Legal & Privacy

DEEPMARKIT CORP. (“DEEPMARKIT”)

TERMS OF SERVICE AGREEMENT

UPDATED LAST ON JULY 3RD, 2016

1. FETCHBOT – WHAT DO WE DO?

WE PROVIDE A PLATFORM AND TOOLS THAT ALLOW USERS TO CREATE AND CUSTOMIZE PROMOTIONS IN ORDER TO ATTRACT, ENGAGE AND GROW THEIR CUSTOMER BASE AND SALES ACROSS MOBILE, SOCIAL AND ONLINE CHANNELS.

2. TERMS AND CONDITIONS

THIS WEBSITE, FETCHBOT.COM (COLLECTIVELY REFERRED TO AS “FETCHBOT” OR THE SITE) HEREIN, IS OWNED AND OPERATED BY DEEPMARKIT CORP. (“DEEPMARKIT”). THE PRODUCTS AND SERVICES DELIVERED THROUGH THE SITE ARE GENERALLY REFERRED TO AS FETCHBOT OR THE FETCHBOT PLATFORM. FETCHBOT, THE FETCHBOT PLATFORM AND DEEPMARKIT ARE USED INTERCHANGEABLY IN CONNECTION WITH THE OPERATION OF THE SITE AND THE ADMINISTRATION AND ENFORCEMENT OF THESE TERMS OF SERVICE.

BY USING FETCHBOT OR THE WEBSITE (COLLECTIVELY, “SERVICES”), YOU (AS THE ACCOUNT HOLDER) AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (“TERMS OF SERVICE” OR “AGREEMENT”). DEEPMARKIT RESERVES THE RIGHT TO UPDATE AND CHANGE THIS AGREEMENT FROM TIME TO TIME WITHOUT NOTICE. ANY NEW FEATURES THAT ADD TO OR ENHANCE THE CURRENT SERVICES, INCLUDING THE RELEASE OF NEW TOOLS, GAMES AND RESOURCES, SHALL BE SUBJECT TO THIS AGREEMENT. CONTINUED USE OF THE SERVICES AFTER ANY SUCH CHANGE(S) SHALL CONSTITUTE YOUR CONSENT TO SUCH CHANGES.

YOU CAN REVIEW THE MOST CURRENT VERSION OF THE TERMS OF SERVICE AT ANY TIME AT HTTP://FETCHBOT.COM/TERMS/

VIOLATION OF ANY OF THE TERMS AND CONDITIONS BELOW WILL RESULT IN THE TERMINATION OF YOUR ACCOUNT. WHILE DEEPMARKIT PROHIBITS CERTAIN CONDUCT WHILE USING THE SERVICES, YOU UNDERSTAND AND AGREE THAT DEEPMARKIT CANNOT BE RESPONSIBLE FOR CONTENT CREATED OR USED BY YOU OR OTHER USERS OF THE SERVICES (USER CONTENT). YOU AGREE TO USE THE SERVICES AT YOUR OWN RISK.

3. FEES AND PAYMENTS

(A) A VALID CREDIT CARD, PAY PAL ACCOUNT OR OTHER AUTHORIZED ACCOUNT FOR ONLINE PAYMENTS IS REQUIRED FOR THE PURCHASE OF FETCHBOT PROMOTIONS.

(B) ALL CHARGES 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 IN ADDITION TO YOUR PAYMENT FOR PROMOTION FEES. YOU AGREE THAT WE MAY ADD SUCH CHARGES TO YOUR CREDIT CARD OR PAYMENT ACCOUNT FOR PAYMENT AS PART OF YOUR USER FEES.

(C) DEEPMARKIT SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF ANY OF THE SERVICES. BY UTILIZING THE SERVICES YOU ACCEPT THE TERMS HEREIN AND AGREE TO WAIVE YOUR RIGHT TO FILE A CLAIM FOR LOSSES, DAMAGES, ETC. AGAINST DEEPMARKIT AND ITS AFFILIATES FOR ANY SUCH CHANGES.

