The following terms and conditions (these "Terms") govern your use of the revemarketing.com website (referred to as the "Site") as well as the content, products, software, source code and services made available through the Site (collectively, including the Site, the "Services") by the Site's owner, Rêve Marketing, Inc. ("Rêve Marketing").
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING ANY SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS, AS THEY MAY BE MODIFIED OR AMENDED FROM TIME TO TIME BY RÊVE MARKETING IN ITS DISCRETION. ANY SUCH AMENDMENTS TO THESE TERMS BECOME EFFECTIVE AT THE TIME THEY ARE POSTED TO THE SITE, AND EACH TIME YOU ACCESS OR USE ANY SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AS AMENDED. IF YOU DO NOT AGREE, YOU SHOULD DISCONTINUE USE OF THE SITE AND ALL OTHER SERVICES IMMEDIATELY.
The words "we", "us" and "our" means Rêve Marketing. The words "you" and "your" refers to the person accessing or using the Services subject to these Terms. To the extent you access or use the Services in an agent or employee capacity, you also accept these Terms on behalf of your principal or employer. If your principal or employer has entered into a written agreement with Rêve Marketing for the provision of Services, then such written agreement will govern your use of the Services on behalf of such principal or employer.
Information about you
- You agree the information you provide when you register to use the Services will be true and accurate and kept up to date by you. You agree not to enter false information or impersonate any other person when you use the Services. You must be 18 years of age or older to use the Services.
Use of Services
- You agree to use the Services only for lawful business purposes and not for any illegal or unauthorized purpose. You shall not upload or otherwise transmit to or through the Services any viruses or other malicious software code. You will not do anything to disrupt the operation of the Services, interfere with anyone's use of it, corrupt or change the contents of the Site, damage the systems running the Services, or otherwise do harm to the Services and their normal operation. You may access Services only through the Site portals made available to you for such purpose. You will not access the non-public areas of the Site or Services for any reason or by any means except as permitted by us using your Rêve Marketing login credentials or our application programming interfaces.
- To use any Services for commercial purposes, including in connection with any social marketing or refer-a-friend campaign, customer acquisition or advertising campaign, promotion, contest, customer loyalty or incentive program, social wall, content engagement program or other consumer-facing marketing programs able to be created and managed through the Services from time to time (collectively, “Marketing Programs”), you must enter into one or more written or electronic insertion orders, work orders or statements of work in a form accepted by Rêve Marketing (an “Order”). If you have not executed an Order and agreed to our commercial terms of service in connection with such Order, you are prohibited from using any Services in connection with any Marketing Program.
Ownership of Services
- Rêve Marketing is only providing you with the right to access and use the Services. Rêve Marketing retains sole and exclusive ownership of and all right, title, and interest in and to the Services (including ownership of all trade secrets, trade dress, copyrights, and other intellectual property interests pertaining to the Services) and to all modifications and enhancements of the Services, subject only to the rights and privileges expressly granted to you under these Terms. In addition, the Services are presented with a distinctive "look and feel," and this "look and feel" is the proprietary property of Rêve Marketing. Rêve Marketing reserves all rights in and to the Services not expressly granted under these Terms.
- The Services are protected by U.S. copyright laws and international treaty provisions. You may not use, copy, modify, or distribute the Services (electronically or otherwise), including the source code for any portion of the Services, or any copy, adaptation, transcription, or merged portion thereof, except as expressly authorized by us in writing. You may not modify, reverse engineer, disassemble, decompile, translate, create derivative works from, or otherwise alter the Services. You may not transfer, lease, assign, rent, or sublicense the rights granted to you under these Terms, or make the Services available for the use of others. You may not use any portion of the Services or any standalone utility provided for use with the Services for any purpose other than its intended purpose.
- You shall not remove, modify or copy any Rêve Marketing or third party trademarks accessed through the Site or incorporated into Services. All third party marks are the properties of their respective owners and may be used by you only in connection with use of the Services and for no other purpose whatsoever.
- The Site and any Services may be modified, revised, suspended or discontinued in whole or in part, either temporarily or permanently, with or without notice, in our discretion. No resale, sale or use for commercial purposes of any portion of the Services is authorized or permitted except with our prior written consent in each instance. We reserve the right in our discretion to deny access to the Services by or through any person, network or device.
