By using our Self-Serve Services, you confirm that:
A. You will only use our Self-Serve Services for business and professional reasons;
B. You are at least 18 years old or otherwise able to enter into a legally binding agreement;
C. You accept and will comply with this Agreement;
D. If you are using our Self-Serve Services as a representative of an organization, you have the power to enter into legally binding agreements for the organization; and
E. You are responsible for anyone that uses our Self-Serve Services through your account, such as your employees, consultants or contractors (“Authorized Users”).
Wilmette Media Terminology
1. We use capitalization for terms that have a special meaning in this Agreement. While some terms are defined elsewhere, this section sets out the definitions of some key terms.
“Content” is a generic term that means all information and data (such as text, images, photos, videos, audio and documents) in any format that is uploaded to, downloaded from or appears on our Services.
“Customer Content” is Content that you or your Authorized Users provide to us, or upload to our Services.
“Mentions” are the Content that a third party (in other words, someone other than you, your Authorized Users or Hootsuite) creates and that we obtain on your behalf and at your instruction from Social Networks or other Third-Party Services that you connect to our Services. For example, posts created by your followers that appear on your Facebook page would be considered Mentions.
“Services” means our mobile applications, and any services that you access or purchase through our mobile applications, but do not include Third-Party Services (see below for how we define those) that you access or use in connection with our services.
“Third-Party Services” are services that are not provided by Wilmette Media but that you may access or use in connection with our Services. They include the “Social Networks”, which are the social networking sites supported by our Services (such as Twitter, Facebook, LinkedIn and Instagram).
“you”, “your”, “Customer”, and similar terms mean the person or legal entity accessing or using the Services. For the avoidance of doubt, if you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, “you”, “your” or “Customer” means the company or other legal entity that you are using the Services on behalf of.
Wilmette Media Services
2. Subject to the rest of this Agreement, we will allow you and your Authorized Users to access and use our Services in the way set out in the plan you subscribed to. You may not use or access the Services in any other way, such as using robots, spiders, crawlers and scraping technologies.
3. Our Services evolve constantly. We may change our Services, such as by changing, adding or removing features at any time, for any reason. We may or may not provide notice of those changes to you. We will not be liable to you or any third party for the modification, price change, suspension or discontinuance of any of our Services.
4. Our Services interact with Social Networks and depend on the availability of those Social Networks and the features and functionality they make available to us, which we do not control and may change without notice. If at any time a Social Network stops making some or all of its features or functionality available to us, or available to us on reasonable terms as determined by Wilmette Media in its sole discretion (each an “API Change”), we may stop providing access to those features or functionality and we will not be liable to you or any third party for any such change.
Acceptable use rules
5. You and any Authorized Users using your account must comply with reasonable use and all laws. If we reasonably believe that you have breached the Acceptable Use Rules or any applicable law, we may, at any time and without notice, remove any of your Content and suspend, restrict or terminate your account or your access to the Services.
6. You are solely responsible for Customer Content. We may, but do not have to, review, filter, block or remove Content, including Customer Content.
7. If you use the Services for contests or otherwise ask people to submit Content through the Services (“Submitted Content”), you acknowledge and agree that:
(A) the Services do not help you comply with any laws, rules, or regulations that may apply to your collection or use of Submitted Content, which is solely your responsibility; and
(B) we will not be liable to you or any third party for the Submitted Content, and we make no warranty that any Submitted Content obtained or displayed through the Services is accurate or complete.
8. You are responsible for the completeness, security, confidentiality and accuracy of the account information you provide to us. You will promptly notify us of any unauthorized access to or use of your log-in credentials or account.
Content and Third-Party Services
9. We are not responsible for Content provided by others, including Mentions and Content from Third-Party Services. You and anyone else who accesses our Services may access Content that might be unlawful, offensive, harmful, inaccurate or otherwise inappropriate. We will not be liable to you or any third party for Content provided by others.
10. If you access or purchase a Third-Party Service through our Services, you do so at your own risk. Your relationship with the Third-Party Service provider is an agreement between you and them. You specifically understand that we are not responsible for Third-Party Services and will not be liable to you or any third party for any losses or damages resulting from your use of Third-Party Services.
11. If you access or enable a Third-Party Service, you grant them permission to access or otherwise process your data as required for the operation of the Third-Party Service. We are not responsible for disclosure, use, change to or deletion of your data and will not be liable to you or any third party for access to your data by a Third-Party Service.
12. We may, but do not have to, preview, verify, flag, modify, filter, block or remove Third-Party Services. You must comply with all agreements and other legal requirements that apply to Third-Party Services.
13. If we share non-public information about Wilmette Media or our Services with you, you must keep it confidential and use reasonable security measures to prevent unauthorized disclosure of or access to that information.
14. Customer Content. You retain your rights to any Customer Content you submit, post or display on or through the Services. You grant us a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to use, host, run, copy, reproduce, process, adapt, translate, modify, publish, transmit, display and distribute Customer Content for the purposes of providing, supporting, enhancing, and developing our products and services.
