Effective Jan 20, 2020
Thanks for using Leave Review. These Terms of Use (“Terms”) are a legal agreement between you and Leave.Review Ltd (“Leave Review”) and govern your use of all the text, data, information, software, graphics, photographs and more that we and our affiliates may make available to you (all of which we refer to as “Materials”), including our websites and any services, plug-ins, software or other Downloadable Tools (as defined below) that we may provide through any of our websites (the “Platform” and together with the Materials, this “Website”). The terms "us" or "we" or "our" refer to Leave Review, the owner of this Website. If you are entering into these Terms on behalf of a company or other organization, you hereby represent and warrant that you are authorized to enter into this Terms on behalf of such company or other organization.
READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS. THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH LEAVE REVIEW. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
IF YOU ARE A USER LOCATED IN THE EUROPEAN ECONOMIC AREA, SWITZERLAND OR UNITED KINGDOM, THE DATA PROCESSING ADDENDUM ACCOMPANIES THESE TERMS AND SETS FORTH OTHER TERMS OF OUR AGREEMENT THAT APPLY SOLELY TO THE EXTENT ANY INFORMATION YOU PROVIDE TO LEAVE REVIEW INCLUDES PERSONAL DATA OF INDIVIDUALS LOCATED IN THE EUROPEAN ECONOMIC AREA, SWITZERLAND AND THE UNITED KINGDOM.
SCOPE
Leave Review’s Platform facilitates online reviews. You may access and use the Platform in accordance with these Terms. Please note that these Terms govern your use of the platform, including, but not limited to, the process through which your customers write reviews.
When using the features of the Platform you are subject to any agreements, policies or guidelines applicable to such features that may be posted from time to time. All such agreements, policies or guidelines, including the Privacy Policy and are hereby incorporated by reference into these Terms.
GENERAL USE
We invite you to use this Website for your individual purposes and not for the purposes of reselling ("Permitted Purposes")
Subject to these Terms, we grant you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and a limited, personal, non-exclusive and non-transferable right to access and use the Platform following set-up of a Free Account or Paid Account as set forth below. You have no other rights in the Platform or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any portion of the Platform or the Materials in any manner. If you make copies of any portions of this Website while engaging in Permitted Purposes then we ask that you be sure to keep on the copies all of our copyright and other proprietary notices as they appear on this Website.
Subject to these Terms, we also grant you a limited, personal non-exclusive, non-transferable license to download, install and operate any plug-ins, software, information or other content that we may from time to time have specifically identified within the Website as available for download solely in connection with accessing the Platform (“Downloadable Tools”). Such Downloadable Tools are also subject to the additional terms provided to you upon download, including without limitation our End User License Agreement.
Our Website is not intended for and may not be used by individuals under 18 years of age. By registering for a Leave Review account, you promise that you are at least 18 years of age.
Cookies
We use cookies on our website to distinguish you from other users and to monitor how you use our website. For full information about how we use cookies on our website, please read our Cookies Policy.
DATA SECURITY
We will always store your digital information on secure servers. Nevertheless, the transmission of information via the internet is not completely secure. Although we will do our best to protect your information, we cannot guarantee the security of your information transmitted to our site or otherwise to our servers (such as by email). Any such transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
ACCOUNT SETUP
To use the Platform, you need to set up a Leave Review account. You may establish either a free account (“Free Account”) or a paid account (“Paid Account”). You are authorized by Leave Review to set up ONE Free Account only. Leave Review reserves the right to terminate any additional Free Accounts set up by you and any Free Accounts that have been inactive over 6 months (this is defined, but not limited to the last log in date)
When you create an account, we collect registration-related information such as name, address, e-mail and phone number. Once you submit the required registration information, we alone will determine whether or not to approve your proposed account. For so long as you use the account, you agree to provide true, accurate, current, and complete information which can be accomplished by logging into your account and making relevant changes directly. You are responsible for complying with these Terms when you access this Website, whether directly or through any account that you may setup through or on this Website. Because it is your account, it is your responsibility to obtain and maintain all equipment and services needed for access to and use of this Website as well as paying related charges. It is also your responsibility to maintain the confidentiality of your password(s), including any password of a third-party site that we may allow you to use to access this Website. Should you believe your password or security for this website has been breached in any way, you must immediately notify us.
