These Terms of Service are effective on 01/02/2016.
The following Terms of Service (“Terms”) govern your access or use of the services offered by Refly accessible via the website located at http://refly.it/(“Service”). Please read the Terms carefully before accessing or using the Service.
You acknowledge that these Terms constitute a contract between you and Refly (“Refly,” “we,” “us” or “our“), even though it is electronic and is not physically signed by you and Refly. Where “you”, “your”, “User”, or similar words are used in the Terms it shall refer to the person or legal entity accessing or using the Service. If you are accessing and using the Service on behalf of a company (for e.g., your employer) or other legal entity, you represent and warrant that you have the authority to bind that company to these Terms.
Availability of the Website
We will use reasonable efforts to keep the website accessible at all times however you understand that the Service we provide you may be interrupted by circumstances or events that are beyond our control. There may also be instances when the website is unavailable or not accessible from time to time for any reason including without limitation, maintenance. Thus you understand and acknowledge that due to circumstances both within and outside of our control, the website access may be interrupted or terminated. You agree that your use of our Service may also be affected by interruptions in service on third-party websites (for e.g. Twitter) and such events are beyond our control and cannot be prevented.
The Service we provide you
The Service includes the website and any services provided to you through the website. If any new feature, product or service is added to supplement the Service, it shall also be available to you under these Terms.
As noted in the above section, you will be able to access the Service at all times except for: (a) scheduled downtime or (b) any inaccessibility caused by situations beyond our control including but not limited to Acts of God.
Your account with Refly
- Subject to the Terms, the Service is solely available for your personal or internal business purposes. In order to avail the Service, you will need to register with us by creating an account which shall be free of cost.
- In order to be eligible for the Service you must satisfy the following requirements:
- You must be 18 years of age or older;
- You must keep your password and other account information secure and secret
- You represent and warrant that you have full power and authority to enter into this contract and it will not in any way violate any other agreement with a third party
- You will protect and not violate Refly’s Intellectual Property Rights relating to the Service.
- You are not a competitor of Refly using the Service for unethical or unlawful reasons.
- You will not attempt to restrict another user from accessing the Service and or encourage another user of the Service to violate the Terms.
- You agree to obtain at your cost any equipment and internet access necessary to avail the Service.
User shall not: (a) license, sublicense, sell, resell, rent, lease, transfer, assign, timeshare, distribute, or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted herein. You will be responsible for any activity that occurs through your account;(b) use the Service in any unlawful manner or for any illegal purposes; (c) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code of any software making up the Service; (d) remove any proprietary notice on the Service. The Intellectual Property Rights relating to the Service shall remain with Refly at all times; (e) use the Service to knowingly post, upload, link to or send any content that is unlawful, hateful, obscene, discriminatory, or contains any viruses, malware, or any other similar harmful software;(f) use any device to interfere with the proper working of the Service or with any other person’s use of the Service;(g) attempt to gain unauthorized access to any portion or feature of the Service by using illegitimate means;(h) use automated scripts to collect information from or otherwise interact with the website or the Service (i) use the Service in violation of the Terms or applicable law.
Third Party Services
Our Service may contain links to services provided by third parties that can be used in conjunction with our Service or may be integrated with our Service. Your use of such services by third parties shall be governed by their terms and conditions and we do not take any responsibility for their acts or omissions. Refly is not liable for any loss or damages suffered by you in connection with your access or use of such third party’s service.
Intellectual Property Rights
Each party to this contract shall maintain all rights, title and interest in and to all its respective patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights (collectively, “Intellectual Property Rights”).
You represent and warrant that you own the information you provide Refly or otherwise have the right to grant the rights and licenses set forth in these Terms. You grant Refly a non-exclusive, revocable, worldwide, perpetual, unlimited fully paid up and royalty-free right to use copy, prepare derivative works of, distribute, publish, remove, retain, add, process, or analyze the information or content provided by you solely for the purpose of providing you the Service. You also represent and warrant that the content provided by you is correct, not confidential, and not in violation of any contractual obligations owed to third parties. Our non-exclusive, non-transferable, revocable license to you to access and use the Service is only valid as long as you use the Service in accordance with the Terms and subject to all the conditions and limitations set forth herein.
Termination of Service
Refly may terminate the Services at any time for any reason with or without cause at its sole discretion, effective immediately. If you choose to terminate this contract you may simply discontinue using the website. Sections such as Intellectual Property Rights, warranty disclaimers, indemnity and limitation of liability and any other sections which by their nature should survive termination shall survive termination of the Service.
Changes to the Terms
Refly may make updates or modify the Terms from time to time for any reason at its sole discretion, so please review it periodically. Your continued use of the Service after such update or modification shall constitute your acceptance of the modified Terms.
The website and Service is provided to you “as is”. Refly hereby disclaims all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Refly does not warrant that the website or the Service we provide you will be error free or that access thereto will be continuous or uninterrupted.
Refly provides the platform for the Service but does not control or monitor User Content. We are not responsible for what Users post, transmit or share on or through our website.
You agree to indemnify and hold harmless Refly, its affiliates, contractors and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the website, including but not limited to out of your violation of the Terms or applicable law and regulations and misappropriation of the intellectual property of Refly or of third parties.
Limitation of Liability
In no event will Refly be liable to you for: (a) any indirect, incidental, consequential, special, punitive or exemplary damages or losses, including loss of use, loss of or damage to records or data, cost of procurement of substitute goods, services or technology, lost revenue and/or profits, sustained or incurred regardless of the form of action, whether in contract, tort or otherwise, including negligence, strict liability, indemnity or otherwise, and whether or not such damages were foreseen or unforeseen or had been advised, or knew or should have known, of the possibility of such damages or losses; or (b) any amounts that exceed the fees paid by you to Refly under this contract during the twelve (12) month period prior to the cause of action. The foregoing shall not apply to the extent prohibited by applicable law.
All provisions of this contract are severable, and the unenforceability or invalidity of any of the provisions herein shall not affect the validity or enforceability of the remaining Terms.
Refly’s failure to enforce any of the provisions of the Terms does not constitute a waiver of that provision or of any other provision of these Terms.