15. Feedback. We welcome your suggestions, comments, bug reports, feature requests or other feedback (“Feedback”). We do not have to keep Feedback confidential, even if you tell us it is confidential. If you provide Feedback, you grant Wilmette Media a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid-up license to use the Feedback for any purpose.
16. Services. We keep all rights and interests in our Services. The Services contain Content owned or licensed by Wilmette Media. Wilmette Media Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Wilmette Media, we own and retain all rights in the Services and in any Wilmette Media Content.
Payment Terms, Trials and Renewal
17. Fees and Trials. You must pay all fees for the Services you purchase, except for Services that we expressly offer free of charge. If you sign up for a free trial of a paid Service, we may require you to provide a valid credit card or other payment method. We will charge you automatically on the first day after the free trial is over, unless you cancel or downgrade to a charge-free service and uninstall any paid apps before the end of the free-trial period.
18. For Paid Services, you must provide us with a valid credit card or other form of electronic payment (such as PayPal). We will automatically charge you based on your chosen plan (monthly or yearly as you select for any of our Services. We will share your account information with financial institutions and payment processing companies, including your submitted payment information, to process your purchase.
19. Terms; Prices; Payment Methods. Subscription to our plans are for fixed terms, and the associated fees payable for Paid Services are non-refundable. Prices for Paid Services are subject to change on 30 days’ notice, provided that no price change will apply during your then-current subscription term (monthly or annual as applicable). Depending on where you live, foreign exchange fees or differences in prices may apply, including because of exchange rates. We do not support all payment methods, currencies or locations for payment. If the payment method you use is no longer valid (such as a credit card that has expired) and you do not edit your payment information or cancel or downgrade your account to a plan that is free of charge, you authorize us to keep billing you for our Paid Services and you remain responsible for uncollected amounts.
20. Unpaid Fees. If you owe us any unpaid fees, we may suspend your access to our Paid Services without prior notice until you pay us in full. Your obligation to pay fees continues through to the end of the period (monthly or annual as applicable) in which you cancel or downgrade your plan.
21. Auto-Renewal of Services. Services plans will renew automatically at the end of the term (which may be monthly or annually, depending on the plan you chose when you purchased our Services), and we will automatically bill you on renewal unless you cancel or downgrade our Services.
22. Taxes. You are responsible for paying all taxes on all fees that you pay to us. Local taxes may differ based on your payment method.
Cancellation and Termination of Self-Serve Services
23. You may cancel or downgrade your Services plan at any time. If you cancel (or downgrade) paid Services, you must continue to pay for the rest of your plan term and you are not entitled to a refund.
24. We may refuse to provide service to anyone for any reason at any time. We may also immediately suspend or terminate your access to our Services for any reason, at any time, without notifying you in advance. If we terminate this Agreement because you violated the Acceptable Use Rules or any other part of this Agreement, you will not receive a refund. If we terminate your access to the Services under this section for no reason, we will refund you for the Services you have not yet received.
Disclaimer of Warranties and Limitation of Liability
25. We offer our Services “as is” and are not making any warranties, conditions, representations or guarantees of any kind, whether express, implied, statutory or otherwise, including all express or implied warranties of design, merchantability, fitness for a particular purpose, title, quality and non-infringement, that our Services will meet your requirements or that our Services will always be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free. Use our Services at your own risk. You hereby release us and our affiliates and the directors, officers, employees, agents, licensors and service providers of Wilmette Media and our affiliates from any claims, known or unknown, you have against them.
26. We will not be liable for indirect, punitive, incidental, special, consequential or exemplary damages, or for loss of profits, goodwill or data or other intangible losses, that result from the use of, or inability to use, our Services or any other aspect of this Agreement. Under no circumstances will we be liable for any Third-Party Services, Social Networks or activities of third parties, any connection to or transmission from the Internet, or for any damage, loss or injury resulting from hacking, tampering, theft or other unauthorized access to or use of our Self-Serve Services or your account or the information contained in your account, including Customer Content.
27. Our aggregate liability to you for all losses or damages arising out of this Agreement or your use of our Services, even if we have been advised of the possibility of such losses, will not exceed the greater of the fees we received from you for our Services that are subject to the claim during the three-month period immediately preceding the date on which the damages arose. The limitations of liability in this section also apply to the Wilmette Media Parties and to claims brought based on any cause of action, including breach of contract, tort (including negligence), statute or other legal or equitable theory. If there is a law that limits how the limitation of liability in this section applies to you, our liability will be limited to the fullest extent permitted by law.
28. No advice or information, whether oral or written, obtained from us or elsewhere will create any warranty or condition not expressly stated in this Agreement.
29. Our prices are set based on limitations of liability and the disclaimers of warranties in this section. You acknowledge that they will survive and apply even if found to have failed their essential purpose.
30. If you are dissatisfied with our Services or believe that you’ve been harmed by your use of our Services or this Agreement, you may terminate your use of our Services (as set out above). That termination is your sole and exclusive remedy (and our sole and exclusive liability) under this Agreement.