4. GRANT OF A LIMITED LICENSE TO USE THE SERVICES

SUBJECT TO YOUR AGREEMENT AND CONTINUING COMPLIANCE WITH THIS AGREEMENT AND ANY OTHER RELEVANT DEEPMARKIT POLICIES, SUCH AS THE DEEPMARKIT PRIVACY POLICY (INCORPORATED BY REFERENCE), DEEPMARKIT GRANTS YOU A NON-EXCLUSIVE, NON-TRANSFERABLE, REVOCABLE, NON-SUBLICENSABLE LICENSE AND RIGHT TO USE THE SERVICES IN ACCORDANCE AND COMPLIANCE WITH THESE TERMS OF SERVICE.

YOU ACKNOWLEDGE THAT IN PROVIDING THE SERVICES, DEEPMARKIT USES DOCUMENTS, SOFTWARE AND OTHER TECHNOLOGY, HARDWARE, PRODUCTS, PROCESSES, ALGORITHMS, USER INTERFACES, KNOW-HOW AND OTHER TRADE SECRETS (COLLECTIVELY THE DEEPMARKIT TECHNOLOGY) AND THAT THE DEEPMARKIT TECHNOLOGY IS COVERED BY INTELLECTUAL PROPERTY RIGHTS OWNED OR LICENSED BY DEEPMARKIT. OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NO LICENSE OR OTHER RIGHTS IN THE DEEPMARKIT TECHNOLOGY ARE GRANTED TO YOU, AND ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU ARE EXPRESSLY RESERVED. YOU AGREE NOT TO MODIFY, CREATE DERIVATIVE WORKS OF, TRANSLATE, REVERSE ENGINEER, DECOMPILE, DISASSEMBLE THE SERVICES OR OTHERWISE RECREATE OR GAIN ACCESS TO THE SOURCE CODE OF THE SERVICES.

YOU FURTHER AGREE NOT TO (I) LICENSE, SUBLICENSE, TRANSFER, ASSIGN, DISTRIBUTE, OR OTHERWISE COMMERCIALLY EXPLOIT THE SERVICES; OR (II) ACCESS THE SERVICES IN ORDER TO (A) BUILD A COMPETITIVE PRODUCT OR SERVICE, (B) BUILD A PRODUCT USING SIMILAR IDEAS, FEATURES, FUNCTIONS OR GRAPHICS OR (C) COPY ANY IDEAS, FEATURES FUNCTIONS, GAME MECHANICS OR GRAPHICS OF THE SERVICES.

5. CANCELLATION AND TERMINATION

(A) YOU CAN CANCEL YOUR ACCOUNT AT ANY TIME.

(B) DEEPMARKIT, IN ITS SOLE DISCRETION, HAS THE RIGHT TO SUSPEND OR TERMINATE YOUR ACCOUNT AND REFUSE ANY AND ALL CURRENT OR FUTURE USE OF THE SERVICES, OR ANY OTHER DEEPMARKIT SERVICES, FOR ANY REASON AT ANY TIME. SUCH TERMINATION OF SERVICES WILL RESULT IN THE DEACTIVATION OR DELETION OF YOUR ACCOUNT WITH NO REFUND, THE TERMINATION OF YOUR ACCESS TO YOUR ACCOUNT, AND THE FORFEITURE AND RELINQUISHMENT OF ALL USER CONTENT IN YOUR ACCOUNT. DEEPMARKIT RESERVES THE RIGHT TO REFUSE TO PROVIDE ANY OF THE SERVICES TO ANYONE FOR ANY REASON AT ANY TIME.

6. COPYRIGHT AND CONTENT OWNERSHIP

(A) ALL USER CONTENT POSTED ON THE SERVICES MUST COMPLY WITH COPYRIGHT LAW. YOU ARE RESPONSIBLE FOR ADHERING TO OUR COPYRIGHT INFRINGEMENT NOTIFICATION PROCESS LOCATED IN SECTION 7 BELOW.

