Welcome to Fetch. In these Terms of Service (“Terms”), “we” “us” “our” “Fetch” and “Made by Magnitude” refers to Made by Magnitude Ltd (company number: 08946228), The social aggregation platform (the “Service”), Fetch, is owned and operated by Made by Magnitude and is accessed through the URL https://www.sofetch.me/.
“Customer” or “you” will refer to the person identify through our customer registration form.
By accessing any part of this website, registering an account to use our Service/s (a “Fetch Account”) or the purchasing of our Service/s, you agree to be bound to the following terms and conditions, and any other applicable law. If you do not agree to the terms laid out below, you do not have Fetch’s authorisation to use any part of the Service.
We reserve the right to amend these Terms of Service at any time and your use of the service following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these Terms of Service.
These terms and conditions are governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts.
Fetch is a social media aggregation platform that collects text, photos, videos and other media from multiple networks (“Aggregation” “aggregate”) into a single stream (“Feed”), allows the customer to approve or reject posts to show on specified Feed (“Curation” “curate”), style and edit the Feed’s visualisation (“Customisation” “customise”) and redistribute the collected content to by embedding the Feed into a website or displaying elsewhere (“Integration”, “integrate”).
In order to use the Service provided on this website, you must become a registered user and sign up for a Fetch Account. You must provide certain information requested on our membership/registration page to complete your registration.
By registering on the Fetch platform, you agree:
- to be at least eighteen (18) years old and able to enter into contracts;
- to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change;
- to be responsible for maintaining the confidentiality of your passwords or other account identifiers, which you choose, and all activities that occur within your account;
- to our Terms of Service;
- to pay for the Service as set out on our website;
- you will not do anything which would assist anyone who is not a registered user to gain access to any registration area of the Fetch platform; and
- you will not create registration accounts for the purpose of abusing the functionality of the platform, or other users; nor will you seek to pass yourself off as another user.
By using Fetch, you represent and warrant that you meet all of the requirements listed above, and that you won’t use Fetch in a way that violates any laws or regulations. Fetch may refuse service, close accounts of any users, and change eligibility requirements at any time.
Use of Material Appearing on Fetch
You acknowledge that, as between Fetch, and you, except for user content and advertisements, Fetch is the sole owner of all content on Fetch, including, without limitation, all applicable copyrights, patents, trademarks, trade secrets, trade names, logos, and other intellectual property rights thereto, as well as text, images, graphics, logos, audio, video and other material appearing on Fetch (“Fetch Content”). Fetch is protected by the copyright laws and other intellectual property laws of the United Kingdom and are protected globally by applicable international copyright treaties.
You may download and print extracts from Fetch for your own personal and non-commercial use only, provided you maintain and abide by any author attribution, copyright or trademark notice or restriction in any material that you download or print. You may not use any Fetch content for any other purpose without our prior written approval. Except as expressly authorised by Fetch, you are not allowed to create a database in electronic or paper form comprising all or part of the material appearing on Fetch.
No part of the Fetch platform may be copied, reproduced, distributed, redistributed, modified or displayed without the express written permission of the copyright owner. Designs and concepts may not be used for any purpose whatsoever without written permission from Fetch.
If you wish to use our content other than as permitted by these terms and conditions and for all other inquiries about distribution or reproduction of the materials, please contact us using firstname.lastname@example.org.
Fetch is provided as a Software as a Service-solution (SaaS) and local installation is not necessary for using the Service. However, it requires the latest versions of browsers Internet Explorer, Firefox, Chrome or Safari for optimal functionality. Fetch owns the right to discontinue support for older versions of browsers when updating Fetch.
Third Party Reliability
Fetch does not guarantee any up-time of its services. Fetch inherits the service level agreements of the APIs from which Sparkle consumes content (Facebook, Twitter, Instagram, Google News, Youtube etc). Fetch does not guarantee the offering of any of its social sources. At any time, Fetch can stop offering the service provided by any social media source without notice or liability.
If the Fetch Service is down due to limited access provided through these APIs, Fetch is not responsible for any lag in service, nor are the providers of those APIs. By using the Fetch Service, you acknowledge that this service is dependent upon APIs that are not controlled by Fetch.
Fetch makes no representations and/or warranties regarding uptime for the Fetch Service. You agree to defend, indemnify and hold harmless Fetch against any and all claims and expenses, including legal fees, arising out of your use of the Fetch Service.
Pricing and Renewal of Service
By registering for a Fetch Account, you automatically begin a subscription (“Fetch Subscription”), your subscription and payment to Sparkle will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through the website or by contacting an account representative before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and your account will be deleted. We will not refund any subscription fees already paid to us.
Fetch may change the price for the paid subscriptions from time to time, and will communicate any price changes to you. Price changes for paid subscriptions will take effect at the start of the next subscription period following the date of the price change. By continuing to use the Service after the price change takes effect, you accept the new price.
As long as you comply with these Terms and each Order, we grant you a limited, revocable, non-transferable, non-exclusive, worldwide license to use the Fetch Service in accordance with these Terms.
The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
To the extent permitted at law, we do not accept any responsibility for any statement in Fetch. Nothing in Fetch is provided for any specific purpose or at the request of any particular person. For the avoidance of confusion, we will not be liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing Fetch. You can access other sites via links from Fetch. These sites are not under our control and we are not responsible in any way for any of their contents.
We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
Although we will do our best to provide constant, uninterrupted access to Fetch, we do not guarantee this. We accept no responsibility or liability for any interruption or delay.
“As Is” Services and Limited Liability
The Service delivered by Fetch is provided “as is” and we expressly disclaim any and all warranties, whether express, implied or statutory, including:
- any implied warranties of fitness for a particular purpose, merchantability, workmanlike quality, non-infringement, title, performance, suitability, course of dealing, usage of trade or otherwise;
- any warranties to any results to be obtained from the Fetch Service;
- that the Fetch Service will be uninterrupted or error free or;
- with respect to any Content or Social Media Feeds.
We accept no liability for any loss whatsoever including consequential loss suffered by you arising from the Service we have supplied.
We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with us.
YOU AGREE THAT NEITHER FETCH NOR ANY OF ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICE), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF FETCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Our failure to insist upon or enforce any provision of these terms of service shall not be construed as a waiver of any provision or right of Fetch.
Third Party Content
You understand that when using the Site, you will be exposed to other Users’ comments and third party content from a variety of sources, and that Fetch is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such other clients’ comments or third party content.
You further understand and acknowledge that you may be exposed to other Users’ comments and third party content that may be offensive, indecent, inaccurate, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Fetch with respect thereto.
You agree that the Service may include advertisements and that these advertisements may be necessary for Fetch to provide the Fetch Service.
You further understand that the Service may include certain communications from Fetch that you cannot opt out of receiving.
We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
If you have any concerns about material which appears on our site, please contact Made by Magnitude Ltd, Unit 3a, Lightfoot Street, Hoole, Chester, CH2 3AD. United Kingdom or by email to email@example.com.
Thank you for visiting our site.