Abundat Surge User Agreement
Updated as of October 1, 2019
Simplified, Plain-English Terms of Service
We can change the agreement at any time, and we will let you know
You’re responsible for keeping your username and password safe. If you think there may be a security issue, please let us know ASAP.
You’re responsible for whom you give your username and password. If you give it out, those people can access the Service. Please keep it safe.
We own our product, you own your content. We aren’t responsible for your content, any copyright issues, or any other issues related to the content. Along with that, you own your Pinterest account. We aren’t responsible for issues related to your Pinterest account.
Don’t try to steal, hack or break our product.
We don’t own your actions within our product. If you upload harmful or inappropriate content, it’s your responsibility. If you violate copyright law, it’s your responsibility. We can’t check every piece of content uploaded.
You allow us to post to Pinterest and use Tailwind on your behalf
If your content is harmful, we can and will delete it.
We can discontinue working with you at any time, for any reason.
We don’t offer refunds or partial refunds. Your service will continue through the end of the billing cycle, which is 30 days.
If you discontinue working with us, we will not access your account for any reason after our relationship has ended.
The governing state is Ohio
Acceptance of the Terms of Service
These terms of service ("Agreement") are entered into by and between you and Abundat, LLC DBA SURGE, an Ohio Corporation, ( "Surge", "We", "Us", "Our"). The following terms and conditions govern your access to and use of (1) https://www.surge.abundat.com including any content, functionality, and services offered on or through the ( "the Website"), (2) your access, use, or purchase of the Surge web app ( "the App"), and (3) your access, use, or purchase of the Surge services. The Website, the App, and the Service Platforms are collectively referred to as the "Services". Unless otherwise indicated (see Acceptable and Prohibited Uses), this Agreement applies to Self-Service Services.
The Services are offered and available to users who are over the age of 18, have never been removed from the service, and whose registration and use is in compliance with all applicable laws. By accessing and using this Service, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.
Changes to the Agreement
We may revise and update this Agreement from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. We will notify you by contacting you through the email address you provide when accessing or registering for the Services of any material changes to this Agreement.
Your continued use of the Services following the posting of the revised Agreement means that you accept and agree to the changes. You are expected to check this page to remain aware of any changes, as they are binding on you.
Accessing the Services and Account Security
We have the right to disable any user name, password, account, content, User Contributions, data or other identifier, whether chosen by you or provided by us, at any time if, in our sole opinion, you have violated any provision of this Agreement.
Payment Terms, Trials and Renewal
· Free Trials. You must pay all fees for the Services you purchase, except for Services that we expressly offer free of charge.
· Paid Services. Payment takes place every 30 days, and 30 days after the completion of any free trial.
· Auto-Renewal of Services. Services plans will renew automatically at the end of the term (which may be monthly or annually, depending on the plan you chose when you purchased our Services), and we will automatically bill you on renewal unless you cancel or downgrade our Services. You may find your renewal date, amount to be charged within the Billing Section of your account.
· Refunds. We do not provide refunds for all or part of pre-paid subscription terms. This includes, but is not limited to the following circumstances:
o We do not provide refunds for partially used portions of subscription terms.
o We do not provide refunds for your failure to cancel or downgrade your subscription plan before it automatically renews.
o We do not provide a guaranteed service level agreement, "up time" or other measure of accessibility of the service, and will not be liable to provide refunds for any outages in Service, for any reason.
o We do not provide refunds related to changes in the available capabilities of features of the Services; we reserve the right to discontinue or add features at our sole discretion, at any point in time, with or without notice.
· Taxes. You are responsible for paying all taxes on all fees that you pay to us. Local taxes may differ based on your payment method.
Intellectual Property Rights
Surge, the App, and all its functionality is owned by Abundat. Content is owned by you. If you have uploaded content and it lives on our servers or in our databases, that is still your property. We do not, will not, and have not ever owned any of your content, copy, creative, art.
Acceptable and Prohibited Uses
We have a few rules on how our services can and cannot be used. These rules apply to all of Surge’s services (the "Services") and to all our users regardless of their plan level.
You may use the Services only for lawful purposes and in accordance with this Agreement.
You agree to:
· Keep your passwords and other login credentials for the Services confidential;
· Monitor and control all activity conducted through your Surge account;
· Notify us promptly if you become aware of or suspect any security breach regarding your account, including any loss, theft, or unauthorized disclosure or use of your (or any of your Authorized Users’) username, password, or account; and
· Comply with the applicable terms of any Surge partners ("Our Partners") which you connect through the Services (the "Partner TOS"). These include, for example:
o The Pinterest Terms of Service published at https://policy.pinterest.com/en/terms-of-service;
You agree not to use the Services:
· In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
· For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
· To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in this Agreement.
