About these Terms
These terms are effective May 25th 2018; samdesk is a premium product designed to empower users to find and manage the best content on social networks. With great power comes great responsibility, especially in dealing with content made accessible by the amazing people of planet earth. Use all content found via samdesk with the utmost respect and give credit where credit is due. Below are the Terms in which which we make our service available to you the user.
Please read this Agreement carefully before accessing or using the Web Application. 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 the Web Application or use any services. If these terms and conditions are considered an offer by samdesk, acceptance is expressly limited to these terms. The Web Application is available only to individuals who are at least 13 years old.
Your samdesk Account
If you create an account on the Web Application, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify samdesk of any unauthorized uses of your account or any other breaches of security. samdesk 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 samdesk Account, curate user generated content, re-share user generated content, publish user generated content, or otherwise make (or allow any third party to make) material available by means of the Web Application (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, image, video, graphics or an audio file. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
Without limiting any of those representations or warranties, samdesk has the right (though not the obligation) to, in samdesk’s sole discretion (i) refuse or remove any content that, in samdesk’s reasonable opinion, violates any samdesk policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Web Application to any individual or entity for any reason, in samdesk’s sole discretion. samdesk will have no obligation to provide a refund of any amounts previously paid.
Payment and Renewal
- General Terms. By selecting a paid account you agree to pay samdesk the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for a paid account and will cover the use of that service for a monthly or annual subscription period as indicated. paid account fees are not refundable.
- Automatic Renewal. Unless you notify samdesk before the end of the applicable subscription period that you want to cancel a paid account, your paid account subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such paid account (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Paid accounts can be canceled at any time by emailing firstname.lastname@example.org.
Responsibility of Web Application Usage
Samdesk has not reviewed, and cannot review, all of the material curated via the Web Application, and cannot therefore be responsible for that material’s content, use or effects. By operating the Web Application, samdesk does not represent or imply that it endorses the material curated, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself of inaccurate, false, harmful or destructive content. The Web Application may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Web Application may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. samdesk disclaims any responsibility for any harm resulting from the use by users of the Web Application, or from any downloading by those visitors of content there posted.
Content Posted on Other Web Applications
We have not reviewed, and cannot review, all of the material, including computer software, made available through the Web Application it’s APIs, outputs, 3rd party integrations or data connectors that link to samdesk. samdesk does not have any control over those non-samdesk Web Applications, integrations and webpages, and is not responsible for their contents or their use. By linking to a non-samdesk Web Application, integration or webpage, samdesk does not represent or imply that it endorses such Web Application 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. samdesk disclaims any responsibility for any harm resulting from your use of non-samdesk Web Applications, integrations and webpages.
This Agreement does not transfer from samdesk to you any samdesk or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with samdesk. samdesk, the samdesk logo, and all other trademarks, service marks, graphics and logos used in connection with samdesk, or the Web Application are trademarks or registered trademarks of samdesk or samdesk’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Web Application may be the trademarks of other third parties. Your use of the Web Application grants you no right or license to reproduce or otherwise use any samdesk or third-party trademarks.
You grant samdesk the right to display your name and likeness in marketing materials to promote your publicly visible uses of the Web Application.
Samdesk reserves the right, at its 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 the Web Application following the posting of any changes to this Agreement constitutes acceptance of those changes. samdesk may also, in the future, offer new services and/or features through the Web Application (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.
If you breach any of these Terms of Service, samdesk may terminate your access to all or any part of the Web Application at any time, with or without notice, effective immediately. If you wish to terminate this Agreement or your samdesk account (if you have one), you may simply discontinue using the Web Application. 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 Web Application is provided “as is”. samdesk and its 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 samdesk nor its suppliers and licensors, makes any warranty that the Web Application 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, the Web Application at your own discretion and risk.
Limitation of Liability
In no event will samdesk, or its 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 for 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 samdesk under this agreement during the twelve (12) month period prior to the cause of action. samdesk 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 agree to indemnify and hold harmless samdesk, its contractors, and its 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 the Web Application, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between samdesk and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of samdesk, or by the posting by samdesk of a revised version.
Changes to these Terms
Questions or Comments?
If you have questions or comments about samdesk’s Terms of Service, please contact our Data Protection Officer by emailing email@example.com.