Terms of Service
By using any of the software or web sites ("Service"), which includes all services of Kremsa Design, Inc. and Hitscout platform ("Kremsa" or "Hitscout"), you are agreeing to be bound by the following terms and conditions ("Terms of Service").
Kremsa reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
Violation of any of the terms below will result in the termination of your Account. While Kremsa prohibits such conduct and Content on the Service, you understand and agree that Kremsa cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
1. You must be 13 years or older to use this Service.
2. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the sign up process.
4. Your log-in may only be used by one person - a single log-in shared by multiple people is not permitted. All authorized administrators of a Facebook Fan page will have access to application editing controls.
5. You are responsible for maintaining the security of your account and password. Kremsa cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
6. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
7. If you are using a free account you are not permitted to block ads or links.
8. One person or legal entity may not maintain more than one free account.
9. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Customers may (through special agreement only) access their Kremsa account data via an API (Application Program Interface). Any use of Hitscout, including use through the API, or use of the API through a third-party product that accesses Kremsa Applications, is bound by the terms of this agreement plus the following specific terms:
1. You expressly understand and agree that Kremsa shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Kremsa has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
2. Abuse or excessively frequent requests to Hitscout via the API may result in the temporary or permanent suspension of your account's access to the API. Kremsa, in its sole discretion, will determine abuse or excessive usage of the API. Kremsa will make a reasonable attempt via email to warn the account owner prior to suspension.
3. Kremsa reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API, the service, (or any part thereof) with or without notice.
Payment, Refunds, Upgrading and Downgrading Terms
1. A valid credit card or paypal is required for all paying accounts. Free accounts may not require to provide a valid credit card number or paypal during the sign up process.
2. If you initially sign up for a Hitscout account, and you don't cancel that account before the end of the free trial period (if any), you will be billed monthly starting on the day after your trial period expires. If you cancel properly prior to the processing of your first invoice, you will not be charged.
3. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes when applicable.
5. For any upgrade or downgrade in plan level, your credit card or PayPal that you provided will automatically be charged the new rate on your next billing cycle. Your plan may be upgraded automatically based upon fan or data thresholds as set forth in the plan pricing.
6. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Kremsa does not accept any liability for such loss.
Cancellation and Termination
1. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by sending an email to support at Hitscout dot com with instructions to cancel your account, and the user name on the account. The time and date of the cancellation email will be what determines your termination date.
2. All of your Content might be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again. Your applications will remain functional through the end of the current billing period and will not be removed unless you remove them.
4. Kremsa, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Kremsa service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Kremsa reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
1. Kremsa reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the the Hitscout Site (Hitscout.com) or on the Service itself.
3. Kremsa shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
1. All content posted on the Service must comply with U.S. copyright law. Please read our Copyright Compliance Policy located at the bottom of this page.
2. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.
3. Kremsa does not pre-screen Content, but Kremsa and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
4. The look and feel of the Service is copyright of Kremsa. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without the express written permission from Kremsa.
1. Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis. We do not control the Facebook platform, the platform could become unstable, slow, or unavailable at any time.
2. Technical support is only provided to paying account holders and is only available at the service levels offered for the specific account plan that you are signed up for.
3. You understand that Kremsa uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technologies required to run the Service. We do not make service level agreements and do not assume liability for any outages or disruptions to the service.
4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Kremsa, or any other Kremsa service.
5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Kremsa.
6. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Kremsa customer, employee, member, or officer will result in immediate account termination.
8. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
9. You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
10. You must not transmit any worms or viruses or any code of a destructive nature.
11. If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Kremsa) of other Kremsa customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
12. Kremsa does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
13. You expressly understand and agree that Kremsa shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Kremsa has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
14. The failure of Kremsa to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Kremsa and govern your use of the Service, superceding any prior agreements between you and Kremsa (including, but not limited to, any prior versions of the Terms of Service).
Notification of Copyright Infringement Claims
Kremsa is committed to compliance with U.S. copyright law. Under the Digital Millennium Copyright Act (17 U.S.C. § 512), copyright owners have the right to notify Kremsa if they believe that an account user of a Hitscout application has infringed the copyright owner's work(s). Notifications of claimed copyright infringement must be submitted in writing to Kremsa's designated agent for receiving such notifications.
by mail: Kremsa Design, Inc. 87E. Green St. Suite #308, Pasadena, CA 91105
To be effective, the notification of claimed infringement must be a written communication and must include the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of such works.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit Kremsa to locate the material.
4. Information reasonably sufficient to permit Kremsa to contact the complaining party, such as an address, telephone number and if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.