Effective: October 12, 2014
These terms and conditions (“Terms”) govern and apply to your access and use of Audience Intersect, our online data analytics and
reporting products and services, which is made available by Fanrock via this website (our “Service”). By accessing
or using our Service, you are agreeing to these Terms. Certain services may be subject to additional terms, guidelines
or rules, which will be available with those relevant services, and those additional terms become part of these Terms
when you use those services.
Signup and login for Audience Intersect is done via the Facebook login flow. By logging in and granting ads_management permission, you authorize Audience Intersect to edit your ads to add audience intersections.
By creating an account, you represent that:
- all registration and other information you provide is (and will stay) current, complete and accurate;
- you are the legal owner (or an authorized employee or agent) of Facebook account
for which the Service will be provided;
- you have the authority to accept these Terms (as the owner of the Apps or as an authorized employee or
agent) and are of legal age to agree to these Terms;
- use of our Service with your ads will not violate any applicable law or regulation or these Terms; and
the information you collect from users of your Apps (and permits the use of our Service in accordance with these Terms).
Using the Service
, which describes how we collect, use and disclose the data and information accessed and/or collected and analyzed through your use of our Service.
You may use the Audience Intersect Tool, (the “Software”), in accordance with the terms and conditions of this Agreement.
You may use the Service solely for your own internal use, and may not make the Service available to any third party.
You may not alter, merge, modify or adapt the Software in any way including reverse engineering, disassembling or
decompiling. You may not sell, distribute, loan, rent, lease, license or otherwise transfer the Software or any copy;
except, you may permanently transfer the Software (including all prior versions) provided you transfer the License
Agreement and all documentation and media and you do not retain any copies.
Intellectual Property Rights
All intellectual property rights in the Software and user documentation are owned by Fanrock or its suppliers and are
protected by applicable intellectual property laws (including patent, trademark and copyright laws) and international
treaty provisions. Fanrock retains all rights not expressly granted.
The Software is provided “As Is.” Fanrock makes no warranty, representation, promise or guarantee, either
express or implied, statutory or otherwise, with respect to the Software, user documentation or related
technical support, including their quality, performance, merchantability or fitness for a particular purpose.
The warranty set forth herein are exclusive and in lieu of all others, oral or written, express or implied. This
warranty gives you specific legal rights, and you may also have other rights which vary from jurisdiction to
Limitation of Liability
In no event will Fanrock or any of its licensors be liable for indirect, special, incidental, tort, economic, cover
or consequential damages arising out of the use of or inability to use Fanrock (or any of its licensors’)
products or services, including, without limitation, damages or costs relating to the loss of profits, business,
goodwill, data or computer programs, even if advised of the possibility of such damages. In no case shall
Fanrock’ or any its licensors’ liability exceed the greater of the amount actually paid by you for the Software
or U.S. $5.00. Some states, provinces and other jurisdictions do not allow the exclusion or limitation of implied
warranties or limitation of liability for incidental or consequential damages, so the above exclusion or limitation may
not apply to you. However, in appropriate jurisdictions, Fanrock limits its liability, according to the terms of this
Agreement, to the extent permissible by law.
You agree that you will not use, license, transfer or otherwise dispose of the Software or documentation in violation
of U.S. and/or foreign or local export laws, including, without limitation, the laws and regulations administered by
the United States Department of Commerce and the United States Department of State.
This Agreement will be governed by the laws of the United States of America. In no event shall the United Nations
Convention on Contracts for the International Sale of Goods apply to this License Agreement. If any provision of
this License Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the
extent necessary to make it enforceable, and such provision shall not affect the enforceability of the remaining
You may not do any of the following while using or accessing the Service:
- attempt to access, interact or search the Service or download information from the Service through the use
of any automated engine, software, tool, agent, device or mechanism other than as permitted or provided by us;
- interfere with or damage our Service, our computer systems, or our delivery systems;
- use the Service for the benefit of any third party (for which you are not authorized) or in any manner not permitted by these Terms;
- violate any applicable law or regulation or the rights of others; or
- encourage or enable someone to do any of the foregoing.
Our Service is protected by copyright, trademark, and other intellectual property rights under the laws of the
United States and other countries. Except as provided in these Terms, we own all right, title and interest in
and to the Service, including all associated intellectual property rights. If you provide any suggestions, ideas,
feedback, or recommendations to us regarding our Service (“Feedback”), we may use this Feedback for any purpose
and without any obligation to you. By providing us with Feedback, you grant us a worldwide, perpetual, irrevocable,
fully-paid and royalty-free license to use and exploit in any manner any such Feedback.
You may terminate your account at any time and for any reason by deleting your account or by sending us a notice. If you breach any of the terms of these Terms, we have the right to suspend or disable your access to or use of the Service.
You agree to indemnify, hold harmless and defend Fanrock, its officers, directors, employees, agents and
affiliates, from any third-party claims, actions, proceedings, and suits and all related liabilities, damages,
settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees
and other litigation expenses) arising out of or relating to (i) your unauthorized use of the Service, or (ii)
your violations of applicable laws, rules or regulations or the rights of any person or third party, in connection
with your use of the Service and/or your Apps.
Disclaimer and Limitation of Liability
You understand and agree that the Service is provided to you “AS IS” and on an “AS AVAILABLE” basis. Without
limiting the foregoing, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES (MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT), AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no
warranty that the Service will meet all of your requirements or be available on an uninterrupted, secure, or
error-free basis. TO THE EXTENT PERMITTED BY LAW, WE WILL NOT BE RESPONSIBLE FOR ANY LOST PROFITS, REVENUES, OR
DATA, FINANCIAL LOSSES OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES AND OUR TOTAL
LIABILITY FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO $100.
Our Service may change and/or we may stop providing the Service (or features within the Service), from time to
time and possibly without prior notice to you. We may modify these Terms or introduce additional terms that apply
to the Service, at any time, by posting a notice on our website or by otherwise notifying you. Changes will not
apply retroactively, but your continued use of the Service will constitute your acceptance of the new terms. If
you do not agree with the new terms, you can terminate your account and stop using the Service.