reviewrep.imwithval.com
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Submission: On February 19 via api from US — Scanned from US
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IMwithVal iMarketing
Contact imwithvalm@gmail.com
+14692095597
Content Box Headline
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BOOST YOUR Business
ONLINE AUTHORITY AND
GET 35% MORE REVENUE
By Responding to Reviews!
✓ Show Customers That You Care
✓ Improve Your Online Reputation
✓ Stay Ahead Of Your Competition
GET YOUR FREE 15
TRIAL
To GET MORE SALES
For 15 DAYS we will give you access to our professional Review Response System
valued at $499 for FREE.
GIVE ME MY FREE ACCESS!
SORRY! BUT WE ARE TEMPORARILY SOLD OUT
NOTIFY ME WHEN ITS OPEN
Only 5 Spots Left
BOOST YOUR Business
ONLINE AUTHORITY AND
GET 35% MORE REVENUE
By Responding to Reviews!
✓ Show Customers That You Care
✓ Improve Your Online Reputation
✓ Stay Ahead Of Your Competition
GET YOUR FREE 15
TRIAL
To GET MORE SALES
For 15 DAYS we will give you access to our professional Review Response System
valued at $499 for FREE.
GIVE ME MY FREE ACCESS!
SORRY! BUT WE ARE TEMPORARILY SOLD OUT
NOTIFY ME WHEN ITS OPEN
Only 5 Spots Left
offer ends
* -
DAYS
* -
HOURS
* -
MINS
* -
SECS
WHY SHOULD YOU TRUST OUR EXPERTISE?
COMPREHENSIVE TRAINING AND DEVELOPMENT
Our system has been developed and fine-tuned by a team of highly skilled
engineers and data scientists, who have ensured that it provides accurate and
relevant responses to customer reviews online.
INCREASED CUSTOMER ENGAGEMENT
By promptly responding to customer reviews, an AI responder can increase
customer engagement and show customers that their feedback is valued. This can
lead to increased customer satisfaction, loyalty, sales and revenue increase.
CONSISTENCY AND ACCURACY
The AI responder can provide consistent and accurate responses to customer
reviews, reducing the risk of human error and ensuring that every customer
receives a timely and appropriate response.
SCALABILITYCOMPREHENSIVE TRAINING AND DEVELOPMENT
The AI responder can handle a large volume of customer reviews, making it easier
to scale customer service operations as a business grows... All for FREE!
THIS IS HOW IT WORKS
1 Fill Out Your Information
Provide a few details about your business, website and the best way to contact
you.
2 Get Your Review Responder
Get Your 15 days trial for the Review Responder and start improving your
customer communications and grow your business revenue.
GIVE ME MY FREE TRIAL!
NOTIFY ME WHEN ITS OPEN
IMwithVal iMarketing © 2024 All Rights Reserved. 1708 Burberry Dr, Allen, TX
75002 . Contact Us . Terms of Service . Privacy Policy
×
TERMS OF SERVICE
Welcome to my.reviewresponder.io, the website and online service of Real
Strategic, Inc. (“Review Responder,” “we,” or “us”). This page explains the
terms by which you may use our online and/or mobile services, website, and
software provided on or in connection with the service (collectively the
“Service”). By accessing or using the Service, you agree to be bound by this
Terms of Use Agreement (“Agreement”) and to the collection and use of your
information as set forth in the Review Responder Privacy Policy
about.canva.com/privacy-policy, whether or not you are a registered user of our
Service. This Agreement applies to all visitors, users, members, contributors
and others who access the Service (“Users”).
This Agreement hereby incorporates the terms of the following additional
documents, including all future amendments or modifications thereto:
1. The Contributor Agreement
2. One Time Use License Agreement
3. Multi-Use License Agreement
4. Unlimited Reproductions Extended License Agreement
5. Multi-Seat Extended License Agreement
6. Items for Resale Extended License Agreement
7. The Royalty Schedule
8. The Canva Privacy Policy
Please read this agreement carefully to ensure that you understand each
provision.
1. Use of Our Service
Our Service in a Snapshot. Review Responder operates an online design platform
and media licensing service that empowers our users, members, artists,
designers, photographers and others to design and collaborate. We provide
ready-made media and content that is licensable for use in accordance with our
various licenses.
