First Hit Marketing Terms and
Conditions
Last updated: June 8, 2024
- Introduction
These Terms and Conditions (“Terms”) govern your access to and use of
the products, services, websites and applications (collectively referred to
as the “Services”) provided by First Hit Marketing and its
affiliated companies (collectively referred to as “First Hit Marketing” or “we”).
Please read these Terms carefully before using any of the Services. By
accessing or using any Service, you agree to be bound by these Terms. If
you do not agree to all the Terms, then you may not access or use the
Services.
- Eligibility and Acceptance
You must be at least 18 years old to use the Services. By accepting these
Terms, you represent and warrant that: (i) you are at least 18 years old;
(ii) you have not previously been suspended or removed from the
Services; and (iii) your registration and your use of the Services is in
compliance with all applicable laws and regulations. - Services and First Hit Marketing Policies
First Hit Marketing may make certain Services available to
individuals who register for a First Hit Marketing account
(“Account”). You must provide accurate and complete information and
keep your Account information updated.
First Hit Marketing provides its Services in accordance with its
policies as published on its website or within the Services. You agree to
adhere to all applicable First Hit Marketing policies when using
the Services. First Hit Marketing may revise its policies from
time to time by posting updated versions on its website and within the
Services.
First Hit Marketing may contact you via phone call, SMS, email
or other means using the contact information associated with your
Account in order to provide notices regarding the Services,
billing/payment issues, promotions or other transactional information.
- User Content
Some Services may allow you to upload content to your Account
including photos, videos, audio files, comments or other materials (“User
Content”). You retain ownership of your User Content.
You grant First Hit Marketing a worldwide, non-exclusive,
royalty-free, sublicensable and transferable license to use, reproduce,
distribute, prepare derivative works of, display, and perform your User
Content in connection with the Services.
You are solely responsible for your User Content and represent and
warrant that you have all rights necessary to grant First Hit Marketing the license rights in this section without infringing or violating
third party rights. You agree to abide by our Content Policy when using
or submitting User Content. First Hit Marketing reserves the
right to remove User Content from the Services at its discretion.
- Fees and Payment
Some Services require payment of fees. You agree to pay all applicable
fees based on First Hit Marketing’s payment terms. First Hit Marketing may change its fees and payment policies for the
Services by posting updated terms on its websites or within the
applicable Services. - Use Restrictions and
Termination
You agree not to misuse the Services or assist anyone else in doing so.
For example, you will not:
Copy, modify, host, stream, sublicense, or resell any part of the Services;
Access or use any Service in violation of applicable laws;
Upload viruses, spyware or other malicious code;
Violate the rights of others;
Send spam or other unsolicited communications;
Interfere with the proper operation of the Services; or
Access or use the Services for any illegal or unauthorized purpose.
If First Hit Marketing determines, in its sole discretion, that you
have violated these Terms then we may temporarily or permanently ban
you from the Services without notice. We may also block, restrict,
disable, suspend or terminate your access to the Services at any time in
our sole discretion. - Disclaimers and Limitations
of Liability
The Services and all information, products and other content included in
or accessible from the Services are provided on an “as is” and “as
available” basis.
To the fullest extent permitted under applicable law, First Hit Marketing disclaims all representations and warranties of any kind,
whether express, implied or statutory, regarding the Services and your
use thereof.
First Hit Marketing does not warrant that the Services will be
uninterrupted, timely, secure, error-free or free from viruses or other
harmful components.
First Hit Marketing will not be liable for any damages arising
out of your use of the Services. This includes direct, indirect, incidental,
punitive and consequential damages.
- Indemnity
You agree to fully indemnify, defend and hold harmless First Hit Marketing and its officers, directors, employees and agents,
from and against any and all claims, damages, obligations, losses,
liabilities, costs and expenses arising from: (a) your access to or use of
the Services; (b) your User Content; (c) your violation of these Terms; or
(d) your violation of any third party rights. - General Provisions
These Terms constitute the entire agreement between you and First Hit Marketing relating to their subject matter and supersede any
prior version of these Terms.
These Terms do not create any third party beneficiary rights or any
agency, partnership or joint venture.
First Hit Marketing’s failure to enforce a provision is not a
waiver of its right to do so later.
If any provision of these Terms is found unenforceable then that
provision will be severed from these Terms. The remaining Terms will
remain in full effect.
First Hit Marketing may assign any of its rights and obligations
under these Terms.
These Terms are governed by the laws of the State of Florida without
regard to conflict of law principles. You agree that any dispute arising
out of or relating to these Terms or the Services will be subject to the
exclusive jurisdiction and venue of the state and federal courts located in
Florida.
Contact Us
If you have any questions about these Terms or the Services, please
contact us at: support@firsthitmarketing.com