(B) WE CLAIM NO INTELLECTUAL PROPERTY RIGHTS OVER THE MATERIAL OR CONTENT YOU SUBMIT, POST OR DISPLAY, ON OR THROUGH THE SERVICES. YOUR ACCOUNT INFORMATION AND THE MATERIALS OR CONTENT YOU UPLOAD WHILE USING THE SERVICES REMAIN YOURS. BY USING OUR SERVICES TO OFFER A PROMOTION OR RELATED ADVERTISEMENT ONLINE, AND AGREEING TO THESE TERMS OF SERVICE, YOU GRANT DEEPMARKIT THE NON-EXCLUSIVE RIGHT AND LICENSE TO USE CAPTURED IMAGES AND OTHER DATA, INCLUDING BUT NOT LIMITED TO LOGOS AND BUSINESS NAMES, FROM YOUR PAGE OR ADVERTISEMENT FOR PROMOTIONAL OR MARKETING PURPOSES. IF YOU HAVE LAUNCHED A FETCHBOT CAMPAIGN, YOU ALSO GRANT DEEPMARKIT THE RIGHT TO USE YOUR COMPANY LOGO FOR THE SAME MARKETING PURPOSES, EVEN WHEN YOU HAVE ONLY SUBMITTED YOUR COMPANY NAME AND NOT THE LOGO. BY GRANTING THIS RIGHT YOU AGREE THAT DEEPMARKIT AND ITS AFFILIATES HAVE A LICENSE TO USE THIS MATERIAL OR CONTENT FOR THE SOLE PURPOSE SET FORTH IN THIS SECTION. IN ADDITION, BY ALLOWING ELEMENTS OF YOUR PROMOTION TO BE SHARED PUBLICLY, YOU AGREE TO ALLOW OTHERS TO VIEW AND SHARE YOUR USER CONTENT.

(C) DEEPMARKIT DOES NOT PRE-SCREEN USER CONTENT, BUT DEEPMARKIT AND ITS DESIGNEE(S) HAVE THE RIGHT (BUT NOT THE OBLIGATION) IN THEIR SOLE DISCRETION TO REFUSE OR REMOVE ANY USER CONTENT THAT IS AVAILABLE VIA THE SERVICES.

(D) UNLESS WRITTEN PERMISSION IS PROVIDED BY DEEPMARKIT, NOTHING IN THIS AGREEMENT GIVES YOU A RIGHT TO USE ANY OF DEEPMARKIT OR FETCHBOT TRADE NAMES, TRADEMARKS, SERVICES MARKS, LOGOS, DOMAIN NAMES, OR OTHER DISTINCTIVE BRAND NAMES.

(E) DEEPMARKIT IS THE COPYRIGHT OWNER OF ALL CONTENT ON THE WWW.FETCHBOT.COM SITE AND/OR ANY OF THE DOMAIN NAMES THAT ARE REGISTERED BY DEEPMARKIT CORP. ALL RIGHTS RESERVED. YOU MAY NOT DUPLICATE, COPY, OR REUSE ANY PORTION OF THE HTML/CSS OR VISUAL DESIGN ELEMENTS OF THE WWW.FETCHBOT.COM AND/OR ANY OF DOMAIN NAMES THAT ARE REGISTERED BY DEEPMARKIT CORP. WITHOUT EXPRESS WRITTEN PERMISSION FROM DEEPMARKIT.

7. NOTIFICATION OF COPYRIGHT INFRINGEMENT CLAIMS

DEEPMARKIT WILL PROCESS AND INVESTIGATE PROPER NOTICES OF ALLEGED COPYRIGHT OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT RELATED TO MATERIAL ON ITS WEBSITES OR SERVERS AND WILL RESPOND APPROPRIATELY. WHERE APPROPRIATE, AND REGARDLESS OF THE MERITS OF THE ALLEGED INFRINGEMENT, OUR RESPONSE MAY INCLUDE REMOVING OR DISABLING ACCESS TO MATERIAL CLAIMED TO BE THE SUBJECT OF INFRINGING ACTIVITY. IF WE REMOVE OR DISABLE ACCESS IN RESPONSE TO SUCH A NOTICE, WE MAY NOTIFY THE OWNER OR ADMINISTRATOR OF THE AFFECTED SITE OR CONTENT SO THAT HE OR SHE CAN MAKE A COUNTER NOTIFICATION. DEEPMARKIT WILL, FOLLOWING APPROPRIATE INVESTIGATION, TERMINATE OR DISABLE ACCESS BY REPEAT INFRINGERS.

MISREPRESENTATIONS MADE IN YOUR NOTICE REGARDING WHETHER MATERIAL OR ACTIVITY IS INFRINGING MAY EXPOSE YOU TO LIABILITY FOR DAMAGES (INCLUDING COSTS AND ATTORNEYS’ FEES). ACCORDINGLY, IF YOU ARE NOT SURE WHETHER MATERIAL AVAILABLE ONLINE INFRINGES YOUR COPYRIGHT, WE SUGGEST THAT YOU FIRST CONTACT AN ATTORNEY.