Eligibility. You may use the Service only if you can form a binding contract
with Review Responder, and only in compliance with this Agreement and all
applicable local, state, national, and international laws, rules, and
regulations. You must be 13 years old or older to use or access the Service,
unless you are under 13 years old and your use of the Service is directly
supervised by your parent or guardian or another authorized adult (e.g., a
teacher) who agrees to be bound by this Agreement. Any use or access to the
Service by anyone under 13 who is not directly supervised by an adult is
strictly prohibited and in violation of this Agreement. The Service may not be
available to any Users previously removed from the Service by Review Responder.
By using the Review Responder, you represent and warrant that you have the full
right, power and authority to enter into this Agreement and to fully perform all
of your obligations hereunder. You further represent and warrant that you are
under no legal disability or contractual restriction that prevents you from
entering into this Agreement.
License to use the Review Responder Service. Subject to the terms and conditions
of this Agreement, you are hereby granted a non-exclusive, limited,
non-transferable, freely revocable license to use the Service and as permitted
by the features of the Service. Review Responder reserves all rights not
expressly granted herein in the Service and the Review Responder Content (as
defined below). Review Responder may terminate this license at any time for any
reason or no reason.
Additional terms may apply for any content that you download from or upload to
the Service. Any such additional terms will be made available to you prior to
initiating any applicable uploads or downloads.
2. Review Responder Accounts
Your Review Responder account gives you access to the services and functionality
that we may establish and maintain from time to time and in our sole discretion.
We may maintain different types of accounts for different types of Users. If you
open a Review Responder account on behalf of a company, organization, or other
entity, then (a) “you” includes you and that entity, and (b) you represent and
warrant that you are an authorized representative of the entity with the
authority to bind the entity to this Agreement, and that you agree to this
Agreement on the entity’s behalf. By connecting to Review Responder with a
third-party service, you give us permission to access and use your information
from that service as permitted by that service, and to store your log-in
credentials for that service.
You may never use another User’s account without permission. When creating your
account, you must provide accurate and complete information. You are solely
responsible for the activity that occurs on your account, and you must keep your
account password secure. We encourage you to use “strong” passwords (passwords
that use a combination of upper and lower case letters, numbers and symbols)
with your account. You may not allow any other party to access or use the
Service with your unique username, password, or other security code. You must
notify Review Responder immediately of any breach of security or unauthorized
use of your account. Review Responder will not be liable for any losses caused
by any unauthorized use of your account.
By providing Review Responder your email address you consent to our using the
email address to send you Service-related notices, including any notices
required by law, in lieu of communication by postal mail. We may also use your
email address to send you other messages, such as changes to features of the
Service and special offers. If you do not want to receive such email messages,
you may opt out or change your preferences in your settings page. Opting out may
prevent you from receiving email messages regarding updates, improvements, or
offers.
Review Responder usernames are provided on a first-come, first-served basis and
may not be offered for sale, sold, bought, solicited, or inactively held for
future use. Inactive accounts may be renamed at any time without notification.
3. Service Rules
You agree not to engage in any of the following prohibited activities: (i)
copying, distributing, or disclosing any part of the Service in any medium,
including without limitation by any automated or non-automated “scraping”; (ii)
using any automated system, including without limitation “robots,” “spiders,”
“offline readers,” etc., to access the Service in a manner that sends more
request messages to the Review Responder servers than a human can reasonably
produce in the same period of time by using a conventional on-line web browser;
(iii) transmitting spam, chain letters, or other unsolicited email; (iv)
attempting to interfere with, compromise the system integrity or security or
decipher any transmissions to or from the servers running the Service; (v)
taking any action that imposes, or may impose at our sole discretion an
unreasonable or disproportionately large load on our infrastructure; (vi)
uploading invalid data, viruses, worms, or other software agents through the
Service; (vii) collecting or harvesting any personally identifiable information,
including account names, from the Service; (viii) using the Service for any
commercial solicitation purposes; (ix) impersonating another person or otherwise
misrepresenting your affiliation with a person or entity, conducting fraud,
hiding or attempting to hide your identity; (x) interfering with the proper
working of the Service; (xi) accessing any content on the Service through any
technology or means other than those provided or authorized by the Service;
(xii) bypassing the measures we may use to prevent or restrict access to the
Service, including without limitation features that prevent or restrict use or
copying of any content or enforce limitations on use of the Service or the
content therein; (xiii) using any Review Responder Content (as defined below),
including any Review Responder trademarks, in any manner that might tarnish,
disparage, or reflect adversely on such Review Responder Content; (xiv) using
any Review Responder trademark or any variant thereof including misspellings as
a domain name or as part of a domain name, as a metatag, keyword, or any other
type of programming code or data; (xv) adopting or using, without our prior
written consent, any word or mark which is similar to or likely to be confused
with Review Responder trademarks; (xvi) copying, imitating or using, in whole or
in part, the look and feel of the Service (including but not limited to all page
headers, custom graphics, button icons, and scripts) without the prior written
consent of Review Responder; (xvii) using any Review Responder Content to link
to the Review Responder website without the prior written consent of Review
Responder; or (xviii) framing or hotlinking to the Service or any content other
than your own without the prior written consent of Review Responder.
Accessing the audiovisual content available on the Service for any purpose or in
any manner other than Streaming (as defined below) is expressly prohibited.
“Streaming” means a contemporaneous digital transmission of an audiovisual work
via the Internet from the Review Responder Service to a User’s device in such a
manner that the data is intended for real-time viewing and not intended to be
copied, stored, permanently downloaded, or redistributed by the User.
We may, without prior notice, change the Service; stop providing the Service or
features of the Service, to you or to Users generally; or create usage limits
for the Service. We may permanently or temporarily terminate or suspend your
access to the Service without notice and liability for any reason, including if
in our sole determination you violate any provision of this Agreement, or for no
reason. Upon termination for any reason or no reason, you continue to be bound
by this Agreement. If your account is terminated for any reason, you must obtain
written authorization from Review Responder prior to establishing another
account. If you attempt to establish another account without obtaining such
authorization, Review Responder may permanently ban you from the Service. You
may not have more than one active account at any time without the written
consent of Review Responder in each instance. If such consent is granted, you
may not submit identical Stock Media (as defined below) to more than one
account.
You are solely responsible for your interactions with other Review Responder
Users. We reserve the right, but have no obligation, to monitor disputes between
you and other Users. Review Responder shall have no liability for your
interactions with other Users, or for any User’s action or inaction.
4. User Content
4.1 General
Some areas of the Service allow Users to submit and publish content such as
profile information, comments, questions, photographs, illustrations, fonts,
designs, and other content or information (any such materials a User submits,
posts, displays, or otherwise makes available on the Service without
compensation “User Content”). You retain ownership of your User Content, and you
understand that if you post User Content under a Brand, the Brand Owner will
own—and be entirely responsible for—all such User Content. For the avoidance of
doubt, User Content does not include Stock Media.
4.2 Uploading User Content to Review Responder.
You agree not to submit User Content that: (i) may create a risk of harm, loss,
physical or mental injury, emotional distress, death, disability, disfigurement,
or physical or mental illness to you, to any other person, or to any animal;
(ii) may create a risk of any other loss or damage to any person or property;
(iii) seeks to harm or exploit children by exposing them to inappropriate
content, asking for personally identifiable details or otherwise; (iv) may
constitute or contribute to a crime or tort; (v) contains any information or
content that we deem to be unlawful, harmful, abusive, racially or ethnically
offensive, defamatory, infringing, invasive of personal privacy or publicity
rights, harassing, humiliating to other people (publicly or otherwise),
libelous, threatening, profane, or otherwise objectionable; (vi) contains any
information or content that is illegal (including, without limitation, the
disclosure of insider information under securities law or of another party’s
trade secrets); (vii) contains any information or content that you do not have a
right to make available under any law or under contractual or fiduciary
relationships; or (viii) contains any information or content that you know is
not correct and current. You agree that any User Content that you post does not
and will not violate third-party rights of any kind, including without
limitation any Intellectual Property Rights (as defined below) or rights of
privacy or publicity. Review Responder reserves the right, but is not obligated,
to reject and/or remove any User Content that Review Responder believes, in its
sole discretion, violates these provisions. You understand that publishing your
User Content on the Service is not a substitute for registering it with the U.S.
Copyright Office, the Writer’s Guild of America, or any other rights
organization. Further, you understand that if you contribute User Content under
a Brand, the Brand Owner will own—and be entirely responsible for—all such User
Content.
For the purposes of this Agreement, “Intellectual Property Rights” means all
patent rights, copyright rights, mask work rights, moral rights, rights of
publicity, trademark, trade dress and service mark rights, goodwill, trade
secret rights and other intellectual property rights as may now exist or
hereafter come into existence, and all applications therefore and registrations,
renewals and extensions thereof, under the laws of any state, country, territory
or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the
following:
1. Your User Content and Review Responder’s use thereof as contemplated by this
Agreement and the Service will not violate any law or infringe any rights of
any third party, including but not limited to any Intellectual Property
Rights and privacy and publicity rights.
