Terms and Conditions
Stacked reserves the right to modify the Terms at any time.
End User License Agreement
For purposes of this End User License Agreement (“EULA”), “Website” means all software programs, documentation, and local files installed by the Pharos Social Service site, distributed, published or otherwise made available by Stacked and accessed by means of a browser or other online communication method, including mobile devices. “Website” also includes updates and upgrades as well as accompanying manuals and other written files and electronic or on-line materials or documentation, and any copies of the aforementioned.
Your License to Use the Website
Your use and access to the Website is governed by this license and the Terms; this License does not grant any ownership in the Website or its contents. The terms of the Web EULA will govern any upgrade to the Website, unless such upgrade is accompanied by a separate license, in which case that license will govern.
While using the Service, and solely for that purpose, you are granted a limited, revocable, non-exclusive, non-transferable license to use and access the Website, subject to this EULA and the Terms. No portion of the Website may be reproduced in any form or by any means, except as expressly permitted in this license. You agree not to:
- Decompile, copy, reverse engineer, disassemble, modify, rent, lease, loan, distribute, or create derivative works (as defined by the U.S. Copyright Act) or improvements (as defined by U.S. patent law) based on the Website and any updates or any portion thereof;
- Use or access the Website in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this license or the laws of the jurisdiction from which you access the Website;
- Use or export the Website in violation of Applicable Law;
- Sell, lease, loan, distribute, transfer, or sublicense the Website or access to the Website or derive income from the use or provision of the Website, whether for direct commercial or monetary gain or otherwise; and
- Assign, copy, transfer, or transmit the Website or any data obtained through the Website to any third party.
The information contained in the Website, including all code, images, graphics, designs, photographs, writings, graphs, data, user interface and other materials are the property of Stacked or its licensors and are protected by copyrights, trademarks, trade secrets, or other proprietary rights. Except as explicitly granted above, you are not granted any right or license with respect to any of the aforesaid intellectual property. All rights in and to any third-party data, software, images, and servers are reserved and remain with the applicable third parties. You agree that such third parties may enforce their rights under this EULA against you directly in their own name.
THE USE OF THE WEBSITE OR ANY PART OF THE WEBSITE, EXCEPT FOR USE WITH THE SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR INFRINGEMENT.
The term of your license under this EULA shall commence on earlier of the date that you accept this EULA or use or access the Service. You may cancel your account at any time. Stacked may suspend or cancel your registration immediately in case of breach by you of the Terms. On termination or suspension of your account for any reason, your license to use or access the Website or the Service is terminated or suspended as well.
Terms of Service
To use the Service, you must register and create an account, providing the requested information, and you must agree to the Terms. You warrant that this information is and will be correct, complete, and accurate at all times. If you change your email address or no longer have access to the email used to register, you must update your information. Your use of the Service requires that you agree that the Service can receive, store, process, and display the following information:
- Full name
- Phone number
- Country from which you are accessing the service
- User created Username
- Valid email address
- Credit card information
- Information gathered from social media accounts, including: Screenname/Username/Handle, Full historical record of posted content; Records of interactions with that content and/or those messages by other social media accounts; Information about account associations, i.e., friends and following accounts
By registering for the Service, you also warrant the following:
- The social media accounts being registered are yours or those of a person between the ages of 13 and 18 for whom you are the parent or legal guardian.
- Your jurisdiction permits the monitoring facilitated by the Service without express consent or you have obtained and documented such express consent.
To use the Service, you cannot be a person barred from receiving the Service under the laws of the United States or other applicable jurisdictions, including the state or country in which you reside or from where you use the Service. The security and confidentiality of your account is solely your responsibility and you agree to immediately notify Stacked of any security breach of your Account. Stacked, it’s officers, affiliates, employees, or vendors shall not be responsible for any losses arising out of the unauthorized use of your Account.
