guides, terms of service, user agreements, privacy notices, policies and other rules and procedures applicable to the Social Platforms, and you agree not to violate such conditions, guides and policies in any way. You also agree that such Social Platforms are not under PublBox control, and PublBox is not responsible for their use of your exported information.
PublBox Services may also include links to certain websites, materials, or content developed by Third Parties (“Third-Party Materials”). PublBox has not reviewed all of the sites linked to its Website and/or Service and shall not be responsible for the contents, legality or availability of any such linked material for each particular use. The inclusion of any link does not imply endorsement by PublBox of such material and PublBox, acting as an automated intermediary, shall not be held liable in respect of any links contained therein. PublBox reserves the right, in its sole and absolute discretion, to discontinue links to any other material at any time and for any reason.
PublBox may also integrate with Third Parties to provide Services (“Third-Party Services”) to you. You will be informed accordingly if some features of our Services are provided by Third Parties.
To take advantage of the features above, you may be required to sign up or log into such Third-Party Services, Social Platforms on their respective websites or applications. By enabling it, you are permitting us to pass on your login information and grant the Third-Party Services permission to access or otherwise process your data.
You acknowledge that your use of Social Platforms, Third-Party Materials and Third-Party Services may be regulated by applicable third-party terms and conditions and privacy policies, and you are personally responsible for the familiarization with, acceptance of and abidance by all such conditions before their use. PublBox does not endorse, is not liable for, and makes no representations as to Social Platforms, Third-Party Materials and Third-Party Services, its content, or the manner in which such parties use, store, or process your data. Your use of Social Platforms, Third-Party Materials and Third-Party Services is at your own risk and consideration. We are not liable for any damage or loss arising from or in connection with your enablement of such Social Platforms, Third-Party Materials and Third-Party Services and your reliance on their policies, privacy practices, and data security processes. Certain features of our Services may depend on the availability of services of such parties and the features and functionality they make available to us. We do not control their features and functionality, and they may change without any notice to us. If any Social Platforms, Third-Party Services stop providing access to some or all of the features or functionality currently or historically available to us, or stop providing access to such features and functionality on reasonable terms, as determined by PublBox in our sole discretion, we may stop providing access to certain features and functionality of our Services. We will not be liable to you for any refunds or any damage or loss arising from or in connection with any such change. You irrevocably waive any claim against PublBox with respect to such Social Platforms, Third-Party Materials and Third-Party Services.
You agree to indemnify, release from liability and provide legal protection to parties released from liability for any obligation, losses, claims, damages, charges, costs or demands (including but not limited to well-founded expenses for legal services), relating to or resulting from your use of Social Platforms and/or Third-Party Materials/Services in any way.
You are responsible for your access to and use of the Services. You agree to defend, indemnify and reimburse any damages, release from liability and provide legal protection to PublBox and its subsidiaries, licensors, affiliated persons, agents, distributors, partners, directors, employees, consultants, contractors, third-party suppliers and legal successors (collectively - “PublBox Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your use of, or misuse of, the Services; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; (d) any dispute or issue between you and any third party; (e) your User Content or any content that you submit, post, transmit, or make available by means of the Services; or (f) your use of Social Platforms and/or Third-Party Materials and/or Third-Party Services. You agree to provide any support that PublBox Entities may require. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
10. DISCLAIMERS. NO WARRANTIES
YOU USE THE SERVICES AT YOUR OWN RISK. THE SERVICES AND ALL MATERIALS ARE PROVIDED “AS IS” AND ON “AS AVAILABLE” BASIS. PUBLBOX DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. PUBLBOX DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICES, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND PUBLBOX DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. WE DO NOT HOLD LIABILITY FOR ANY PROBLEMS ARISING DURING THE PROCESS OF UPDATING, SUPPORT OR USE OF THE SERVICES (INCLUDING THE COMPATIBILITY WITH OTHER SOFTWARE PRODUCTS, AS WELL AS INCOMPATIBILITY OF THE RESULTS OF THE USE OF SERVICES WITH THE EXPECTATION OF THE USER AND SO ON). SERVICE FEATURES THAT INTEROPERATE WITH SOCIAL MEDIA PLATFORMS DEPEND ON THE CONTINUING AVAILABILITY OF THOSE SOCIAL MEDIA PLATFORMS’ APIS, DATA, APPLICATION, PROGRAMS AND SERVICES FOR USE WITH THE SERVICE. IF ANY SOCIAL MEDIA PLATFORM CEASES TO MAKE ITS APIS, DATA, APPLICATION, PROGRAMS OR SERVICES AVAILABLE ON REASONABLE TERMS FOR THE SERVICE, PUBLBOX MAY CEASE PROVIDING SUCH SERVICE FEATURES. PUBLBOX IS NOT LIABLE OR RESPONSIBLE FOR THE QUALITY, ACCURACY OR TRUTHFULNESS OF SERVICES OR INFORMATION OBTAINED FROM SOCIAL MEDIA PLATFORMS AND USED WITHIN THE SERVICES OR FOR INTERRUPTION OF ACCESS TO SUCH INFORMATION CAUSED BY DOWNTIME OR UNAVAILABILITY OF THE SOCIAL MEDIA PLATFORMS. PUBLBOX EXPRESSLY DISCLAIMS AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY SOCIAL MEDIA PLATFORM CONTENT THAT MAY BE COLLECTED, RECEIVED OR CREATED BY YOU OR YOUR USERS IN USE OF THE SERVICE. WE ALSO DO NOT HOLD RESPONSIBILITY FOR ANY CHANGES IN THE SOCIAL PLATFORMS THAT MAY AFFECT THE FUNCTIONALITY OF OUR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR PUBLBOX ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE PUBLBOX ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
PUBLBOX AND ITS LICENSORS DO NOT GUARANTEE OR ASSURE THAT THE SERVICES ARE INTENDED OR ACCESSIBLE FOR USE IN ALL GEOGRAPHICAL REGIONS.
HOWEVER, PUBLBOX DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT PUBLBOX IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
11. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PUBLBOX ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS OR REVENUES, BUSINESS REPUTATION, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY PUBLBOX ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF PUBLBOX ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO PUBLBOX ENTITIES FOR ACCESS TO AND USE OF THE SERVICE IN THE THREE (3) MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) 100 US DOLLARS.
THE PARTIES CONFIRM AND AGREE THAT THE MAIN GOAL OF THIS SECTION IS TO EXAMINE THE RISKS IN ACCORDANCE WITH THE CONDITIONS BETWEEN THE PARTIES AND TO LIMIT THEIR POTENTIAL LIABILITY.
IN CASE OF ANY EMERGING PROBLEM WITH THE SERVICES, YOU RESERVE THE RIGHT TO TERMINATE THE USE OF THE SERVICES.
SOME JURISDICTIONS DO NOT RECOGNIZE THE EXCLUSION OF CERTAIN GUARANTEES, LIMITATIONS OR THE RELEASE FROM LIABILITY FOR ACCIDENTAL AND INDIRECT LOSSES. AS A RESULT, CERTAIN LIMITATIONS IN THIS SECTION MAY NOT BE APPLIED TO YOU.
12. CHANGES TO THE PRESENT TERMS
We reserve the right to amend the present Terms on a permanent basis at any time. If we do this, we will publish the updated Terms on our Website, as well as notify you by means of sending you an email to the address stated on your PublBox account, or placing a noticeable message on our Website until the changes come into effect. The changes will come into effect on the earliest possible date after (a) you agree to the updated Terms; (b) you continue to use our Services with the factual knowledge of the updated Terms; or (c) fifteen (15) days after the publication of our updated Terms on our Website. Check our Terms regularly to track any changes. You are responsible for regular checking of the latest updates of these Terms. In the case Terms are amended, we will change the date of last updates.
13. DURATION AND TERMINATION
These Terms enter into force on the day you gain access to the Services, and will continue to apply during the term of your original online subscription and during any renewed (extended) term until the end of the subscription or your Plan or until the moment that your account is deactivated / terminated / removed.
You may terminate your account and the use of Services at any time for any reason or without a reason in accordance with Section 4 of these Terms of Service. In case you terminate your account, you agree to pay out all remaining fees, if any, that are due for payment throughout the remainder of your subscription period.
If you violate any provision of these Terms, your authorization to access the Services and these Terms automatically terminate. In addition, PublBox may, at its sole discretion, terminate these Terms or your account on the Services, or suspend or terminate your access to the Services, at any time for any reason or no reason, with or without notice. We will use reasonable efforts to contact you directly via email to warn you prior to suspension or termination of your account. PublBox shall not be liable to you or any third party for any modification, suspension or discontinuation of the Services.
You agree that we are not committed to refund any payments you have already made, to the fullest extent permitted under applicable law.
Upon the termination: (a) your license rights will be terminated, and you must immediately cease all use of the Services; (b) you will no longer be permitted to gain access to your account or the Services; (c) you must pay PublBox any sum that must have been paid but has not been paid. The rights of PublBox are also reserved and effective after the termination of these Terms. Sections 4-14 of these Terms of Service will survive.
Assignment. You may not transfer your rights with regard to the present Terms, in full or in part, in accordance with the law or any other reason without our prior written authorization. We may transfer the rights in accordance with the present Terms at any time without prior notification or consent.
Severability. If any part of these Terms is held to be invalid or unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms shall remain in full force and effect.
Headings. The use of the section headers in the present Terms is intended strictly for your convenience and will have no effect on the interpretation of any clause. The words “including” are defined as: “including but not limited to”.
Governing Law. These Terms are governed by the laws of the State of Delaware without regard to conflict of law principles.
Arbitration Clause. We kindly ask you to forward us your complaints and problems before filing a lawsuit against PublBox. Please, contact us at firstname.lastname@example.org. We will contact you via email for the amicable dispute resolution. You or PublBox reserve the right to commence the consideration of the dispute judicially if the dispute has not been successfully resolved within ten (10) working days from the moment you have forwarded us your complaint. Any claim with regard to the present Terms that has not been amicably resolved, or as described below, is subject for consideration in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Services of the USA (hereinafter, “JAMS”) by three (3) arbitrators appointed in accordance with the JAMS rules. The arbitration will take place in San Diego, California, in English. The arbitration award may be brought into effect by any court. The Party that has won any suit or court process that arose from the present Terms, reserves the right for the reimbursement of judicial and attorneys expenses. In the event this agreement to arbitrate does not apply to you or your claim, such suit may be filed for consideration to the federal court or any court in the State of Delaware. You agree to resolve disputes with PublBox strictly individually, and not to file a lawsuit as a plaintiff or a party of a collective, united or representative suit (for example, in a collective suit, collective suit to the arbitration court, attorney suit or a united suit to the arbitration court). Under no circumstance can suits from one person be consolidated in the form of any collective suits, representative suit or in any other format or form. Regardless of any statute or law to the contrary, any claim or cause of action may be filed within one (1) year after such claim or cause of action arose or be considered expired.
Online Dispute Resolution (EU). The Online Dispute Resolution (ODR) platform is provided by the European Commission to allow consumers and traders in the EU or Norway, Iceland, and Liechtenstein to resolve disputes relating to online purchases of goods and services without going to court. Every citizen of above-mentioned countries or regions are eligible to file a complaint if no agreement can be reached with the trader (i.e. us). If you have a problem with an online purchase and cannot resolve it with us, you can use this platform to send your complaint to an approved dispute resolution body: http://ec.europa.eu/consumers/odr. A dispute resolution body is an impartial organization or individual that helps consumers and traders settle a dispute. This process is know as alternative dispute resolution, and it is usually quicker and cheaper than going to court. Please get in touch with us first. We will be happy to help you with any problems.
Force Majeure. Neither Party will be liable for any failure to perform its obligations under these Terms if that failure results from any cause beyond such Party’s reasonable control, including fire, flood, severe weather, earthquake, vandalism, accidents, sabotage, power failure, denial of service attacks or similar attacks, Internet failure, acts of God and the public enemy, acts of war, acts of terrorism, riots, civil or public disturbances, strikes, lockouts or labor disruptions, and any laws, orders, rules, regulations, acts or restraints of any government or governmental body or authority, civil or military, including the orders and judgments of courts.
Waiver. The rights of each Party may be waived only in writing. No failure to exercise, and no delay in exercising, any right or remedy under these Terms will be deemed to be a waiver of that right or remedy. No waiver of any breach of any provision of these Terms will be deemed to be a waiver of any subsequent breach of that provision or of any similar provision.
Relationships. No agencies, partner relations, joint enterprises or employee relations are set up as a result of the present Terms.
DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers. If you have an intellectual property rights-related complaint about material posted on the Service, you may contact us at our postal address or by sending us an email to our designated DMCA Officer as follows:
Attn. Acting DMCA Agent
16192 Coastal Highway
Lewes, DE 19958
United States of America
Phone: (302) 703-0521
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of the material that you claim is infringing and where it is located on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
15. CONTACT DETAILS
Services are provided by PublBox Inc., a company registered in the State of Delaware, United States of America.
You can contact us via email at email@example.com. You can also contact us at the following address:
16192 Coastal Highway
Lewes, DE 19958
United States of America