By registering, signing up for or using a Heyo plan, or otherwise accessing or using Heyo Social, Heyo Web or Heyo Mobile (each, a "Software Application") you are acknowledging that you are bound by the terms and conditions in this End User License Agreement (this "EULA"). Please review these carefully before accepting and utilizing your Heyo plan or a Software Application, or other products or services of Votigo, Inc., d/b/a Heyo ("Developer"). Your use of the Software Applications is also subject to the Terms of Service applicable to the Heyo Websites (http://heyo.com/terms/) and privacy policy (http://heyo.com/privacy/) which are incorporated herein by reference.
This EULA also applies to any additional widgets, add-ons or other applications provided by Developer for use with the Software Application(s) you are subscribing for, which shall also be considered Software Application(s) hereunder. Such additional Software Application(s) may also have additional terms and conditions set forth on the applicable webpage, order form or documentation.
Use of Software Applications is available only to persons who can enter in to legally binding contracts under applicable law. If you are a minor, i.e. under the age of 18 years, not competent or otherwise do not have the capacity to enter into a legally binding contract without the consent or assistance of another person, you may use website only under the supervision of a parent or legal guardian, as applicable, who agrees to be bound by this EULA.
Subject to compliance with this EULA (including payment of applicable fees), Developer grants you a limited, non-transferable, revocable, non-exclusive, non-sublicensable license to access the Software Application(s) for which you have subscribed and paid, through the provided user interfaces, to access your User Data and to utilize such Software Application(s) via the user interfaces provided by Developer to assist in constructing your website, your mobile application, and /or your fan page on facebook, as applicable.
As a registered user of the Software Application(s), you may receive or establish an account ("Account"). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else, and must not use, or attempt to access or use anyone else’s Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify Developer of any unauthorized use of your Account or any other breach of security. Developer shall not be responsible for any losses arising out of unauthorized use of your Account.
By submitting, entering or linking to any information, data, text, software, music, sound, photographs, graphics, messages or other materials, you are representing to Developer that you have the right and authority to submit, enter or link to such content without violation of law or infringement of any third party’s intellectual property rights or privacy rights. Additionally, any such content submitted by you through the Software Application(s) constitutes a representation by you to Developer that you have the right to display, play back and/or perform such content publicly on your mobile application, your website and/or your facebook fanpage, as applicable. By submitting any such information, you are granting us the rights to publish such information to your mobile application, your website and/or your Fanpage, as applicable, With respect to use of Heyo Social, this includes the required rights and access which are required under facebook’s policies and statement of rights.
You may not send, submit, post, or otherwise transmit, messages or material that contain software virus, or any other files that are designed to interrupt, destroy, and negatively affect in any manner whatsoever, any electronic equipment in connection with the use of this Software Application(s).
You may not use the Software Application(s) for any unlawful purpose, including infringement of the copyrights or other proprietary rights of others, or in any illegal manner or for creation or distribution of illegal content. With respect to Heyo Social, you may not submit any content through the Software Application(s) or cause the Software Application(s) to display or link to any content in violation of the facebook advertising guidelines (https://www.facebook.com/ad_guidelines.php), the facebook Statement of Rights and Responsibilities (https://www.facebook.com/terms.php) and the policies and rules referred to therein. Without limiting the foregoing, you may not use the Software Application(s) for any of the following purposes:
You agree to indemnify Developer and its licensors for any and all claims arising from any violation by you of the terms of this EULA.
The Developer utilizes industry standard reliability and security measures in an attempt to protect and preserve your data, however, due to the relative insecurity of any information which is transmitted over the internet (and over wireless networks or intranets in connection with transmission to or from the internet), stored on servers which are accessible via the internet and other means, it is impossible to guarantee complete security. If you take advantage of features allowing you to customize and configure a Heyo application itself, you will bear the full risk for security risks resulting from configuration choices made by you, as some changes can take the ability to provide any security for the application out of our control. Additionally, if our servers or the servers of third party providers fail or become corrupt, we may lose and be unable to retrieve data you have submitted via the Software Application. Additionally, if your account is closed for any reason, your content within the Software Application will be lost and/or inaccessible, and mobile applications, websites and/or fanpages you have created, as applicable, will no longer display. Therefore, we urge you to maintain copies of all content submitted by you for your own protection.
Due to the nature of our Heyo Social Software Application(s) and the services provided thereby, we are subject to the rules, policies and technology of facebook, and its sole determination of how to interpret and apply those rules and policies. We are not affiliated with facebook and it is possible that facebook may change its rules, policies and technologies so that the Heyo Social Software Application(s) no longer functions in the same manner or at all. In some cases, facebook technology or policy changes may result in loss of your content or other data, for which we are not responsible. We make no warranty that facebook will not take such action. In the event of such changes, if commercially and reasonably practical (in our determination), we will attempt to update or revise the Heyo Social Software Application(s) so as to provide the same or substantially similar functionality as provided before such changes. However, if we are unable to do so within a reasonable amount of time, we may elect to cancel your Account and refund a pro rata portion of Fees paid in advance for remaining pre-paid time in any period(s) in which such cancellation becomes effective. We may apply this cancellation on an application-by-application basis, so that if one Software Application for which you have paid cannot be made substantially effective, but other Software Application(s) can, we may cancel only the first Software Application and retain your Account for the remaining.