· Upload or share User Contributions that you do not own or otherwise have the right to share;
· To store or transmit any User Contributions that may be infringing, defamatory, threatening, harmful, or otherwise tortious or unlawful, including any content that may violate intellectual property, privacy, or publicity rights, or other applicable laws;
· To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation.
· To impersonate or attempt to impersonate Surge, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or usernames associated with any of the foregoing).
· To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Surge or users of the Services or expose them to liability.
· To promote obscene content of any kind.
Surge’s and Third-Parties’ Permissions to Your User Contributions
You own the User Contributions you create. By providing any User Contribution on or through the Self-Service Services, you grant us and our Partners, affiliates and service providers, and each of their and our respective licensees, successors, and assigns and third-parties of these Services a perpetual, royalty-free, worldwide license to host, use, reproduce, modify, publicly perform, publicly display, distribute, create derivative works of, and otherwise disclose to third parties any such material. This license is necessary for us to provide our Services to you. By way of example only, we may use your User Contributions:
· To submit them to social networks, including Tailwind.
· To publicly display them on the Pinterest website or the websites of other Partners, and for analytic purposes,
· To present them to other Surge users or the public as recommended content for publication, or as data points to help them learn, conduct research or the become familiar with your work and brand.
We also may use your User Contributions in a number of ways, including allowing other Surge users to post, share, pin or otherwise distribute User Contributions as part of the Surge system. You also irrevocably grant to the visitors to and users of this Website, the App, and any other media platforms or Services, as well as our Partners, the right to access, host, user, reproduce, modify, publicly perform, publicly display, distribute, create derivative works of, and share your User Contributions in connection with their visits to or use of this Website, the App, the Services, and such platforms. Finally, you irrevocably waive and cause to be waived any claims and assertions of moral rights or attribution with respect to your User Contributions.
You can end this license any time by deleting your User Contributions or account. You should know that, for technical reasons, User Contributions you delete, as well as copies, modifications or derivative works thereof, may persist for a limited period of time in backup copies. In addition, User Contributions that you delete, as well as copies, modifications or derivative works thereof, may continue to appear if you have shared them on our through our Servicers, including, but not limited to, Tribes, or on our through the services of our Partners.
You represent and warrant that:
· You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and Surge users, and our Partners, affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
· All of your User Contributions do and will comply with this Agreement.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Surge, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Services. We may provide you with suggested User Contributions which we aggregate for your sharing. We are not responsible for the suggested User Contributions and make no representations and warranty as to their ownership and accuracy.
Monitoring and Enforcement; Termination
We have the right to terminate your account at any time, for any reason.
If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. We will take reasonable action.
These content standards apply to any and all User Contributions and use of Interactive Services, including Tribes. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
· Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
· Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
· Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
· Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or otherwise may be in conflict with this agreement.
· Be likely to deceive any person.
· Promote any illegal activity, or advocate, promote, or assist any unlawful act.
· Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
· Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
· Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
· Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Reliance on Information Posted
The information presented on or through the Services is made available solely for information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Services, or by anyone who may be informed of any of its contents.
Surge Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Surge, are solely the opinions and the responsibility of the person or entity providing those materials. This includes User Contributions suggested by Surge. These materials do not necessarily reflect the opinion of Surge. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Cancellation and Termination of Services
You may cancel your Services plan at any time. Your plan will continue through the end of that billing cycle. Please email the Surge team to cancel your plan. Partial refunds for remaining time will not be issued.
We may refuse to provide service (including the Services) to anyone for any reason at any time. .
Links from the Services
If the Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links, as well as links include in User Contributions. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Services or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it.
Your use of the Services and their content, and any services or items obtained through them is at your own risk. The Services, their content, and any services or items obtained through the Services are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither Surge nor any person associated with Surge makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Services. Without limiting the foregoing, neither the company nor anyone associated with Surge represents or warrants that the Services or items obtained through them will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components, or that the Services or items obtained through them will otherwise meet your needs or expectations.
To the fullest extent provided by law, Surge hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.
The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
Limitation on Liability
To the fullest extent provided by law, in no event will Surge, its affiliates, or their licensors, service providers, shareholders, investors, lenders, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Services, any websites linked to them, any content on Services or other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
You agree to defend, indemnify, and hold harmless Surge, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, shareholders, investors, lenders, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement or your use of the Services, including, but not limited to, your User Contributions, any use of the Services’ content, services, and products other than as expressly authorized in this Agreement or your use of any information obtained from the Services.
Governing Law and Jurisdiction
All matters relating to the Services and this Agreement and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Oklahoma without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, this Agreement or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Ohio and Richland County, Ohio, although we retain the right to bring any suit, action, or proceeding against you for breach of this Agreement in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
We may require you to submit any disputes arising from the use of this Agreement or the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Oklahoma law.
Waiver and Severability
No waiver by the Company of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
Surge and this website are owned by Abundat, LLC. 40 W 4th St, Mansfield OH 44902
All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: