- User Conduct.
You may use the Service only for your sole, personal use. You may not: 1) Use the Service for commercial purposes, or for commercial solicitation, promotion,
advertising or marketing; 2) Impersonate others or authorize others to use your account; 3) Post or transmit any material that is defamatory, obscene, pornographic,
abusive, infringing, violative of any third party’s rights, or otherwise unlawful; 4) Act in a manner that constitutes a crime or creates civil liability under any
local, state, federal, national or other law or regulation; 5) Transmit "junk mail," "spam," or "chain letters" or unsolicited group
distribution of email; 6) Violate our security or the security of any of our affiliates; 7) Access files, data or any account without authorization; 8) Disrupt the
Service by any means; or 9) Forge any TCP/IP packet header or any part of the header information in any e-mail or posting.
For protection of members against such conduct (mentioned above), a 40 message-per-day limited has been imposed on members until the messages can be reviewed. If the messages do no not violate on the User Agreement, that member will be able to send messages again the following day. If the messages are in violation, the member will be permanently block from the service.
- Monitoring of Posted Material.
We have no obligation to monitor, screen, edit or otherwise control any material posted on or transmitted through the Websites (collectively,
"Postings"); however, we may, at our discretion, monitor the Websites to determine compliance with this Agreement and other agreements, and with all laws and
regulations. We may use lawful means to intercept and/or disclose Postings to the extent reasonably necessary to protect our rights or the rights of any third party, or
to comply with any law, regulation or governmental request. We may also review, edit, refuse to post or remove any Postings displayed on or transmitted through the
Websites.
- Registration.
Some elements of the Services require registration and creation of a public profile and password. If you register, you must provide and maintain correct,
complete and current information at registration and thereafter.
If you create a public profile, you may not use any telephone number, street address, screen name,
URL, email address or other material that contains offensive, anatomical and/or sexual references. You may not post any images containing nudity or offensive material on
the Websites.
You are solely responsible for maintaining the confidentiality of your password. You will never be required to reveal your password to any
representative or agent of us or our agents.
You must notify us of any known or suspected unauthorized use of your account or of the Services, including without
limitation loss, theft, or unauthorized disclosure of your password or credit card information.
You are responsible for all activity and transmission made on your
account, and interactions with other users.
- Fees.
In the event that you agree to participate in any paid Services or purchase any products, goods or services, you agree to timely pay the applicable fee as
posted. We reserve the right to charge or change fees for access to elements of the Service by posting notice of the change on the Websites. Interest shall be applied to
any amount not paid when due, and shall accrue at the rate of the lesser of one and one-half (1.5%) percent per month or the highest rate permitted by law.
- Ownership of Material on Websites.
You acknowledge and agree that all material published, displayed or a part of the Service, including but not limited to text, graphics, images, data,
information, software, audio, video and/or Postings (collectively, the "Material") may be protected by copyright, trademark, patent and other proprietary rights
and laws. Except for public domain material, the Material it is owned or controlled by us, our licensors, suppliers or other third parties. You agree to abide by and not
infringe any rights or restrictions contained in any Material.
You acknowledge and agree that you may only display protected Material for your own personal,
non-commercial use as expressly authorized, and may not make any other use, including without limitation copying, reproducing, transmitting, distributing, or creating
derivative works without express authorization.
If you upload or post any Material to any public area of the Websites, you acknowledge and represent that such
Material is non-confidential and non-proprietary, and you automatically grant us, our licensees and affiliates, and warrant that you have the right to so grant, an
irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute such Material for any purpose and in any medium now or
hereafter known including but not limited to postings in advertising and promotions.
You agree that you will not post, distribute or reproduce any Material in
violation of copyright, trademark, rights of publicity, rights or privacy and/or other proprietary rights.
You have no rights to the proprietary software and
related documentation, or any enhancements or modifications thereto, necessary to access the Service ("Access Software"). You may not sublicense, assign or
transfer the Access Software or any licenses granted by SocialPlus, and any such attempt shall be void. You may not copy, distribute, modify, reverse engineer, or create
derivative works from the Access Software.
- Privacy Policy.
Our Privacy Policy as may be amended from time, is incorporated by reference herein and made a part of this Agreement. Please
read it carefully.
- Right To Amend.
We reserve the right to amend or add to this Agreement from time to time by posting such changes to the Websites. Your continued use of the Service following
any change will constitute your binding acceptance of such change. Additionally, we reserve the right to change, suspend or discontinue any elements of the Services, or
the entire Service without cause, notice or liability.
- Third Parties.
The Websites may contain links or advertisements to third parties including without limitation advertisers, suppliers, vendors, websites, or SocialPlus
affiliates or partners (collectively, "Third Parties"). Any correspondence, agreements, transactions or other dealings with between you and Third Parties,
including agreements entered into through click-through agreements with Third Parties accessible through the Websites, is solely between you and such Third Party. We do
not endorse and are not responsible or liable for any service, content, advertising, products, goods, or other materials on or available from Third Parties (collectively,
"Products"). You agree not to hold us liable for any loss or damage whatsoever suffered by you in connection with dealings with, or Products obtained from Third
Parties.
- Termination.
If you have registered or subscribed to any Services, you may terminate your account at any time by sending written notice via email to Cancel. Upon termination, you will receive an automated confirmation via e-mail that the request was received, and your access will be suspended. You are
responsible for all monthly fees and charges posted or incurred up until the time the account is deactivated. We may, at our sole discretion, terminate or suspend your
access to all or part of the Service for any reason without liability, including without limitation any fraudulent, abusive, or otherwise illegal activity.
- Disclaimers.