The Service may be used solely for the purpose of lawfully monitoring the social media activity of the User’s child between the ages of 13 and 18, or persons between those ages for whom User is the legal guardian. All users are responsible for any activity originating from their account. The following uses and activities are strictly prohibited and may result in the immediate suspension or termination of your account or other action by Stacked to prevent you from accessing the Service:
- Violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with the Service
- If you are an adult, seek to acquire personal or other information from a minor who is not personally known to you (e.g., full name or last name, home address, telephone number)
- Pretend to be anyone, or any entity, you are not — you may not impersonate or misrepresent yourself as another person (including celebrities), another entity, another Service participant, a Stacked employee, a civic or government leader, or misrepresent your affiliation with a person or entity;
- Interfere with or disrupt the Service (including accessing the Service through any automated means, like scripts or web crawlers), or any servers or networks connected to the Service, or any policies, requirements or regulations of networks connected to the Service (including any unauthorized access to, use or monitoring of Service networks’ data or traffic)
- Plan or engage in any illegal activity; and/or gather and store personal information on any other users of the Service to be used in connection with any prohibited activities
- Use the Service in violation of any third-party agreement
- Corrupt, invalidate or otherwise modify or attempt to modify the Service;
Stacked reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates these provisions, including terminating or suspending the account of violators.
Third-Parties and Third-Party Services
The Service may include links to third-party services and/or the third-party services may be made available to you via the Service. Such services are subject to respective third-party terms and conditions. Please study these third-party terms and conditions carefully as they constitute an agreement between you and the applicable third party service provider. Third-party content and links are provided as a convenience to you. You agree that Stacked is not responsible for examining or evaluating the content or accuracy and Stacked does not warrant and will not have any liability or responsibility for any third-party materials or web sites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Stacked is not in any way responsible for any such use by you.
You are responsible for videos, photos, audio, text, graphics, or other data You transmit through the Service and you agree to comply with all applicable laws, rules and regulations, including the Digital Millennium Copyright Act (DMCA). You agree that your use of the Services will not infringe the rights of any third party. We reserve the right to block or terminate your account, at our sole discretion and without notice or liability to you, if you transmit any content alleged to be infringe on the intellectual property rights of a third-party.
If you believe your intellectual property has been copied in a way that constitutes copyright infringement, please report this to us at: email@example.com.
Access to the Service
The Service may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of the Service, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect the Service, such as events in nature and other force majeure events. Stacked may terminate, or deny access to and use of the Service, or any portion of the Service, to any individual or entity for any reason in the Company’s sole discretion. In addition, without limiting its other remedies, the Company may immediately discontinue, suspend, terminate, or block your access to the Service or cease providing you with all or part of the Service at any time if we reasonably believe: (i) you have violated these Terms, (ii) we have reason to believe you are a legal liability; or (iii) our provision of the Service to you is no longer commercially viable. In the event action is taken pursuant to (i), (ii), or (iii) above, we will make reasonable efforts to notify you by email or the next time you attempt to access your account. In all such cases, this Agreement shall terminate, unless otherwise stated herein, including your license to use the Service.
You may terminate this agreement by emailing Stacked at firstname.lastname@example.org. No refunds will be given for early termination. We may suspend or cancel your registration immediately in case of breach by you of these Terms. On termination for any reason, your access to your account and license to use the Service terminate as well.
YOU UNDERSTAND AND AGREE AS FOLLOWS:
TO THE EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO ANY LAWS EXPRESSLY PROVIDING THAT WARRANTIES MAY NOT BE EXCLUDED, RESTRICTED OR MODIFIED OR MAY ONLY BE LIMITED TO A CERTAIN EXTENT (“STATUTORY OBLIGATIONS”), STACKED, ITS LICENSORS AND RESELLERS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES TO YOU REGARDING THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE QUALITY, FUNCTIONALITY, AVAILABILITY, ACCESSIBILITY OR PERFORMANCE OF A SERVICE. THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS.
IF YOU ARE NOT SATISFIED WITH THE QUALITY, FUNCTIONALITY, AVAILABILITY, ACCESSIBILITY OR PERFORMANCE OF A SERVICE, YOU MAY CANCEL YOUR ACCOUNT OR MEMBERSHIP TO THE SERVICE. WHEN YOU CANCEL YOUR ACCOUNT OR MEMBERSHIP TO A SERVICE YOU WILL NOT BE ENTITLED TO RECEIVE A REFUND OF THE FEES FOR THAT SERVICE UNLESS APPLICABLE LAW SUBJECT TO THE STATUTORY OBLIGATIONS REQUIRES A REFUND BE GIVEN.
IN SOME JURISDICTIONS, CERTAIN WARRANTIES MAY AUTOMATICALLY ARISE OR APPLY UNLESS THESE WARRANTIES ARE DISCLAIMED. SUBJECT TO SUCH STATUTORY OBLIGATIONS, STACKED AND ITS LICENSORS DISCLAIM AND EXCLUDE ALL SUCH WARRANTIES EITHER EXPRESS, IMPLIED OR STATUTORY, IF AND TO THE EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS WITH RESPECT TO ALL SERVICES AND ALL IMPLIED WARRANTIES THAT ARISE FROM COURSE OF DEALING OR USAGE OF TRADE.
