Certain services may be subject to additional terms and conditions specified by us from time to time, and Subscriber’s use of such services is subject to those additional terms and conditions, which are hereby incorporated into this Agreement by reference.
1. Definitions. In addition to the capitalized terms defined elsewhere in this Agreement, as used in this Agreement, the following capitalized terms have the meanings given to them in this Section 1.
1.1 “Affiliate” means any entity which directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control,” for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
1.2 “Content” means any text, images, sounds, video, graphics, audience, names, logos, marks or symbols transmitted in connection with the Services.
1.3 “Data” means all data generated, created or provided in connection with Subscriber’s use of the Services, which may include, without limitation, personal information relating to an identifiable natural person, either alone or in combination with other information, and analytics information. Data includes Subscriber Data and OE Data.
1.4 “Improvements” means any improvement, refinement, enhancement, or other modification of, or any addition to, the Platform.
1.5 “Malicious Code” means viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs.
1.6 “LR Data” means all Data generated, created or provided by LikeReferrals in connection with Subscriber’s use of the Services, including Data generated, created or provided by its agents, vendors, service providers or other third parties engaged by LikeReferrals, which is not Subscriber Data.
1.7 “Platform” or “LikeReferrals Platform” means the tools and features (including the Services) developed, operated and maintained by LikeReferrals as to which Subscriber is obtaining access to hereunder via http://www. HYPERLINK “https://www.outboundengine.com/”LikeReferrals HYPERLINK “https://www.outboundengine.com/”.com and other LikeReferrals owned or controlled websites, and/or mobile services, including, without limitation, our mobile applications and any related software provided on or in connection with the foregoing.
1.8 “Services” means the services provided to Subscriber based upon the Subscriber’s subscriptions hereunder, pursuant to this Agreement and any applicable Service-Specific Terms. Services may include, without limitation: (a) LikeReferrals’s managing elements of the Platform on Subscriber’s behalf and/or generating content to be processed via the Platform or (c) such other services made available to, and subscribed for by, Subscriber through the Platform.
1.9 “Service-Specific Terms” means the supplemental terms of this Agreement that are specific to any particular Service for which Subscriber has subscribed.
1.10 “Subscriber Content” means Content provided by Subscriber under this Agreement, including pursuant to any Service-Specific Terms.
1.11 “Subscriber Data” means all Data provided by Subscriber to LikeReferrals, including Subscriber’s own contact information.
1.12 “Subscriber Marks” means all proprietary marks (including, without limitation any trademarks, service marks, trade dress, or other marks or logos) of Subscriber or its Affiliates heretofore or hereinafter registered or used.
1.13 “Third-Party Applications” means technology, Web-based applications and offline software products that are provided by third parties, interoperate with the Platform, and are not owned or created by LikeReferrals.
1.14 “Users” means individuals who are authorized by Subscriber to use the Platform on Subscriber’s behalf, and who have been assigned a unique username-password combination to access and use the Subscription Services, or who have otherwise been provided with access to Subscriber’s Account (defined below). Users may include but are not limited to Subscriber’s employees, consultants, contractors, and agents, or other third parties.