Effective date: 1/15/18
These Terms do not alter in any way the terms or conditions of any other agreement you may have with THE DISRUPTIVE INC. with respect to our Services (each, a “Related Agreement”). To the extent these Terms conflict with a Related Agreement, the terms of the Related Agreement shall control.
PLEASE NOTE THAT, EXCEPT AS PROVIDED BELOW, THESE TERMS REQUIRE RESOLUTION OF DISPUTES THROUGH USE OF AN ARBITRATION SERVICE. YOU HEREBY AGREE THAT ALL DISPUTES ARISING FROM, RELATED TO, OR IN CONNECTION WITH YOUR USE OF THE SERVICES WILL BE RESOLVED IN ACCORDANCE WITH THE ARBITRATION AND GOVERNING LAW PROVISIONS SET FORTH IN SECTION 19 BELOW.
ANY PLAN THAT YOU PURCHASE FOR OUR SERVICES IS SUBJECT TO AUTOMATIC RENEWAL, AS EXPLAINED IN SECTION 5.2.
THE DISRUPTIVE INC. reserves the right, at its sole discretion, to modify these Terms at any time and without prior notice. If we modify these Terms, we will either post a notification of the modification on our website or otherwise provide you with notice of the change. The date of the last modification will also be posted at the beginning of these Terms. It is your responsibility to check from time to time for updates. By continuing to access or use the Services, you are indicating that you agree to be bound by any modified Terms.
The Children’s Online Privacy Protection Act requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are under 13 years of age, you may not register or use our Services or send any personal information about yourself to us.
If you are 13 or older but under the age of 18, you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child who is 13 or older but under the age of 18, you are fully responsible for his or her use of the Services.
User Accounts; Termination
You may be required to sign up for an account, and select a password and user name (“User ID”), in order to access certain features of our Services. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not transfer your account to anyone else without our prior written permission. You may not select as your User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You are solely responsible for all activities that occur under your account and you agree to accept all risks of unauthorized access.
THE DISRUPTIVE INC. is also free to immediately terminate (or suspend access to) all or part of your use of the Services or your account without providing notice to you, for any reason in our discretion, including, without limitation to, your breach of these Terms. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
Service; Fee; Automatic Renewal
Description of Services
The Services are available in various packages (each, a “Plan”), the features and pricing of which are described on our website. We reserve the sole right to either modify or discontinue all or part of the Services and/or the Plans at any time with or without notice to you.
As part of our Services, we will access your Instagram account using the credentials you provide and we will take actions on your behalf, including “liking” or “following” other Instagram accounts. YOU HEREBY RELEASE THE DISRUPTIVE INC. FROM ANY CLAIMS INVOLVING OR ARISING OUT OF OUR ACTIONS ON YOUR INSTAGRAM ACCOUNT.
Automatic Renewal; Payment Terms
Your Plan will continue indefinitely until cancelled by you. After your initial purchase of a Plan, and again after every subsequent month under the Plan, your subscription will automatically renew for an additional month. Plan fees are billed at the beginning of each month in conjunction with the renewal of your plan. Some Plans may be free of charge for a limited period of time, as further explained on our website, but you will be charged for the Services when the free period ends in accordance with the selected Plan. If you do not wish your account to renew automatically, or if you want to change or terminate your Services, email firstname.lastname@example.org . If you cancel your Services, you may use your Services until the end of the paid-for month and your subscription will not be renewed thereafter.
We will not provide refunds or credits in the case of cancellations, downgrades, or when there are unused portions of Plans on an open account. For any Plan upgrade, the additional fee for the upgrade for the remainder of the current month will automatically be charged to your credit card at the time of the upgrade. All future recurring charges for the Services will follow the monthly billing cycle.
You agree to pay us the fees in the amounts and at the times specified in the selected Plan. 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. We may change our fees and payment policies for the Services and/or for any Plan by notifying you at least thirty (30) days before the beginning of the billing cycle in which such change will take effect.
Credit Card Information
By using a credit card or other payment method for one or more purchases through our Services, you represent and warrant that you are authorized to use the designated payment method and you authorize our third-party payment processor to charge your payment method for the total amount of your Plan fee (including any applicable taxes and other charges), as split into recurring monthly charges. If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Plan may be suspended or cancelled. You must resolve any problem our third-party payment processor encounters in order to proceed with your Plan. In the event you want to change or update payment information associated with your THE DISRUPTIVE INC. account, you can do so at any time by providing your updated information to our third party payment processor. You acknowledge that the amount billed may vary due to promotional offers, changes to your Plan or changes in applicable taxes or other charges, and you authorize our third-party payment processor to charge your payment method for the corresponding amount.