THIS SECTION SHALL SURVIVE THE TERMINATION OF THESE TERMS
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, ITS OFFICERS, AFFILIATES, OWNERS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; OR (B) ANY CONTENT OBTAINED FROM THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THIS SECTION SHALL SURVIVE THE TERMINATION OF THE TERMS.
Severability. To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect.
No Waiver. Neither party will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than by an authorized representative in an explicit written waiver. No waiver of a breach of this Agreement will constitute a waiver of any other breach of this Agreement.
Choice of Law & Jurisdiction. This Agreement will be governed solely by the laws of the State of Ohio, including without limitation applicable federal law, without reference to its conflicts of law provisions. The parties consent to the personal and exclusive jurisdiction of the federal and state courts of Ohio.
Last Update: 8/24/2017
The Information We Collect
The Service collects both Personal Information (information that can be used to identify a specific individual) and Non-Personal Information. We ask that you provide the following information about yourself and your account:
- Full name
- Phone number
- Country from which you are accessing the service
- User created Username
- Valid email address
- Credit card information
- Information gathered from social media accounts
We also collect information on social media accounts associated with User accounts in our system but which contains separate data, including but not limited to:
- Full historical record of posted content
- Records of interactions with that content and/or those messages by other social media accounts
- Information about account associations, i.e., friends and following accounts
You are not required to provide the Personal Information that we request, but, if you chose not to do so, in many cases we will not be able to provide you with the Service.
How we use your Personal Information
Your use of the Service may cause certain information, including Personal Information, to be stored locally on your computer or mobile device. You should be aware of this prior to using a computer or mobile device not under your control.
We use Personal Information to create, operate, and improve the Service – social media account analysis and reporting – and for loss prevention and anti-fraud purposes.
We may use your personal information to verify identity, assist with identification of users, and to determine appropriate services. From time to time, we may use your Personal Information to send important notices, such as communications about purchases and changes to our terms, conditions, and policies. We may also use Personal Information for internal purposes such as auditing, data analysis, and research to improve Stacked’s products, services, and customer communications.
How we use Non-Personal Information
We may collect, use, transfer, and disclose Non-Personal Information for any purpose. Examples of Non-Personal Information that we collect and how we may use it include: collecting information such as language, zip code, area code, unique device identifier, referrer URL, location, and the time zone where the Service is accessed and used so that we can better understand customer behavior and improve the Service.
Cookies and Other Technologies
Stacked takes reasonable steps to protect information about you that is in its possession and control from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Unfortunately, no Internet transmission is ever completely secure or error-free. In particular, email sent between you and us may not be secure, due, for instance, to the security practices that you, your email carrier, and/or Internet provider employ. You should therefore take special care in deciding what information you send to us via email. Please keep this in mind when disclosing any personal data to us via the Internet.
You are solely responsible for the protection of your computer and are responsible for managing local storage and security such as passwords.
Personal Data and Account Cancellation
Upon cancellation of your account with us, we will delete your social media account information and data from our system within 7 business and your User account data within 90 days.
Disclosure to Third Parties
It may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities within or outside your country of residence − for Stacked to disclose your personal information. We may also disclose information about you if we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate.
We may also disclose information about you if we determine that disclosure is reasonably necessary to enforce provisions of the Terms governing your use and access to the Service or protect our operations or users. Additionally, to the extent such information is an asset of the company, it may be transferred in the event of a reorganization, merger, or sale.
Protection of Personal Information
Stacked takes the security of your personal information very seriously. Stacked protects your personal information during transit and your personal data is stored and secured by our third-party storage vendor.
Children Online Privacy Protection Act (COPPA)
We do not target or sell products, programs or services to children. Children under 13 years of age may not submit personally identifiable information without the consent of a parent. We do not provide any personally identifiable information about children under 13 years of age to any third party for any purpose whatsoever.
Some parts of the Service may require access to the real-time geographic location of your computer or mobile device. Where available, location-based services may use GPS, Bluetooth, and your IP Address, along with crowd-sourced Wi-Fi hotspot and cell tower locations, and other technologies to determine your devices’ approximate locations. This information cannot be collected without your consent.