Acceptance of Terms

KINDLY READ THESE TERMS OF SERVICE WITH CARE BEFORE USING THE PRODUCTS OFFERED BY PALADIN SOFTWARE (“PALADIN SOFTWARE,” “PALADIN,” “WE,” “US,” “OUR,” “COMPANY”).

This is a binding legal contract between you and Paladin Software, LLC (and any predecessor and successor entities), covering your use of the website paladinsoftware.com, statfire.com, and other Paladin Software websites (“Sites”) and other Paladin Software products including the Network Management Suite (Admin Dashboard and Creator Dashboard), Rights Management Suite (Rights Monitor), Talent Locator, and any other Paladin Software products or services (“Products”).

By accessing Paladin Sites and Products, you are agreeing to be bound by these Terms of Service and all applicable laws and regulations. You also agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

By using Paladin Sites and Products, you are certifying that you are over 13 years of age and have your legal guardian’s permission.

If you have any questions, comments, or concerns regarding these terms, Sites, or Products, please contact us at info@paladinsoftware.com.

Accounts

  1. Sections of the Sites and some Products cannot be accessed without an account or by signing in with Google/YouTube. If you open a Paladin Software account and/or sign in with Google/YouTube, you can only use that account to access and use the Sites or Products for their intended purposes, as described on the Sites, marketing materials, user guides, or other documentation
  2. You are responsible for maintaining the confidentiality of any account information, including your login and password, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
  3. Please notify us right away at support@paladinsoftware.com if you have lost control of your account ID or password or if you suspect there is unauthorized activity in your account.

Prohibited Actions

  1. Lying to us in connection with your use of the Sites or the Products. This includes but is not limited to providing false information in your account registration.
  2. Posting anything that could be considered defamatory, libelous, or criminal.
  3. Opening an account without our expressed permission if we have suspended or terminated a prior account associated with the Sites or Products.
  4. Transferring your account to another party without notifying Paladin and being granted permission.
  5. Exhibiting bad online behavior, such as spamming our users, distributing spyware or viruses, collecting personal information without disclosing and abiding by our privacy policy, or attempting to reverse engineer or hack into our systems.
  6. Bypassing any technical protections or throttling that we institute, or accessing, using, or scraping the Sites or the Products by any automated means unless you are a search engine crawling the Sites for the sole purpose of creating a publicly accessible search index.
  7. Willfully exploiting or bypassing your account’s permission level, manipulating records your account is not intended to access, or taking any other actions other than those you are intended to have permission to make.
  8. Attempting, in any manner, to obtain the password, account, or other security information from any other user.
  9. Running Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Sites or Products, or that otherwise interfere with the proper working of the Sites or Products (including by placing an unreasonable load on the Sites or Products infrastructure).
  10. Infringing or violating any intellectual property rights.
  11. Decompiling, reverse engineering, or otherwise attempting to obtain the source code or underlying ideas or information of or relating to the Services.
  12. Take actions on the Sites or Products that we have specifically asked you not to take.

Ownership, Copyright, and Intellectual Property

Paladin reserves all rights, titles, and interest in the Sites, Products, and its trademarks, branding, and logos, including all underlying software, technology, data and processes and any enhancements or modifications. You may not copy, modify, create derivative works from, or distribute any content from the Sites or our trademarks or use the Sites for any purpose not authorized by Paladin.

You may not perform “crawls,” “scrapes,” or “spiders” of any page, data, or portion of or relating to the Sites or Products (through use of manual or automated means), and store or sell this information.

Privacy

Paladin’s Privacy Policy can be found on our website at the following link:

https://www.paladinsoftware.com/privacy-policy/

You will not use the Sites or Products to collect any personally identifiable information, and you will not associate any data gathered through any Sites, Services or Products from your website(s) with any personally identifying information from any source. You will post and abide by a privacy policy that meets or exceeds good industry practices and you will comply with all applicable laws covering collection of user information. If you use our Products, your privacy policy must disclose that you use a third party service, Paladin Software, to collect information about users and user behavior on your website(s) and/or related to any of your business operations activities.

Data & Data Rights

Data is acquired by Paladin’s Products from third party sources, including public social platform data and private social platform data Paladin has been granted access to, and by first party information provided by users. The data is then collated, organized, manipulated, and displayed in unique ways by Paladin. This makes the data proprietary.

