Terms of Service & Privacy Statement Soosr BV.
Throughout this Agreement:
• “Soosr,” “us,” “we,” and “our,” refer to our company, Soosr BV. and our Site,
Software, or any Services, as is appropriate in the context of the use of the words.
• “Content” shall refer to any content submitted or transmitted by users of the Site and Service, including but not limited to text, photos, pictures, comments,
designs, data, or videos.
• “Affiliate(s) and “Soosr’s” shall refer to any users who participate in our referral and affiliate marketing programs (Soosr members).
• “Client(s)” shall refer to any users who pay for any Soosr Services including affiliate marketing, lead generation, or other services.
• “You”, “your” or “user(s)”), shall refer to you, a user of our Site or Services.
• “Site” shall refer to www.Soosr.com.
• “Service” shall refer to the Soosr services including but not limited to referral marketing, affiliate marketing, and client services.
• “Software” shall refer to any software offered by Soosr through the Site or Service.
Soosr Description of Service
Soosr is an online platform that manages and creates referral and affiliate marketing programs for businesses. Soosr pairs Affiliates with Clients using the Soosr online platform.
Modification of Service and Software
We reserve the right to alter, update, or remove our Service and Software at any time.
We may conduct such modifications to our Service or Software for security reasons,
intellectual property or other legal reasons, or various other reasons at our discretion,
and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or respond to legal demands.
Our License Grant to You
We make our Service available to you through our Site including our referral management Software. When you use our Service, we grant you a, personal, nonexclusive,
revocable, limited license to use our Service, access our Site and download or use any Software. You acknowledge that we maintain all right, title, and interest in our Software. This means you may not resell our Service anywhere else, share your license to use our Service with anyone else, reverse engineer, scrape, decompile,
modify or otherwise attempt to copy our Service.
Use of Soosr.
When using our Service, you are responsible for your use of Soosr, and for any use of Soosr made using your account. You agree not to access, copy, or otherwise use Soosr including our intellectual property and trademarks, except as authorized by these Terms of Service or as otherwise authorized in writing by Soosr.
Please be aware that aside from this Agreement you must agree with the terms of the Soosr Affiliate Agreement. As an Affiliate, you also have additional responsibilities when using our Site and Service; you agree that you will not:
• Send spam messages through your use of the Service.
• Create more than one Soosr account.
• Attempt to inflate your commissions by circumventing or otherwise compromising our systems.
• Collect, scrape, or store data about other Affiliates or Clients.
• Commit fraud or preform any illegal activities through your use of the Soosr Service.
• Post ads on offensive, illegal, hateful, pornographic, or otherwise distasteful websites.
• Post ads or links in a “Desktop” advertising scheme. This includes any and all 3rd party advertising platforms that use a desktop application to display ads in any form.
We may suspend or terminate your account immediately, if you violate any of these guidelines or we feel that your actions may harm Soosr.
For any Clients of Soosr, you must be the authorized representative for your company to enter into this Agreement.
Software and Site Availability
We do not guarantee that the Software or Site will always be available, work, or be accessible at any particular time. Only users who are eligible to use our Software may do so. We reserve the right to terminate access for anyone. We cannot guarantee that the Software will work as advertised, or that it will give you the desired results.
Intellectual Property Rights
The design of the Soosr Service along with Soosr created text, templates, scripts,
graphics, interactive features and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Soosr, subject to copyright and other intellectual property rights under Dutch and foreign laws and international conventions. Soosr reserves all rights not expressly granted in and to the Service and the Site. You agree to not engage in the use, copying, or distribution anything contained within the Site or Service unless we have given express written permission.
Representations and Warranties
Our site or service are offered “as-is”, including any errors, bugs or other technical issues. You agree that while using our software or service, your result may vary and you may not achieve desired results. We expressly disclaim all warranties either express or implied. Our site, software, or service may not be fit for a particular purpose and may not work or be applicable where you reside.
We make no representation or warranties as to the reasonable skill and care invested in our service, satisfactory quality of our service, merchantability of our service or that our service is non-infringing.
Soosr is not obligated to provide you access to our site and service. In the event of any problem with the site or service, you agree that your sole remedy is to cease using the site or service.
Limitation of Liability
In no event shall Soosr BV. It’s officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from (1) your use or inability to use the software, software,
website or our services errors, mistakes, or inaccuracies of content, (2) any interruption, misinformation, incomplete information, or cessation of transmission to or from our software to you, (3) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our site by any third party, (4) any failure of any third party information listed on our site and service, including any failures or disruptions whether intentional or unintentional or (5) any errors or omissions in or site or service, whether based on warranty, contract tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extend permitted by law in the applicable jurisdiction.
Soosr and its Services may only be used by persons 16 years and older. If you are under 16 please stop using our Site and Software and please do not submit any information to us.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, SOOSR shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
Termination of Service
We may terminate or suspend your Affiliate account, or our Service and Software without notice, though we will strive to provide a timely explanation in most cases.
Please be aware that if we terminate service, you may be entitled to a refund if applicable. All provisions of this Agreement which by their nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers,
indemnity and limitations of liability.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement,
we will update this page and indicate the date that it was last modified, make an announcement on our homepage or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Site and our Service.
The communications between you and Soosr use electronic means, whether you visit the Software, Site, or Service or send Soosr e-mails, or whether Soosr posts notices on the Software, Site, or Service or communications with you via e-mail. For contractual purposes, you (1) consent to receive communications from Soosr in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures,
and other communications that Soosr provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Last updated: 27 January, 2014