Terms of Service - EarlyParrot
2nd February 2018
These Terms of Service govern your use of the EarlyParrot.com website. Your use of this website and the Service is subject to your acceptance of the following terms of service.
EarlyParrot turns your subscribers into active referrers by engaging with subscribers, enticing them to promote, tracking their behavior, referrals and distributing rewards.
2. Trademark and Copyright
4. Use of Service
4.1. Acceptable Use. By using EarlyParrot.com and the Service, you warrant that:
you are a current EarlyParrot.com member.
you are human (bots, spiders or other automated methods are not permitted).
you will use the Service in a manner consistent with all applicable laws and regulations.
You agree that your use of the Service is in accordance with the CAN-SPAM Act of 2003 and any other spam, anti-spam or other laws available in the jurisdiction(s) in which you operate.
4.2. Impermissible Uses. By using the Service, you understand that you may not:
modify, adapt, hack the Service or modify another website so as to falsely claim or imply that is associated with the Service, EarlyParrot.com or any other EarlyParrot service.
reproduce, duplicate, copy, sell, resell, reverse-engineer or exploit any portion (including, but not limited to, the EarlyParrot service, the look and feel of the EarlyParrot.com website or the Service without express written permission of EarlyParrot.com.
transmit worms, viruses or any code of a destructive nature.
plagiarise, violate, or infringe trademark, copyright, patent or any other rights of the Service and EarlyParrot.com.
engage in advertising to, or solicitation of, other members to buy or sell any products or services.
falsely state, impersonate or misrepresent your identity, including but not limited to the use of a pseudonym.
4.3. Member Responsibilities. You agree that you:
are responsible for maintaining the confidentiality of your login and membership details and your use of the Service and are fully responsible for all activities that occur and content posted under your account with or without your knowledge.
will not share your login with anyone else.
will not share confidential or privileged information received from the Service with any third parties.
consent to receive communications from EarlyParrot, including but not limited to, emails. If at any time you wish to stop receiving communications, you can email us at [email protected]
5. Additional Terms of Service
5.1. You are granted a nonexclusive, non-concurrent, non-transferable, limited right to access the Service. Your responsibility extends to all activity and use under any member account information (e.g. email) that you use. You may not download, copy, reuse or distribute that functionality.
5.2. EarlyParrot reserves the right to monitor use of the Service to ensure compliance with these Terms of Service. EarlyParrot reserves to take appropriate action including, but not limited to, suspension or cancellation of your account, if we determine that you are in breach of this Agreement.
5.3. You agree to immediately notify EarlyParrot of any unauthorised use of the Service or any other breach of security.
5.4. Your are fully responsible to give out the promised rewards to the winners as indicated by EarlyParrot. EarlyParrot is only responsible to manage your campaign but is in no way responsible to provide your subscribers with rewards.
6. Fees and Payments
6.1. All amounts by EarlyParrot, where applicable, will be billed in EUR (€), unless otherwise agreed with Us.
6.2. Charges for access to Paid Services are billed monthly or yearly in advance, unless otherwise stated by Us. If you miss a payment, EarlyParrot reserves the right to limit your access to the Service and/or terminate your account.
6.3. Cancellations of Paid Services before the end of the month or the year (when billed yearly) will take place after the current monthly or yearly billing period respectively, at which time your access will be terminated.
6.4 You agree to provide EarlyParrot with up-to-date and accurate billing information.
6.5 Subscriptions are limited maximum to 1 year and they are not renewed automatically. If you want to renew your subscription after 1 year, you will be notified once the subscription is about to expire and asked if you would like to renew it.
7.1 EarlyParrot may suspend or terminate your account at any time at its discretion. EarlyParrot reserves the right to suspend your access to the Service, without liability to you. In addition, EarlyParrot reserves the right to publicise the identity of any misuser of EarlyParrot, as defined by a breach of these Terms of Service to all users of the Service.
7.2 EarlyParrot may, upon such termination, deactivate or delete your account and any related data, information, and files, and bar any further access to such data, information, and files. Such action may include, among other things, accessing your Content or data and/or discontinuing your use of the Services without refund or compensation. EarlyParrot will issue a refund when appropriate.
7.3 If you are not satisfied during your first fifteen (15) days of using Our Services, you may contact us to request a refund. Refunds may not be granted after 15 days.
7.4 After your first fifteen (15) days of using your paid Account, there are no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open paid Account. In order to treat everyone equally, no exceptions will be made.
8. Limitations of Liability
8.1. The Service is provided “as is” and “as available”. You understand that EarlyParrot may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage and related technology to run the Service.
8.2. EarlyParrot does not warrant that i) the Service will meet your specific requirements; ii) the Service will be error free; iii) the results that may be obtained from the use of the Service will be measurable.
8.3. EarlyParrot will not be held accountable for any damage, loss or disruption as a result of using this service, including but not limited to, your email provider account being limited due to the sending of large amounts of emails or emails that are then identified as spam. To mitigate this, we highly recommend sending quality content to your recipients and refraining from sending material that may appear as 'spammy' e.g. (many hyperlinks, images, media, similar content messages to large groups of recipients etc.)
8.4. You use EarlyParrot at your own risk. It is your responsibility to ensure that your use of EarlyParrot does not violate any agreements you have with other companies.
You agree to hold harmless EarlyParrot, its employees and affiliates against all claims, losses, damages that may incur with i) your use of the Service; ii) your violations with this agreement; iii) your violations of any other rights including but not limited to another’s copyright, patent, trademark or other intellectual property right.
10.1. These Terms of Service constitute an entire agreement between EarlyParrot and its members. EarlyParrot reserves the right to modify the Terms Of Service at any time, and will post a notice of this update on its website at www.EarlyParrot.com/terms. EarlyParrot may change or discontinue any part of the Service, without notice, at any time and at its sole discretion.
11. Beta Services
EarlyParrot may make available a "beta" version the Services ("Beta Services") for evaluation and feedback. Beta Services are Services that are in an early development stage and not available as standard product offerings. You are not obligated to use Beta Services, but if you elect to do so, you agree to the following additional terms: (a) Beta Services may contain bugs, errors and other problems and is provided to you "AS IS"; (b) EarlyParrot makes no warranties and disclaims all liability with respect to the Beta Services; and (c) you agree to respond to EarlyParrot questions and inquiries regarding your use of the Beta Services. You agree that EarlyParrot has not made any promises or guarantees that Beta Services will be announced or made available in the future and that EarlyParrot has no obligation to announce or introduce the Beta Services. If you provide feedback regarding the Beta Services, you agree that EarlyParrot may use and incorporate into EarlyParrot products and services any suggestions, ideas, recommendations, bug reports, or other feedback that you provide to EarlyParrot without compensation. EarlyParrot may suspend or terminate access to Beta Services (and delete any Content or data provided to EarlyParrot with respect to such Beta Service(s)) at any time, without notice and without compensation.