TO CONTACT DEEPMARKIT REGARDING A COPYRIGHT ISSUE:

BY EMAIL:
ABUSE@FETCHBOT.COM

BY MAIL:
DEEPMARKIT CORP., 202, 615 – 15TH AVENUE SW
CALGARY, ALBERTA, CANADA, T2R 0R4.

8. DEEPMARKIT PRIVACY POLICY

THIS PRIVACY POLICY (POLICY) IS INCORPORATED BY REFERENCE INTO THE DEEPMARKIT TERMS OF SERVICE. IT DESCRIBES WHAT TYPES OF INFORMATION WE COLLECT AND WHAT WE DO WITH IT. PLEASE SEE HTTP://FETCHBOT.COM/PRIVACY-POLICY/ FOR MORE DETAILS.

ANY QUESTIONS ABOUT THIS PRIVACY POLICY SHOULD BE ADDRESSED TO:

EMAIL:
SUPPORT@FETCHBOT.COM

BY MAIL AT:
DEEPMARKIT CORP., 202, 615 – 15TH AVENUE SW
CALGARY, ALBERTA, CANADA, T2R 0R4.

9. TYPES OF INFORMATION WE COLLECT AND WHAT WE DO WITH IT

WHEN YOU REGISTER FOR THE SERVICES WE ASK FOR INFORMATION SUCH AS YOUR NAME, COMPANY NAME, EMAIL ADDRESS, BILLING ADDRESS, PAYPAL ACCOUNT, CREDIT CARD OR OTHER PAYMENT ACCOUNT INFORMATION.

WE CAPTURE YOUR COMPANY NAME AND LOGO FOR MARKETING PURPOSES.
WE COLLECT THE E-MAIL ADDRESSES OF THOSE WHO COMMUNICATE WITH US VIA E-MAIL, AGGREGATE INFORMATION ON WHAT PAGES VISITORS TO OUR WEB SITE(S) ACCESS OR VIEW, AND INFORMATION VOLUNTARILY PROVIDED TO US (SUCH AS SURVEY INFORMATION AND/OR ACCOUNT REGISTRATION INFORMATION).

THE INFORMATION WE COLLECT IS USED TO IMPROVE THE CONTENT OF OUR SITE AND THE QUALITY OF OUR SERVICES, AND IS NOT SHARED OR SOLD TO THIRD PARTIES FOR COMMERCIAL PURPOSES, EXCEPT TO PROVIDE PRODUCTS OR SERVICES YOU’VE REQUESTED, WHEN WE HAVE YOUR PERMISSION, OR UNDER THE FOLLOWING CIRCUMSTANCES;

IT IS NECESSARY TO SHARE INFORMATION IN ORDER TO INVESTIGATE, PREVENT, OR TAKE ACTION REGARDING ILLEGAL ACTIVITIES, SUSPECTED FRAUD, SITUATIONS INVOLVING POTENTIAL THREATS TO THE PHYSICAL SAFETY OF ANY PERSON, VIOLATIONS OF TERMS OF SERVICE, OR AS OTHERWISE REQUIRED BY LAW.

WHEN A CUSTOMER ENTERS A PROMOTION OR INTERACTS WITH A SOCIAL APPLICATION AND AGREES TO ALLOW DEEPMARKIT TO ACCESS THEIR 3RD PARTY APPLICATION INFORMATION, DEEPMARKIT COLLECTS THIS DATA AND PRESENTS IT TO THE RESPECTIVE ACCOUNT HOLDERS IN THE FORM OF ANALYTICS WHICH THE RESPECTIVE ACCOUNT HOLDER CAN USE TO REMARKET OR EMAIL TO THEIR CUSTOMERS.

IN THE EVENT OF MERGER, ACQUISITION, OR NAME CHANGE DEEPMARKIT RESERVES THE RIGHT TO ASSIGN THE TERMS OF THIS AGREEMENT TO SUCH NEW PARTY. DEEPMARKIT MAY PROVIDE YOU WITH NOTICE OF SUCH ASSIGNMENT VIA THE EMAIL ADDRESS PROVIDED IN YOUR ACCOUNT INFORMATION. YOU MAY NOT ASSIGN THIS AGREEMENT WITHOUT THE WRITTEN PERMISSION OF DEEPMARKIT.

