Terms of Service
1. What does this Terms of Service cover?
" or "the Website
") is provided by Kalemi Code
" or "us
" or "our
The following terms and conditions govern all use of the Publer website. The Website is offered subject to your
acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without
) and procedures that may be
published from time to time on this Site by Us (collectively, the "Agreement"). Please read this Agreement
carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to
become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions
of this agreement, then you may not access the Website or use any services. The Website is available
only to individuals who are at least 13 years old.
2. Access to your Publer Account
Subject to the terms and conditions of this Agreement, the Service is solely for User's personal use. As used
" includes also Our paying customers ("Customers
"). This Agreement sets forth certain terms
and conditions that apply to Customers, but not other Users. In the event any Customer-specific terms or
conditions conflict with any of the terms or conditions that apply to Users generally, the Customer-specific
terms/conditions shall control. We may change, suspend or discontinue the Services at any time, including the
availability of any feature, database, or content. We may also impose limits on certain features and services
or restrict User's access to parts or all of the Services without notice or liability. User certifies to us
that if User is an individual (i.e., not a corporation) User is at least 13 years of age. User also certifies
that it is legally permitted to use the Service, and takes full responsibility for the selection and use of
the Service. This Agreement is void where prohibited by law, and the right to access the Service is revoked
in such jurisdictions. User shall be responsible for obtaining and maintaining any equipment or ancillary
services needed to connect to, access the Service, including, without limitation, modems, hardware and software.
User shall be responsible for ensuring that such equipment or ancillary services are compatible with the Service.
User shall not, nor permit anyone else to, directly or indirectly: (i) reverse engineer, disassemble,
decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of the
Service (except that this restriction shall not apply to the limited extent restrictions on reverse engineering
are prohibited by applicable local law); (ii) modify or create derivatives of any part of the Service; (iii)
rent, lease, or use the Service for timesharing or service bureau purposes; or (iv) remove or obscure any
proprietary notices on the Service. As between the parties, Company shall own all title, ownership rights,
and intellectual property rights in and to the Service, and any copies or portions thereof. User shall not
use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or
methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of
the Service or any Content, or in any way reproduce or circumvent the navigational structure or presentation
of the Service or any Content, to obtain or attempt to obtain any materials, documents or information through
any means not purposely made available through the Service. We reserve the right to bar any such
activity. User shall not attempt to gain unauthorized access to any portion or feature of the Service, or any
other systems or networks connected to the Service or to any Publer server, or to any of the services offered
on or through the Service, by hacking, password "mining", or any other illegitimate means. User shall not
probe, scan or test the vulnerability of the Service or any network connected to the Service, nor breach the
security or authentication measures on the Service or any network connected to the Service. User shall not
take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the
Service or Publer's systems or networks, or any systems or networks connected to the Service or to Publer.
User shall not use any device, software or routine to interfere or attempt to interfere with the proper
working of the Service or any transaction being conducted on the Service, or with any other person's use of
the Service. User shall not use the Service to spam or post content
that is against the social networks' guidelines. User shall not use the Service or any Content for any purpose
that is unlawful or prohibited by this Agreement.
4. Fees and Payment
Optional paid services are available on the Website. Our order process is conducted by our online resellers
depending on your location.
are the Merchant of Record for all our orders. They provide all customer service inquiries and handle returns.
By selecting a paid service you agree to pay US the subscription fees indicated for that service. Payments
will be charged on the day you sign up for a paid service and will cover the use of that service for a monthly
period. Paid service fees may be fully or partially refundable in specific scenarios and it is US who
determine which Customer is eligible.
Prices for new customers, due to cost increases or other factors, may change at anytime without prior notice.
For existing customers, prices will never change for the whole duration of the subscription.
Prices do not include VAT.
5. Registration; Security
As a condition to using certain products and services of the Service, User may be required to register with
Publer using a social profile or with an email address and password. We reserve the right to refuse
registration of, or cancel a Publer User in its discretion. User shall be responsible for maintaining the
confidentiality of User's Publer account information.
We may terminate your access to all or any part of the Website at any time, with or
without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or
your Publer account (if you have one), you may simply discontinue using the Website or delete your Publer account.
Notwithstanding the foregoing, if you have a paid account, such account can only be terminated by us if you materially breach
this Agreement and fail to cure such breach within seven (7) days from Our notice to you thereof;
provided that, We can terminate the Website immediately as part of a general shut down of our service.
All provisions of this Agreement which by their nature should survive termination shall survive termination,
including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
User agrees that all content and materials (collectively, "Content") delivered via the Service or otherwise
made available by Us at the Site are protected by copyrights, trademarks, service marks, patents,
trade secrets or other proprietary rights and laws. We does not support the distribution of pornographic
content. Except as expressly authorized by Us in writing, User agrees not to sell, license, rent,
modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or
create derivative works from such materials or content.
We reserve the right, at its sole discretion, to modify or replace any part of this Agreement. It is your
responsibility to check this Agreement periodically for changes. Your continued use of or access to the
Website following the posting of any changes to this Agreement constitutes acceptance of those changes. We
may also, in the future, offer new services and/or features through the Website (including, the release of
new tools and resources). Such new features and/or services shall be subject to the terms and conditions of
this Agreement. We may also change prices of the Paid plans at any time without notice. Changed prices will
only affect new Customers. Current Customers will keep paying the monthly fee they were asked to at the
beginning of the subscription, despite the possible change of prices or features provided in their plan.
If User is a Customer, We make the following warranty to Customer: We shall use commercially reasonable
efforts consistent with prevailing industry standards to provide the services in a professional and
workmanlike manner that is free of defects. Customer's sole remedy, and our exclusive liability, for defects
in the Service shall be for us to use commercially reasonable efforts to promptly correct such defects.
Customer represents and warrants that: (i) with respect to all information it provides to us (such as,
Recipient Information), Customer has the full right and authority to make such provision and to allow us to
use such information to provide the Service (including, without limitation, for us to provide such information
to its data providers), (ii) none of the content (e.g. emails) transmitted, uploaded or otherwise distributed
by it (or its partners or any third party) through use of the Service will infringe or otherwise conflict with
the rights of any third party.
10. Warranty Disclaimer
The Website is provided "as is". Publer and its suppliers and licensors hereby disclaim all warranties of any
kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a
particular purpose and non-infringement. Neither Publer nor its suppliers and licensors, makes any warranty
that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand
that you download from, or otherwise obtain content or services through, the Website at your own discretion