App & Website Usage - Terms of Service

By registering an account on the Follow web site ("Site" or "Service"), a service provided by Follow.net Inc. ("Follow" or "Company"), you agree to be bound by all terms and conditions ("Terms") listed on this page (collectively, the "Agreement").

General

Follow does not give any warranty or other assurance as to the operation, quality, or functionality of the Site. Access to the Site may be interrupted, restricted, or delayed for any reason. Follow also does not give any warranty or other assurance as to the content of the material appearing on the Site, its accuracy, completeness, timelessness, or fitness for any particular purpose.

To the full extent permissible by law, Follow disclaims all responsibility for any damages or losses (including, without limitation, financial loss, damages for loss in business projects, loss of profits or other consequential losses) arising in contract, tort or otherwise from the use of or inability to use the Site or any material appearing on the Site, or from any action or decision taken as a result of using the Site or any such material.

The Site contains links to external sites. Follow is not responsible for and has no control over the content of such sites. Information on the Site, or available via hypertext link from the Site, is made available without responsibility on the part of Follow. Follow disclaims all responsibility and liability (including for negligence) in relation to information on or accessible from the Site.

Cancellations and Refunds

You may cancel your paid subscription at anytime from our website. Only refunds requested within 7 days of purchase will be considered.

Restriction on Use

This site is owned and operated by Follow.net Inc. and may contain materials which are derived in whole or in part from various resources. The material and content on this site is copyrighted by international copyright and trademark laws. You may not modify, copy, reproduce, upload, post, transmit, or distribute in any way any material from this site including code and software without express permission from Follow.net Inc. You may download material from this site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. At no time may you claim rights to ownership of any material and content you find on this site. This also includes all services provided by Follow.net Inc.

Disclaimer

The service, extension, and reports are provided "AS IS" and there are no warranties, claims, or representations made by the company either expressed, implied, or statutory, with respect to the service, extension, documentation, and reports, including warranties of quality, performance, non-infringement, merchantability, or fitness for a particular purpose, nor are there are warranties created by the course of dealing, course of performance, or trade usage. The company does not warrant that the service, extension, or reports will meet your needs or be free from errors, or that the operation of the service will be uninterrupted. The foregoing exclusions and disclaimers are an essential part of this agreement and formed the basis for determining the price charged for the service. Some states do not allow exclusion of an implied warranty, so this disclaimer may not apply to you. Prices and charges pertaining to service is at the discretion of the company and the company may withhold the right to refund any amount whether partial or full depending on the circumstances. At this time there is no refund policy.

Licensed to Follow

By posting messages, uploading files, inputting data, or engaging in any other form of communication through this site or service, you are granting Follow a royalty-free perpetual, non-exclusive, unrestricted, worldwide license to:

Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.

The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

Limitation of liability

Under no circumstances, including, but not limited to, negligence, shall Follow or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, Follow materials. You specifically acknowledge and agree that Follow is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any Follow material, or with any of Follow's Terms and Conditions, your sole and exclusive remedy is to discontinue using Follow.

The company will not be liable to you or any third party for any indirect, special, punitive, consequential (including, without limitation, lost profits or lost data collected through the service, or incidental damages, whether based on a claim or action of contract, warranty, negligence, strict liability, or other tort breach of any statutory duty, indemnity or contribution, or otherwise, even if the company has been advised of the possibility of such damages. The exclusion contacted in this paragraph shall apply regardless of the failure of the exclusive remedy provided in the following paragraph.

Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the limitations or exclusions in this and the foregoing paragraph may not apply to you.

The company's cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this agreement shall not exceed the aggregate fees paid by you to the company for use of service.

Term and Termination

Either party may terminate this agreement at any time and for any reason. In addition, this agreement will terminate immediately, without notice, if you fail to comply with the terms of this Agreement.

Upon any termination of this agreement, (i) Follow will cease providing the Service; (ii) you will delete all copies of our extension from your browser(s) and certify thereto in writing to Follow within five (5) business days of such termination; (iii) any outstanding balance payable by you to Follow will become immediately due and payable; (iv) you will not be entitled to any refunds of any usage fees or any other fees; and (v) all of your historical report data will no longer be available to you.

Compliance

You will not use the Service in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations or any rights of any third parties, including without limitation, any law or right regarding any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity.

Other

Follow reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy governing the Service, at any time, by posting the new agreement to the Follow web site located at http://follow.net. You are responsible for regularly reviewing the policy. No amendment to or modification of this Agreement will be binding unless (i) in writing and signed by a duly authorized representative of the Company, (ii) you accept updated terms online, or (iii) you continue to use the Service after the Company has posted updates to the Agreement or to any policy governing the Service.