2. Review Responder may exercise the rights to your User Content granted under
this Agreement without liability for payment of any guild fees, residuals,
payments, fees, or royalties payable under any collective bargaining
agreement or otherwise.
3. There is no suit action or claim or other legal or administrative proceeding
now pending or threatened which might directly or indirectly affect any of
your User Content or which might in any way impair the rights granted by you
hereunder.
4. If your User Content consists in whole or in part of design elements, fonts,
clipart, sprites, vectors, brush tools and the like that are included in
design programs, by uploading any such User Content to Review Responder, you
represent and warrant that the end user license agreement, terms of service
or the equivalent license agreed to by you allows you to incorporate such
elements in any part of whole of the User Content created by you, and to
license such User Content to Review Responder for the purposes set forth
herein.
5. Your User Content is neither obscene, defamatory, or otherwise
objectionable.
6. To the best of your knowledge, all your User Content and other information
that you provide to us is truthful and accurate.
7. You will not transmit unsolicited emails or engage in spamming to publicize
or promote your relationship with Review Responder.
8. You will not engage in pay per click advertising using keywords which
compete with Review Responder’s own campaigns in order to promote your
relationship with Review Responder nor will you use or engage a third party
on your behalf to use Review Responder in any domain name.
Upon making or learning of any claim that is inconsistent with any of the
representations or warranties made by you, Review Responder shall send you
written notice of such claim, using the email address provided by you to Review
Responder, specifying the details of the claim as then known to Review
Responder. Pending the determination of such claim, Review Responder may
withhold from royalties and/or other compensation due to you hereunder, such
sums as are reasonably related to the probable value of the claim as determined
by Review Responder.
Review Responder takes no responsibility and assumes no liability for any User
Content that you or any other User or third party posts or sends over the
Service. You shall be solely responsible for your User Content and the
consequences of posting or publishing it, and you agree that we are only acting
as a passive conduit for your online distribution and publication of your User
Content. You understand and agree that you may be exposed to User Content or
Stock Media that is inaccurate, objectionable, inappropriate for children, or
otherwise unsuited to your purpose, and you agree that Review Responder shall
not be liable for any damages you allege to incur as a result of User Content or
Stock Media.
5. User Content License Grant
By publishing any designs containing User Content on the Service, you expressly
grant, and you represent and warrant that you have all rights necessary to grant
to Review Responder a multi-use, sublicensable, transferable, perpetual,
irrevocable, non-exclusive, worldwide license to use, reproduce, modify,
publish, list information regarding, edit, translate, distribute, syndicate,
publicly perform, publicly display, and make derivative works of all such User
Content and your name, voice, and/or likeness as contained in your User Content,
in whole or in part, and in any form, media or technology, whether now known or
hereafter developed, for use in connection with the Service and Review
Responder’s (and its successors’ and affiliates’) business, including without
limitation for promoting and redistributing part or all of the Service (and
derivative works thereof) in any media formats and through any media channels.
For the avoidance of doubt, User Content does not include Stock Media. Stock
Media is licensed to Review Responder.
6. Our Proprietary Rights
Except for your User Content, the Service and all materials therein or
transferred thereby, including, without limitation, software, images, text,
graphics, illustrations, logos, patents, trademarks, service marks, copyrights,
photographs, audio, videos, music, User Content belonging to other Users, and
Stock Media belonging to other Users (the “Review Responder Content”), and all
Intellectual Property Rights related thereto, are the exclusive property of
Review Responder and its licensors (including other Users who post User Content
or contribute Stock Media (as defined below) to the Service). Except as
explicitly provided herein, nothing in this Agreement shall be deemed to create
a license in or under any such Intellectual Property Rights, and you agree not
to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly
display, publicly perform, publish, adapt, edit or create derivative works from
any Review Responder Content. Use of the Review Responder Content for any
purpose not expressly permitted by this Agreement is strictly prohibited.
