These Terms of Service (hereinafter “TOS”) constitute specific agreement between ESET, spol. s r. o., having its registered office at Einsteinova 24, 851 01 Bratislava, Slovak Republic, registered in the Commercial Register administered by Bratislava I District Court, Section Sro, Entry No 3586/B, Business Identification Number: 31 333 535 or another company from the ESET Group (hereinafter referred to as "ESET" or “the Provider”) and you, a physical person or legal entity (hereinafter referred to as “You" or "User”) who accesses and uses ESET Social Media Scanner. If you are using the services on behalf of an organization then you are agreeing to these terms for that organization and are warranting that you have the authority to bind that organization to these terms. In that case "user" and "you" will refer to that organization. Read these terms relating to the use of ESET Social Media Scanner carefully please. ESET Social Media Scanner is part of online services provided by ESET under Terms for my.eset.com account (https://my.eset.com/termsofusage/)
By using the ESET Social Media Scanner, You agree to be legally bound by TOS, which shall be effective on the first use. If you do not agree TOS, please do not access and/or use ESET Social Media Scanner.
ESET Social Media Scanner license
License provided by ESET grants you a non-exclusive and non-transferable right to use ESET Social Media Scanner. You may not copy, distribute, separate its parts or create derived versions of ESET Social Media Scanner, subject to the following conditions:
- a) You may not modify, interpret, reproduce ESET Social Media Scanner or transfer rights to use ESET Social Media Scanner or its copies;
- b) You may not sell ESET Social Media Scanner, sublicense or lease it to another person or hire the ESET Social Media Scanner from another person or lend it;
- c) You may not analyze, decompile, disassemble a source code or seek to obtain a source code of ESET Social Media Scanner in any other manner, except for the scope in which such limitation is explicitly prohibited by law;
- d) You may not create any derivative works based on ESET Social Media Scanner;
- e) You agree to use ESET Social Media Scanner only in the manner which is in accordance with all applicable legal regulations in the laws under which you use ESET Social Media Scanner including, without limitation, in accordance with applicable limitations arising from the Copyright Act and other intellectual property rights.
ESET and/or its respective suppliers own or can exercise copyright to ESET Social Media Scanner. The ESET Social Media Scanner can be used only in accordance with the License. Other details concerning Licensing, Copyright, Documents and Trademarks are stipulated in a Legal Information and also my.eset.com account Terms - if applicable.
AS THE USER YOU ACKNOWLEDGE THAT ESET SOCIAL MEDIA SCANNER IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NEITHER THE PROVIDER, ITS LICENSORS OR AFFILIATES, NOR THE COPYRIGHT HOLDERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE ESET SOCIAL MEDIA SCANNER WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. THERE IS NO WARRANTY BY THE PROVIDER OR BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN THE ESET SOCIAL MEDIA SCANNER WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE ESET SOCIAL MEDIA SCANNER WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION AND USE OF ESET SOCIAL MEDIA SCANNER TO ACHIEVE YOUR INTENDED RESULTS AND RESULTS OBTAINED FROM IT.
Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PROVIDER, ITS EMPLOYEES OR LICENSORS BE LIABLE FOR ANY LOST PROFITS, REVENUE, SALES, DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, LOSS OF BUSINESS INFORMATION OR FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR OTHER THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE ESET SOCIAL MEDIA SCANNER, EVEN IF THE PROVIDER OR ITS LICENSORS OR AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED, IN SUCH CASES, THE LIABILITY OF THE PROVIDER, ITS EMPLOYEES OR LICENSORS OR AFFILIATES SHALL BE LIMITED TO THE SUM THAT YOU PAID TO PROVIDER.
This TOS shall be governed by and construed in accordance with Slovak law. The End User and the Provider agree that conflict provisions of the governing law and United Nations Convention on Contracts for the International Sale of Goods shall not apply. You expressly agree that exclusive jurisdiction for any claim or dispute with the Provider or relating in any way to Your use of the Software resides in District Court Bratislava I., Slovakia and you further agree and expressly consent to the exercise of the personal jurisdiction in the District Court Bratislava I. in connection with any such dispute or claim.
ESET reserves the right to revise these TOS or any portion of them at any time without prior notice by updating this posting to reflect changes to the law or changes to ESET Social Media Scanner. You will be notified on such TOS revision within ESET Social Media Scanner. If you disagree with such TOS changes, you can cancel your ESET Social Media Scanner. Unless you cancel ESET Social Media Scanner, you are bound by any TOS amendments or revisions. You are encouraged to periodically visit this page to review the current TOS that apply to your use of ESET Social Media Scanner.
All notices must be delivered to: ESET, spol. s r. o., Einsteinova 24, 851 01 Bratislava, Slovak Republic.