- We assume no responsibility or make any representation or warranty with respect to websites or services owned and operated independently by third parties (including but not limited to our partners or affiliates) which may be accessed by you through links on the Site or otherwise from the Services.
- We will not knowingly publish content in violation of applicable copyright law. If you believe content has been displayed, reproduced, printed or otherwise distributed by us through this website in violation of any third party copyright, please notify us in writing. Send your notice to Rêve Marketing, Inc. 1975 W. El Camino Real, Suite 301, Mountain View, California 94040, attention: chief legal officer, and include the following:
- electronic or physical signature of a person authorized to act for the copyright owner
- description of the copyrighted work
- description of where the infringing content is located on this website
- your office or home address, telephone number and email address
- a statement of good faith belief that the use of the work is not permitted by the copyright owner, and
- a statement under penalty of perjury that the above is true and you are authorized to act for the owner.
- THE SERVICES MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR ERRORS. ALL SERVICES, INCLUDING BUT NOT LIMITED TO SITE CONTENT AND PROGRAMS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY OF NON-INFRINGEMENT.
- WITHOUT LIMITING THE FOREGOING, RÊVE MARKETING MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, OR (II) SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
LIMITATION OF LIABILITY
- EXCEPT FOR CLAIMS OF A NATURE THAT APPLICABLE LAW DOES NOT PERMIT TO BE MADE SUBJECT TO THE WITHIN LIMITATIONS, RÊVE MARKETING, ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES OF ANY KIND RELATING TO YOUR USE OF THE SERVICES. FURTHERMORE, EXCEPT FOR CLAIMS OF A NATURE THAT APPLICABLE LAW DOES NOT PERMIT TO BE MADE SUBJECT TO THE WITHIN LIMITATIONS, THE MAXIMUM LIABILITY OF RÊVE MARKETING, ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FOR ANY CLAIMS ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU WITHIN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM UNDER THE ORDER WITH RESPECT TO WHICH SUCH CLAIM AROSE.
- SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF CLAIMS OR DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO ALL LIABILITIES.
- You agree to indemnify and hold harmless Rêve Marketing, its subsidiaries, affiliates, directors, officers and employees, from and against any and all liabilities, damages, losses, costs or expenses (including reasonable attorneys' fees) arising from or relating to any third party claim, action or demand asserted against Rêve Marketing based on: (a) any breach of these Terms by you or anyone accessing the Services using your Rêve Marketing credentials; or (b) any violation of law, regulation or third party rights in connection with your use of the Services.
- Your right to access and use Services shall terminate immediately upon your breach of any Terms. In the event of termination of your rights or our Services for any reason, you will continue to be responsible for any damages and indemnification obligations resulting from your use of the Services.
- Nothing express or implied in these Terms is intended to confer, nor shall anything herein confer, upon any person other than the parties and their respective permitted successors or assigns, any rights, remedies, obligations or liabilities whatsoever. You may not assign any of your rights hereunder and any purported assignment by you shall be invalid. We may assign any and all rights or obligations under these Terms in our discretion.
- If you are provided with any standalone software utilities for use with the Services, you acknowledge that these utilities may be subject to regulation by local laws and United States government agencies which prohibit export or diversion of certain products, information about the products, or direct products of the products to certain countries and certain persons. You represent and warrant that you will not export or re-export such software in violation of these regulations to a national destination prohibited under these regulations or to any person to whom exports, re-exports or transfers are prohibited under these regulations.
- You acknowledge that your breach of any of the provisions of these Terms may cause immediate and irreparable harm to Rêve Marketing for which Rêve Marketing may not have an adequate remedy in money or damages. We will therefore be entitled to obtain an injunction against such breach from any court of competent jurisdiction immediately upon request and will be entitled to recover from you the costs incurred in seeking such an injunction. Rêve Marketing's right to obtain injunctive relief will not limit its right to seek or obtain further remedies.
- Should any part of these Terms be rendered or declared invalid by a court of competent jurisdiction, such invalidation of such part or portion of these Terms should not invalidate the remaining portions thereof, and they shall remain in full force and effect.
- These Terms shall be governed by and construed in accordance with the laws of the State of California without regard to its choice of law principles.
Please direct questions about these terms & conditions to firstname.lastname@example.org.
Updated: June 2016