7. Stock Media Licenses
7.1 General.
The Service provides certain functionality that allows you to create visual
designs (“Review Responder Designs”). Review Responder Designs can be
downloaded/exported from the Service in a range of formats, including without
limitation PDF, JPEG, or HTML (“Export,” “Exports,” “Exported, “Exporting”). You
may create Review Responder Designs using only your own User Content, or you may
choose to incorporate Stock Media into your Review Responder Design. You may
Export a Review Responder Design comprised solely of your own User Content at no
cost. However, you may only Export a Review Responder Design comprised in whole
or in part of any Stock Media in accordance with the terms of one of the
licenses contained in this Section.
7.2 License Types.
In order to Export any Stock Media from the Service, you must license the Stock
Media under one of the licenses provided below. By Exporting any Stock Media
from the Service, you hereby agree to be bound by any applicable terms and pay
all applicable fees. If you license the Stock Media as a Brand Owner, the
licenses granted under the licenses provided below will be granted to you and
the applicable Brand, for use by you and other Users who have been authorized
under the Brand, solely in connection with the Brand. You agree to pay and be
responsible for any and all sales taxes, use taxes, value added taxes and duties
imposed by any jurisdiction as a result of the license granted to you, or of
your use of the Stock Media pursuant to any license provided by Review
Responder.
8. Feedback
You may choose to or we may invite you to submit comments or ideas about the
Service, including without limitation about how to improve the Service or our
products (“Ideas”). By submitting any Idea, you agree that your disclosure is
gratuitous, unsolicited and without restriction and will not place Review
Responder under any fiduciary or other obligation, and that we are free to use
the Idea without any additional compensation to you, and/or to disclose the Idea
on a non-confidential basis or otherwise to anyone. You further acknowledge
that, by acceptance of your submission, Review Responder does not waive any
rights to use similar or related ideas previously known to Review Responder, or
developed by its employees, or obtained from sources other than you.
9. Paid Services
9.1 Billing Policies.
Certain aspects of the Service may be provided for a fee or other charge. If you
elect to use paid aspects of the Service, you agree to the pricing and payment
listed on the Service which we may update from time to time. Review Responder
may add new services for additional fees and charges, or amend fees and charges
for existing services, at any time in its sole discretion.
9.2 No Refunds.
You may cancel your Review Responder account at any time; however, there are no
refunds for cancellation. In the event that Review Responder suspends or
terminates your account or this Agreement, you understand and agree that you
shall receive no refund or exchange for any credits, any unused time on a
subscription, any license or subscription fees for any portion of the Service,
any content or data associated with your account, or for anything else.
9.3 Payment Information; Taxes.
All information that you provide in connection with a purchase or transaction or
other monetary transaction interaction with the Service must be accurate,
complete, and current. You agree to pay all charges incurred by users of your
credit card, debit card, or other payment method used in connection with a
purchase or transaction or other monetary transaction interaction with the
Service at the prices in effect when such charges are incurred. You will pay any
applicable taxes, if any, relating to any such purchases, licenses, royalties,
transactions, or other monetary transaction interactions.
10. Review Responder Property
Certain aspects of the service may allow you to obtain certain reputational or
status indicators (“Review Responder Property”). You understand and agree that
regardless of terminology used, Review Responder Property represents a limited
license right governed solely by the terms of this Agreement and available for
distribution at Review Responder’s sole discretion. Review Responder Property is
not redeemable for any sum of money or monetary value from Review Responder at
any time. You acknowledge that you do not own the account you use to access the
Service, nor do you possess any rights of access or rights to data stored by or
on behalf of Review Responder on Review Responder servers, including without
limitation any data representing or embodying any or all of your Review
Responder Property. You agree that Review Responder has the absolute right to
manage, regulate, control, modify and/or eliminate Review Responder Property as
it sees fit in its sole discretion, in any general or specific case, and that
Review Responder will have no liability to you based on its exercise of such
right. All data on Review Responder’s servers are subject to deletion,
alteration or transfer.
Notwithstanding any value attributed to such data by you or any third party, you
understand and agree that any data, account history and account content residing
on Review Responder’s servers, may be deleted, altered, moved or transferred at
any time for any reason in Review Responder’s sole discretion, with or without
notice and with no liability of any kind. Review Responder does not provide or
guarantee, and expressly disclaims, any value, cash or otherwise, attributed to
any data residing on Review Responder’s servers.
11. Privacy
We care about the privacy of our Users. You understand that by using the
Services you consent to the collection, use and disclosure of your personally
identifiable information and aggregate data as set forth in our Privacy Policy
and to have your personal information collected, used, transferred to and
processed in the United States.