10. COOKIES

WE MAY USE COOKIE TECHNOLOGY TO TRACK OR RECORD INFORMATION ABOUT OUR WEBSITE VISITORS. A COOKIE IS A SMALL AMOUNT OF DATA, WHICH OFTEN INCLUDES AN ANONYMOUS UNIQUE IDENTIFIER, WHICH IS SENT TO YOUR BROWSER FROM A WEBSITE’S COMPUTERS AND STORED ON YOUR COMPUTER’S HARD DRIVE. WE REQUIRE THE USE OF COOKIE TECHNOLOGY SO THAT WE CAN PRESENT THE CORRECT INFORMATION TO USERS AS THEY MOVE FROM ONE SCREEN TO ANOTHER.

WE MAY USE COOKIES TO RECORD CURRENT SESSION INFORMATION, BUT THEY ARE NOT USED TO RECORD PERSONAL INFORMATION, OR TO ASSOCIATE PERSONAL INFORMATION WITH THE USE OF OUR SERVICES. IF YOU DISABLE YOUR WEB BROWSERS ABILITY TO ACCEPT COOKIES YOU WILL BE ABLE TO BROWSE THE WEB SITE BUT YOU WILL NOT BE ABLE TO SUCCESSFULLY USE OUR SERVICES.

11. DATA STORAGE

DEEPMARKIT USES THIRD PARTY VENDORS AND HOSTING PARTNERS TO PROVIDE THE NECESSARY HARDWARE, SOFTWARE, NETWORKING, STORAGE, AND RELATED TECHNOLOGY REQUIRED TO RUN FETCHBOT. ALTHOUGH DEEPMARKIT OWNS THE CODE, DATABASES, AND ALL RIGHTS TO THE FETCHBOT APPLICATION, YOU RETAIN ALL RIGHTS TO YOUR PERSONAL INFORMATION.

12. DISCLOSURE

DEEPMARKIT MAY DISCLOSE YOUR PERSONAL INFORMATION UNDER SPECIAL CIRCUMSTANCES, SUCH AS TO COMPLY WITH SUBPOENAS OR IF YOUR ACTIONS VIOLATE THE TERMS OF SERVICE.

13. CHANGES

WE MAY USE CUSTOMER AND ACCOUNT HOLDER DATA FOR NEW, UNANTICIPATED USES NOT PREVIOUSLY DISCLOSED IN OUR PRIVACY NOTICE. WE MAY PERIODICALLY UPDATE THIS POLICY FROM TIME TO TIME. TO KEEP UP-TO-DATE WITH DEEPMARKIT’S POLICY, PLEASE CHECK ITS PRIVACY POLICY PAGE PERIODICALLY. UPON REQUEST WE MAY PROVIDE SITE VISITORS WITH ACCESS TO INFORMATION THAT WE HAVE COLLECTED AND THAT WE MAINTAIN ABOUT THEM. UPON REQUEST WE OFFER VISITORS THE ABILITY TO HAVE INACCURACIES CORRECTED IN CONTACT INFORMATION. YOU CAN HAVE THIS INFORMATION CORRECTED BY CONTACTING DEEPMARKIT. YOU CAN ELECT TO OPT OUT AT ANY TIME.

14. ASSIGNMENT

THE RIGHTS WHICH ACCRUE TO DEEPMARKIT UNDER THIS AGREEMENT SHALL PASS TO ITS SUCCESSORS OR ASSIGNS. YOUR RIGHTS HEREUNDER CANNOT BE ASSIGNED.

15. TERMINATION OF AGREEMENT

YOU AND DEEPMARKIT MAY TERMINATE THESE TERMS OF SERVICE AND YOUR USE OF THE FETCHBOT PRODUCT AND SERVICES AT ANY TIME. IF YOU TERMINATE YOUR USE OF THE DEEPMARKIT SERVICES, AND IF APPLICABLE, YOU MUST PAY THE FEES APPLICABLE FOR ANY THEN CURRENT SCHEDULED PROMOTION. WHEN YOUR DEEPMARKIT ACCOUNT IS TERMINATED, YOUR USER CONTENT WILL, SHORTLY THEREAFTER, NOT APPEAR ON THE DEEPMARKIT SERVICES, EXCEPT FOR USER CONTENT SUBMITTED TO OUR BLOG, WHICH MAY REMAIN ON THE SITE AFTER TERMINATION. YOU ACKNOWLEDGE AND AGREE THAT DEEPMARKIT HAS NO OBLIGATION TO MIGRATE OR PROVIDE ASSISTANCE IN MIGRATION OF ANY DATA FROM FETCHBOT. NOTWITHSTANDING THE FOREGOING, DEEPMARKIT SUPPORT MAY HELP USERS WITH THE TRANSFER OF ANY STORED DATA UPON REQUEST.

