Acceptance of Terms

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

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 websites (“Sites”) and any Paladin products or services, including the Network Management Suite (Admin Dashboard and Creator Dashboard), Right Monitor, Talent Locator, Campaigns, and Insights (“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 the Paladin Sites and Products. The materials contained in this website are protected by applicable copyright and trademark law.

Paladin uses authorized data from YouTube, Google, Facebook, Instagram, Twitter, and other platforms. Such data is collected and stored to power Paladin features. You can request your authorized data be deleted from Paladin by contacting [email protected].

Paladin uses YouTube, Google, Facebook, Instagram, Twitter, and other platform (“Social Platforms”) APIs to collect authorized data. You can learn more about each respective Social Platform’s terms of service and privacy policies via the links below:

Social Platforms Terms of Service

Social Platforms Privacy Policies:

 

You can revoke Paladin’s access to your data from YouTube, Google, Facebook, Instagram, and Twitter at any time via each respective platform’s app and security settings via the links below. Note that revoking such authorizations may limit or eliminate certain functionality in Paladin’s Products.


If you have any questions, comments, or concerns regarding these terms or Paladin Sites and Products, please contact us at [email protected]

Accounts

  1. Sections of the Sites and some Products cannot be accessed without an account or by signing in via a Google, YouTube, Facebook, Instagram, or Twitter authentication (individually, a “Third-Party Partner” and collectively, “Third-Party Partners”). If you open a Paladin account and/or sign in via one of Paladin’s Third-Party Partners, you can only use that account to access and use the Sites or Products for their intended purposes, as described on the Sites and in marketing materials, user guides, and 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. You agree to accept responsibility for all activities that occur under your account or password.
  3. Please notify us immediately at [email protected] if you have lost control of your account 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 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 Paladin’s expressed permission if Paladin has suspended or terminated a prior account for you 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 Paladin users, distributing spyware or viruses, collecting personal information without disclosing and abiding by the Paladin Privacy Policy, or attempting to reverse engineer or hack into the Paladin Sites or Products.
  6. Bypassing any technical protections or throttling that Paladin institutes, or accessing, using, or scraping the Sites or 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 infrastructure of the Sites or Products).
  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 Sites or Products.
  12. Take actions on the Sites or Products that Paladin has 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 future enhancements or modifications. You may not copy, modify, create derivative works from, or distribute any content from the Sites or Products or use the Sites or Products for any purpose not authorized by Paladin.

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 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 Paladin Sites or Products, your privacy policy must disclose that you use Paladin as a third party service to collect information about users and user behavior on your website(s) and other related business activities.

Data & Data Rights

You agree that Paladin and its subsidiaries and agents may collect, maintain, process, and use data to which you grant Paladin access. You agree that Paladin may combine your business data, if any, with that of others in a way that does not identify you or any individual personally. You also grant Paladin permission to share or publish summary results relating to research data and to distribute or license such data to third parties.

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

Copying, storing, sharing, or selling data from Paladin Sites or Products (which includes crawling, scraping, or employing bot users, etc.) is 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 Site, Products, or any associated APIs with a valid license to use that data.

Communication

When you take actions like visiting Paladin Sites or Products or send us emails via support or direct channels, you agree to receive communications from us electronically. We will communicate with you by e-mail and/or by sending messages or 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 made 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, websites, and resources, and you acknowledge and agree that Paladin is not responsible for the (i) availability of content on such external platforms, websites, or resources, or (ii) such external platforms, websites, and resources 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 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 Paladin’s 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 SITES OR PRODUCTS. THE SITES AND PRODUCTS ARE PROVIDED AS IS AND AS AVAILABLE. PALADIN DOES NOT REPRESENT THAT THE SITES OR 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 caused by (1) outages to any public Internet backbones, networks, or servers, (2) any failures of your equipment, systems, or local access services, (3) for previously scheduled maintenance, (4) inaccurate or unavailable information from third-party sources, or (5) events beyond our control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or other acts of God. 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 PRODUCTS, 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. 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.
  2. 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.
  3. 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.

Account Suspension and Termination

  1. We reserve the right to suspend or terminate your access to the Sites and 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, 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 agreement date. Following the termination or cancellation of your subscription, Paladin reserves the right to close your account and delete any associated data in its normal course of operations.
  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.

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 the Site or Products 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 Sites or Products and do not 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. If you believe that a child under 13 may have provided us personal information, please contact us at [email protected]

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 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 [email protected]
  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 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 consent. 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 writing and signed by an authorized representative of the waiving party.

These terms were last updated on August 2, 2017



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