The mobile applications and web sites created through our Heyo Mobile and Heyo Web are created to function across a wide variety of mobile devices, browsers and software configurations ("platforms"). However, we cannot guarantee that they will function on all such platforms, and may function only partially or differently on some than on others. In addition, when hardware manufacturers or software developers make changes to their devices or software, as applicable, this can affect the functionality and appearance of the mobile applications and/or web sites. Mobile applications for Apple devices are subject to an approval process controlled by Apple Inc. and we cannot guarantee acceptance and publication in the Apple App Store or other third party marketplaces subject to approval processes or other requirements.
Features of certain of our products provide you with significant ability to configure and customize the application itself. We believe that this feature is a great benefit to many of our customers who wish to exercise such a level of control. However, this level of control and customization is not without risks. If you take advantage of this feature, you may make selections which decrease the security of the application (and your content and other account data), and may cause the application to later be incompatible with updates we make to our products. This may result in mobile applications, websites and/or fanpages, as applicable, no longer being displayed or other issues with mobile applications, websites and/or fanpages, as applicable and content created or stored with your customized application. We are not responsible for security, incompatibility or functionality issues caused or increased by such customization by you or your agents.
You shall make necessary payments using your credit cards, internet banking accounts or any other recognized electronic/digital modes of payment through Developer’s or one of it’s payment partner’s website. Developer currently uses a third party payment processor and additional terms and conditions will apply to your transactions with such processor.
You agree, understand and confirm that the credit card details provided by you will be correct and accurate and you are using a credit card that you are legally authorized to use for this purpose. We will not be liable for any credit card fraud, abuse or unauthorized use by you or others. The liability to use a card fraudulently will be on the user and the onus to ‘prove otherwise’ shall be exclusively on the user.
The said information will not be utilized and shared by us with any third parties other than our payment service unless required by law, regulation or court order.
In consideration of the license granted pursuant to this EULA, you agree to pay the Developer, the Fees as set forth in the website or other location from which you are subscribing for the Software Application(s) and you agree that Developer or its payment processor may charge such amounts against the account information provided by you. Developer reserves the right to amend or revise the Fees for Software Applications from time to time. Licensee shall be responsible to pay the applicable taxes, i.e. any and all federal, foreign, state or local sales, use and excise taxes, cess, duties, levies, and any other assessments in the nature of taxes however designated on the purchase/license and/or use of the Software Applications, including without limitation VAT if applicable to your license/purchase and use of the Software Application(s). It is understood and agreed that the Fees are exclusive of such taxes, duties and other assessments unless expressly stated otherwise.
You shall not: (a) modify, adapt, decompile, disassemble, extract, hack, exploit unauthorized access to, reverse engineer any oftware Applications or otherwise derive the source code and any other ideas, algorithms, concepts or procedures from the Software Application(s) unless and to the extent expressly permitted by applicable statutory law; (b) create derivative works based on any Software Application(s); (c) make copies of Software Application(s); (d) allow a third party to use or have access to any Software Application(s); (e), sublicense to any third party, Software Application(s), or any part thereof; (f) rent, lease or provide services to or for others via or based upon the Software Application(s). Any copy of Software Application(s) made by you, including any partial copy, is the property of Developer.
Other third party software or technology that may be distributed together with the Software Application(s) will be subject to you explicitly accepting a license agreement with that third party. Developer is not responsible for any non-performance or breach of any contract entered into between you and the third party. You release and indemnify the Developer and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of third-party providers and specifically waive any claims that you may have in this behalf under any applicable law. Developer may, but is not obligated, to add and make available additional features or functions, programming fixes, updates, upgrades or versions to the Software Application(s) ("Updates"). You may have to enter into a new version of this EULA if you want such Updates.
The rights granted under this EULA to you are effective until terminated by us upon your breach of this EULA or end of any period(s) for which Fees have been paid (except as otherwise provided above). Developer may terminate your rights hereunder by denying access to Software Application(s), or by written notice including by electronic transmission to an email address or device indicated by you. Developer’s rights and your representations and covenants under this EULA shall survive any termination or expiration hereof or your rights hereunder.
Upon termination of your rights, you shall immediately cease use of the Software Application(s). You may not be able to retrieve any data you have submitted to us, including via the Software Application(s). In some cases we may cause the Software Application to discontinue publishing your mobile application, website and/or fanpage, in which case your content within the Software Application may be lost and/or inaccessible. Therefore, we urge you to maintain copies of all content submitted by you for your own protection. In other cases, you may be responsible for transferring publication authority on your mobile application, website and/or fanpage, as applicable, to yourself or another provider.