12. Security
Review Responder cares about the integrity and security of your personal
information. However, we cannot guarantee that unauthorized third parties will
never be able to defeat our security measures or use your personal information
for improper purposes. You acknowledge that you provide your personal
information at your own risk.
13. DMCA Notice
Since we respect artist and content owner rights, it is Review Responder’s
policy to respond to alleged infringement notices that comply with the Digital
Millennium Copyright Act of 1998 (“DMCA”).
If you believe that your copyrighted work has been copied in a way that
constitutes copyright infringement and is accessible via the Service, please
notify Review Responder’s copyright agent as set forth in the DMCA. For your
complaint to be valid under the DMCA, you must provide the following information
in writing:
1. An electronic or physical signature of a person authorized to act on behalf
of the copyright owner;
2. Identification of the copyrighted work that you claim has been infringed;
3. Identification of the material that is claimed to be infringing and where it
is located on the Service;
4. Information reasonably sufficient to permit Review Responder to contact you,
such as your address, telephone number, and, e-mail address;
5. A statement that you have a good faith belief that use of the material in
the manner complained of is not authorized by the copyright owner, its
agent, or law; and
6. A statement, made under penalty of perjury, that the above information is
accurate, and that you are the copyright owner or are authorized to act on
behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice
Real Strategic, Inc.
℅ Ad Kahuna
PO Box 2792
Jupiter, FL 33468-2792
United States of America
Email: copyright@canva.com
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS
INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL
PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying Review Responder
and its affiliates that your copyrighted material has been infringed. The
preceding requirements are intended to comply with Review Responder’s rights and
obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute
legal advice. It may be advisable to contact an attorney regarding your rights
and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Review Responder has
adopted a policy of terminating, in appropriate circumstances, Users who are
deemed to be repeat infringers. Review Responder may also at its sole discretion
limit access to the Service and/or terminate the accounts of any Users who
infringe any intellectual property rights of others, whether or not there is any
repeat infringement.
14. Third-Party Links
The Service may contain links to third-party websites, advertisers, services,
special offers, or other events or activities that are not owned or controlled
by Review Responder. Review Responder does not endorse or assume any
responsibility for any such third-party sites, information, materials, products,
or services. If you access a third party website from the Service, you do so at
your own risk, and you understand that this Agreement and Review Responder’s
Privacy Policy do not apply to your use of such sites. You expressly relieve
Review Responder from any and all liability arising from your use of any
third-party website, service, or content. Additionally, your dealings with or
participation in promotions of advertisers found on the Service, including
payment and delivery of goods, and any other terms (such as warranties) are
solely between you and such advertisers. You agree that Review Responder shall
not be responsible for any loss or damage of any sort relating to your dealings
with such advertisers.
15. Indemnity
You agree to defend, indemnify and hold harmless Review Responder and its
subsidiaries, agents, licensors, managers, and other affiliated companies, and
their employees, contractors, agents, officers and directors, from and against
any and all claims, damages, obligations, losses, liabilities, costs or debt,
and expenses (including but not limited to attorney’s fees) arising from: (i)
your use of and access to the Service, including any data or content transmitted
or received by you; (ii) your violation of any term of this Agreement, including
without limitation your breach of any of the representations and warranties
above; (iii) your violation of any third-party right, including without
limitation any right of privacy, publicity, or Intellectual Property Rights;
(iv) your violation of any applicable law, rule, or regulation; (v) any claim or
damages that arise as a result of any of your User Content, your Stock Media, or
any content that is submitted via your account; or (vi) any other party’s access
and use of the Service with your unique username, password, or other appropriate
security code.
16. No Warranty
The service is provided on an “as is” and “as available” basis. Use of the
service is at your own risk. To the maximum extent permitted by applicable law,
the service is provided without warranties of any kind, whether express or
implied, including, but not limited to, implied warranties of merchantability,
fitness for a particular purpose, or non-infringement. Without limiting the
foregoing, Review Responder, its subsidiaries, and its licensors do not warrant
that the content, including without limitation User Content and Stock Media, is
accurate, reliable or correct; that the service will meet your requirements;
that the service will be available at any particular time or location,
uninterrupted or secure; that any defects or errors will be corrected; or that
the service is free of viruses or other harmful components. Any content
downloaded or otherwise obtained through the use of the service is downloaded at
your own risk and you will be solely responsible for any damage to your computer
system or mobile device or loss of data that results from such download or your
use of the service.
