These terms of service (“Agreement”) govern you accessing content and using CompetiThor. This Agreement between you (“you”) and CompetiThor (“we”, “us”, “service”), is subject to change by us as described below. By acknowledging these terms and conditions in a separate signup page, you accept this Agreement; agree to be bound by these terms and conditions; have entered into a binding agreement between you and CompetiThor.
1. This web site (“Site”) is owned and operated by CompetiThor (referred to as “CompetiThor.com” herein). The Site and its content (“Content”) and the CompetiThor service (“Service”) may only be accessed in accordance with this Agreement. Any violation of the copyright in the Content or these terms and conditions may be enforced by CompetiThor.com or the copyright owner to the fullest extent allowed by law.
2. CompetiThor is an online service that helps users understand social media strategy. CompetiThor provides various tools for social media analysis and reporting.
Applications and features are designed to grant users new ways to evaluate and analyze their social media networks (e.g. Facebook, Twitter, Instagram, etc.),
Analytics and reports are core features. CompetiThor grants registered users two non-exclusive usage options: a) a free, non-exclusive use and b) a subscription based alternative that provides additional features.
To create, upload, and share information, data, and content or to access certain features of the Site and Service, you must create a CompetiThor account (“Account”). To create an Account, you may be required to provide certain information including, but not limited to, your name, and email address. You are responsible for ensuring that any information provided is accurate and up to date. CompetiThor is not responsible for ensuring that communications reach you. You are responsible for creating a secure password and protecting the Account from unauthorized access. You will be held responsible for any activity that occurs under your Account. CompetiThor does not have access to User’s passwords once generated, but CompetiThor can enable or require you to reset the Account password.
3. CompetiThor reserves the right to charge for Accounts, as well as certain features of the Site and Service. Should CompetiThor do so and should you elect to establish a paid account and/or subscribe to such features, you agree to pay all then-current fees for use of the Service. A valid credit card and a PayPal account are required for paying accounts. Free accounts are not required to provide a credit card number. We use Paypal to collect payments made on our website (www.CompetiThor.com). As part of the payment process you shall be directed to a webpage or web service that is hosted by the payment service provider or its appointee. Any Personal Data collected by visiting this Website is controlled by them.
For clarification, CompetiThor accounts are billed in advance on a monthly basis or yearly subscriptions. There will be no refunds or credits for partial months of Service, upgrade/downgrade refunds, or refunds for months unused with an open Account. In order to treat everyone equally, no exceptions will be made. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged (or credited) a pro-rated amount for the new service level through the end of your billing cycle. Upon the start of your next billing cycle, you will be billed the full new rate. Downgrading your Service may cause the loss of content, features, or capacity of your account. CompetiThor does not accept any liability for such loss
4. You acknowledge and agree that CompetiThor may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at CompetiThor’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform CompetiThor when you stop using the Services. You acknowledge and agree that if CompetiThor disables access to your account, you may be prevented from accessing the Services, your account details or any files or other materials that are contained in your account.
5. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by CompetiThor, unless you have been specifically allowed to do so in a separate agreement with CompetiThor. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). Unless you have been specifically permitted to do so in a separate agreement with CompetiThor, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You agree that you are solely responsible for (and that CompetiThor has no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which CompetiThor may suffer) of any such breach.
6. You understand that all information (such as data files, written text, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such materials originated, which may be you.
7. CompetiThor reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, and other indicator of ownership on the Content or other materials accessed through the Service. The delivery of, and license to, the Content and/or access to third party materials does not transfer to you any commercial or promotional use rights in the Content or any portion thereof. Any use of Content, or descriptions; any derivative use of this Site or its materials; and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event shall the user frame any portion of the Site or any materials contained therein.
8. While CompetiThor uses reasonable efforts to include accurate and up-to-date information on the Site, CompetiThor makes no warranties or representations as to its accuracy. CompetiThor assumes no liability or responsibility for any errors or representations in the Content or this Site.
