Terms of Service

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Terms

By allowing Perfect Circle Marketing to become an admin of your page, you are agreeing to be bound by these Terms and Conditions of Use, Facebook’s Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, we will not be able to help you.

Basically, don’t do anything dumb or illegal.

While using any of the applications we install on your pages:

  • You will not send or otherwise post unauthorized commercial communications (such as spam).
  • You will not collect users’ content or information, or otherwise access, using automated means (such as harvesting bots, robots, spiders, or scrapers).
  • You will not engage in unlawful multi-level marketing, such as a pyramid scheme.
  • You will not upload viruses or other malicious code.
  • You will not solicit login information or access an account belonging to someone else.
  • You will not bully, intimidate, or harass any user.
  • You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
  • You will not develop or operate a third-party application containing alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions.
  • You will not do anything unlawful, misleading, malicious, or discriminatory.
  • You will not do anything that could disable, overburden, or impair the proper working of our applications, such as a denial of service attack.
  • You will not facilitate or encourage any violations of this Statement.

Use of ShortStack on Facebook Platform

You must abide by all of the rules, regulations and policies regarding Facebook and its uses. By not adhering to your Facebook user agreement you run the risk of account termination by Facebook.  Perfect Circle Marketing does not condone or support any violation of the policies that Facebook has applied to any personal accounts or to the accounts of businesses. Perfect Circle Marketing is in no way affiliated with or sponsored by Facebook.

Use License

  1. Permission is granted to Perfect Circle Marketing, and all of its services for personal, business or corporate uses. This grants you or your company a license and under this license you may not:
    1. Copy and redistribute the materials;
    2. attempt to decompile or reverse engineer any software contained in or through the applications;
    3. remove any copyright or other proprietary notations from the materials; or
    4. transfer the materials or inner workings to another person or “mirror” the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Perfect Circle Marketing at any time. Upon termination of this license or agreement, you must destroy any materials that you possess (electronic or otherwise).

Payment, Refunds, Upgrading and Downgrading

You can cancel, upgrade or downgrade at any time, but we don’t normally offer refunds when you cancel.

If you are unsatisfied with your experience or you feel that signing up was a mistake then you can cancel anytime.

We are required to provide a refund only if we terminate our Services to you without cause before the end of a billing period for which you have paid. There is no other circumstance in which you will be entitled to a refund from us. We may, at our sole discretion, offer refunds in other situations subject to any Member seeking such refund and applying for the refund in accordance with the requirements we post on the website, which may be changed from time to time.

A valid credit card is required for paying accounts. You are billed in advance on a monthly basis in accordance with our pricing schedule and all payments are non-refundable. There will be no refunds or credits for partial months of Service. You will be billed for your first month immediately upon signing up for a paying account, and each month thereafter, on the same day of the month on which you first signed up.

When you upgrade, you will be charged the difference between the new plan and the old plan until your next billing cycle.

When you downgrade, you will be charged the difference between the new plan and the old plan until your next billing cycle.

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. You agree to pay for any such taxes that might be applicable to your use of the Service and payments made by you herein.

DOWNGRADING YOUR ACCOUNT MAY CAUSE THE LOSS OF CONTENT, FEATURES, OR CAPACITY OF YOUR ACCOUNT. PERFECT CIRCLE MARKETING DOES NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.

Violation of these Terms of Service

Perfect Circle Marketing reserves the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law.  Perfect Circle Marketing may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Service. You acknowledge that Perfect Circle Marketing has no obligation to pre-screen or monitor your access to or any information, materials or other content provided or made available through the Perfect Circle Marketing Site, but has the right to do so. You hereby agree that Perfect Circle Marketing may, in the exercise of Perfect Circle Marketing’s sole discretion, remove or delete any entries, information, materials or other content that violates these Terms of Service or that is otherwise objectionable.

Cancellation

You are solely responsible for properly canceling your account.   An email or phone request to cancel your account shall not result in cancellation. You must remove all applications on your page if we no longer have administrator access, or by writing Perfect Circle Marketing a letter to the following address:

201 W Lexington Ave #301 Independence, MO 64050

Any cancellation of your Account will result in the deactivation or deletion of your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from Perfect Circle Marketing once your account is canceled. Please be aware that Perfect Circle Marketing may for a time retain residual information in our backup and/or archival copies of our database. We will make reasonable commercial efforts to delete your information as soon as possible after you communicate that intention to us.

Cancellations will take effect immediately and you will not be provided any refund for unused time in your Service period.

Definition of “Unlimited”

Uploaded media is intended for use by the user’s Facebook tabs, or any communication that originates from the user’s Facebook tabs. We reserve the right to transfer your account to a custom plan if resource consumption is disproportionate to typical users on the same plan.