You agree that THE DISRUPTIVE INC. may contact you by email, telephone or text messages at any of the phone numbers provided by you or on your behalf in connection with a THE DISRUPTIVE INC. account, including for marketing purposes. If you sign up to receive communications from us via our email list, text message or telephone communications, we will provide you with the ability to decline – or “opt-out of” – receiving such communications. Instructions for opting-out will be provided if and when we determine to send you such a communication. Please understand that you will not be allowed to “opt–out” of formal notices concerning operation of the Services, and legal and other related notices concerning your relationship to the Services.
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, logos, sound files, videos, software, and so forth (all of the foregoing, the “Content”) are protected by copyright, trademark and/or other intellectual property laws.
You acknowledge that the Content, including all associated intellectual property rights, are the exclusive property of THE DISRUPTIVE INC. or our licensors.
Conditioned upon your compliance with these Terms, THE DISRUPTIVE INC. grants you a limited, non-exclusive, non-transferable license, to (i) access, view, and use the Services solely for your personal use and (ii) access and view any Content to which you are permitted access. You have no right to sublicense the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, transmit, broadcast or otherwise exploit the Services, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by THE DISRUPTIVE INC., our licensors, except for the licenses and rights expressly granted in these Terms.
By using the Services, THE DISRUPTIVE INC. may provide you with access to third party websites, information, and services, including but not limited to third party databases, networks, servers, software, programs, systems, directories, applications, or products. You hereby acknowledge that THE DISRUPTIVE INC. does not control such third-party websites and services, and cannot be held responsible for their content, operation, or use. THE DISRUPTIVE INC. does not give any representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality, or authenticity of content, information, or services provided by such third-party websites and services. THE DISRUPTIVE INC. disclaims any and all responsibility or liability for any harm resulting from your use of such third-party websites and services, and you hereby irrevocably waive any claim against THE DISRUPTIVE INC. with respect to the content or operation of any such third-party websites and services.
You may only use our Services for lawful activity, and it is your responsibility to comply with all applicable local, state, and federal laws and regulations. You represent, warrant, and agree that you will not use the Services or interact with the Services in a manner that:
• Attempts to indicate in any manner that you have a relationship with THE DISRUPTIVE INC. or that THE DISRUPTIVE INC. has endorsed you or any services for any purpose unless THE DISRUPTIVE INC. has provided written permission to do so;
• Infringes or violates the intellectual property rights or any other rights of anyone else (including THE DISRUPTIVE INC.);
• Is discriminatory, hateful, harmful, fraudulent, deceptive, threatening, harassing, abusive, defamatory, obscene, physically dangerous, or otherwise objectionable;
• Jeopardizes the security of your THE DISRUPTIVE INC. account or anyone else’s (such as allowing someone else to log in to the Services as you);
• Impersonates any person or entity, including any of our employees or representatives;
• Attempts, in any manner, to obtain the password, account, or other security information from any other user;
• Violates the security of any computer network, or cracks any passwords or security encryption codes;
• Sends any unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters or pyramid schemes, or harvest or collect the email addresses or other contact information of other users for the purpose of sending spam or other commercial messages;
• “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or the Content (through use of manual or automated means);
• Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
Disclaimer of Warranties
YOU HEREBY ACKNOWLEDGE THAT YOU ARE USING OUR SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS,” AND THE DISRUPTIVE INC., ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO, (A) ANY WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, (C) ANY WARRANTIES OF ACCURACY, RELIABILITY, AVAILABILITY OF DATA, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND (D) ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM.
As used in these Terms, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering the Services.
Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, PROFITS, OR GOODWILL ,WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OUR SERVICES OR PLANS OR OF ANY THIRD PARTY WEBSITE REFERENCED OR LINKED THEREIN.
IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF THE SERVICES EXCEED TWENTY U.S. DOLLARS.
Some states do not allow the exclusion or limitation of liability for certain damages. In such jurisdictions, the liability of THE DISRUPTIVE INC. and our Affiliates shall be limited to the maximum extent permitted by law.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of our Services arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, war, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at INFO@THE DISRUPTIVE.COM. We may broadcast notices or messages through our website to inform you of changes to the Services or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
Notice for California Users
Under California Civil Code Section 1789.3, California Users of our Services are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834-1924, or by telephone at (800) 952-5210
Upon termination, provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
The failure of THE DISRUPTIVE INC. to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
You may not assign or transfer these Terms, by operation of law or otherwise, without THE DISRUPTIVE INC.’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. THE DISRUPTIVE INC. may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Governing Law; Arbitration
These Terms are governed by and will be construed under the laws of the Commonwealth of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Los Angeles California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, in federal or state court. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in Los Angeles, California. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND THE DISRUPTIVE INC. ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.
These Terms constitute the entire agreement between you and THE DISRUPTIVE INC. regarding your use of the Services, and supersede all prior written or oral agreements, except that the terms of any Related Agreement shall control to the extent there is a conflict between these Terms and the terms of the Related Agreement.
If you have any questions about the Services, please do not hesitate to contact us at email@example.com