1. Policies
  2. Terms of Use

Date of Last Revision: October 25, 2016

We maintain Fervora as a service to our users. By using Fervora, you agree to comply with and be bound by these Terms of Use. Please review the following terms carefully. If you do not agree to these terms, you have no right to obtain information from or otherwise use Fervora.

Changes

Fervora reserves the right to update, suspend, discontinue, change or otherwise modify these Terms of Use at any time. When changes are made, notification will be made through Fervora, the Fervora blog or email. Your continued use of Fervora after such notice will constitute your acceptance of the updated Terms of Use and you will be bound to comply with the updated Terms of Use.

Privacy

Your privacy is very important to us. Please read our Data Policy for important disclosures on the data we collect and how we can use your content and information.

Sharing Your Content and Information

You own all of the content and information that you post to Fervora. In addition:

  1. For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Fervora (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
  2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
  3. When you publish content or information, it means that you are allowing everyone, including people off of Fervora, to access and use that information, and to associate it with you (i.e., your name and profile picture).
  4. We appreciate your feedback or other suggestions about Fervora, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).

Safety

We do our best to keep Fervora a safe platform, but we cannot guarantee it. We need your help keeping Fervora safe, which includes the following commitments by you:

  1. You will not collect users' content or information, or otherwise access Fervora, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
  2. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Fervora.
  3. You will not upload viruses or other malicious code.
  4. You will not solicit login information or access an account belonging to someone else.
  5. You will not bully, intimidate, or harass any user.
  6. You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
  7. You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
  8. You will not use Fervora to do anything unlawful, misleading, malicious, or discriminatory.
  9. You will not do anything that could disable, overburden, or impair the proper working or appearance of Fervora, such as a denial of service attack or interference with page rendering or other Fervora functionality.
  10. You will not facilitate or encourage any violations of these terms and conditions or our policies.

Registration

To actively participate in Fervora, you must be at least 18 years of age. If requested by Fervora, you must supply a valid tax identification number, which would be a social security number for individuals or a federal tax identification number for corporations and/or business entities.

Additionally, here are some commitments you make to us relating to registering and maintaining the security of your account:

  1. You will not provide any false personal information on Fervora, or create an account for anyone other than yourself without permission.
  2. You will not create more than one personal account.
  3. If we disable your account, you will not create another one without our permission.
  4. You will not use Fervora if you are under 18.
  5. You will not use Fervora if you are a convicted sex offender.
  6. You will keep your contact information accurate and up-to-date.
  7. You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
  8. You will not transfer your account (including any Fervor you administer) to anyone without first getting our written permission.
  9. If you select a username or similar identifier for your account or Fervora, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).

Protecting Other People's Rights

  1. We respect other people's rights, and expect you to do the same.
  2. You will not post content or take any action on Fervora that infringes or violates someone else's rights or otherwise violates the law.
  3. We can remove any content or information you post on Fervora if we believe that it violates these Terms of Use or our policies.
  4. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
  5. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
  6. You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted by our Limited Right to Use terms or with our prior written permission.
  7. If you collect information from users, you will: obtain their consent, make it clear you (and not Fervora) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
  8. You will not post anyone's identification documents or sensitive financial information on Fervora.

Special Provisions Applicable to Influencers

If you are an Influencer on Fervora, you agree to our Influencer Terms of Use.

Special Provisions Applicable to Fervora Campaigns

If you create or administer a Fervora Campaign on Fervora, you agree to our Fervora Campaign Terms of Use.

Links to Other Web Sites

Fervora contain links to third-party web sites. Fervora does not control or monitor such web sites on a regular basis. Fervora is not responsible for the computer programs available from, content in or opinions expressed at such web sites. Fervora provides such third-party links only as a convenience to visitors and users of Fervora, and the inclusion of a link does not imply approval or endorsement of the linked site by Fervora. If you decide to leave Fervora and access any third-party web site, you do so at your own risk.

Press Releases and Information

From time to time Fervora will contain certain press releases, testimonials, interviews and discussions (collectively, "Information") about us, our business and services, including links to certain third-party websites that may contain such Information. While all Information on Fervora is believed to be accurate when prepared, Fervora disclaims any duty to monitor or update any such Information. Statements regarding other companies other than Fervora in such Information, should not be relied upon as being accurate or endorsed by Fervora.

Limited Right to Use

The using, printing, viewing, or downloading of any graphic, content, form or document from Fervora grants you only a revocable, nonexclusive license for use solely by you for purposes limited to the uses for Fervora, and by those who have agreed to these Terms of Use. All other uses of Fervora will be as is reasonably required to view content and navigate through the pages and links available to the public using a standard Internet browser. None of the programs, content, forms, graphics or documents shall be used for republication, distribution, assignment, sub-license, sale, preparation of derivative works or other use. No part of any content, graphic, form or document may be incorporated into any information retrieval system, other Influencer system, or any other system that is not owned by Fervora.

Copyright

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to Fervora and the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of Fervora and the Site, except as allowed under "Limited Right to Use" above, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through Fervora or the Site.

Warranty and Disclaimer

Fervora warrants the computer programs, information and other content available on Fervora are accurate and functional "as-is" to the best of Fervora’s ability. ALL OTHER WARRANTIES ARE DISCLAIMED. THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY ORAL OR WRITTEN REPRESENTATIONS, PROPOSALS OR STATEMENTS MADE ON OR PRIOR TO THE DATE OF USAGE.

Limitation of Liability, Indemnification

Fervora will not be liable to you for special, indirect or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), incurred or suffered by you arising as a result of or related to the performance of Fervora, accuracy of content or Fervora information, whether in contract, tort or otherwise, even if Fervora has been advised of the possibility of such loss or damages. You will indemnify and hold Fervora harmless against any claims incurred by Fervora arising out of or in conjunction with breach of these Terms of Use, as well as all reasonable costs, expenses and attorneys’ fees incurred therein.

Definitions

  1. By "Fervora" we mean the features and services we make available, including through (a) our website at www.fervora.com and any other Fervora branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins such as the Like button, the Share button and other similar offerings; and (d) other media, brands, products, services, software (such as a toolbar), devices, or networks now existing or later developed. Fervora reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms and not these Terms of Use.
  2. By "Platform" we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from Fervora or provide data to us.
  3. By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with Fervora.
  4. By "content" we mean anything you or other users post, provide or share using Fervora.
  5. By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from Fervora or provide to Fervora through Platform.
  6. By "post" we mean post on Fervora or otherwise make available by using Fervora.
  7. By "Influencer" we mean a user who has signed up to promote a brand, entity (place or organization), or public figure through Fervora.
  8. By "Fervora Campaign" we mean the Fervora functionality that allows a brand, entity (place or organization), or public figure to promote their brand, entity (place or organization), or public figure through their relationship's with Influencer's.
  9. By "Fervora Campaign Owner" we mean the owner of a brand, entity (place or organization), or public figure that is being promoted through a Fervora Campaign.
  10. By "Fervora Campaign Tracking Code" we mean the tracking code placed on the websites or software applications of a brand, entity (place or organization), or public figure that is running a Fervora Campaign.