If you share data made publicly on Paladin Sites, it shall include a link back to the respective Sites or Products. Sharing private information from Paladin Products is strictly prohibited without explicit written permission from Paladin and the data owner. If you have gotten access to private data that does not belong to you, contact us promptly at support@paladinsoftware.com

Copying and storing data from Paladin Sites or Products (which includes crawling, scraping, bot users, etc.) strictly prohibited. If we detect this type of behavior, it may result in your account being suspended across all Paladin Sites and Products. The only way you may gather large amounts of data is through export functionality as provided within the Products, or APIs with a valid license to use.

Communication

When you take actions like visiting Paladin Sites or Products, or send us emails via support or direct channels, this means you are communicating with us electronically. You agree to receive communications from us electronically. We will communicate with you by e-mail or by posting notices in the Sites or Products. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Other than personally identifiable information, any comments, materials, or letters sent by you to Paladin, including, without limitation, questions, comments, suggestions, criticisms, or the like (“Received Materials”), may be deemed by Paladin to be non-confidential and free of any claims of proprietary or personal rights. Paladin shall have no obligation of any kind with respect to such Received Materials, and Paladin will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from, and/or distribute the Received Materials without limitation or restriction. Furthermore, Paladin is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Paladin for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information or ideas, without compensation or any other obligations to anyone, including you.

Links

Paladin may provide links to other platforms, websites or resources via the Sites or Products. Paladin has no control over the content displayed on these platforms, sites and resources, and you acknowledge and agree that Paladin is not responsible for the (i) availability or content of such external sites or resources, or (ii) such external sites collecting or using your information.

Indemnity, Disclaimers and Limits on Liability

  1. You will indemnify, defend, and hold harmless Paladin, its affiliates, officers, directors, shareholders, employees, contractors, licensors, licensees, agents, and representatives (the “Covered Entities”) against all liability, claims, costs, damages, settlements, and expenses (including interest, penalties, attorney fees, and expert witness fees) (“Liabilities”) incurred by any Covered Entity in any way arising out of or relating to this Agreement or your use of the Sites and/or our Products. Paladin reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
  2. THE COVERED ENTITIES MAKE NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND NON INFRINGEMENT. THE COVERED ENTITIES DO NOT MAKE ANY REPRESENTATION AS TO THE POTENTIAL REVENUES OR OTHER BENEFITS YOU MAY REALIZE BY USING THE PRODUCTS. THE SITES AND THE PRODUCTS ARE PROVIDED AS IS AND AS AVAILABLE. PALADIN DOES NOT REPRESENT THAT THE SITES OR THE PRODUCTS WILL BE CONTINUOUSLY AVAILABLE, ERROR FREE, OR FREE OF VIRUSES, OR THAT PROBLEMS WILL BE CORRECTED. Like all Internet and technology businesses, our Sites and Products are vulnerable to downtime (1) caused by outages to any public Internet backbones, networks, or servers, (2) caused by any failures of your equipment, systems, or local access services, (3) for previously scheduled maintenance, (4) inaccurate or unavailable information from third party sources, (5) relating to events beyond our control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, other acts of God, or interruptions in Internet services to an area where our or your servers are located. We cannot guarantee complete accuracy in the information we report.
  3. THE COVERED ENTITIES ARE NOT RESPONSIBLE FOR ANYTHING ACCESSED VIA ANY LINKS TO THIRD PARTY WEBSITES, SERVICES, SOFTWARE, OR ANYTHING ELSE. YOU BEAR ALL RISKS ASSOCIATED WITH USING THIRD PARTY LINKS, WEBSITES, ETC.
  4. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COVERED ENTITIES SHALL NOT BE LIABLE FOR DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SITES OR ANY PRODUCTS OR SERVICES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW LIMITS OF LIABILITY FOR SOME DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU.