Leave Review or our billing processors collect your billing information when you upgrade to a Paid Account. All of this registration information is protected in accordance with our Privacy Policy.
SUBSCRIPTION PERIOD AND SUBSCRIPTION FEES
You agree to pay all applicable fees related to your use of this Website and the Platform. By providing a payment method, you expressly authorize us to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals, all of which depend on your particular membership and utilized services.
The subscription period for Paid Accounts can be month-to-month, yearly, or another duration described. For Free Accounts, the subscription period is month-to-month unless earlier terminated as provided in these Terms.
Paid Accounts are subject to fees based upon the account type you've selected. For renewals, Leave Review will automatically charge your credit card the amount of the then-current fee for your type of account, plus applicable taxes. All payments are non-refundable.
To the extent that payment mechanisms are provided through third parties, you agree that Leave Review will have no liability to you arising out of the acts or omissions of such third parties.
BY CREATING A PAID ACCOUNT, YOU CONSENT TO ALLOW LEAVE REVIEW TO CHARGE YOUR CREDIT CARD, EITHER DIRECTLY OR THROUGH ITS PAYMENT PROCESSORS, FOR THE AMOUNTS DUE FOR YOUR INITIAL SUBSCRIPTION PERIOD AND FOR ADDITIONAL SUBSCRIPTION PERIODS UNTIL YOUR ACCOUNT IS CANCELED OR TERMINATED. PLEASE PRINT OUT THESE TERMS AND CONDITIONS FOR YOUR RECORDS.
RENEWAL/CANCELLATION
Paid Accounts will automatically renew for the same Subscription Period unless you cancel the account by the end of the then-current Subscription Period. You can cancel your account at any time via the subscription page in your account. Cancellation will be effective immediately. Please note that after you cancel your account, you will not be able to use or access the Platform and you will not be entitled to a refund of any fees that you've paid.
LEGAL COMPLIANCE
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. Leave Review reserves the right to investigate complaints or reported violations of our Terms and to take any action we deem appropriate, including but not limited to cancelling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, e-mail addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.
INTELLECTUAL PROPERTY
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.
ELECTRONIC COMMUNICATIONS
By using the Website, you consent to receiving electronic communications from us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to this Website. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
LINKS TO OTHER WEBSITES
Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. Leave Review has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.
UNAUTHORIZED ACTIVITIES
To be clear, we authorize your use of this Website only for Permitted Purposes. Any other use of this Website beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of this Website. This is because as between you and us, all rights in this Website remain our property.
Unauthorized use of this Website may result in violation of various laws. Unless you have written permission from us stating otherwise, you are not authorized to use this Website in any of the following ways (these are examples only and the list below is not a complete list of everything that you are not permitted to do):
• In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of this Website;
• In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
• To stalk, harass, or harm another individual;
• To impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
• To interfere with or disrupt this Website or servers or networks connected to this Website;
• To use any data mining, robots, or similar data gathering or extraction methods in connection with this Website; or
• Attempt to gain unauthorized access to any portion of this Website or any other accounts, computer systems, or networks connected to this Website, whether through hacking, password mining, or any other means.
INDEMNIFICATION
You alone are responsible for any violation of these Terms by you. You agree to indemnify and hold Leave Review, its parents, subsidiaries, affiliates, officers, agents, employees, resellers or other partners and licensors harmless from any claim, demand, loss, or damages, including reasonable lawyers’ fees, arising out of or related to your Data, or the use thereof, including but not limited to allegations that any processing of your Data by Leave Review and/or you under this Agreement violates any applicable law or regulation, or infringes the privacy or intellectual property rights of a third party, your User Content, your use of the Leave Review Properties, your violation of these terms, or your violation of any law.
INTELLECTUAL PROPERTY INFRINGEMENT
We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we have a policy of removing Submissions that violate intellectual property rights of others, suspending access to this Website (or any portion thereof) to any user who uses this Website in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the Website in violation of someone’s intellectual property rights.