Review Responder does not warrant, endorse, guarantee, or assume responsibility
for any product or service advertised or offered by a third party through the
Review Responder service or any hyperlinked website or service, and Review
Responder will not be a party to or in any way monitor any transaction between
you and third-party providers of products or services.
17. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Review
Responder, its affiliates, agents, directors, employees, suppliers or licensors
be liable for any direct, indirect, punitive, incidental, special, consequential
or exemplary damages, including without limitation damages for loss of profits,
goodwill, use, data or other intangible losses, that result from the use of, or
inability to use, this service, including without limitation, your submission of
User Content or Stock Media. Under no circumstances will Review Responder be
responsible for any damage, loss or injury resulting from hacking, tampering or
other unauthorized access or use of the service or your account or the
information contained therein.
To the maximum extent permitted by applicable law, Review Responder assumes no
liability or responsibility for any (i) errors, mistakes, or inaccuracies of
content; (ii) personal injury or property damage, of any nature whatsoever,
resulting from your access to or use of our service; (iii) any unauthorized
access to or use of our secure servers and/or any and all personal information
stored therein; (iv) any interruption or cessation of transmission to or from
the service; (v) any bugs, viruses, trojan horses, or the like that may be
transmitted to or through our service by any third party; (vi) any errors or
omissions in any content or for any loss or damage incurred as a result of the
use of any content posted, emailed, transmitted, or otherwise made available
through the service; and/or (vii) user content or the defamatory, offensive, or
illegal conduct of any third party. In no event shall Review Responder, its
affiliates, agents, directors, employees, suppliers, or licensors be liable to
you for any claims, proceedings, liabilities, obligations, damages, losses or
costs in an amount exceeding the amount you paid to Review Responder hereunder
or $100.00, whichever is greater.
No action, regardless of form or nature, arising out of this agreement may be
brought by or on behalf of you more than one (1) year after the cause of action
first arose.
Notwithstanding anything to the contrary contained herein, Review Responder
shall not be liable for any damages, costs or losses arising as a result of
modifications made to User Content, Stock Media, or other content, any additions
or combinations of User Content or Stock Media with other content, or the
context in which the User Content, Stock Media, or other content is used by you.
This limitation of liability section applies whether the alleged liability is
based on contract, tort, negligence, strict liability, or any other basis, even
if Review Responder has been advised of the possibility of such damage. The
foregoing limitation of liability shall apply to the fullest extent permitted by
law in the applicable jurisdiction.
Some states do not allow the exclusion of implied warranties or the exclusion or
limitation of incidental or consequential damages, so the above limitations or
exclusions may not apply to you. This agreement gives you specific legal rights,
and you may also have other rights which vary from state to state. The
disclaimers, exclusions, and limitations of liability under this agreement will
not apply to the extent prohibited by applicable law.
The Service is controlled and operated in the United States. Review Responder
makes no representations that the Service is appropriate or available for use in
other locations. Those who access or use the Service from other jurisdictions do
so at their own volition and are entirely responsible for compliance with all
applicable United States and local laws and regulations, including but not
limited to export and import regulations. You may not use the Service if you are
a resident of a country embargoed by the United States, or are a foreign person
or entity blocked or denied by the United States government. Unless otherwise
explicitly stated, all materials found on the Service are solely directed to
individuals, companies, or other entities located in the United States.
18. Governing Law
You agree that: (i) the Service shall be deemed solely based in Florida; and
(ii) the Service shall be deemed a passive one that does not give rise to
personal jurisdiction over Review Responder, either specific or general, in
jurisdictions other than Florida. This Agreement shall be governed by the
internal substantive laws of the State of Florida, without respect to its
conflict of laws principles. The application of the United Nations Convention on
Contracts for the International Sale of Goods is expressly excluded. You agree
to submit to the personal jurisdiction of the federal and state courts located
in Palm Beach County, Florida for any actions for which we retain the right to
seek injunctive or other equitable relief in a court of competent jurisdiction
to prevent the actual or threatened infringement, misappropriation or violation
of our copyrights, trademarks, trade secrets, patents, or other intellectual
property or proprietary rights, as set forth in the Arbitration provision below.
19. Arbitration.
For any dispute with Review Responder, you agree to first contact us at
support@brightsocial.com and attempt to resolve the dispute with us informally.
