These Terms of Service (“Agreement”), and any additional terms which might apply to certain products, services or entities, govern your use of and explain the terms on which ONGAGEMENT provides you with access to ONGAGEMENT Platform and its Interfaces (the “Platforms”). Please read this Agreement carefully before registering to ONGAGEMENT”s Platforms.
1. GENERAL TERMS
1.1 ONGAGEMENT is a loyalty & gamification software service combining profiling, gamification, marketing automation and reporting (“Service Providers” or “Service Provider” or “you”) to deliver gamified loyalty programs to its customers (“Customers” or “Customer”) through the Internet. ONGAGEMENT may also make use of software services provided by third parties in order to improve its own services (“Third Software Services”).
1.2. This is an agreement between the Service Providers and ONGAGEMENT, which will apply in respect of the loyalty & gamification services (the “Services”) provided by the Service Providers through the Platforms.
1.3. You must agree to the following terms before you may work as an ONGAGEMENT employer.
2.1 When you register on the Platform you are asked to create your own profile. Your profile includes some mandatory personal data such as your name, email address, languages and also general information you wish to disclose about yourself.
2.3 Upon successful registration, you become a Service User, and for as long as you remain a Service User, you agree to comply with the applicable terms of this Agreement. ONGAGEMENT assumes no responsibility whatsoever for your use of the Platform and/or services. It is for your sole, personal use and you may not distribute your user name and password allowing others to use the services through your membership.
2.4. The fact that anyone becomes a Service User does not constitute ONGAGEMENT in any kind of obligation to assign him services, nor gives him the right to demand the same from ONGAGEMENT, which may assign the services as its sole and full discretion.
3. AGE RESTRICTIONS
The register as a Service User is strictly prohibited to minors or any person under the legal working age in his or her country and prohibited to any person under the age of 18. If you misrepresent your age, your registration as a Service User will be automatically cancelled. By using the Platform you confirm and guarantee that you meet age restrictions requirements.
4. PERSONAL DATA
The Service User hereby agrees to:
a) ensure that persons authorized to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
b) implement appropriate technical and organizational measures to secure the data and has in place all the measures necessary in case of a data breach;
c) take into account the nature of the processing, assists ONGAGEMENT by appropriate technical and organizational measures, insofar as this is possible, for the fulfilment of ONGAGEMENTâ€™s obligation to respond to requests for exercising the data subjectâ€™s rights
d) at the choice of ONGAGEMENT, delete or return all the personal data to ONGAGEMENT after the end of the provision of Services relating to processing, and deletes existing copies unless European Union or Member State law requires storage of the personal data;
e) make available to ONGAGEMENT all information necessary to demonstrate compliance with the obligations laid down in this Article and allow for and contribute to audits, including inspections, conducted by ONGAGEMENT or another auditor mandated by ONGAGEMENT.
5. ACCESS AND PROPRIETARY RIGHTS
5.1. As long as you comply with this Agreement, you are authorized to access and use this Platform. The pages and content on this Platform are protected by copyright and may not be copied, distributed, modified, published, or transmitted in any manner, including but not limited to any use for creative work or to sell or promote other products.
5.2. Violation of this restriction may result in infringement of intellectual property and contractual rights of ONGAGEMENT and could result in substantial civil and criminal penalties. The “ONGAGEMENT” trademark is owned by ONGAGEMENT, Inc. You may not use this mark for any purpose without the express prior written consent of ONGAGEMENT, Inc. Except as expressly set forth above, this Agreement does not grant you any express, implied or other license or right under any patent, trademark or copyright of ONGAGEMENT, Inc.
6. REPRESENTATIONS AND WARRANTIES
6.1. The Service Users shall:
a) Use the Platformand the Servicesonly in a manner that is accepted and legal according to all applicable laws and regulations;
b) Adhere to ONGAGEMENT”s acceptable use policies and all other terms and conditions relating to providing the Servicesin respect of the Platform, and will not transmit junk messages, advertisements or any type of solicitation whatsoever of any products or services to any other Service User;
c) Not in any way copy, modify, publish, transmit, display, sell, distribute or reproduce copyrighted material, trademarks, or other protected proprietary information without the express written consent of ONGAGEMENT;
d) Not conduct any illegal and/or unauthorized uses of the Platform, including but not limited to collecting usernames and/or email addresses by electronic or other means for the purpose of sending unsolicited email, forwarding commercial or other offers to other Customers or to Service Users by the Platform or by email or other means external to the Platform, and unauthorized framing of or linking to the Platform will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress;
e) Agree that in order to protect the Service Usersfrom improper advertising or solicitation, and to maintain usage integrity on the Platform, ONGAGEMENTreserves the right to restrict access to all or certain elements of the Services or Platform on a per-action basis, such levels to be determined in ONGAGEMENT“s sole discretion from time to time;
f) Agree that use of the Platform to provide Services is strictly at your own risk and you are solely responsible for your contact, whether it be written, verbal or in person, with any Customer or Service User. ONGAGEMENT and its officers, directors, employees, agents, affiliates and third parties assume no responsibility whatsoever for harm that may come to you as a result of your contact (of any form) with any Customer or Service User, including but not limited to emotional, verbal and physical abuse or assault.
g) Not engage in, and ONGAGEMENT is not be responsible for, any form of harassment, offensive or abusive behavior of any kind whatsoever that may be harmful to any Customer or Service User, including but not limited to physical and emotional damage. i.e. not use the Platform, Services, or your profile for any purpose other than translation services.
h) Not communicate, publish, or display to any Customer or Service User any form of defamatory, slanderous, offensive, inaccurate, abusive, profane, obscene, sexually offensive, threatening, harassing, racial, or illegal material, including but not limited to nude photos of yourself or others, pornographic photos, or images and any other type of unlawful or unacceptable material, as determined by ONGAGEMENT in its sole discretion. ONGAGEMENT reserves the right to remove any such material from the Platform without notice.
i) Not create multiple user accounts to avoid bad ratings on ONGAGEMENT.
j) You will not redistribute any of the content (information) on ONGAGEMENT, including but not limited to Original Works, private messages, or documents.
6.2. If you do not comply with the Agreement and we do not take action immediately, this doesn”t mean that we are giving up any rights that we may have (such as taking action in the future).
7.1. ONGAGEMENT reserves the right to change these Terms of Service at any time, being all changes posted online and brought upon the attention of the Service Users by ONGAGEMENT for acceptance, at least one month before of its entry into force.
7.2. Service Users are responsible for reviewing the Terms of Service as may be posted regularly to obtain timely notice of such changes.
7.3. Should a Service User not accept any amendment of these Terms of Service, the contractual relationship with ONGAGEMENT shall terminate and the Service User will not continue to provide Services.
8.1. This version of the Terms of Service was created on July 2019. This Agreement contains the entire agreement regarding the use of the Platform and the Services.
8.2. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
9. LAWS AND REGULATIONS
This Agreement is governed by the laws of Portugal and European Union. Any claims or disputes shall be resolved in the state or federal courts located in Lisbon, Portugal.