If you believe your copyright or other intellectual property right is being infringed by a user of this Website, please provide written notice to our Agent for notice of claims of infringement at hello@LeaveReview
To be sure the matter is handled immediately, your written notice must:
• Contain your physical or electronic signature;
• Identify the copyrighted work or other intellectual property alleged to have been infringed;
• Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
• Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
• Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law;
• Contain a statement that the information in the written notice is accurate; and
• Contain statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.
Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received DMCA take-down notice.
In response, you may provide our Agent with a written counter-notification that includes the following information:
1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United Kingdom, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
We reserve the right, in our sole discretion, to terminate the account or access of any user of this Website who is the subject of repeated DMCA or other infringement notifications
SMS Fair Usage Policy
Only texts sent to standard mobile (cellphone) numbers in your country of residence are included in the SMS text message allowance. Texts to premium rate and international numbers are excluded from the allowance, as are texts to non-residence numbers. SMS text messages are offered subject to a fair use policy of 1 SMS per customer. If you are sending an unusual number of texts beyond what we believe is a fair use of our services you may be sent a email from Leave.Review to advise that you are using the text message system above and beyond our usage policy. We reserve the right to take action on your account if we believe the SMS message system is being used in an inappropriate way.
WARRANTY DISCLAIMER
THE WEBSITE IS PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE IS WITH YOU. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE WEBSITE, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE WEBSITE IS FREE OF PROBLEMS.
Without limiting the generality of the foregoing, we make no warranty that the Website will meet your requirements or that the Website will be uninterrupted, timely, secure, or error free or that defects in the Website will be corrected. We make no warranty as to the results that may be obtained from the use of the Website or as to the accuracy or reliability of any information obtained through the Website. No advice or information, whether oral or written, obtained by you through the Website or from us or our subsidiaries/other affiliated companies will create any warranty. We disclaim all equitable indemnities.
COMPLIANCE WITH 3RD PARTY REVIEW SITES POLICIES
Throughout this section "Compliance with 3rd Party Review Site Policies" references to "Companies" are to you, a user of the Services.
Companies using the Leave.Review Ltd platform agrees to adhere to the Terms of Service of all major review sites. Including but not limited to Google, Tripadvisor and Yelp
Review gating: Businesses using Leave.Review Ltd cannot implement any form of review gating. Review gating refers to the process where companies send a message to customers asking if their experience was positive or negative. For those who indicate they have had a negative experience are not directed to a review site.
Solicitation of reviews
Companies will fully comply with sites whose terms prohibit the solicitation of reviews, and will not misuse the Leave.Review Ltd platform to bypass review sites' policies. For example, Yelp prohibits the solicitation of reviews.
Failure to comply with 3rd Party Review site policies:
If a company attempts to circumvent the Terms of Service of 3rd party review sites, Leave.Review Ltd will notify the business and allow them 30 days to take corrective action. Should the company fail to comply within the 30-day notice period, their Leave.Review Ltd account will be suspended
ANTI-SPAM POLICY
IF YOU DO NOT ACCEPT THIS ANTI-SPAM POLICY, DO NOT USE THE SERVICES.
Our software is integrated into the spam reporting systems of major ISPs. Your compliance with this Anti-Spam Policy will help ensure that we maintain our reputation and whitelist status with major ISPs and whitelisting programs.
Throughout this Anti-Spam Policy references to "Company" are references to Leave.Review, and references to "Customer" are to you, a user of the Services.
1. DEFINITIONS.
In addition to terms defined elsewhere in this Anti-Spam Policy, the definitions below will apply to capitalized words in this Anti-Spam Policy.
A. Acceptable Use Policy" means the Company's Acceptable Use Policy as updated from time to time.
B. "Agreement" means, as applicable, either the: 1) Terms of Use Agreement, as updated from time to time; or 2) a superseding written agreement for the use of the Services executed by and between Company and Customer.
C. "Anti-Spam Laws" means all applicable Laws regulating the transmission of electronic messages.
D. "Contact(s)" means, other than Users, any identified or identifiable natural person: 1) whose information is stored, transmitted, or otherwise 'processed' (as defined by the GDPR) via the Services by Customer; and/or 2) to whom Customer sends, transmits, or otherwise engages with via the Services.
E. "Customer List" is a list of Contacts uploaded to the Services or created on or via the Services.
F. "Distribution Email Address" means an email address associated with a distribution list that enables a User to send an email to multiple recipients by sending that email to the single email address associated with the distribution list.
