Terms of Service
Terms of Service
PLEASE READ THIS STATEMENT OF PRIVACY PRACTICES CAREFULLY BEFORE USING OUR SERVICE. BY VISITING THE WEBSITES OR USING THE SERVICES IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND A PARTY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU HAVE NO RIGHT TO USE THE WEBSITE OR SERVICES. USE OF COMPANY’S SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS.
1. A subject of the Terms of Service
SocialChisel reserves the right, in its sole discretion, to modify this Agreement at any time by posting a notice on the Website, or by sending you a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.
Please note that we reserve the right, in its sole discretion, to change these Terms at any time upon notice. You can review the most current version of Terms at any time. The updated Terms are binding on you on the version date indicated in the updated Terms. If you do not agree to the updated Terms, you must stop using the SocialChisel service. Your continued use of the service after the effective date will constitute your acceptance of the updated Terms.
2. Service Description
The Services, and its contents may only be used in accordance with the terms of this Agreement. All materials offered, displayed or performed on the Services (including, but not limited to software, text, graphics, articles, photographs, images, illustrations (also known as the “Content”)) are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
The Services are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other intellectual property laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section 2), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
You may download or copy the Content (and other items displayed on the Services for download) for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content other than personal, noncommercial use is expressly prohibited without prior written permission from SocialChisel or from the copyright holder identified in such Content’s copyright notice. If you link to the Website, SocialChisel may revoke your right to so link at any time, at SocialChisel’s sole discretion. SocialChisel reserves the right to require prior written consent before linking to the Website.
You understand that all publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that SocialChisel will not be liable for any errors or omissions in any content. You understand that SocialChisel cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, SocialChisel cannot guarantee the authenticity of any data which users or merchants may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Under no circumstances will SocialChisel be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
3. PAID ACCOUNTS
3.1 Fees. SocialChisel offers fee-based SocialChisel Services that provide additional features and functionality. Pricing and services for paid accounts are described on SocialChisel’s Services pricing page and may be updated from time to time. If you sign up for a paid account, you agree to pay SocialChisel all applicable fees for the tier of SocialChisel Services according to your selection. Fees are non-refundable except as required by law or as otherwise specifically permitted in this Agreement.
3.2 Auto-renewals and Trials. If your account is set to auto-renew or is in a trial period and you have already provided a method of payment to SocialChisel for the Services, SocialChisel will charge your payment account automatically at the end of the trial or beginning of each renewal term for the renewal term, unless you notify us that you want to cancel or disable auto-renewal before the expiration of the then-current term. You may terminate the Agreement in your account’s Account Details page, or, if you purchased your Service through a SocialChisel account representative by contacting your SocialChisel account representative. If you are on a paid account plan lasting twelve (12) months or longer, we will notify you within 30 days before your account renews, including any changes in the Fees for the plan.
33 Payment. Customer will pay SocialChisel invoices on the payment interval selected. If not otherwise specified, payments will be due immediately. Customer authorizes SocialChisel to charge Customer for all applicable Fees using Customer’s selected payment method through SocialChisel’s online payments platform. Customer will provide complete and accurate billing and contact information to SocialChisel. SocialChisel may suspend or terminate the Services if Fees are past due. Unpaid Fees are subject to a finance charge of one percent (1.5%) per month (18% per annum), or the maximum permitted by law, whichever is lower, plus all expenses of collection, including reasonable attorneys’ fees.
3.4 Taxes. Fees are exclusive of taxes, duties, levies, tariffs, and other governmental charges (collectively, “Taxes”), and Customer is responsible for all Taxes resulting from this Agreement or Customer’s use of the SocialChisel Services. SocialChisel will invoice Customer for Taxes when required to do so by applicable law, and Customer agrees to provide payment under the terms of the invoice. In the event Customer is required by law to deduct and withhold any Taxes on amounts payable under this Agreement, any amounts required to be withheld will be promptly deducted and timely remitted by the Customer on behalf of SocialChisel to the appropriate taxation authority and Customer agrees that it will provide SocialChisel with copies of all necessary documents (including but not limited to tax receipts received from the applicable tax authority) in order for SocialChisel to claim and receive a foreign tax credit in an amount corresponding to the amount withheld by the Customer.
3.5 Downgrades. SocialChisel reserves the right to downgrade, suspend or terminate Customer’s access to any or all SocialChisel Services if Fees are past due.
5. Obligations of the User on use of service
You may sign up for a personalized account ("User Account") with SocialChisel in order to access the full range of features offered by the Website and Services. In creating your User Account, you agree to submit accurate, current and complete information about yourself and keep this information updated. SocialChisel reserves the right to suspend or terminate User Accounts which it suspects are used in contradiction to these Terms of Service and/or contain information that is untrue, inaccurate, not current or incomplete.
When you create your User Account, you will choose a personal, non-transferable password. User Accounts may not be "shared" or used by more than one individual. After you accept these Terms of Service and your User Account registration has been accepted by SocialChisel, your User Account will be established. You are solely responsible for any and all activities that occur under your User Account, whether or not such use was authorized by you.
You may also access the Website, and Service by logging in using an authorized third party social network account, such as a Facebook or Twitter account. By doing so, you authorize SocialChisel to collect your personal profile and activity information from that third party social network.
Please note that if you opt to use your Facebook account to login to our Website and/or use our Services, SocialChisel is able to access all of your data in connection with your Facebook account, including, without limitation your friends list, pictures you posted or those posted of you on Facebook, businesses and stories you "liked", places you visited, etc.