THE SOFTWARE APPLICATION(S) IS(ARE) PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, COMPLIANCE AND CONFORMITY WITH APPLICABLE LAWS, ALL OF WHICH ARE SPECIFICALLY DISCLAIMED, TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE ENTIRE RISK AS TO THE OWNERSHIP, RESULTS AND PERFORMANCE OF THE SOFTWARE APPLICATION(S) IS ASSUMED BY YOU. SHOULD THE SOFTWARE APPLICATION(S) PROVE DEFECTIVE, YOU (AND NOT DEVELOPER OR ITS LICENSORS, SUPPLIERS, DISTRIBUTORS OR DEALERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. NEITHER DEVELOPER NOR ITS LICENSORS, SUPPLIERS, DISTRIBUTORS OR DEALERS WARRANT THAT THE FUNCTIONS CONTAINED IN THE PROGRAM WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE.
THE SOFTWARE APPLICATION(S) IS(ARE) PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, COMPLIANCE AND CONFORMITY WITH APPLICABLE LAWS, ALL OF WHICH ARE SPECIFICALLY DISCLAIMED, TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE ENTIRE RISK AS TO THE OWNERSHIP, RESULTS AND PERFORMANCE OF THE SOFTWARE APPLICATION(S) IS ASSUMED BY YOU. SHOULD THE SOFTWARE APPLICATION(S) PROVE DEFECTIVE, YOU (AND NOT DEVELOPER OR ITS LICENSORS, SUPPLIERS, DISTRIBUTORS OR DEALERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. NEITHER DEVELOPER NOR ITS LICENSORS, SUPPLIERS, DISTRIBUTORS OR DEALERS WARRANT THAT THE FUNCTIONS CONTAINED IN THE PROGRAM WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE.
DEVELOPER DOES NOT REPRESENT OR WARRANT THAT MOBILE APPLICATIONS, WEBPAGES AND/OR FANPAGES GENERATED THROUGH THE SOFTWARE APPLICATIONS WILL RENDER OR DISPLAY PROPERLY, OR AT ALL, ON ALL HARDWARE AND SOFTWARE PLATFORMS. DEVELOPER RESERVES THE RIGHT TO DISCONTINUE, MODIFY OR OTHERWISE ALTER FEATURES WITHIN THE SOFTWARE APPLICATION(S), WHICH CHANGES MAY RESULT IN, AMONG OTHER THINGS, CHANGES TO THE WAY YOUR CONTENT IS DISPLAYED, STORED, ACCESSED OR INTERACTS WITH VISITORS TO YOUR SITES AND/OR FANPAGES.
NEITHER DEVELOPER NOR ITS LICENSORS, SUPPLIERS, DISTRIBUTORS OR DEALERS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS PROGRAM SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION ARISING OUT OF THE USE, THE RESULTS OF USE, OR INABILITY TO USE SUCH PROGRAM, OR DAMAGE OF LOSS CAUSED BY THE PROGRAM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
NEITHER DEVELOPER NOR ITS LICENSORS, SUPPLIERS, DISTRIBUTORS OR DEALERS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS PROGRAM SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION ARISING OUT OF THE USE, THE RESULTS OF USE, OR INABILITY TO USE SUCH PROGRAM, OR DAMAGE OF LOSS CAUSED BY THE PROGRAM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
This EULA shall be governed by the laws of the Commonwealth of Virginia without regard to principles of conflicts of laws and shall inure to the benefit of Developer, its successors and assigns (including without limitation, its licensors as third party beneficiaries hereunder). Any disputes relating hereto or otherwise to your download or use of the Software Application(s) shall be adjudicated in the state courts of Montgomery County, Virginia or the federal courts for the Western District of Virginia located in Roanoke, Virginia, and you hereby consent to the exclusive jurisdiction of said courts for any such disputes, and you hereby waive all objections to such forums in connection with any such disputes, including without limitation any objection based upon lack of personal or in rem jurisdiction or forum non conveniens. If for any reason a court of competent jurisdiction finds any provision of this EULA, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this EULA shall continue in full force and effect. Note that Developer may change this exclusive venue from time to time upon change of its headquarters or assignment of its rights hereunder to an acquirer of its stock or of the Software Applications.
Developer is entitled to transfer its rights and/or obligations to any third party without your prior written consent. However, you shall not be entitled to transfer your rights and obligations under this EULA without the prior written consent of Developer. However, should you allow or permit any other person to access any software or information to which you are given rights under this EULA, whether intentionally or involuntarily through your action or inaction, such third party shall also be subject to the terms hereof and shall be bound hereby the same as if they were "you" hereunder and you and they shall be jointly and severally liable hereunder for their breaches (provided that this shall not mean or imply that assignments or sublicenses hereunder are permissible or that such third parties my enjoy the license and rights granted to you hereunder). Nothing herein shall be construed as creating any agency, partnership, or other form of joint enterprise between the Parties.