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TABLE OF CONTENTS

  1. 1. Introduction
  2. 2. Description of the Website
  3. 3. Account
  4. 4. Termination
  5. 5. Member account, username, password, and security
  6. 6. Modification of Terms
  7. 7. Intellectual Property Rights of the Company
  8. 8. Third Party websites
  9. 9. Restrictions and obligations
  10. 10. Website Rules and Conduct
  11. 11. Indemnification
  12. 12. Governing law
  13. 13. Liability Disclaimer
  14. 14. Contact Us

1. Introduction

These Terms and Conditions (hereinafter referred to as ‘Terms’, ‘Terms and Conditions’) shall manage your use of this website. These Terms shall be applied fully to your use of this website. Using the website, you consent to accept all provisions written here. You perceive that it is an agreement between you and this service (hereinafter referred to the “Aerialscoop”, “Website”, “Service”). You must not use this Website if you disagree with any provision of these Terms and Conditions. Aerialscoop is governed by Push Media B.V.: Herengracht 114 HV, 1015 BT, Amsterdam, the Netherlands.

Please read these Terms and Conditions carefully. Your access to Aerialscoop is permitted after your acceptance of and compliance with these Terms. They are applied to all users, visitors, and others who access or use this Website. By registering on Aerialscoop, you agree to be bound by legal agreement between you and this Service.

2. Description of Website

This Website is designed to provide users with an overview of all linked data sources. A user is able to subscribe and connect various data sources (for example, Google Analytics, Instagram, PayPal, Shopify). Aerialscoop pulls data from data sources and presents it back to the User in a regular email update, Aerialscoop may also communicate this information via other channels authorised by the user. By using this Service you hereinafter agree to obtain information submitted by email and other channels authorized by the user.

All visitors to our Website shall be deemed as ‘users’ of the herein contained services provided for the purpose of these Terms.

The user acknowledges and agrees that services made available and provided by Aerialscoop are the sole property of Aerialscoop (hereinafter referred to as ‘the Company’. At its discretion, the Company may offer additional services or update, modify or revise any current content and services, and this Agreement shall apply to any additional services on the Website, all updated, modified or revised services unless otherwise stipulated. The Company has the right to cancel and cease offering any of the aforementioned services on this Website. You acknowledge, accept and agree that Aerialscoop shall not be held liable for any such modifications, revisions, updates, or discontinuance of any of services. Your continued use of Aerialscoop provides your acceptance of such changes, modifications, and updates. In case you do not agree with the updated, revised or modified terms, you must stop using the provided Website forthwith.

Moreover, you understand, acknowledge and agree that Website services offered shall be provided ‘AS IS’ and the Company shall not be responsible for the timeliness, missed delivery, deletion and any failure to store user content, communication or personalization settings.

3. Account

To become a ‘member’ of the Website (by the sign up process), you must be at least 18 years of age to enter into and form a legally binding contract. In case the User is at least 13 years old, parental consent is required. In addition, you must be in good standing and not an individual that has been previously barred from receiving our Website access under the laws of the applicable jurisdiction. There are no fees charged to sign up to the base plan of Aerialscoop.

Users who wish to register with the Company’s Website are required to provide valid, current, true, complete and accurate information about themselves as prompted by registration forms provided. You consent to update your information should there be any changes, to keep registered information valid, current, true, complete and accurate. If you provide information contrary to the aforementioned conditions, we may terminate or deny you access to the Website, parts of it or our services. We are not responsible for any failure in providing the Website services, which results from information that is not valid, current, true, complete and accurate. You further confirm by registering that you have not been convicted of any offense, or subject to any court order, relating to violence, assault, sexual misconduct, etc.

The Company reserves the right to use business information at any time, for any reason. By registering, the User guarantees that he/she has legal permission from his/her company to submit company information for this purpose.

4. Advertising

The Advertiser is able, at its sole cost and expense, to create and deliver all media creative and/or other advertising materials required for advertisement ('Advertising Materials'). Advertising Materials will be displayed in the emails that go to Users.

By providing Aerialscoop with a payment method, the advertiser represents that he/she is authorized to use the payment method that he/she has provided and that any payment information the advertiser provides is true and accurate; the advertiser also authorizes Aerialscoop to charge the advertiser for the services or available content using the payment method; and authorizes Aerialscoop to charge the advertiser for any paid feature of this service that the advertiser may choose to sign up for, or use while these Terms are in force. We may bill the advertiser (a) in advance; (b) at the time of purchase; or (c) shortly after purchase.

For the term of advertisement, the advertiser hereby grants to the Service a non-exclusive, royalty-free, worldwide license to (a) use, perform and display any Advertising Materials delivered in accordance with these Terms, and (b) use all associated advertiser intellectual property in connection therewith.

Aerialscoop never shares any personal data with advertisers. The Service only allows advertisers to advertise to profiles that match the target market.

5. Termination

If you violate the provisions of these Terms and Conditions, the Company or Website members, or otherwise create risk or possible legal exposure to the Company, we can suspend or terminate your access to the Website at our sole discretion without providing you with the reason of such suspension or termination.

6. Member account, username, password, and security

When you set up your account, you are the sole authorized user of your account. As the user you are responsible for maintaining the confidentiality of your password and for all activities that transpire on or within your account. You are responsible for any act or omission of any user(s) that access your account information that would be deemed a violation of the Terms and Conditions. It shall be a responsibility to notify the Company immediately about any unauthorized access of use of your password or account or any other breach of confidentiality. If you ever find out or suspect that someone accesses your account without authorization, you are advised to inform the Company immediately. The Company is not responsible for any damage and loss arising from any failure to comply with this provision.

7. Modification of Terms

The Company possesses the right, at its sole discretion, to modify or replace the Terms and Conditions. It is the user's responsibility to check the Terms periodically for changes. Your following use of the Website after the posting of any changes to the Terms and Conditions will be subject to the new Terms and Conditions.

You agree that the clauses of Terms that are considered to be ineffective do not affect the validity of the whole document.

8. Intellectual Property Rights of the Company.

Other than the content you own, under these Terms, the Website owner and its licensors own all the intellectual property rights with regard to this Website.

You are granted a limited license only for purposes of viewing the material contained on this Website.

As a user of a member of the Website, you warrant to the Company, that you will not use the Website materials and intellectual property rights for any purpose that is unlawful or prohibited by these Terms and current legislation. You should not use the Website in any manner, which could impair, damage, disable, or overburden the Website or interfere with any other persons' use and enjoyment of the Website. You shall not attempt to obtain or obtain any materials or information through any means not intentionally provided or made available on the Website.

All content included as part of the Website, such as images, text, graphics, logos, as well as the compilation thereof, and any software used on the Website is the property of the Company or its suppliers and protected by copyright and other law that protect intellectual property rights. You agree to adhere to all copyright and other proprietary notices, or other restrictions and will not make any changes to it.

You will not create derivative works, publish, modify, transmit, reverse engineer, participate in any transfer, or in any way exploit any of the content, in whole or in part, found on the Website. The use of the Website does not entitle a user to make any unauthorized use of any protected material, and in particular, the user cannot alter, delete or reject any intellectual property rights or attribution notices in any content. You guarantee that your use of Website content is conscientious. You shall use protected material solely for your personal use and will make no other use of the content, material without the written consent of the Company. You agree that you do not obtain any ownership rights in any protected content. The Company does not provide you with any licenses, implied or express, to the intellectual property of the Company or its licensors except as expressly authorized by these Terms.

9. Third Party websites

Aerialscoop may permit you to use other websites. When you access the third-party website, you do so at your own risk. Other websites are not under the Companies control, and you acknowledge that the Company is not responsible or liable for the legality, appropriateness, content, functions, accuracy, or any other aspect of such websites. The providing of any such link does not imply affirmation by the Company or any association with its operators. You further recognize and agree that the Company shall not be responsible, directly or indirectly, for any damage or loss alleged to be caused or caused by or in connection with the use of third party websites.

By using Aerialscoop, the User hereinafter agrees to give access to specific third party services (hereinafter referred to the 'data source'). The User understands that Data Sources are governed by other companies, so that the User must follow the Privacy Policy and Terms of Use of these third party websites. The list of Data Sources is available at https://aerialscoop.com/data-sources/.

In order to store data that the User chooses to transfer to Aerialscoop, Aerialscoop may edit or modify data to build additional views or data, create dashboards, the User gives his/her consent to use his/her initial data stored in data sources.

10. Restrictions and obligations

You represent and warrant that you are (a) at least eighteen (18) years old or (b) if you are between the ages of thirteen (13) and eighteen (18), you have parental consent to accept these Terms and to use the Website.

You are restricted from all of the following:

  • sublicensing, selling and otherwise commercializing any Website material;
  • using this Website in such a way that influences user access to the Website;
  • publishing any Website content in any other media resources;
  • publicly performing and showing any Website material;
  • conduct other activity, connected with violation of Intellectual Property Rights, prescribed in these Terms;
  • using the Website in any way that is or may be damaging to the Website;
  • engaging in any data extracting, data harvesting, data mining or any other similar activity concerning the Website;
  • using the Website contrary to current applicable law and regulations, or in any way, which may cause harm to the Website, to any business entity or any person;
  • using this Website for any marketing or advertising activity.

Some areas of this Website are restricted from being accessed by you, and the Company may further deny you in access to any areas of this Website, at any time, in absolute discretion.

You agree to adhere to, without limitation, all applicable local, national and international law and regulations concerning your use of the Website and not interfere with the use of the Website by other users or with the operation and management of the Website.

11. Website Rules and Conduct

The Website is provided only for your use. You shall not use the Website for any purpose that is prohibited by these Terms and Conditions.

You should not (and should not permit any third party to) either (a) take any action or (b) download, upload, post, submit, link to or otherwise distribute or facilitate distribution of any content on or through the Website, that:

  • infringes any patent, trademark, trade secret, copyright, the right of publicity or another right of any other person or entity;
  • is abusive, unlawful, defamatory, threatening, harassing, fraudulent, libelous, tortious, deceptive, invasive of another’s privacy, profane, offensive, or obscene;
  • constitutes unsolicited or unauthorized advertising activity, bulk e-mail (‘spamming’) or junk;
  • contains software viruses or any other computer programs, codes or files, that are designed or intended to interfere with, disrupt, limit, damage the proper function of any telecommunication equipment, software, hardware, or to obtain unauthorized access to or damage any password, system, data or other information of the Company or any third party;
  • involves commercial activities and sales without Company's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  • or impersonates any entity or person, including any representative or employee of the Company.

Also, you shall not:

  • attempt to interfere or interfere with the proper working of the Website or any activities conducted on the Website;
  • take any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on the Company (or its third party providers’) infrastructure;
  • run Listserv, Maillist, any form of auto-responder or “spam” on the Website;
  • use automated or manual software, devices, or other processes to ‘crawl’ or ‘spider’ any page of the Website.
  • translate, modify or otherwise create derivative works of any part of the Website;
  • decipher, reverse engineer, decompile, disassemble or otherwise attempt to derive any source code or underlying ideas or algorithms of the Website, except to the limited extent applicable by laws specifically prohibiting such restriction;
  • copy, distribute, rent, lease, or otherwise transfer any or all of the rights that you receive hereunder.

The Company reserves the right to remove any content from the Website at any time, for any reason (including, but not limited to, upon obtaining of claims or allegations from third parties or authorities concerning such content or if the Company has concerns that you may have violated these Terms) or for no reason at all.

You shall follow all copyright notices, information, and restrictions contained in any content accessed through the Website. You shall not sell, license, publicly perform, publish, adapt, edit, rent, modify, distribute, copy, transmit, reproduce, create derivative works from, or otherwise exploit any content or third party submissions or other proprietary rights not owned by you: (a) without the consent of the respective owners and (b) in any way that violates any third party right.

You may, to the extent the Website expressly authorizes you to do so, download or copy content, and other items displayed on the Website for download, for personal use only, provided that you maintain all intellectual property and other notices contained in such content.

Please be aware that the Website may contain, or direct you to the website, which contains information that some people may consider inappropriate or offensive

12. Indemnification

The user agrees to indemnify, defend and hold harmless the Company, Website, its officers, directors, agents and third parties, employees, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising from your inability to use or use of the Website or services, any user posts made by you, your breach of any terms of these Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.

13. Governing law

These Terms are based on the laws of the Netherlands, and the parties agree to recognize the exclusive jurisdiction of the Netherlands courts. In case the member is a special subject under public law or an entrepreneur, all will be governed by the laws of registered office of the Company.

14. Liability Disclaimer

THE PRODUCTS, INFORMATION, SOFTWARE, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE TYPOGRAPHICAL ERRORS OR INACCURACIES. THE COMPANY CAN MAKE CHANGES TO THE INFORMATION HEREIN. THE COMPANY AND ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND CHANGES ON THE WEBSITE AT ANY TIME.

THE COMPANY AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE AVAILABILITY, TIMELINESS, SUITABILITY, RELIABILITY, AND ACCURACY OF THE PRODUCTS, INFORMATION, SOFTWARE, SERVICES AND RELATED SERVICES CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL THESE PRODUCTS, INFORMATION, SOFTWARE, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY AND ITS SUPPLIERS HEREBY DISCLAIM ALL CONDITIONS AND WARRANTIES CONDITIONS WITH REGARD TO THIS PRODUCTS, INFORMATION, SOFTWARE, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY SHOULD NOT BE RESPONSIBLE FOR ANY PROBLEMS WITH THE SERVER AND POTENTIAL LOSS OF THE DATABASE.

THE USER AND MEMBER UNDERSTAND THAT THE COMPANY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THIRD PARTY WEBSITES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY PUNITIVE, INCIDENTAL, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DATA OR PROFITS, DAMAGES FOR LOSS OF USE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF WEBSITE, WITH THE INABILITY OR DELAY TO USE THE WEBSITE, OR FOR ANY PRODUCTS, INFORMATION, SOFTWARE, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, WHETHER BASED ON TORT, STRICT LIABILITY, CONTRACT, NEGLIGENCE OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SINCE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE MENTIONED LIMITATION MAY NOT APPLY TO YOU. IF THE USER IS NOT SATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY PROVISIONS OF THESE TERMS AND CONDITIONS, HIS SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

15. Contact Us

Please, do not hesitate to contact us if you have questions or comments regarding the Terms:

Email Address: support@aerialscoop.com