In the unlikely event that Review Responder has not been able to resolve a
dispute it has with you after attempting to do so informally, we each agree to
resolve any claim, dispute, or controversy (excluding any Review Responder
claims for injunctive or other equitable relief) arising out of or in connection
with or relating to this Agreement, or the breach or alleged breach thereof
(collectively, “Claims”), by binding arbitration by the American Arbitration
Association (“AAA”) under the Commercial Arbitration Rules and Supplementary
Procedures for Consumer Related Disputes then in effect for the AAA, except as
provided herein. The arbitration will be conducted in Palm Beach County,
Florida, unless you and Review Responder agree otherwise. Each party will be
responsible for paying any AAA filing, administrative and arbitrator fees in
accordance with AAA rules. The award rendered by the arbitrator shall include
costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert
and other witnesses, and any judgment on the award rendered by the arbitrator
may be entered in any court of competent jurisdiction. Nothing in this Section
shall prevent either party from seeking injunctive or other equitable relief
from the courts as necessary to prevent the actual or threatened infringement,
misappropriation, or violation of that party’s data security, Intellectual
Property Rights, or other proprietary rights. All claims must be brought in the
parties’ individual capacity, and not as a plaintiff or class member in any
purported class or representative proceeding, and, unless we agree otherwise,
the arbitrator may not consolidate more than one person’s claims. You agree
that, by entering into this agreement, you and Review Responder are each waiving
the right to a trial by jury or to participate in a class action.
20. General
20.1 Assignment.
This Agreement, and any rights and licenses granted hereunder, may not be
transferred or assigned by you, but may be assigned by Review Responder without
restriction. Any attempted transfer or assignment in violation hereof shall be
null and void.
20.2 Notification Procedures and Changes to the Agreement.
Review Responder may provide notifications, whether such notifications are
required by law or are for marketing or other business related purposes, to you
via email notice, written or hard copy notice, or through posting of such notice
on our website, as determined by Review Responder in our sole discretion. Review
Responder reserves the right to determine the form and means of providing
notifications to our Users, provided that you may opt out of certain means of
notification as described in this Agreement. Review Responder is not responsible
for any automatic filtering you or your network provider may apply to email
notifications we send to the email address you provide us. Review Responder may,
in its sole discretion, modify or update this Agreement from time to time, and
so you should review this page periodically. When we change the Agreement in a
material manner, we will update the ‘last modified’ date at the top of this
page. Your continued use of the Service after any such change constitutes your
acceptance of the new Terms of Use. If you do not agree to any of these terms or
any future Terms of Use, do not use or access (or continue to access) the
Service.
20.3 Entire Agreement/Severability.
This Agreement, together with the
* The Review Responder Privacy Policy at
about.canva.com/contribute/privacy-policy, any amendments and any additional
agreements you may enter into with Canva in connection with the Service,
shall constitute the entire agreement between you and Review Responder
concerning the Service. If any provision of this Agreement is deemed invalid
by a court of competent jurisdiction, the invalidity of such provision shall
not affect the validity of the remaining provisions of this Agreement, which
shall remain in full force and effect.
20.4 No Waiver.
* No waiver of any term of this Agreement shall be deemed a further or
continuing waiver of such term or any other term, and Review Responder’s
failure to assert any right or provision under this Agreement shall not
constitute a waiver of such right or provision.
20.5 Contact.
* Please contact us at support@brightsocial.com with any questions regarding
this Agreement.
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PRIVACY POLICY
PRIVACY
The information provided during this registration is kept private and
confidential, and will never be distributed, copied, sold, traded or posted in
any way, shape or form. This is our guarantee.
INDEMNITY
You agree to indemnify and hold us,. and its subsidiaries, affiliates, officers,
agents, co-branders or other partners, and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party due to or
arising out of Content you receive, submit, reply, post, transmit or make
available through the Service, your use of the Service, your connection to the
Service, your violation of the TOS, or your violation of any rights of another.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. ,. AND US, IT'S CUSTOMERS, EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE
SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR
RELIABLE, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR
THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT AND SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM:
1. THE USE OR THE INABILITY TO USE THE SERVICE;
2. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY
GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
3. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
4. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
5. ANY OTHER MATTER RELATING TO THE SERVICE.
By registering and subscribing to our email and SMS service, by opt-in, online
registration or by filling out a card, "you agree to these TERMS OF SERVICE" and
you acknowledge and understand the above terms of service outlined and detailed
for you today.
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