We provide a suite of custom Facebook (Landing Pages, Motion Posts, Image Ads and Analytics) creation solutions through our Site at http://www.tabfu.com and any other related websites, tool-bars, widgets, applications or other distribution channels we may, from time to time, operate (collectively, the “Services”). You may use the Services for your personal and business use or for internal business purpose in the organization that you represent.
Our Trial service is offered to you free of charge. Additional Services are available on monthly, quarterly and yearly subscription plans etc. (” Paid Services”). When you subscribe for Paid Services, the seller of these services and the party you are contracting with is Saas World Inc. Your subscription is billed in advance and will be automatically renewed at the end of each subscription period unless you inform us that you do not wish to renew the subscription. Subscriptions are non-refundable after the first 30-Day period. The subscription fee will be charged to the Payment Method (defined below) last used by you. If you would like the payment for the renewal to be made through a different Payment Method or if you do not wish to renew the subscription, you agree to inform us, at least, seven (7) days prior to the renewal date. We reserve the right to change the subscription fee and to charge for use of Services that are currently available free of charge. Any changes to fees for Paid Services that are not temporary or promotional will be effective thirty (30) days after we provide you with notice by posting such changes on the Site or at service itself. The changes shall only apply prospectively to the Paid Services you’ve purchased. You will not be charged for using any Service unless you have opted for a paid subscription plan. Information on the subscription options and charges for all paid Services is available at http://www.tabfu.com/pricing/ & http://www.tabfu.com/services/. Unless otherwise stated, all fees are quoted in U.S. Dollars.
You are responsible for paying all fees and applicable taxes associated with the Paid Services in a timely manner with a valid payment method. You authorize TabFu to charge your credit card, charge card, debit card, PayPal, or financial institution account (herein “Payment Method”) for all charges to your accounts with TabFu. When you provide a Payment Method to us, you confirm that you are permitted to use that Payment Method. You also authorize us to collect and store it, along with other related transaction information. When you make a purchase, you authorize us (and our designated payment processor) to charge the full amount to the Payment Method you designate for the transacti.
If your Payment Method fails or your account is past due:
Any content you store on our Services (collectively, “Content”) remains yours. You grant us a limited license to access, copy, modify, distribute, store, transmit, reformat, list information regarding, edit, translate, make derivative works of, publicly display and publicly perform such Content to the extent needed to provide our Services to you. The license you grant us is non-exclusive (meaning you are free to license your Content to anyone else in addition to TabFu), fully paid and royalty-free (meaning that we are not required to pay you for the use on the Services of the Content that you post), transferable and sub-licensable (so that we are able to use our affiliates and subcontractors such as Internet content delivery networks to provide the Services), and worldwide (because the Internet and the Services are global in reach).
You are solely responsible for your Content and the consequences of its transmission. You are further responsible for ensuring that you do not accidentally make any private Content publicly available. Any Content that you may receive through the use of the Services from your visitors or otherwise is provided to you AS IS for your information and personal use only and you agree not to use or otherwise exploit such Content for any purpose without the express written consent of the person who owns the rights to such Content. We make no warranties, express or implied, as to the Content or to the accuracy or reliability of the Content or any material or information that you receive through our Services. If You use the Services to create a contest or sweepstakes, you are solely responsible for ensuring that the operation and terms and conditions of any such sweepstakes or contest abide by all applicable laws and Facebook guidelines.
You own the Content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant us the license to use the Content created or stored by you for our commercial, marketing or any similar purpose. You agree not to use, display or share your Content or any data we provide you (collectively, “User Data”) in a manner inconsistent with our Terms of Service, Guidelines and all applicable laws and regulations. We are not required to keep back-up copies of User Data on the Site once your account or User Data is deleted. We make no guarantee that User Data will be safely stored on the Site. To be safe, you should independently back-up your User Data, to the extent permitted herein and by applicable laws and regulations. You acknowledge that we may terminate the account of any User in accordance with this Agreement.
You agree not to use the Services for illegal, harmful, misleading, fraudulent or other malicious purposes or to post, disseminate or communicate any unlawful, defamatory, obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter or for the transmission of material that contains viruses or other malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email. Despite these prohibitions, content communicated by other Users may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and we assume no responsibility or liability for this material.
Without assuming any obligation to do so, we may delete any Content or suspend any account associated with it, that we have reasonable grounds to believe violates this Agreement or that may be offensive or illegal, or violate the rights, harm, or threaten the safety of any person.
In order to use the Services or participate in any Application, you need to comply with Facebook terms of services. In particular, you shall use your real identity in your Facebook account and shall not create multiple “fake” accounts. Using a Facebook account not being your real identity, will result in an immediate termination of your services. All Facebook terms of service you should comply with are accessible here: http://www.facebook.com/terms.php
We reserve the right to disable or deactivate unpaid User accounts that are inactive for more than 90 days. In the event of such termination, all data associated with such User account may be deleted. In the future, we may limit the number of free Facebook Pages or tabs a User can create and may impose different usage restrictions than currently offered.
By providing us your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as updates, user communications, newsletters, changes to features of the Service, or our offers. If you do not want to receive certain email messages, you may opt-out by contacting our support team. Opting out may prevent you from receiving valuable messages regarding updates, improvements, offers, or communications from other Users. We reserve the right to send you notices about your account even if you opt out of all voluntary email notifications.
In the course of using any of the Services, if you come across any Content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable Content available on any of the Services, you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such Content to make such Content available in such manner. Further, by making any Content available in the manner aforementioned, you expressly agree that TabFu will have the right to block access to or remove such Content made available by you if TabFu receives complaints concerning any illegality or infringement of third party rights in such Content. By using any of the Services and transmitting or publishing any Content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such Content by the agent designated by TabFu for this purpose.
It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). In addition, we will promptly terminate without notice the accounts of those determined by us to be repeat infringers. If you are a copyright owner and you believe that any content hosted on the Services infringes your copyrights, then you may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing:
The fastest way to reach our Copyright Agent for notices of claims of copyright infringement is by submitting Automated DMCA form. If you prefer, you can also send a DMCA notice to our Copyright Agent at the following address: Saas World Inc., Attention: TabFu Copyright Agent, 3790 El Camino Real, Palo Alto, CA 94306.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site and Services, including applicable copyrights, trademarks, and other proprietary rights. We are not granting any license to you under any of those intellectual property rights by virtue of these Terms of Service. You further acknowledge and agree that TabFu retains ownership and control over the “look and feel” and substance of our tools, widgets, buttons, applications and the like. We reserve all rights that are not explicitly granted to you in this Agreement.
TabFu trademarks, logos, service marks, images, trade names, designs, page headers, button icons, scripts and other distinctive branding features used in connection with the Services are the trademarks, service marks or trade dress of TabFu and may not be copied, imitated, or used, in whole or in part, without the prior written permission of TabFu.
TabFu does not warrant that:
You expressly understand and agree that Saas World Inc. its subsidiaries, and affiliates, and their respective officers, directors, agents, co-branders or other partners, and employees (“Saas World”) 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 Saas World has been advised of the possibility of such damages), resulting from:
Your sole and exclusive remedy for any dispute with Saas World related to any of the Services shall be termination of such Service. In no event shall Saas World’s entire liability to you in respect of any Service, whether direct or indirect, exceed the fees paid by you towards such Service in the previous twelve (12) months.
You agree to indemnify, defend, and hold harmless Saas World Inc., and its third party service providers from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys’ fees) arising out of or relating to:
We reserve the right at any time (and from time to time) to modify, suspend, or discontinue providing the Services or any part thereof with or without notice. We will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
TabFu is relying on third parties API’s to connect with social platforms, any change in policies of third parties platforms such as Facebook, Twitter, LinkedIn, Pinterest, Instagram and G+ or any technical change in API may disrupt service or connectivity. TabFu will not be liable for any financial or contractual liabilities and will not accept any claims for refunds or financial losses due to disruption in service because of third parties actions or policies.
We may amend, modify, change, add or remove portions of this Agreement or any Guidelines at any time without notice to you by posting a revised version on www.TabFu.com or elsewhere on the Site. The revised version will be effective at the time we post it. Your continued use of the Services after posting of the changes constitutes your binding acceptance of such changes.
You may terminate your account and end your use of the Services at any time and for any or no reason.
TabFu has the right (at its sole discretion) for any reason.
If you terminate your account, we will have no obligation to refund you any fees you may have paid except as may be required by applicable law. Upon deactivating your account, this Agreement terminates and your access rights to the Site and any Services immediately cease to exist. TabFu’s rights survive the termination of this Agreement.
The failure of TabFu to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. TabFu may assign this Agreement in whole or in part in its sole discretion without your consent and without notice. This Agreement constitutes the entire agreement between you and TabFu and governs your use of the Services, superseding any prior agreements (whether written or oral) between you and TabFu regarding the subject matter hereof. Nothing in this Agreement shall prevent us from complying with the law and applicable regulations. Questions about these Terms of Service shall be submitted to our Support Department.