G. "Permission" means Permission obtained from an individual, in compliance with Section 3 below, to receive communications from Customer that was either: 1) obtained within the preceding 12 months; or 2) obtained at any time and ongoing communications have been sent to the individual over the course of the preceding 12 months.
H. "Privacy Notice" means the Company's Privacy Notice located at Leave.Review/sites/privacy.html, as updated from time to time.
I. "Spam", as used herein, is any email or other communication sent by a User: 1) to an individual who has not given the User their Permission to do so; and/or 2) is marked as "spam" or "junk" mail by the recipient.
J. "Transactional Messages" will have the meaning ascribed by applicable Laws.
K. "Transactional Email Feature" means the feature of the Services that allows a User to automatically send communications upon the occurrence of a trigger action.
2. REQUIRED CONTENT.
Unsubscribe Link. Every email sent will include an "Unsubscribe" link that allows Contacts to instantly and permanently remove themselves from the applicable Customer List. You must not contact customers who have Unsubscribed via Leave.Review
A. Contact Information. Each email must clearly and accurately identify the individual or organization that authorized the sending of the email ("Authorizing Party"). This means that if Customer is sending messages on behalf of an Authorizing Party, the Authorizing Party must be identified. For example, if a marketing agency is sending an email on behalf of its client, the client must be identified. To the extent required by Law, identification must include the correct legal name of the Authorizing Party, a registered business number, legitimate physical address, and contact details. All identification information should remain valid for at least 30 days after the email is sent.
B. Other Required Information. Customer shall ensure that communications sent through Customer's Account are truthful and subject lines that are in no way false or misleading as to the nature of the content contained in the email. All emails must state the reason the Contact is receiving the message. For example, "You are receiving this message from Widgets Company because you signed up for our email list at Widgets.com."
3. PERMISSION.
Customer Representations. Customer represents and warrants that Customer has provided all disclosures required by Law in conjunction with obtaining Contact's Permission. Customer further represents and warrants that Customer has not used any false or misleading information, names, email addresses, subject lines, or other information for or in connection with obtaining Contact's Permission.
A. Obtaining Permission. Customer must retain records of any Permission received and shall provide such documents to Company immediately upon request. Permission must be obtained in one of the ways described below. A Contact:
i. fills out or opts in via an web form subscribing to receive marketing communications from Customer; provided that the form does not contain any pre-selected fields;
ii. completes an offline form that was expressly indicating their willingness to receive marketing communications from Customer;
iii. gives Customer their business card; provided that Contact was informed that by giving the business card to Customer, Contact was indicating their willingness to receive marketing communications from Customer;
iv. has a clear relationship with Customer, as an individual that (a) pays dues or a subscription fee to belong to Customer's organization, or (b) has purchased a good or service from Customer within the preceding 12 months, in the course of which Customer obtained that Contact's email address and there is a reasonable expectation that the Contact would consent to receiving emails; or
v. otherwise provides Customer with their express written Permission to receive marketing communications from Customer.
B. Scope of Permission. Customer shall not send emails to Contacts on any topic that exceeds the scope of the topic that Contact has given Customer Permission to email them about. Where a Contact has provided Permission for specific individual or organization to contact them, that Permission may not be transferred to another individual or organization. Any Permission obtained from a Contact will be exclusive to Customer and will not extend to Customer's Affiliates, unless such Permission was also granted to such Customer Affiliate.
4. APPROVALS, RESTRICTIONS, & COMPLIANCE.
. Account Approval. Company may request specific information about Customer's Permission practices and email marketing activities prior to allowing access to Company's sending infrastructure at Company's discretion. Unless otherwise expressly agreed by Company, Customer may not send any emails using the Services until Customer's Account has been approved by a member of Company's trained compliance team. Such approval may be withheld in Company's sole discretion.
A. Bulk Uploads. Prior to any bulk and/or large Contact list uploads to the Services, Customer must obtain Company's prior written approval, which may be withheld in Company's sole discretion.
