1. Introductions
Thanks for choosing Contentmarketingup (“Contentmarketingup”, “we”, “us”, “our”). By using the Contentmarketingup service, websites, or software applications (together, the “Contentmarketingup Service” or “Service”), including by purchasing or receiving Codes or Limited Offers, you are entering into a binding contract with our local company in your country of residence (your “Local Country”) if applicable or the company listed in this chart. Your agreement with us includes these Terms and Conditions of Use (“Terms”) and our Privacy Policy (together with the Mobile Terms where applicable, the “Agreements”). If you don’t agree with these Terms, then please don’t use the Service.
We’re pleased to make our Service available to you. The Contentmarketingup Service includes social and interactive features.
In order to use the Contentmarketingup Service, you need to (a) be 18 or older, or be 13 or older and have your parent or guardian’s consent to these Terms, (b) have the power to enter a binding contract with us and are not barred from doing so under any applicable laws, and (c) be resident in the Local Country. You also warrant that any registration information that you submit to Contentmarketingup is true, accurate and complete, and you agree to keep it that way at all times.
2. Changes to the Agreements
Occasionally we may, in our discretion, make changes to the Contentmarketingup Service and Agreements. When we make changes to the Agreements that we consider material, we’ll notify you through the Service. By continuing to use the Service after those changes are made, you are expressing and acknowledging your acceptance of the changes.
3. Enjoying Contentmarketingup
Here’s some information about all the ways you can enjoy Contentmarketingup
3.1 Codes and other Limited Offers
If you have purchased a code sold by or on behalf of Contentmarketingup for access to the Unlimited Service or Premium Service for the time period indicated on your email, card or paper receipt (“Code”), or if you are accessing the service through some other limited offer which you received or purchased from Contentmarketingup (“Limited Offer”), these Agreements apply to your access to the Service. Any separate sets of terms and conditions presented to you along with the Code or other Limited Offer also apply to your access to the Service using the Code or Limited Offer.
Subject to any rights you may have under Section 12, Codes are only redeemable in the country where you purchased such Code, not redeemable for cash and may not be returned for a cash refund, exchanged, resold or used to purchase other Codes.
3.2 Trials
From time to time, we may offer trials of the Premium Service and/or Mobile Service for a specified period without payment (a “Trial”). Contentmarketingup reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and to withdraw or to modify a Trial at any time without prior notice and with no liability.
For some Trials, we’ll require you to provide your payment details to start the Trial. At the end of such Trials, we may automatically start to charge you for the Premium Service on the first day following the end of the Trial, on a recurring monthly basis. By providing your payment details in conjunction with the Trial, you agree to this charge.
4. Licence and assignment
The Contentmarketingup Service and the content provided through it are the property of Contentmarketingup or Contentmarketingup’s licensors, and we grant you a limited, non-exclusive, revocable licence to make personal, non-commercial use of the Contentmarketingup Service and to receive the media content made available through the Contentmarketingup Service in your Local Country, based on the Subscription or Trial you have selected (the “Licence”). This Licence shall remain in effect for a period of 20 years unless terminated by you or Contentmarketingup.
The Contentmarketingup software applications are licensed, not sold, to you, and Contentmarketingup retains ownership of all copies of the Contentmarketingup software applications even after installation on your Devices. Contentmarketingup may assign these Agreements or any part of them without restrictions. You may not assign these Agreements or any part of them, nor transfer or sub-licence your rights under this Licence, to any third party.
All Contentmarketingup trademarks, service marks, trade names, logos, domain names, and any other features of the Contentmarketingup brand are the sole property of Contentmarketingup. This Licence does not grant you any rights to use the Contentmarketingup trademarks, service marks, trade names, logos, domain names, or any other features of the Contentmarketingup brand, whether for commercial or non-commercial use.
Third party software libraries included in the Contentmarketingup Service are licensed to you either under these Terms, or under the relevant third party software library’s licence terms as published in the help or settings section of our desktop and mobile client and on our website.
5. Consideration
In consideration for the rights granted to you under these Terms, you grant us the right (a) to allow the Contentmarketingup Service to use the processor, bandwidth and storage hardware on your Device in order to facilitate the operation of the Service, (b) to provide advertising and other information to you, if you subscribe to the Free Service, and (c) to allow our business partners to do the same.
You grant Contentmarketingup a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, worldwide licence to use, reproduce, make available to the public, publish, translate and distribute any User Content that you post on or otherwise provide through the Contentmarketingup Service.
These Terms are not intended to grant rights to anyone except you and Contentmarketingup, and in no event shall these Terms create any third party beneficiary rights. Any failure by Contentmarketingup to enforce these Terms or any provision thereof shall not waive Contentmarketingup’s right to do so.
6. User Guidelines
We’ve established a few ground rules for you to follow when using the Service, to make sure Contentmarketingup stays enjoyable for everyone. Please follow these rules and encourage other users to do the same.
Contentmarketingup respects intellectual property rights and expects you to do the same. This means, for example, that the following is not permitted: (a) Copying, reproducing, “ripping”, recording, or making available to the public any part of the Contentmarketingup Services or content delivered to you via the Contentmarketingup Services, or otherwise any making use of the Contentmarketingup Service which is not expressly permitted under these Terms; (b) using the Contentmarketingup service to import or copy any local files you do not have the legal right to import or copy in this way; (c) reverse-engineering, decompiling, disassembling, modification or creating derivative works based on the Contentmarketingup Services or any part thereof; (d) circumventing any technology used by Contentmarketingup, its licensors, or any third party to protect content accessible through the Service; (e) renting or leasing of any part of the Services; (f) circumventing of any territorial restrictions applied by Contentmarketingup; (g) artificially increasing play count or otherwise manipulating the Services by using a script or other automated process; (h) removing or altering any copyright, trademark or other intellectual property notices contained on or provided through the Contentmarketingup Service; (i) providing your password to any other person or using any other person’s user name and password.
Please respect Contentmarketingup and other users of the Contentmarketingup Service. Don’t engage in any activity on the Service or upload User Content, including registering and/or using a username, which is or includes material that (a) is offensive, abusive, defamatory, pornographic or obscene; (b) is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to, violations of intellectual property rights, privacy rights or proprietary rights of Contentmarketingup or a third party; (c) includes personal data of third parties or is intended to solicit such personal data, (d) includes malicious content such as malware, trojan horses or viruses, or otherwise interferes with any user’s access to the Service; (e) is intended or does harass or bully other users; (f) impersonates or misrepresents your affiliation with another user, person or entity, or is otherwise fraudulent, false, deceptive, or misleading; (g) uses automated means to artificially promote content; (h) involves the transmission of unsolicited mass mailing (“spam”), junk mail, chain letter, or similar, including through the Contentmarketingup inbox; (i) involves commercial or sales activities, such as advertising, contests, sweepstakes, or pyramid schemes; (j) promotes commercial products or services; (k) interferes with the Contentmarketingup Service, tampers with or attempts to probe, scan, or test for vulnerabilities in the Service or Contentmarketingup’s computer systems or network, or breaches any of Contentmarketingup’s security or authentication measures, or (l) conflicts with the Agreement, as determined by Contentmarketingup. You agree that Contentmarketingup may also reclaim your username for any reason.
Please be thoughtful about what you make public on Contentmarketingup. The Contentmarketingup Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public, as further described in your account settings. Remember that shared or publicly available information may be used and re-shared by other users on Contentmarketingup or across the web, so please use Contentmarketingup carefully and manage your account settings regularly. Contentmarketingup has no responsibility for your choices to make any actions or material public on the Service.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.
7. Copyright infringement
Contentmarketingup respects the rights of intellectual property owners. For details on Contentmarketingup’s copyright policy, please click here.
8. Technology limitations and modifications
Contentmarketingup will make reasonable efforts to keep the Contentmarketingup Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Contentmarketingup reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Contentmarketingup Service, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the Contentmarketingup Service or any function or feature thereof. You understand and agree that Contentmarketingup has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service.
9. Export control
Contentmarketingup’s products may be subject to U.S. export and reexport control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You warrant that you are (1) not located in Cuba, Iran, North Korea, Sudan, or Syria, and (2) are not a denied party as specified in the regulations listed above.
You agree to comply with all applicable export and reexport control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Contentmarketingup under these Agreements to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. This export control clause shall survive termination or cancellation of these Agreements.
10. Payments, cancellations and cooling off
If you reside in a Local Country which is part of the European Union and have purchased a Paid Subscription or Code online, you have the right to change your mind and receive a full refund within fourteen (14) days of purchase (the “Cooling-off Period”), but only if you have not logged in or otherwise redeemed or started to consume them.
If you cancel your payment and/or terminate the Terms after the Cooling-off Period is over (where applicable), and/or before the end of the subscription period, we will not refund any subscription fees already paid to us.
Contentmarketingup may change the price for the Paid Subscriptions from time to time, and will communicate any price changes to you. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. By continuing to use the Contentmarketingup Service after the price change takes effect, you accept the new price.
11. Term and termination
These Terms will continue to apply to you until terminated by either you or Contentmarketingup. Contentmarketingup may terminate the Terms or suspend your access to the Contentmarketingup Service at any time, including in the event of your actual or suspected unauthorised use of the Contentmarketingup Service or non-compliance with the Terms. If you or Contentmarketingup terminate the Terms, or if Contentmarketingup suspends your access to the Contentmarketingup Service, you agree that Contentmarketingup shall have no liability or responsibility to you and Contentmarketingup will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your Contentmarketingup account, please contact us through the Customer Service contact form.
11. Warranty
We endeavor to provide the best service we can, but you understand and agree that THE CONTENTMARKETINGUP SERVICE IS PROVIDED “AS IS”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE CONTENTMARKETINGUP.COM SERVICE AT YOUR OWN RISK. CONTENTMARKETINGUP.COM DISCLAIMS ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. In addition, Contentmarketingup does not warrant, endorse, guarantee or assume responsibility for any Third Party Applications, Third Party Application content, User Content, or any other product or service advertised or offered by a third party on or through the Contentmarketingup Service or any hyperlinked website, or featured in any banner or other advertising. You understand and agree that Contentmarketingup is not responsible or liable for any transaction between you and third-party providers of Third Party Applications or products or services advertised on or through the Contentmarketingup Service. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from Contentmarketingup shall create any warranty on behalf of Contentmarketingup in this regard. Some aspects of this section may not apply in some jurisdictions.
