Terms of Service
Effective date: 12/05/2019
Please read these Terms of Service carefully before using our Service. We may update these Terms of Service from time to time, and your continued use of the Service constitutes acceptance by you of any updates.
YOU ASSERT THAT YOU ARE EITHER LEGAL AGE (18 YEARS OLD), OR AN EMANCIPATED MINOR, OR POSSESS LEGAL CONSENT OF YOUR PARENT OR GUARDIAN, AND YOU ARE HAVING THE POWER AND COMPETENT TO ENTER INTO AND TO COMPLY WITH THESE TERMS OF SERVICE.
The Service is also not available to any users previously suspended or removed from the Service by Content Office. If you access the Service from any third party platform providers, such as Apple and Google, from whom you download the Service, you shall comply with their terms of service/use as well as these Terms of Service.
- Content Office is a mobile application for effective planning of Instagram social network content. Instagram is a social network which belongs to Facebook, Inc.
- While using Content Office you agree to comply with Instagram Terms of service, Platform Policy and Community Guidelines.
- The User can (1) upload and edit texts, images and videos for further posting in Instagram (User Content); (2) manage Instagram posts uploaded; and (3) track Instagram posts statistics. The Service does not provide possibility to exchange content or messages between the Users.
- Content Office does not contain features for auto posting to Instagram. The User can make Instagram posts through Content Office manually.
- The Service contain Instagram use basic course and other learning material, including Instagram marketing materials.
- The application allowing managing up to 10 Instagram account, depending of the subscription plan chosen.
- Rights granted
- If you downloaded the Content Office from Apple App Store, you hereby assert and agree that you will only use the Content Office (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
- Access to the Service
- The Account is created solely to the User and cannot be assigned or sold to the third party.
- After Account creation, User receives free limited access to the Service. The Service is limited to the scope and term provided in free subscription plan description.
- User, who want full access to all Service functions may purchase (a) prepaid yearly subscription,(b) prepaid three month subscription or (c) prepaid monthly subscription.
- At the end of the subscription plan chosen, User account will be automatically charged for the further period according to the plan.
- After Account creation, User can change personal information provided only by contacting Content Office.
- Acceptable use of Service
- Any User who registering account with the Content Office shall (1) comply with these Terms of Service while using the Content Office; (2) hold Account login information confidential; (3) immediately inform on any illegal or unauthorized activity or a security breach (including any loss, theft, or unauthorized disclosure or use of a username, password); (4) keep indemnified the Content Office for all claims and liabilities arising out of any use of the Service, including any costs and expenses incurred; (5) be responsible for all activities that occur under respective Account; (6) not share their Account or password with anyone; (7) provide all equipment and software necessary to connect to the Services, including, but not limited to, a mobile device that is suitable to connect with and use the Services; (8) be solely responsible for any fees, including Internet connection or mobile fees, that User incur when accessing the Content Office.
- Any User shall not (1) permit any third party to access or use a username or password for the Service; (2) upload to the Service any file that contains or redirects to a virus, worm, Trojan horse, or other harmful technology or component that unlawfully accesses alternatively, downloads content or information stored within the Service or on the hardware of Content Office, affiliate, or any third party; (3) decompile, interfere with, hack, reverse engineer, disassemble, modify, copy, or disrupt the functionality, integrity, features, or performance of the Services; (4) access the Service with intent and/or in order to create a comparable or similar application or software or copy any features, graphics, ideas, images, videos, intellectual property or functions of the Service; (5) create accounts by any means other than Service interface (scraping, creating accounts in bulk).
4.3. Any User shall not upload, post, transmit, or otherwise offer any User Content which (1) may be considered illegal, harassing, aggressive, abusive, tortious, defamatory, vulgar, offensive, libelous, or invasive in relation to another person or a group of persons, or which is hateful, and/or racially, ethnically, or otherwise offensive; (2) may harm to minors in any manner; (3) may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party; (4) is not belong to User pursuant to the law or in accordance with any contractual or fiduciary relationship; (5) contradicts with Instragram social network Terms, Policies or Community Guidelines; (6) interfering with or disrupting any Content Office’s Services; (7) intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law; (8) providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a “foreign terrorist organization” in accordance to Section 219 of the Immigration Nationality Act.
