Devology 'Social Scheduler' - Terms of Service

Thank you for taking the time to read our 'terms of service'. If you have any questions about the agreement, please feel free to contact us via email: info@socialscheduler.co.uk.
Thanks very much!

Terms of service created: 17/02/2015
Latest update: 17/02/2015
By: Devology Team

Additional Policies: Privacy Policy.

The following terms and conditions govern all use of the ‘Social Scheduler’ website/web-application and all content, services and products available at or through the website/web-application, including, but not limited to, ‘Social Scheduler’ free and paid services, (taken together, the Website). The Website is owned and operated by Devology Ltd (“Devology”).

The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Devology's Privacy Policy) and procedures that may be published from time to time on this Site by Devology (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, 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 website or use any services.

Privacy Statement

We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Any identified offences and unauthorized actions against Devology’s computer systems and data will be investigated and passed onto local authorities to prosecute/or to take civil proceedings to recover damages against those responsible.

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products. 
By creating an account, you will automatically be enrolled into the Company newsletter.

Your Account

You are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign keywords to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Devology may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Devology liability. You must immediately notify Devology of any unauthorized uses of your account or any other breaches of security. Devology 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.

If you comment on an account, post material or links to a social network via the website, or otherwise make (or allow any third party to make) material available by means of the website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, video, an audio file, or computer software. 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;
  • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • 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;
  • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
  • your account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other accounts and websites, and similar unsolicited promotional methods;
  • your account is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your account’s URL or name is not the name of a person other than yourself or company other than your own; and
  • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Devology or otherwise.

Without limiting any of those representations or warranties, Devology has the right (though not the obligation) to, in Devology's sole discretion (i) refuse or remove any content that, in Devology's reasonable opinion, violates any Devology's policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Devology's sole discretion. Devology will have no obligation to provide a refund of any amounts previously paid.

Payment and Renewal

General Terms

By selecting an Upgrade you agree to pay Devology the one time, monthly, or annual subscription fees indicated for that service. Payments may be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.

Automatic Renewal

Unless you notify Devology before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorise us to collect the then-applicable annual or monthly subscription fee (as well as any taxes) using any credit card or other payment mechanism we have on record. Upgrades can be canceled at any time in the payment section.

User Feedback

Except for Posted Information or personal information, if you transmit to or otherwise provide to Devology any feedback (such as questions, comments, suggestions, or the like) or data or materials ("User Feedback"), such User Feedback shall be deemed to be non-confidential and non-proprietary. Devology shall have no obligation of any kind with respect to such User Feedback and shall be free to reproduce, use, disclose, modify, display and distribute the User Feedback to others without limitation. By transmitting such User Feedback to Devology you are deemed to grant to Devology a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license (with rights to sublicense) to use any ideas, concepts, know-how or techniques contained in such User Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such User Feedback. You are prohibited from transmitting to the Service any unsolicited chain letters or "spam", or any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic material, or other material that would violate any applicable law or regulation, including but not limited to any federal or state laws or regulations governing equal employment opportunities. However, if such communications do occur, Devology will have no liability related to the content of any such communications.

Responsibility of Website Users

Devology has not reviewed, and cannot review, all of the material, including computer software, posted to the website, and cannot therefore be responsible for that material’s content, use or effects. By operating the website, Devology does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The website 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. Devology disclaims any responsibility for any harm resulting from the use by visitors of the website, or from any downloading by those visitors of content there posted.

Intellectual Property

This Agreement does not transfer from Devology to you any Devology or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Devology, ‘Social Scheduler’, the Devology logo, and all other trademarks, service marks, graphics and logos used in connection with Devology or the website are copyrighted and/or trademarks of Devology or Devology's licensors. Other trademarks, service marks, graphics and logos used in connection with the website may be the trademarks of other third parties. Your use of the website grants you no right or license to reproduce or otherwise use any Devology or third-party trademarks.

Changes

Devology 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 website following the posting of any changes to this Agreement constitutes acceptance of those changes. Devology may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

Devology may terminate your access to all or any part of the website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your ‘Social Scheduler’ account (if you have one), you must delete your account in the Payment section. 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 website is provided “as is”. Devology 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 Devology nor its suppliers and licensors, makes any warranty that the website 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 website at your own discretion and risk.

Limitation of Liability

In no event will Devology 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; (iv) any costs or fees related to third party services managed on behalf of users, violation of the terms of third party services, or failures of third party services; or (v) for any amounts that exceed the fees paid by you to Devology under this agreement during the twelve (12) month period prior to the cause of action. Devology shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

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

Indemnification

You agree to indemnify and hold harmless Devology 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 website, including but not limited to your violation of this Agreement.

Miscellaneous

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



Communication

We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers. 
 This company is registered in England and Wales, Number 9214226, registered office Knights Accountants, Theaklen Drive, St Leonards, TN38 9AZ.