Use of Start My Review system, including the plugin Start My Review made available through www.startmyreview.com, and wordpress.org and any content (“Start My Review Content”) made available through this website (collectively the “Services” ) is governed by these terms and conditions (the “Terms”). Please read these terms carefully before using the Services.
YOU AGREE THAT BY ACCESSING OR USING THE START MY REVIEW SYSTEM, PLUGIN OR SERVICES, OR ACCESSING ANY CONTENT ON THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES OR START MY REVIEW CONTENT.
1. License granted by Start My Review
Start My Review gives you a personal, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Start My Review as part of the Services provided to you by Start My Review. Please note that you may use this software for internal business purposes only, and only in the manner permitted by the Terms. You may not license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or the content provided by or on behalf of Start My Review through the Services (the content) in any way, except as permitted by the Terms.
2. User accounts/Personal info
In the course of using the Services, you may be required to provide Start My Review personally identifiable information, including contact information, username and password (“Privacy”). You, not Start My Review, shall be responsible for maintaining and protecting your Privacy in connection with the Services. If your contact information, or other information relating to your username or password changes, you must notify Start My Review promptly and keep such information current. You are solely responsible for any activity using your Credentials, whether or not you authorized that activity. You should immediately notify Start My Review of any unauthorized use of your Credentials or if your email or password has been hacked or stolen.
3. User-generated content
By making available any user-generated content (“User Content”) through the Site and Services, you hereby grant to Start My Review a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of the Site and the Services.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Site or Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Site or Services or you have all rights, licenses, consents and releases that are necessary to grant to Start
My Review the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your accessing, posting, submission or transmittal of the User Content or Start My Review use of the User Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Start My Review reserves the right (but shall have no obligation) to remove any or all User Content from the Services in its sole discretion. You agree to immediately take down any User Content that violates the Terms, including pursuant to a take down request from Start My Review. In the event that you elect not to comply with a request from Start My Review to take down certain User Content, Start My Review reserves the right to directly take down such User Content
4. Third Party Services/Materials
You may be able to access or use third party services, resources, content or information (“Third Party Materials”) via Start My Review. By using Start My Review to find material on the Internet, you instruct Start My Review to present portions of the data sources. You acknowledge sole responsibility for and assume all risk arising from your access to or use of any such Third Party Materials and Start My Review disclaims any liability that you may incur arising from your access to or use of such Third Party Materials or User Content via Start My Review. You acknowledge and agree that Start My Review: (a) is not responsible for the availability or accuracy of such Third Party Materials or the products or services on or available from such Third Party Materials; (b) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such Third Party Materials; (c) does not make any promises to remove Third Party Materials from being accessed through the Services. Your ability to access or link to Third Party Materials does not imply any endorsement by Start My Review of Third Party Materials or any such third party services; and (d) has no responsibility or liability for the deletion or failure to store any Third Party Materials maintained or transmitted through use of the Services.
5. Compliance with 3rd Party Review site policies
Business using the Start My Review platform agree to adhere to the Terms of Service of all major review sites. This includes but not limited to Google, Facebook, Yelp, and other review sites.
Sites prohibiting solicitation of reviews: Businesses using Start My Review will fully comply with sites such as Yelp that prohibit review solicitation, and will not misuse the Start My Review platform to bypass review sites’ policies.
Failure to comply with 3rd Party Review site policies: If a business attempts to circumvent the Terms of Service of 3rd party review sites, Start My Review will notify the business and
allow them 30 days take corrective action. Should the business fail to comply within the 30-day notice period, their account will be suspended from Start My Review.
6. Third party software
The Services incorporate certain third party software (“Third Party Software”), which is licensed subject to the terms and conditions of the third party licensing such Third Party Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Third Party Software.
7. Restrictions
You agree not to do any of the following while using the Site, Services or Start My Review Content:
Access, post, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, vulgar or offensive; (v) constitutes child pornography or child erotica; (vi) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vii) is violent or threatening or promotes violence or actions that are threatening to any other person; or (viii) promotes illegal or harmful activities or substances (including, but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances). Use, display, mirror, frame or utilize framing techniques to enclose the Site or Services, or any individual element or materials within the Site or Services, Start My Review name, any Start My Review trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without Start My Review express written consent; Access, tamper with, or use non-public areas of the Site or Services, Start My Review computer systems, or the technical delivery systems of Start My Review providers; Attempt to access or search the Site, Services or Start My Review Content or download Start My Review Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Start My Review or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera); Use any meta tags or other hidden text or metadata utilizing an Start My Review trademark, logo URL or product name without Start My Review express written consent; Use the Site, Services or Start My Review Content for the purpose of bringing an intellectual property infringement claim against Start My Review or for the purpose of creating a product or service competitive with the Services. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Start My Review Content to send altered, deceptive or false source- identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Start My Review Content; Interfere with, or attempt to interfere with, the access of any user, host or network connected to the Site or Services, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site; Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission; Impersonate or misrepresent your affiliation with any person or entity; Violate any applicable law or regulation; or Encourage or enable any other individual to do any of the foregoing.
Start My Review will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site and Services security issues, to the fullest extent of the law. Start My Review may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Start My Review has no obligation to monitor your access to or use of the Site, Services or Start My Review Content or to review or edit any User Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Start My Review reserves the right, at any time and without prior notice, to remove or disable access to any Start My Review Content and any User Content, that Start My Review, in its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Site or Services.
8. Ownership
The Site, Services and Start My Review Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Start My Review and its licensors exclusively own all right, title and interest in and to the Site, Services and Start My Review Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services or Start My Review Content. Start My Review claims no ownership interest in any Third Party Materials and expressly disclaims any liability concerning those materials.
9. Trademark
All trademarks, service marks, logos, trade names and any other proprietary designations of Start My Review used herein are trademarks or registered trademarks of Start My Review. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
10. Changes to Services or Terms
Start My Review reserves the right, in its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms, at any time.
11. Termination
Without limiting other remedies, Start My Review may at any time suspend, terminate, or refuse to provide you with access to the Site or Services
Any suspension, termination or cancellation will not affect your obligations to Start My Review under these Terms and Conditions (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
12. Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
13. Indemnification
You agree to defend, indemnify, and hold Start My Review, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with User Content, your access to or use of the Site, Services or Start My Review Content, or your violation of these Terms.
13. Entire Agreement, Governing law, Severability, Non-waiver, Assignment
These Terms, together with our Privacy and Security Policy at privacy constitutes the entire agreement between the parties relating to the Services and all related activities. These Terms shall not be modified except in writing signed by both parties or by a new posting of these Terms issued by us. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of Start My Review to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Start My Review must be in writing and shall only apply to the specific instance identified in such writing. These Terms and any action related thereto will be governed by the laws of the State of North Carolina without regard to its conflict of laws provisions.
14. Privacy
This privacy notice discloses the privacy practices for startmyreview.com. This privacy notice applies solely to information collected by this website. It will notify you of the following:
What personally identifiable information is collected from you through the website, how it is used and with whom it may be shared. What choices are available to you regarding the use of your data. The security procedures in place to protect the misuse of your information.
How you can correct any inaccuracies in the information.
Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.
Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.
Your Access to and Control Over Information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
See what data we have about you, if any. Change/correct any data we have about you. Have us delete any data we have about you. Express any concern you have about our use of your data.
Security
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for “https” at the beginning of the address of the Web page.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