16. USE OF DEEPMARKIT PRODUCT AND SERVICES

BY USING ANY INTERACTIVE AREAS, YOU EXPRESSLY AGREE:
(1) NOT TO POST, UPLOAD TO, TRANSMIT, DISTRIBUTE, STORE, CREATE, OR OTHERWISE PUBLISH THROUGH THE SERVICES ANY OF THE FOLLOWING:

• CONTENT THAT, IN THE SOLE JUDGMENT OF DEEPMARKIT, IS OBJECTIONABLE OR WHICH RESTRICTS OR INHIBITS ANY OTHER PERSON FROM USING OR ENJOYING THE INTERACTIVE AREAS OR THE SERVICES, OR WHICH MAY EXPOSE DEEPMARKIT OR ITS AFFILIATES OR ITS USERS TO ANY HARM OR LIABILITY OF ANY TYPE.

• ANY MESSAGE, DATA, OR OTHER MATERIAL THAT IS UNLAWFUL, LIBELOUS, DEFAMATORY, OBSCENE, PORNOGRAPHIC, INDECENT, LEWD, SUGGESTIVE, HARASSING, THREATENING, INVASIVE OF PRIVACY OR PUBLICITY RIGHTS, ABUSIVE, INFLAMMATORY, FRAUDULENT, OR OTHERWISE OBJECTIONABLE.

• CONTENT THAT WOULD CONSTITUTE, ENCOURAGE OR PROVIDE INSTRUCTIONS FOR A CRIMINAL OFFENSE, VIOLATE THE RIGHTS OF ANY PARTY, OR THAT WOULD OTHERWISE CREATE LIABILITY OR VIOLATE ANY LOCAL, PROVINCIAL, STATE, NATIONAL, OR INTERNATIONAL LAW.

• CONTENT THAT MAY INFRINGE ANY PATENT, TRADEMARK, TRADE SECRET, COPYRIGHT, OR OTHER INTELLECTUAL OR PROPRIETARY RIGHT OF ANY PARTY.

(2) AND:

• THAT DEEPMARKIT IS NOT RESPONSIBLE OR LIABLE FOR THE FAILURE OF ANY OF YOUR CUSTOMERS (OR ANY THIRD-PARTY) TO COMPLY WITH THE RULES, TERMS, CONDITIONS, POLICIES, AND APPLICABLE LAWS, RULES, OR REGULATIONS GOVERNING ANY PROMOTION.

• THAT DEEPMARKIT DOES NOT SPONSOR, ADMINISTER, OR ENDORSE, AND IS THEREFORE NOT LIABLE FOR, THE CONTENT OF ANY PROMOTION, PRODUCT DATA, OR MEDIA DISTRIBUTED THROUGH THE SITE.

• THAT DEEPMARKIT IS NOT RESPONSIBLE OR LIABLE FOR YOUR CUSTOMERS’ USE OR DISTRIBUTION OF INFORMATION YOU PROVIDE.

• THAT DEEPMARKIT MERELY FACILITATES THE DISTRIBUTION OF PROMOTIONS, PRODUCT DATA, AND MEDIA AND UNDERSTAND THAT THE SITE PROVIDES NO SAFEGUARDS ENSURING THAT YOUR PROMOTIONS AND MEDIA COMPLY WITH ANY LAW, RULE, REGULATION, OR POLICY.

• THAT YOU ARE RESPONSIBLE FOR ENSURING THAT YOUR PROMOTION, PRODUCT DATA, OR MEDIA COMPLIES WITH ANY APPLICABLE LAW, RULE, OR REGULATION AND AGREE TO COMPLY WITH ALL STATEMENTS AND PROMISES MADE TO YOUR CUSTOMERS.

• THAT YOU WILL INDEMNIFY, DEFEND, AND HOLD HARMLESS DEEPMARKIT AND ITS AFFILIATES, AND SUBSIDIARIES; AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, REPRESENTATIVES, PROFESSIONAL ADVISORS, AND CONTRACTORS FROM ANY AND ALL CLAIMS, LOSSES, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING ATTORNEYS’ FEES AND COSTS) ARISING FROM YOUR USE OF THE SERVICES. YOUR INDEMNIFICATION INCLUDES, WITHOUT LIMITATION, ALL CLAIMS RELATED TO THE POSTING OR REMOVAL OF CONTENT, USER CONTENT, OR ENTRIES TO OR FROM THE SITE AND ALL ACTIVITIES RELATED TO ANY PROMOTION YOU OFFER USING THE SERVICES. DEEPMARKIT WILL NOTIFY YOU PROMPTLY OF ANY SUCH CLAIM, LOSS, LIABILITY, OR DEMAND, AND WILL PROVIDE YOU WITH REASONABLE ASSISTANCE, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, LOSS, LIABILITY, DAMAGE, OR COST.

17. LEGAL COMPLIANCE

YOU ACKNOWLEDGE THAT PROMOTIONS OF ANY TYPE ARE SUBJECT TO A HOST OF FEDERAL, PROVINCIAL AND STATE LAWS, RULES AND REGULATIONS WHICH ARE YOUR RESPONSIBILITY TO COMPLY WITH. YOU ACKNOWLEDGE THAT WE DO NOT PROVIDE ANY KIND OF LEGAL ADVICE ABOUT YOUR SPECIFIC PROMOTION EVEN THOUGH WE HAVE ENDEAVORED TO MAKE THE FETCHBOT PLATFORM AS FLEXIBLE AS POSSIBLE TO ALLOW YOU TO COMPLY WITH THE LEGAL REQUIREMENTS WHICH MAY AFFECT YOUR PROMOTION. YOU ACKNOWLEDGE OUR SPECIFIC ENCOURAGEMENT THAT YOU OBTAIN SPECIFIC LEGAL ADVICE WHERE YOU ARE UNCERTAIN AS TO THE LEGAL COMPLIANCE OF ANY PART OF YOUR PROMOTION.

18. PROVIDING A RELIABLE AND SECURE SERVICE

DEEPMARKIT STRIVES TO OFFER AND MAINTAIN A RELIABLE AND SECURE ENVIRONMENT FOR YOUR DATA. THE INTERNET IS AN INHERENTLY INSECURE MEDIUM, AND THE RELIABILITY OF HOSTING SERVICES CANNOT BE ASSURED. WHEN YOU USE THE DEEPMARKIT SERVICES, YOU ACCEPT THESE RISKS, AND THE RESPONSIBILITY FOR CHOOSING TO USE A TECHNOLOGY THAT DOES NOT PROVIDE PERFECT SECURITY OR RELIABILITY. IN PARTICULAR, ACCOUNT HOLDERS WHO CHOOSE TO PROVIDE PAYMENT INFORMATION ON THE SITE ACCEPT THESE RISKS TO THE SECURITY OF THAT PAYMENT INFORMATION. ULTIMATELY, CREDIT CARD OR OTHER PAYMENT ACCOUNT DATA IS PROVIDED BY ACCOUNT HOLDERS AND ACCOUNT HOLDERS ARE RESPONSIBLE FOR ITS PROTECTION.

19. LINKS TO THIRD PARTY PRODUCT AND SERVICES

THE DEEPMARKIT SERVICES MAY CONTAINSLINKS TO THIRD-PARTY WEB SITES (“THIRD-PARTY DEEPMARKIT PRODUCT AND SERVICES”) AND THIRD-PARTY CONTENT (“THIRD-PARTY CONTENT”) AS A SERVICE TO THOSE INTERESTED IN THIS INFORMATION. THIRD-PARTY PRODUCT AND SERVICES INCLUDE SOCIAL NETWORK PLATFORMS, SUBSCRIBER AND SPONSOR SITES, PAYMENT PROCESSORS AND OTHER PAYMENT INTERMEDIARIES THAT YOU MAY USE IN CONNECTION WITH YOUR USE OF THE DEEPMARKIT PRODUCT AND SERVICES. YOU USE LINKS TO THIRD-PARTY DEEPMARKIT PRODUCT AND SERVICES, AND ANY THIRD-PARTY CONTENT OR SERVICE PROVIDED THERE AT YOUR OWN RISK. DEEPMARKIT DOES NOT MONITOR OR HAVE ANY CONTROL OVER, AND MAKES NO CLAIM OR REPRESENTATION REGARDING, THIRD-PARTY CONTENT OR THIRD-PARTY PRODUCT AND SERVICES.

20. WARRANTY DISCLAIMER

DEEPMARKIT TECHNOLOGIES, PRODUCTS AND SERVICES AND THE CONTENT PROVIDED BY ALL SITES OWNED BY DEEPMARKIT ARE PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTIES FROM DEEPMARKIT OF ANY KIND, EITHER EXPRESS OR IMPLIED.

21. LIMITATION OF LIABILITY; INDEMNITY

YOU WAIVE AND SHALL NOT ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST DEEPMARKIT, ITS AFFILIATES OR SUBSIDIARIES, THEIR SPONSORS, CONTRACTORS, ADVERTISERS, VENDORS OR OTHER PARTNERS, ANY OF THEIR SUCCESSORS OR ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, OR EMPLOYEES (COLLECTIVELY, THE “RELEASED PARTIES”) ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE DEEPMARKIT PRODUCT AND SERVICES OR YOUR CONDUCT OF ANY PROMOTION USING SUCH SERVICES.

22. APPLICABLE LAWS

THIS AGREEMENT SHALL BE GOVERNED, CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE PROVINCE OF ALBERTA, CANADA. EACH PARTY AGREES THAT ANY LEGAL ACTION, PROCEEDING, CONTROVERSY OR CLAIM BETWEEN THE PARTIES ARISING OUT OF OR RELATING TO THIS AGREEMENT MAY BE BROUGHT AND PROSECUTED ONLY IN A COURT OF LAW IN THE PROVINCE OF ALBERTA, JUDICIAL DISTRICT OF CALGARY, CANADA, AND BY EXECUTION OF THIS AGREEMENT EACH PARTY HERETO SUBMITS TO THE EXCLUSIVE JURISDICTION OF SUCH COURT AND WAIVES ANY OBJECTION IT MIGHT HAVE BASED UPON IMPROPER VENUE OR INCONVENIENT FORUM.

23. PROHIBITED USAGE

YOU MAY NOT:

• SEND ANY EMAILS THAT VIOLATE CAN-SPAM LAWS
• SEND ANY EMAILS FROM CANADA OR TO CANADIAN RESIDENTS THAT VIOLATE CASL LAWS
• SEND SPAM. BY “SPAM,” WE MEAN THE DEFINITION ON THE SPAMHAUS WEBSITE. IN SHORT, SPAM IS “UNSOLICITED BULK EMAIL”.

YOU ARE SOLELY RESPONSIBLE FOR THE ACTIVITY THAT OCCURS ON YOUR ACCOUNT.
YOU SPECIFICALLY ACKNOWLEDGE THAT DEEPMARKIT SHALL NOT BE LIABLE FOR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
BY USING FETCHBOT, YOU REPRESENT AND WARRANT THAT YOU MEET ALL THE REQUIREMENTS LISTED ABOVE, AND THAT YOU WON’T USE FETCHBOT IN A WAY THAT VIOLATES ANY LAWS OR REGULATIONS. DEEPMARKIT MAY REFUSE SERVICE, CLOSE ACCOUNTS OF ANY USERS, AND CHANGE ELIGIBILITY REQUIREMENTS AT ANY TIME.

WE WON’T BE HELD LIABLE FOR ANY DELAYS OR FAILURE IN PERFORMANCE OF ANY PART OF THE SERVICE, FROM ANY CAUSE BEYOND OUR CONTROL. THIS INCLUDES, BUT IS NOT LIMITED TO, ACTS OF GOD, CHANGES TO LAW OR REGULATIONS, EMBARGOES, WAR, TERRORIST ACTS, RIOTS, FIRES, EARTHQUAKES, NUCLEAR ACCIDENTS, FLOODS, STRIKES, POWER BLACKOUTS, VOLCANIC ACTION, UNUSUALLY SEVERE WEATHER CONDITIONS, AND ACTS OF HACKERS OR THIRD-PARTY INTERNET SERVICE PROVIDERS.