4.4. The Content Office retains the right to suspend the Account of any User, accused in breaching of aforesaid rules as mentioned earlier and this Terms of Service. In such circumstances, Content Office reserves the right to cancel the User’s account, delete all User Content and suspend or revoke the license(s) provided.
- All payments made through third parties - Apple App Store or Google Play Store - are controlled and managed by Apple and Google respectively.
- Payments will be charged to your Apple App Store or Google Play Store account at confirmation of subscription purchase.
- The subscription fee is payable by User in exchange for the access to the Content Office according to the subscription plan chosen.
- User pays the fee that is displayed on the Service at the time of confirming a subscription.
- If User purchases any subscription prior to the end of the free trial subscription, an unused portion of a trial period will be forfeited.
- All currencies are depends on the country and provided by Apple App Store or Google Play Store.
- Pricing in another country may vary and actual changes may be converted to User’s actual currency depending on the country of User’s residence.
- The subscription will not be automatically renew at the end of each term and you need to pay it manually through your account (Apple App Store or Google Play Store).
- The Content Office is entitled to adjust subscription fee for the User’s subscription without further notice.
- The paid subscription fee is not refundable.
- When the subscription period ends and subscription fee is not paid by the User due to the fund's insufficiency, full access to the Content Office shall be ceased until subscription fee is paid.
- Intellectual property
- All rights, copyrights, patents, trade secrets, trade dress, know-how, technical information, inventions, discoveries, improvements, ideas, concepts, discoveries, texts, images and other proprietary rights, and any derivative works thereof (including improvements) embodied in the Service belong solely and exclusively to the Content Office.
- “Content Office” is a trademark of Content Office company and may not be used, copied, or imitated, in whole or in part, without the express prior written approval of Content Office. The look and feel of the Services (including all page headers, custom graphics, button icons, and scripts) form the trademarks, service marks and trade dress, belonging to Content Office and may not be used, copied and/or imitated in whole or in part, without the express prior written approval of Content Office. The use of any of trademarks without Content Office express written consent is strictly prohibited.
- Subject to these Terms of Service, User grant us limited term, non-exclusive worldwide license to process, access, use, demonstrate, copy and display User Content for the purpose of provision of Service pursuant to this Agreement.
- Representations & Warranties.
- EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICE IS PROVIDED “AS IS”. THE CONTENT OFFICE DOES NOT PROVIDE ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR FREE OF DEFECTS, ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR OF NON-INFRINGEMENT, IN EACH CASE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
- All educational materials embedded in the Content Office are provided for educational purposes only without warranty of any kind.
- The User shall indemnify defend and hold harmless Content Office and its subsidiaries and employees (including but not limited to agents, licensors, managers and other affiliated companies and their employees, contractors, agents, officers, and directors) from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, expenses (including but not limited to attorney’s fees) arising from: (1) any other party’s access and use of the Service with User’s unique username, password or other appropriate security code; (2) User’s violation of any term of this Terms of Service, including without limitation User’s breach of any of the representations, warranties or responsibilities described herein; (3) User’s violation of any third-party rights, including without limitation any right of privacy or intellectual property rights; (4) User’s willful misconduct.
- Limitation of Liability
- USER UNDERSTANDS, ACKNOWLEDGES AND AGREE THAT IN NO EVENT SHALL CONTENT OFFICE BE LIABLE FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF DATA, USE, OR PROFITS, LEGAL, MEDICAL OR MALPRACTICE DAMAGE CLAIMS OR AWARDS, PAIN AND SUFFERING, OR MEDICAL BILLS, IRRESPECTIVELY OF WHETHER OR NOT CONTENT OFFICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL INJURY, BODILY INJURY, EMOTIONAL DISTRESS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR RESULTING FROM THE PERFORMANCE OF EXERCISES OR TRAINING PROGRAMS.