B. Company API. The Services provide API Calls ("Calls") to facilitate certain account activities without relying on the Service's main application interface. These Calls are governed by the same policies set forth herein. The Customer and its Users shall not use the API to circumvent Company's efforts to facilitate Permission- based sending via the Services. Company may dictate, in its sole discretion, permissible use of the API and Calls. Any improper use of the API, as solely determined by Company, will be grounds for immediate termination of Customer's account.
C. Prohibited Uses. There are some list collection methods, sending practices, and models of business which are irreconcilably at odds with Company's permission policy or which represent an unreasonable risk to the reputation of the Company's sending infrastructure. Customer shall not:
. mail to Distribution Email Addresses, emails addresses copied or scraped from the internet (or to Contact email addresses otherwise programmatically obtained from any physical or electronic source); newsgroups, purchased, loaned, or rented lists;
i. mail to any Contacts obtained from a third party (unless such third party specifically obtained Permission from the Contact for Customer to mail them);
ii. mail to co-promotion lists, where more than one potential sender is given access to email addresses collected without the recipient's willful, sender-specific consent;
iii. use the Transactional Email Feature to send non-Transactional Messages to Contacts unless you have Permission to do so;
iv. use the Services to administer illegal contests, pyramid schemes, chain letters, multi-level marketing campaigns, or conduct any illegal activities; and
v. take known demographic information and append it to information Customer obtains from a third party for the purpose of emailing an individual who has not otherwise provided Permission in compliance with this Anti-Spam Policy.
D. Compliance. Customer represents and warrants that Customer has complied with all Notice, disclosure, consent, and other requirements imposed by applicable Laws prior to uploading information about a Contact to Customer's Account. Customer further represent and warrants that Customer shall comply with the Acceptable Use Policy, Agreement, and all applicable Laws in connection with Customer's use of the Services.
5. COMPANY'S RIGHTS AND OBLIGATIONS.
. Contacts. Company will not use Contacts' information for any purpose other than those related to the Services and as otherwise described in the Company's Privacy Notice.
A. Monitoring. Company reserves the right to inspect and monitor Customer's Account and Customer Content at any time, without notice, to ensure compliance with the terms of this Anti-Spam Policy. In connection with the foregoing, Customer agrees to promptly provide records and/or other information requested by Company. In addition, Company reserves the right, but has no obligation, to:
. monitor and meter the number of KiloBytes of data transferred when sending email messages; and
i. monitor any and all Customer Content and Customer's use of the Services to ensure compliance with this Anti-Spam Policy.
B. Abuse Complaints & Remediation. Emails sent through the Services may generate abuse complaints from Contacts. Customer is responsible for ensuring that email sent from Customer's Accounts do not cause many abuse complaints above industry norms. If Customer's complaint rate exceeds industry norms, the Company may immediately suspend Customer's Account. If the Company sends Customer a notification requesting an explanation and tips for remediation, Customer must respond to Company's requests promptly and provide its remediation plan. If Customer is unresponsive, does not implement remediation measures following Company's recommendations within thirty (30) days of Company's notification to Customer, and/or Customer continues to experience high complaint rates (as determined by Company in its sole discretion), then Company may lock Customer's Account until the issue is resolved or until the end of the period specified by the contract.
C. Right to Terminate. Company may, in its sole discretion, remove any Customer Content, suspend, or terminate (without refund) Customer's use of the Services for any actual breach of this Anti-Spam Policy at any time. For clarity, removal, suspension, or termination pursuant to this clause will not terminate Customer's obligation to pay fees owed to Company.
ACCEPTABLE USE POLICY (AUP)
PLEASE READ THIS ACCEPTABLE USE POLICY (THE "AUP") CAREFULLY BEFORE USING ANY SERVICES AVAILABLE AT LEAVE.REVIEW (THE "SITE"). IF YOU DO NOT ACCEPT THIS AUP, DO NOT USE THE SERVICES. YOU MAY NOT USE THE SERVICES IF YOU ARE OUR COMPETITOR.
This AUP (as modified from time to time by Leave.review in its sole discretion) is a legal agreement between You ("Customer", "You", "Your") and LEAVE.REVIEW LTD("Leave.review", "Company") and defines the terms and conditions under which You are allowed to use the Services (as defined below). This AUP forms a part of the Agreement and takes effect as soon as You begin using the Services.