Specific items not allowed with any plan for that matter:

  • Copyrighted content to which you do not hold usage or distribution rights.
  • File upload / sharing / archive / backup / mirroring / distribution sites.
  • Making your account resources available (whether for free or pay) to the general public.
  • Abusive scripts/Processes
  • Adult content
  • Personal backups
  • Spamming

Termination

Perfect Circle Marketing  in its sole discretion, has the right to suspend or terminate your Account if (1) you breach these Terms of Service or (2) your bandwidth usage significantly exceeds the average bandwidth of other users of the Service. In each such case Perfect Circle Marketing may refuse to provide you any current or future use of the Perfect Circle Marketing services. Any termination of your Account 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. This information cannot be recovered from Perfect Circle Marketing once your account is terminated; however Perfect Circle Marketing may for a time retain residual information in our backup and/or archival copies of our database.

Perfect Circle Marketing reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Perfect Circle Marketing site and Prices

We don’t like changing our prices, but if we have to, we’ll give you lots of notice before we do.

  • Perfect Circle Marketing reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services (or any part thereof) with or without notice.
  • Prices of all Perfect Circle Marketing plans, including but not limited to monthly subscription plan fees to the Perfect Circle Marketing plans are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Perfect Circle Marketing Site.
  • Perfect Circle Marketing shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Perfect Circle Marketing Site.
  • Perfect Circle Marketing 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 Perfect Circle Marketing Site, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Perfect Circle Marketing Site after any such changes shall constitute your consent to such changes.

Copyright and Content Ownership

We claim no intellectual property rights over the material you provide to the Perfect Circle Marketing Site. 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 any Content.

Perfect Circle Marketing does not pre-screen Content, but Perfect Circle Marketing 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 Perfect Circle Marketing Site.

Disclaimer of Warranties

THE SERVICES, AND ALL MATERIALS, INFORMATION, AND SERVICES INCLUDED IN THE PERFECT CIRCLE MARKETING SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER. PERFECT CIRCLE MARKETING AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. PERFECT CIRCLE MARKETING AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. PERFECT CIRCLE MARKETING 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 PERFECT CIRCLE MARKETING SITE WILL BE CORRECTED. PERFECT CIRCLE MARKETING AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH THE SERVICES. PERFECT CIRCLE MARKETING AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PERFECT CIRCLE MARKETING.COM SITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE PERFECT CIRCLE MARKETING SITE.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE CONTENT ON THE PERFECT CIRCLE MARKETING SITE AND THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR LOSS OF DATA THAT RESULTS FROM THE SUBMISSION OR DOWNLOAD OF SUCH CONTENT.

Technical support is only provided to paying account holders and is only available via email or our Support Forum. We will use commercially reasonable efforts to respond within a reasonable amount of time during regular business hours.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitations of Liability

UNDER NO CIRCUMSTANCES SHALL PERFECT CIRCLE MARKETING OR ITS LICENSORS BE LIABLE TO YOU ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SERVICES OR PERFECT CIRCLE MARKETING SITE ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PERFECT CIRCLE MARKETING OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES OR PERFECT CIRCLE MARKETING SITE, FROM INABILITY TO USE THE SERVICES OR PERFECT CIRCLE MARKETING SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR PERFECT CIRCLE MARKETING SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR PERFECT CIRCLE MARKETING SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE PERFECT CIRCLE MARKETING SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall Perfect Circle Marketing or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Revisions and Errata

The materials appearing on Perfect Circle Marketing could include technical, typographical, or photographic errors. Perfect Circle Marketing does not warrant that any of the materials on Perfect Circle Marketing are accurate, complete, or current. Perfect Circle Marketing may make changes to the materials contained on Perfect Circle Marketing and its web site at any time without notice. Perfect Circle Marketing does not, however, make any commitment to update the materials.

Links

Perfect Circle Marketing has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Perfect Circle Marketing of the site or application. Use of any such linked web site is at the user’s own risk.

Site Terms of Use Modifications

Perfect Circle Marketing reserves the right to grow and adapt, meaning that we may revise these terms of use for Perfect Circle Marketing at any time without notice. By using Perfect Circle Marketing you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Governing Law

Any claim relating to Perfect Circle Marketing web site or application shall be governed by the laws of the State of  Missouri without regard to its conflict of law provisions.

Questions?

Questions about the Terms of Service should be addressed to terms@Perfect Circle Marketing.com or by mail at: Perfect Circle Marketing: 201 W Lexington Ave #301 Independence, MO 64050

Questions about billing should be addressed to billing@perfectcirclemarketing.com

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