Payments

  1. All paid plans must provide a valid credit card or provide direct payment via check, wire, or other means under the terms explicitly agreed upon. Free accounts are not required to provide a credit card number. Free trials for paid subscription tiers do require a credit card.
  2. You must be authorized to use the payment method that you enter when you create a billing account.
  3. You authorize us to charge you for the Products using your credit card or invoice for any paid feature of the Products that you choose to sign up for or use while this Agreement is in force.
  4. The Products are billed in advance on a monthly or custom-term basis and are non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
  5. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
  6. For any upgrade in plan level, you will be charged a prorated amount for the partial month of use of the new plan on your next billing cycle. The next billing cycle will reflect any such upgrades. Your account services and features will upgrade immediately where possible. If development work is required for the upgrade, we do not guarantee a timeline for the upgrade.
  7. For any downgrade in plan level, the credit card or other payment method that you provided will automatically be charged the new rate on your next billing cycle. Your account Products will also be downgraded on your next billing cycle. If you pay with other means, this change will be reflected in your invoice.
  8. Downgrading your Paladin Products will cause the loss of features and potentially data in your account. Paladin Software does not accept any liability for such loss.
  9. If you cancel the Products before the end of your current paid up month, your cancellation will take effect at the next billing cycle and you will not be charged again. Enterprise product agreements are enforced for the duration of your contract. To discuss contract renewal or cancellation, please contact your account representative.
  10. Prices of all Products, including but not limited to monthly subscription plan fees to the Products, are subject to change upon 30 days notice from us. Such notice may be provided at any time via the email you have provided or by posting the changes to the Paladin Site (www.paladinsoftware.com) or other Sites. Enterprise product agreements are not subject to pricing changes outside of the boundaries of your contract.
  11. All enterprise accounts registered to pay via check, wire-transfer, or Automated Clearing House (ACH), are due within thirty (30) days of billing date unless otherwise agreed to by the parties in writing. If payment is not received by Paladin on the due date, the user’s account will be frozen and inaccessible until all outstanding payments have been processed by Paladin.
  12. If you’re participating in any trial period offer, you must downgrade to a free plan or cancel the Products before the end of the trial period to avoid incurring new charges. If you do not downgrade to a free plan or cancel your Products and you have been told at sign up (or by other means) that the Products will convert to a paid subscription at the end of the trial period, you authorize Paladin to charge your payment method for the Products.
  13. If your credit card information has expired, you must update the information when requested. If not, you agree that Paladin has the right to close or downgrade your account to a free plan without any liability for any loss of data or loss of Products.
  14. Paladin uses a third-party intermediary to manage credit card processing and this intermediary is not permitted to store, retain, or use your billing information except to process your credit card information for Paladin.

Account Suspension and Termination

  1. We reserve the right to suspend or terminate your access to the Sites and the Products and/or your account at any time for any or no reason. This is not our exclusive remedy under any circumstances.
  2. No refunds or credits for subscription plan charges or other fees or payments will be provided to you if you elect to terminate your Products plan or cancel your account prior to the end of your then effective billing cycle or agreement date. Following the termination or cancellation of your subscription to the Products and/or account, Paladin reserves the right to close your account and delete any associated data in the normal course of operation.
  3. If you close your account voluntarily, we may retain your account information and use it in accord with our Privacy Policy.
  4. This Agreement will survive termination or suspension of your access to the Sites and/or Products and/or closure of your account.

 

Child Online Privacy Protection Act Compliance

The Child Online Privacy Protection Act (“COPPA”) restricts website operators from collecting or using any personal information from individuals under the age of 13. In compliance with COPPA, Paladin does not target marketing or communications to children under 13, nor does Paladin knowingly collect any information from children under 13 or allow plug-ins or other services to collect such information. By using any of the Services or posting any information about yourself, you warrant that you are at least 13 years old. In addition, you may not post any photos or other information about any individual who is under 13.

If you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to Paladin.

If Paladin learns that we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at info@paladinsoftware.com.

Miscellaneous

  1. This agreement incorporates all Paladin policies, Sites and Products.
  2. Paladin reserves the right to change our Terms of Service, Privacy Policy, or any other policy at any time. When we make such changes, we will post them to our Sites and you will be able to view them at the same location. Your use of the Sites and/or the Products after such changes constitutes acceptance of the new terms and/or policies.
  3. Paladin will be entitled to recover any legal fees and other costs associated with enforcing this Agreement.
  4. Paladin is deeply committed to adhering to and being considerate of intellectual property and other rights. To report any suspected infringement, please contact us immediately at info@paladinsoftware.com.
  5. You are responsible for being informed about and complying with all laws, rules, and regulations that apply to your use of the Sites and all Products.
  6. This Agreement is the entire agreement between you and Paladin, and it replaces any other agreement between the parties on this subject.
  7. You cannot assign this Agreement without Paladin’s written agreement. Paladin can assign this Agreement to any entity that agrees to be bound by the terms of the Agreement.
  8. These Terms of Service are governed by the laws of the State of Nevada. You agree that any action to enforce or adjudicate your rights under this Agreement shall be brought in the federal or state courts in Clark County, Nevada, United States of America.
  9. If any provision of this Agreement is unenforceable, the validity and enforceability of the remaining provisions will not be affected. No waiver will be effective unless it is in an explicit writing and signed by an authorized representative of the waiving party.

Last updated on June 6, 2016.



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