By using the Services, You agree that the provision and receipt of Services are expressly conditioned on the acceptance of the terms in this AUP. If You enter into this AUP or use the Services on behalf of an entity, You represent and warrant that You have the authority to accept this AUP on the entity's behalf.
In order to use the Services, You must:
· be at least 18 years old;
· complete the registration process;
· agree to this AUP; and
· provide true, complete, and up to date contact information to Company.
By using the Services, You represent and warrant that You meet all the requirements listed above. Company may refuse to provide You with the Services, suspend or close Your account, and change eligibility requirements at any time in accordance with the terms of this Agreement.
1. DEFINITIONS. In addition to terms defined elsewhere in this AUP, the definitions below will apply to capitalized words in this AUP. Capitalized words in this AUP that are not otherwise defined herein shall have the meaning ascribed in the Agreement.
A. "Agreement" means, as applicable, either the: 1) Terms of Use Agreement, as updated from time to time; or 2) a superseding written agreement for the use of the Services executed by and between Company and Customer.
B. "Cookie Notice" means the Company's Cookie Notice located at leave.review/sites/terms.html, as updated from time to time.
C. "Contact(s)" means, other than Users, any identified or identifiable natural person: 1) whose information is stored, transmitted, or otherwise 'processed' (as defined by the GDPR) via the Services by Customer; and/or 2) to whom Customer sends, transmits, or otherwise engages with via the Services. For example, a subscriber to Customer's marketing communications is a "Contact".
D. "Law(s)" means any and all applicable laws, regulations, statutes, rules, orders and other requirements of any international, federal, state or local governmental authority, including where appropriate, the Regulation 2016/679 of the European Parliament and the Council on the protection of natural persons concerning the processing of Personal Data and on the free movement of such data (the "General Data Protection Regulation" or "GDPR"). Where relevant to the Customer's or User's obligations, when assessing "applicability", Customer and User shall take into account the Governing Law in in the Agreement and the Laws relating to both the jurisdiction where User is using the Services and the jurisdiction where the Contact resides.
E. "Malicious Code" means harmful or malicious code, files, scripts, agents, programs, or the like designed or intended to have, or capable of performing or facilitating, any of the following functions: disrupting, disabling, harming, corrupting, or otherwise impeding in any manner the operation of, or providing unauthorized access to, a computer system, database, or network (or other device on which such code is stored or installed), including but not limited to viruses, worms, time bombs, and Trojan horses.
F. "Privacy Notice" means the Company's Privacy Notice located at leave.review/sites/privacy.html as updated from time to time.
G. "User" means any person, other than Company employees or agents engaged in providing support or implementation services to Customer, accessing and/or using the Services through Customer's Account.
2. CUSTOMER AND USER OBLIGATIONS.
. Customer agrees to, and where applicable, shall ensure that Users agree to:
i. keep contact information for Customer's Account updated and promptly respond to queries from Company;
ii. use reasonable efforts to prevent unauthorized access to or use of the Services, and notify Company promptly of any such unauthorized access or use;
iii. be responsible for ensuring that User's computer systems, technology, or other similar items used in connection with the Services do not interfere with or disrupt the integrity or performance of the Services; and
iv. use the Services in compliance with Laws, the Agreement, and this AUP, and the Anti-Spam Policy
A. Privacy, Cookies & Tracking Technologies. Customer understands and acknowledges that the Privacy Notice explains how the Company handles data processed by and through the Services. Customer hereby acknowledges and agrees that Company will handle data in accordance with the Privacy Notice. Customer agrees to adopt, maintain, and post a privacy notice that: 1) takes into account the data processing activities described in the Privacy Notice; and 2) complies with all requirements imposed by Laws (particularly as such notice relates to notice, consent, and disclosure in connection with the collection, sharing, and use of any information about a Contact). In addition, Customer and its Users acknowledge that the Services employ the use of cookies and similar tracking technologies ("Cookies"), as further described in Company's Cookie Notice. Accordingly, Customer represents and warrants that each Contact is provided with clear and comprehensive information about, and consents to, the storing and accessing of cookies and/or other information on the Contact's device where such activity occurs in connection. Customer and its Users shall promptly notify Company if they are unable to comply with the above obligations.
3. ACCESS LIMITS. The Services may be accessed by no more than the specified number of Users allotted to Customer's Ordering Document. User licenses cannot be shared or used by more than one User; provided, however, User licenses may be reassigned to replace former Users who no longer require ongoing use of the Services.
4. RESTRICTIONS ON USE.
. Except where the following restrictions are prohibited by Law, Customer shall not, and shall not permit any Users or third parties to, directly or indirectly:
. access or use the Services except as permitted in the Agreement and this AUP;
i. host images or content on Company servers or through the Services for any purpose other than for the purpose of using the Services;
ii. use the Services to store or transmit Malicious Code;
iii. interfere with or disrupt the integrity or performance of the Services or third party data contained therein;
iv. use the Services in any other manner that puts an excessive burden on the bandwidth of the Services;
v. hack, violate, attempt to violate, attempt to gain unauthorized access to the Services or their related systems or networks;
vi. attempt to probe, scan, or test the vulnerability of the Services or perform any penetration testing against or on the Services; or
vii. use the Service to encourage or facilitate any illegal activities; or break any Laws, including but not limited to those related to e-commerce, defamation or privacy.
A. Intellectual Property Restrictions. Customer shall not (and shall not permit any third party to):
. except as expressly permitted in writing by Company, sell, resell, rent, or lease the Services or any part of the Services;
i. remove or alter trademark, logo, copyright, or other proprietary notices or labels from the Services;
ii. copy, frame or mirror any part or content of the Services, other than in connection with Customer's permitted use of the Services for Customer's own internal business purposes;
iii. create derivative works based on the Services;
iv. reverse engineer, reverse assemble, decompile, or attempt to discover or extract the source code, object code, underlying structure, or algorithms, found at or through the Services or any software, documentation, or data related to the Services;
v. access the Services to (a) build a competitive product or Service; (b) copy any features, functions or graphics of the Services; (c) for purposes of monitoring the availability, performance or functionality; or (d) for any other benchmarking or competitive purposes. No rights are granted to Customer other than as expressly set forth in the Agreement.
B. Customer Content. Customer acknowledges and agrees that Customer is responsible for the nature and content of all of the Customer Content, including but not limited to, for the accuracy, quality, integrity and legality of the Customer Content and of the means by which Customer and its Users acquire Customer Content. Except where the following restrictions are prohibited by Law, Customer shall not, and shall not permit any Users or third parties to, directly or indirectly, use the Services to process, store, transmit, link to, display, or solicit content:
. about or relating to: individuals under 18 years of age; pornography, nudity, adult novelty items, escort services; financial information, stock trading, FOREX, mortgages and loans, insurance, debt collection, credit repair, offers to make money online or work from home businesses, payday lender related content, the production, sale, exchange, storage, or marketing of Cryptocurrencies and Initial Coin Offerings, Penny Stocks; gambling related content (including but not limited to poker, casino games, horse and dog racing, and betting on college and pro sporting events); horoscopes, dating services, daily deals, coupons, paid surveys, lead generation services, affiliate or multi-level marketing, Ponzi schemes; DJ/nightclub, event/club promotions/party lists; the selling of personal data of any kind, list brokers or list rental services; recruitment or job-seeking services; firearms, bombs, grenades, or other weapons; pharmaceuticals, drugs (illegal or otherwise), diet advice, nutritional advice, supplements; illegal goods or software (including but not limited to pirated computer programs), viruses, or any other content that Company deems inappropriate in Company's sole discretion; violence against any governments, organizations, groups, or individuals or which provides instruction, information or assistance in causing or carrying out such violence;
i. that is defamatory, libelous, offensive (including hate speech, blatant expressions of bigotry, prejudice, racism, hatred, or excessive profanity), obscene, lewd, lascivious, filthy, threatening, excessively violent, harassing, or otherwise objectionable (as determined by Company in Company's sole discretion); and/or
ii. that violates or infringes: 1) any applicable local, state, federal, and international Laws; or 2) the rights of a third party (including a third party's privacy and/or intellectual property rights).
