Summary

This page defines the terms of service which, by using the service, you agree to. The legal definitions and detail follow, but the summary is that you agree to use the service for the purpose it was intended, without misusing or abusing it, without posting or sharing prohibited items, and without holding us liable for anything arising from your use of the CyBranding Campaign Positioning System (CPS). If we think your use of the service is not legal, or simply unreasonable, we reserve the right to suspend or delete your account.

Terms of Agreement

The following terms and conditions govern all use of the CyBranding services, the www.CyBranding.com website, and all content, services and products available at or through the website (collectively 'CyBranding').

CyBranding is owned and operated by Daniele Mazzini (hereafter, “the Website Owner”). CyBranding and the CyBranding CPS are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, CyBranding's Privacy Policy) and procedures that may be published from time to time on this website by the Website Owner (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using CyBranding or the CyBranding CPS. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access CyBranding or use any of its services. If these terms and conditions are considered an offer by the Website Owner, acceptance is expressly limited to these terms.

Your CyBranding CPS Account

CyBranding CPS is available only to individuals who are at least 13 years old.

If you create an account for the CyBranding CPS, you are responsible for maintaining the security of your account and its content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your account.

You must not publish any content (for example in an externally accessible report) in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others. The Website Owner may change or remove any publicly accessible content that he considers inappropriate or unlawful, or otherwise likely to cause the Website Owner liability.

You must immediately notify the Website Owner of any unauthorised uses of your account, or any other breaches of security. The Website Owner will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Users

If you operate a CyBranding CPS account, participate with an account, share reports or otherwise make (or allow any third party to make) material available by means of the CyBranding services (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software.

Payments

The Website Owner uses the Fastspring service of Bright Market LLC to handle account billing as linked from the CyBranding CPS service.

You must provide CyBranding with accurate billing information and keep this information up to date. By subscribing to one of the paid subscription plans for the CyBranding CPS , you give the Website Owner the right to charge your credit card, or bill you via other payment methods, for the recurring fees associated with your CyBranding CPS subscription.

CyBranding CPS is a subscription service. You pay in advance for each billing cycle on the first day of that cycle. Your CyBranding CPS account will be renewed automatically until you cancel the service. You are responsible for all charges incurred relating to your CyBranding CPS account, including any applicable taxes.

Changes to subscription plans

You can change the plan you are subscribed to at any time.

For monthly subscription plans, you will be billed at the new rate on the next billing date for your on-going subscription. If downgrading (moving to a cheaper plan), we do not refund for unused days, and you remain responsible for any charges incurred to date.

For annual subscription plans, you will be refunded a prorated amount for any unused months, and a new annual subscription plan will be started, and billed, on the day you make the change.

Cancellation

You can cancel your subscription to CyBranding CPS at any time. Once a subscription has been cancelled we will not charge your credit card, or bill you via other payment methods, again. The CyBranding CPS service will remain available to you until the end of the current billing period.

If your payment method does not work, we reserve the right to cancel, or make your account unavailable, immediately.

Any abuse of the service will lead to termination of your account. The Website Owner reserves the right to decide what is considered an abuse of the service.

Except in cases of abuse, the Website Owner will keep the data associated with any cancelled, or otherwise expired, account for 30 days from the date of cancellation. You have the option to delete your account and its associated data earlier than this date using the links provided.

Refunds

If you cancel your account, the Website Owner will not charge you again, and will not refund for unused days or months.

If you change a monthly plan, the Website Owner will not refund (when downgrading), or charge (when upgrading), for partial months.

If you change an annual plan, the Website Owner will make a prorated refund for unused months of the existing plan, and will immediately charge you for the whole year of a new annual plan at the new rate.

(If you think you have a reasonable case for a refund outside of the scenarios above, please email support@cybranding.me and discuss it with us).

Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which CyBranding links, and that link to CyBranding. The Website Owner does not have any control over those non-Cybranding websites and webpages, and is not responsible for their contents or their use. By linking to a non-CyBranding website or webpage, the Website Owner does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website Owner disclaims any responsibility for any harm resulting from your use of non-CyBranding websites and webpages.

Copyright Infringement

As the Website Owner asks others to respect his intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by CyBranding violates your copyright, you are encouraged to notify the Website Owner. The Website Owner will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. The Website Owner will terminate a visitor's access to and use of CyBranding if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of the Website Owner or others. In the case of such termination, the Website Owner will have no obligation to provide a refund of any amounts previously paid to the Website Owner.

Intellectual Property

This Agreement does not transfer from the Website Owner to you any of the Website Owner or third party intellectual property, and all rights, title and interest in and to such property will remain (as between the parties) solely with the Website Owner.

Your use of CyBranding and its services grants you no right or license to reproduce or otherwise re-use any part of CyBranding.

Changes

The Website Owner reserves the right, at his sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to CyBranding website or services following the posting of any changes to this Agreement constitutes acceptance of those changes.

The Website Owner may also, in the future, offer new services and/or features through the CyBranding website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

The Website Owner may terminate your access to all or any part of CyBranding website or services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your CyBranding CPS account (if you have one), you may simply discontinue using CyBranding CPS.

All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

The CyBranding website and the CyBranding CPS are provided "as is". The Website Owner and his suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither the Website Owner nor his suppliers and licensors, makes any warranty that the CyBranding website and/or the CyBranding CPS will be error free or that access thereto will be continuous or uninterrupted.

You understand that you download from, or otherwise obtain content or services through, CyBranding at your own discretion and risk.

Limitation of Liability

In no event will the Website Owner, or his suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to the Website Owner under this agreement during the twelve (12) month period prior to the cause of action.

The Website Owner shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of CyBranding website and services will be in strict accordance with CyBranding's Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from England, the United States, or the country in which you reside) and (ii) your use of CyBranding will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless the Website Owner, his contractors, and his licensors, 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 CyBranding, including but not limited to your violation of this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between the Website Owner and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorised executive of the Website Owner, or by the posting by the Website Owner of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of CyBranding will be governed by the laws of Italy.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; the Website Owner may assign his rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Change log

• 30 December 2011 - Published.
• 22 January 2011 - "Hashtagify Pro" changed to "CyBranding" and "CyBranding CPS".

Attribution

These terms were modelled on the Terms of Service published under a Creative Commons licence by the kind folks over at WordPress.com.