Terms of Service

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.

Your Account

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
  • you have published and abide by your privacy policy that describes the collection, use and sharing of the information you collect from users of your Apps (and permits the use of our Service in accordance with these Terms).

Using the Service

We will use your ads data according to the terms of our Privacy Policy, 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.

Restriction

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.

No Warranty

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 jurisdiction.

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.

Export

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.

General

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 provisions hereof.

Unauthorized Activities

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.

Ownership

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.

Termination

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.

Indemnity

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.

Modifications

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.