C. Sensitive PII. Customer understands and acknowledges that the Services are not configured to process, receive, and/or store: 1) protected health information ("PHI"), as that term is defined under the Health Insurance Portability and Accountability Act ("HIPAA"); 2) "nonpublic personal information" as defined under the Gramm-Leach-Bliley Financial Modernization Act of 1999 ("GLBA"); 3) data on any minor under the age of thirteen that would be subject to the Children Online Privacy Protection Act ("COPPA"); 4) card holder data under the Payment Card Industry Data Security Standard; 5) personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation (the "special categories of personal data" identified in Article 9 of GDPR); or 6) social security numbers, driver's license or state identification number or other government related identifier, financial account numbers (i.e., credit card, checking account, savings account, etc.), medical, employment, criminal records, or insurance numbers, passport numbers, or other highly sensitive personally identifiable information, (collectively, "Sensitive PII"). As such, Customer agrees not to, and not to permit Users to, transmit, request, provide Company with access to, submit, store, or include any Sensitive PII through the Services. Customer agrees that Company may terminate this Agreement immediately, without refund, if Customer is found to violate this clause.
5. COMPANY'S RIGHTS.
. Monitoring. Company reserves the right to inspect and monitor Customer's Account and Customer Content at any time, without notice, to ensure compliance with the terms of this AUP. In connection with the foregoing, Customer agrees to promptly provide records and/or other information requested by Company. Company reserves the right to limit Customer's access to Customer's Account at any time if Company believes, in its sole discretion, that Customer or its Users have violated or may violate any terms outlined in this AUP.
A. Disclosure. Company shall have the right to disclose communications between (i) Customer and (ii) its email recipients and other users of its services to the extent required by law, including without limitation as required by legal process or court order. Company shall have no obligation to notify Customer of requests for such disclosures except as otherwise required by this AUP or the Agreement.
B. Right to Remove, Suspend, Terminate. Company may, in its sole discretion, remove any Customer Content, suspend, or terminate Customer's use of the Services for any actual or alleged breach of this AUP at any time. For clarity, removal, suspension, or termination pursuant to this clause will not terminate Customer's obligation to pay fees owed to Company.
LIMITATION OF LIABILITY
LEAVE REVIEW WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE OR YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE WEBSITE. IN NO EVENT WILL LEAVE REVIEW BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.
LEAVE REVIEW’S MAXIMUM AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THESE TERMS OR THE WEBSITE, REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO LEAVE REVIEW IN CONNECTION WITH THESE TERMS IN THE TWO (2) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (II) GBP £30.00.
LOCAL LAWS; EXPORT CONTROL
We control and operate the Website from our office in the United Kingdom and the entirety of the Website may not be appropriate or available for use in other locations. If you use the Website outside the United Kingdom, you are solely responsible for following applicable local laws.
Dispute Resolution
Most of your concerns can be resolved quickly and to everyone’s satisfaction by emailing hello@leave.review If we’re unable to resolve your complaint to your satisfaction (or if we haven’t been able to resolve a dispute we have with you after attempting to do so informally), you and we agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. You and we agree that any dispute must be brought in the parties’ individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
GENERAL TERMS
Leave Review may choose to terminate your subscription at any time by providing you with one month's written notice in advance. Leave Review may also terminate or suspend your subscription or access to all or any data immediately if:
• you breach any of these terms and do not remedy the breach within 14 days after receiving notice of the breach,
• you breach any of these terms and the breach cannot be remedied,
• you fail to pay subscription fees, or
• you or your business become insolvent, your business goes into liquidation or has a receiver or manager appointed over any of its assets, you become insolvent or make any arrangement with your creditors, or become subject to any similar insolvency event in any jurisdiction.
CHANGES
We may amend our Terms at any time by publishing revised Terms on our Website and/or by sending an e-mail to the address you gave us. The latest copies of our Terms will be posted on our Website, and you should review all Terms prior to using our Website. Continued use of this Website following notice of any such modifications indicates you acknowledge and agree to be bound by the modifications. Therefore, it is important for you to periodically review our Terms to make sure you still agree to them. If you object to any such modifications, your sole recourse will be to cease using this Website. Leave Review reserves the right to change any and all features of our Website, at any time without notice.
CONTACT US
If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at hello@leave.review
Contact and Company Information
Street Address: Leave.Review Ltd, Kemp House, 152 - 160 City Road, London EC1V 2NX.
Company registration number: 05408918