- USER UNDERSTANDS, ACKNOWLEDGES AND AGREE THAT IN NO EVENT SHALL CONTENT OFFICE BE LIABLE FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE ERRORS, DEFECTS, BUGS OF USER’S MOBILE DEVICE.
- UNDER NO CIRCUMSTANCES WILL CONTENT OFFICE BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY CONTENT OFFICE AS A RESULT OF YOUR USE OF THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CIRCUMSTANCES GIVING RISE TO YOUR CLAIM.
- The User is solely responsible for assessing the reliability, accuracy, and quality of the particular Service. The User accepts all risks and responsibility for all loss, damage, costs and other consequences resulting from the one’s use of the Service.
- Content Office shall not be liable for any loss or damages including, but not limited to, claims for defamation, errors, loss of data, or interruption in availability of data arising out of the use or inability to use of Services or any links; or to your reliance upon information obtained from on the Services
- Notwithstanding any provision of this Terms of Service, if jurisdiction where User resident in, has provisions specific to waiver or liability that conflict with the above mentioned then Content Office liability is limited to the maximum extent possible by law.
- The User may terminate this Agreement by deleting of User’s Account.
- The Content Office may terminate this Agreement with immediate effect by giving the User a written notice.
- The termination, in any case, will not affect any obligation that has already been incurred by either the User or the Content Office.
- Force Majeure
- “Force Majeure” means unforeseeable circumstances acts, events or occurrences that prevent the Content Office from providing the Service to the User, including but not limited to terrorism, strikes, riots or civil commotion, war, flood, act of God, accident, fire , storm, interruption of power supply, electronic, communication equipment or supplier failure, civil unrest, statutory provisions or lockouts.
- The Content Office shall have a right to, at its own reasonable discretion determine the existence Force Majeure and take reasonable steps to inform the User.
- In the event of Force Majeure, the Content Office shall not be liable to the User in respect of any consequential, nonfinancial, direct or indirect damage.
- If you have any questions regarding Service functionality or data protection you can send us notice.
- All notices shall be given to us either by post to our premises (Eendrachtsweg 30b, Rotterdam, The Netherlands. 3012LC) or by email to firstname.lastname@example.org. All notices shall be deemed received 5 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
- If any term of Terms of Service is held to be invalid or unenforceable, that term shall be reformed to achieve as nearly as possible, the same effect as the original term, and the remainder of Terms of Service shall remain in full force. If any court or administrative body of competent jurisdiction to be invalid or unenforceable finds any provision of the Terms of Service, then the invalidity or unenforceability shall not affect the other provisions, and all provisions not affected shall remain in full force and effect. The Content Office will attempt to substitute with a valid or enforceable provision, which achieves to the greatest extent possible the economic, legal and commercial objectives of the invalid or unenforceable provision.
- In the event that a situation arises, that is not covered under the Terms of Service, the Content Office will resolve the matter based on good faith and fairness and, where appropriate, by taking such action as is consistent with market practice.
- The rights granted by Terms of Service, may not be transferred or assigned by the User, and any such transfer or assignment shall be void. The Content Office may transfer some or all of its rights and obligations under these Terms of Service to another organization in the event that Content Office assets acquired by or merged with a third-party entity or in connection with a merger, acquisition, sale, or other change of control event.
- These Terms of Service do not, and shall not be construed as creating any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and of any kind between the parties hereto.
- This Agreement shall be governed by the laws of the Netherlands, excluding its conflict of law principles. Any actions, disputes, causes of action or claims arising out of or in connection with this Terms of Service shall be subject to the exclusive jurisdiction of the courts located in the Rotterdam.