Indemnification

You agree to indemnify, hold harmless and defend Follow, at your expense, against any and all third party claims, actions, proceedings, and suits brought against Follow or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees) incurred by Follow or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any term or condition of this Agreement, (ii) your use of the Service, or (iii) your unauthorized use of the extension code. In such a case, Follow will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. Follow reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

Miscellaneous

Follow shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control. This Agreement (including any amendment agreed upon by the parties in writing) represents the complete agreement between us concerning its subject matter, and supersedes all prior agreements and representations between the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. This Agreement shall be governed by and construed under the laws of the state of California without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and California law, rules, and regulations, California law, rules and regulations shall prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in San Francisco, California. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement. The Software is controlled by U.S. Export Regulations, and it may be not be exported to or used by embargoed countries or individuals. Any notices to the Company must be sent by email to support@follow.net, and are deemed given upon receipt. A waiver of any default is not a waiver of any subsequent default. You may not assign or otherwise transfer any of your rights hereunder without the Company's prior written consent, and any such attempt is void. The relationship between Follow and you is not one of a legal partnership relationship, but is one of independent contractors. This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.

Contact

If you need to contact us, please visit follow.net and click on the contact us/support link at the bottom of the screen.



API Usage - Terms of Use

1. General

This API Agreement ("Agreement") governs the terms under which you ("User") may access and use one or more of Follow.net's APIs that are made available on this website (the "API"). BY MAKING REQUESTS TO OUR API, YOU AGREE TO USE THE API SOLELY IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND YOU AGREE THAT YOU ARE BOUND BY AND ARE A PARTY TO THIS AGREEMENT.

2. License

To User's compliance with the terms and conditions of this Agreement, Follow.net hereby grants User a limited, non-exclusive, revocable, non-sublicensable, nontransferable license to use the API for submission of inquiries via a designated URL, subject to and in accordance with the terms and conditions herein. User shall not use the API and its output data in connection with or to promote any websites, products or services that promote or are used for the purpose of dealing in spyware, adware, or other malicious programs, spam or any offensive or illegal content. User may not (i) copy, sublicense, reverse engineer or modify the API and its output data, or (ii) use the API and its output data on behalf of any third party or (iii) make usage of the API and its output data in a way that will compete with any of Follow.net's products. Please contact us to setup a special agreement not otherwise mentioned here in the license. User's usage of the API constitutes full agreement to this Agreement. This Agreement may be updated by Follow.net at any time and will be apply retroactively to existing Users.

3. Registration & Fees

With respect to registration to our Paid Services, you will be required to provide your own valid payment means that will be charged at least once a month for the price of the Paid Services as specified in the Website. Purchase of Paid Services shall be for a minimum period of at least one month. We will continue to charge your payment means on a monthly basis unless you instruct us to cancel your account and cease payments at the following e-mail address: [support@follow.net].

4. Payment; Cancellation

In consideration for the use of the API, User shall pay to Follow.net the license subscription fees presented on our website. The User can cancel at anytime the subscription. When cancelling a monthly subscription, Follow.net shall not reimburse the relative part of such month during which the services were not used. In case of cancellation of the services by User prior to the lapse of a full contract year, Follow.net shall reimburse User for the relative part of such year during which the services were not used (taking into account full months only).

5. Intellectual Property Rights

The API, the results of any inquiries submitted through the API ("Results") and all intellectual property rights in and to the above are and shall at all times remain the sole and exclusive property of Follow.net and are protected by applicable intellectual property laws and treaties; provided, however, that User may use any Results, subject to the terms herein, following termination of the services.

6. Disclaimer of Warranties.

THE API AND ANY RESULTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, FOLLOW.NET DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSED, IMPLIED OR STATUTORY, REGARDING THE API AND THE RESULTS, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, RESULTS OF USE, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT. FURTHER, FOLLOW.NET DISCLAIMS ANY WARRANTY THAT USER'S USE OF THE API WILL BE UNINTERRUPTED OR ERROR FREE.

7. Limitation of Liability

IN NO EVENT WILL FOLLOW.NET BE LIABLE TO USER OR TO ANY THIRD PARTY UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE API, EVEN IF Follow.net HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE. In any event, Follow.net's aggregated liability towards any User shall be limited to the actual amount received from such User during the twelve (12) months period preceding the event causing the damage.

8. Indemnification

User agrees that Follow.net shall have no liability whatsoever for any use User makes of the API or any Results. User shall indemnify and hold harmless Follow.net from any and all claims, damages, liabilities, costs and fees (including reasonable attorneys' fees) arising from User's use of the API or any Results.

9. Support

Follow.net's support obligations shall be limited to ensuring that the API is generally accessible by User in the manner intended by Follow.net. Any support provided by Follow.net shall be subject to the terms of this Agreement.

10. Term; Termination

This Agreement shall continue until terminated as set forth in this Section. Either party may terminate this Agreement at any time, for any reason, or for no reason including, but not limited to, if User violates any provision of this Agreement. Sections 4, 5, 6, 7, 9 and 10 and all accrued rights to payment shall survive termination.

11. Miscellaneous

This Agreement shall continue until terminated as set forth in this Section. Either party may terminate this Agreement at any time, for any reason, or for no reason including, but not limited to, if User violates any provision of this Agreement. Sections 4, 5, 6, 7, 9 and 10 and all accrued rights to payment shall survive termination.