SOCIALPLUS DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY MATERIAL ON THIS OR ANY OF THE SOCIALPLUS WEBSITES. WE NEITHER ADOPT, ENDORSE
NOR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE, OR MATERIAL POSTED, BY THIRD PARTIES OR OTHER USERS THAT ARE DISPLAYED,
UPLOADED OR DISTRIBUTED THROUGH THE SOCIALPLUS WEBSITES. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANY RELIANCE ON SUCH
STATEMENTSOR MATERIAL.
The SOCIALPLUS WEBSITES, ALL PRODUCTS AND SERVICES OFFERED THEREON BY SOCIALPLUS, AND ALL the materials POSTED THEREON are provided "as
is" and "as available". To the fullest extent permissible under applicable law, we disclaim all warranties, express or implied, including, but not limited
to, implied warranties of merchantability, fitness for a particular purpose, or noninfringement. WE DISCLAIM ANY WARRANTY that the SOCIALPLUS Service OR WEBSITE will be
uninterrupted or error-free, that defects will be corrected, OR WILL BE free of viruses or other harmful components. You AGREE that use of the Service AND WEBSITES is at
your sole risk.
IT IS ACKNOWLEDGED THAT THERE ARE INHERENT RISKS IN COMMUNICATING WITH, AND INTERACTING WITH, THIRD PARTIES INTRODUCED THROUGH THE SOCIALPLUS
SERVICES. SOCIALPLUS STRONGLY CAUTIONS ALL USERS TO BE PRUDENT IN SUCH COMMUNICATIONS AND INTERACTIONS. SOCIALPLUS DISCLAIMS ALL LIABILITY FOR ANY DAMAGES ARISING AS A
RESULT OF SUCH COMMUNICATIONS AND INTERACTIONS.
sOME JURISDICTIONS LIMIT THE APPLICABILITY OF THE ABOVE LIMITATIONS OF LIABILITY.
- Limitation of Liability.
To the fullest extent permissible under applicable law, SocialPlus shall not be liable under any circumstances, including but not limited to negligence, for
any indirect, incidental, special or consequential damages that result from the use of or the inability to use the SocialPlus Websites or the Services, any changes to the
Websites or Services, unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any
transactions entered into through the Service, even if SocialPlus knows or has been advised of the possibility of such damages. You specifically agree that we are not
responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any third party infringement of another's
rights, including intellectual property rights. If you are dissatisfied with the Service for any reason, with this Agreement, or with any of SocialPlus's terms and
conditions, your sole and exclusive remedy is to discontinue using the Service.
SocialPlus’s liability to you for any cause whatsoever shall be limited to the
amount paid, if any, by you to SocialPlus for the service during the term of membership.
Certain jurisdictions limit the applicability of these limitations of
liability.
- Indemnification.
You hereby indemnify, defend, and hold harmless us, and all our officers, directors, owners, agents, information providers, affiliates, partners, suppliers,
licensees, licensors (collectively, the "Indemnified Parties") from and against any and all liability and costs (including reasonable attorneys’ fees)
incurred by the Indemnified Parties in connection with any claim arising in connection with: 1) any breach by you of this Agreement; 2) any breach of any representation
or warranty made by you in connection with this Agreement or the Services; 3) any use of the Services through your account; and/or 4) any Material posted to the Service
by you or through your account. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the
exclusive defense and control of any matter otherwise subject to indemnification by you.
- Copyright Violations.
We will terminate the privileges of any user who uses the Websites to unlawfully transmit copyrighted material without a license, express consent, valid
defense or fair use exemption to do so. In particular, users who submit content to the Websites, whether articles, images, stories, software or other copyrighted material
must ensure that the content they upload does not infringe the copyrights or other rights of third parties (such as privacy or publicity rights). After proper
notification by the copyright holder or its agent to us, confirmation through court order or admission by the user that the user has used the Websites or Services as an
instrument of unlawful infringement, we will terminate the infringing users' rights to use and/or access to the Websites and Services. We may also in our sole discretion
decide to terminate a user's rights to use or access to the Websites prior to that time if we have a good faith belief that the alleged infringement has occurred.
- Designated Agent for Copyright Violations.
If any person or entity believes that its copyright has been infringed on or through the use of the SocialPlus Websites, please contact and provide details of
such infringement to SocialPlus’s Designated Agent for Copyright Violations at SocialPlus.com, Inc., 356 West 40th Street, 3rd Floor, New York, NY
10018, , copyrightviolation
- Notice.
Any notice to us shall be made by overnight courier service or U.S Certified Mail, Return Receipt Requested to:
SocialPlus.com, Inc.
Attn: Customer
Service
356 West 40th Street, 3rd Floor
New York, NY 10018
We may provide notices of changes to the Agreement or other matters by displaying notices to
users on the Websites, or by e-mail or regular mail.
- Customer Service.
If you have any questions or concerns concerning the Service, please contact us at Help.
- Miscellaneous.
You agree that New York law (regardless of conflicts of law principles) shall govern this Agreement, and you irrevocably consent to the exclusive jurisdiction
of the state and federal courts located within the County and State of New York to resolve any disputes arising from this Agreement. This Agreement contains the entire
agreement between you and us regarding the use of the Service and Websites. The section titles in the Agreement are for convenience only and have no legal or contractual
effect. We may assign, delegate and/or otherwise transfer this Agreement or its rights and obligations hereunder to any person or entity. You may not assign, delegate or
otherwise transfer this Agreement or your rights or obligations hereunder without our prior written consent. This Agreement may only be amended upon posting of change by
us on the Websites, or by a writing signed by you and one of our authorized individuals. If any provision of this Agreement is found illegal or unenforceable, it will be
enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of this Agreement will not be affected.