10. You acknowledge that by accessing the Site, you may come into contact with content that you find harmful, offensive, threatening, indecent or objectionable and you acknowledge that CompetiThor shall have no liability to you for the content including, but not limited to explicit language and other potentially offensive material. The user agrees to not impersonate any person or communicate under a false name or a name the user is not entitled or authorized to use. CompetiThor has the right (but not the obligation) to remove, prohibit, edit or discontinue any content on the Site, including content that has been posted by users.
11. You may use the data/content collected and displayed from your use of the Service solely for informational purposes. You understand and acknowledge that such data/content may not be exhaustive and the analysis of the data/content is based on what third-party data sources provide to CompetiThor. The data/content is based on publicly available data/content (through Facebook API, Instagram API and Twitter API ) and CompetiThor does not verify the accuracy of data/content provided by such third parties. Any use of the data/content except as specifically described herein is strictly prohibited. In addition, the data/content collected and displayed may require access to third party sites and such third parties may prevent CompetiThor from generating such data/content. Furthermore, government regulations and/or compliance with applicable laws may prevent CompetiThor from using certain data/content or providing it to you.
12. If you post content or submit material, unless such content or material submittal is subject to separate terms and conditions, CompetiThor shall own such content and material and you hereby assign any rights in such content and material to CompetiThor. In the event ownership in the content or material cannot be granted to CompetiThor, you grant CompetiThor and its affiliates a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and material as if it were the full owner thereof. Furthermore, you grant CompetiThor, its affiliates, and sublicensees the right to use your name and/or user name in connection with the content. You represent and warrant that all content and materials you provide shall be your original work product and will not be based on, or derived from, the proprietary information or items of a third party. Furthermore, you represent and warrant that your use of the Service in connection with any Content or third party content complies with all laws including, but not limited to, Romania copyright law. You will defend, indemnify and hold CompetiThor and its affiliates harmless from and against any claims resulting from any content or materials you provide hereunder or your use of the Service.
13. At your discretion, you may provide feedback to CompetiThor concerning the functionality and performance of the Service from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, suggests any Feedback, you hereby assign the ownership in all Feedback to CompetiThor In the event ownership in the Feedback cannot be granted to CompetiThor, you grant CompetiThor at no charge a perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such Feedback without restriction. You agree that CompetiThor may disclose that Feedback to any third party in any manner and you agree that CompetiThor has the ability to sublicense all Feedback in any form to any third party without restriction.
14. The Site may contain areas or services in which additional terms and conditions apply. For purposes of the use of such areas, in the event of a conflict between the terms and conditions of such other areas and these Terms and Conditions, the terms and conditions of the other area shall prevail. CompetiThor may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions to which you are bound.
15. You shall not transmit to CompetiThor or upload to this Site any Harmful Code or use or misappropriate the data on this Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,””drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.
16. You may not use your username and password for any unauthorized purpose.
17. CompetiThor may retain and use, information collected in your use of the Service, provided such information does not individually identify you.
18. CompetiThor may terminate your access to our Site or the Service for any reason at any time. The provisions that by their nature are designed to survive termination or expiration of this Agreement shall survive termination or expiration of this Agreement or your access to our Site or Service.
20. The materials on this Site are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of CompetiThor’s proprietary rights in them.
21. THE MATERIALS, CONTENT ON THIS SITE AND SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. CompetiThor SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, MATERIALS POSTED ON THE SITE OR SERVICES. CompetiThor MAKES NO GUARANTEES AS TO UPTIME OR AVAILABILITY OF THE SERVICE. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, CompetiThor DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR OTHER VIOLATION OF RIGHTS. THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. CompetiThor IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS, INCLUDING INTERNET CONGESTION, VIRUS ATTACKS, AND DENIAL OF SERVICE (DOS) ATTACKS.
22. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CompetiThor OR ITS THIRD PARTY PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE SERVICE, EVEN IF CompetiThor HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. CompetiThor AND ITS PARTNERS’ ENTIRE AND AGGREGATE LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED $100, EVEN IF CompetiThor HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IF YOUR USE OF MATERIALS FROM THIS SITE OR THE SERVICE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
23. CompetiThor’s Terms of Service guarantees you the right to access, rectify, eliminate and object to the processing of data by notifying CompetiThor via e-mail using our contact form: https://competithor.com/contact-us/