This information you provide is used for such purposes as allowing you to set up a User Account and profile that can be used to interact with other users through the Service, improving the content of the Service, customizing the advertising and content you see, and communicating with you about specials and new features. It is completely optional for you to engage in these activities and/or make any purchases from SocialChisel.
You agree and understand that you are responsible for maintaining the confidentiality of all user names and passwords associated with any User Account you use to access the Website and Services. Additionally, you may not use a User Account that belongs to someone else at any time without the permission of that account holder. SocialChisel is not liable for any harm caused or related to the theft or misappropriation of your user name, password, User Content, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. However, you could be held liable for losses incurred by SocialChisel, another user or any third party due to misappropriation and use of your User Account. If you become aware of any unauthorized use of your User Account, please notify SocialChisel immediately.
User Account holders may upload, store or transfer files, videos, pictures, data, information, and other material through the Website, SocialChisel blog and Services ("User Content"). SocialChiseldoes not own any User Content and does not monitor, edit, or disclose any information regarding you or your User Account without your prior permission. SocialChiselal so does not, as a matter of practice, review, inspect, edit or monitor any User Content posted, stored, or accessed by you or any other user of the Website or Services. However, SocialChisel reserves the right, solely upon its own discretion, to refuse, remove, or disable access to User Content that SocialChisel learns may be illegal or may violate the terms of these Terms of Service, although it has no obligation to do so. SocialChisel's action or inaction to regulate content or conduct or to enforce against any potential violation of these Terms of Service by any user (or any other third party) does not waive SocialChisel's right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct, or potential Terms of Service violation.
SocialChisel does not control, is not responsible for, and makes no representations or warranties with respect to any User Content. You are solely responsible for your access to, use of and/or reliance on any User Content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research, and due diligence with respect to any User Content. It your responsibility to investigate the licensing of any User Content prior to using such User Content in any way and to ensure that your use of any such User Content complies with all applicable laws, licensing requirements and does not infringe third parties' proprietary rights. You are also responsible for any content that you post or transmit as well as all content posted or transmitted through or by use of your User Account.
Content prohibited from the Website and Services include but is not limited to: (1) illegal content; (2) content relating to the creation, advertising, distribution, or receipt of illegal goods or services; (3) offensive content (including, without limitation, defamatory, threatening, or pornographic content); (4) content that discloses another person's personal, confidential, or proprietary information; (5) fraudulent content; (6) malicious content such as malware or spyware; and (7) content that offers, promotes, advertises or provides links to unsolicited products or services.
A cookie is a small data file that is transferred to your device (e.g. your phone or your computer) which collects information, including personal information about you. For example, a cookie could allow the Site to recognize your browser/login details, while another could store your preferences and other information and let you navigate the Site effectively. Cookies can also help to ensure that adverts you see online are more relevant to you and your interests. We may partner with or receive services from third parties which you can visit from our website.
We may also embed external content and features from such third parties within our website (e.g. social media networks such as LinkedIn, Facebook and Twitter). We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies.
You agree to use the Website and Services only for purposes permitted by these Terms of Service as well as any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. SOCIALCHISEL IS NOT RESPONSIBLE FOR ANY VIOLATION OF APPLICABLE LAWS, RULES, OR REGULATIONS COMMITTED BY YOU OR A THIRD PARTY AT YOUR BEHEST. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOUR USE OF THE SOCIALCHISEL APPLICATION, WEBSITE, AND SERVICES DOES NOT CONTRAVENE APPLICABLE LAWS, RULES, OR REGULATIONS. Specifically, you agree and warrant that in using the Website and Services, your actions do not contravene the laws, rules, or regulations of (1) the country, state, or locality where you reside, or (2) the country, state, or locality where SocialChisel is located or operates. This includes complying with applicable export and import restrictions as well as other restrictions.
You warrant, represent and agree that you will not use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) involves commercial activities and/or sales without Company’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including without limitation any employee or representative of Company; or (vi) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. Company reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that you may have breached the immediately preceding sentence), or for no reason at all.
You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that interfere with the proper working of or place an unreasonable load on the Services’ infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any part of the Service or the Content is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.
You may not use the Website or Services for any purpose that is unlawful, prohibited by these Terms of Service, or in any way interferes or attempts to interfere with the proper working of the Website or Services. You may not use the Website or Services in any manner that could damage, disable, overburden, or impair the Website or Services, or that interferes with any third party's use and enjoyment of the Website or Services. You agree that you will not use any third-party software that intercepts, "mines," or otherwise collects information from or through the Website or Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by SocialChisel to all users of the Website or Services. You shall not institute, assist, or become involved in an attack upon any SocialChisel server or otherwise attempt to disrupt the SocialChisel servers. ANY ATTEMPT BY YOU TO DAMAGE SOCIALCHISEL'S SERVERS OR UNDERMINE THE LEGITIMATE OPERATION OF SOCIALCHISEL IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE OR ASSISTANCE FOR SUCH AN ATTACK BE PROVIDED, SOCIALCHISEL RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT PERMITTED BY LAW.
8. Exemption from guarantee
The user understands and agrees that:
a. Use of Service SocialChisel is carried out on own risk of the User. Service SocialChisel is granted subject to conditions "as is". SocialChisel does not accept any responsibility, including for a material (further - "Content"), accessible to downloading on found http-direct links, placed on the pages of WEB-sites indicated by the User;
b. Any guarantees are not represented to the user, that Service will correspond to expectations of the User; services will be granted continuously, reliably, fast and without errors; results which can be received during use of Service, will be exact and reliable; quality of any service, the information and the other content received with use of Service, will correspond to expectations of the User; all errors in the software of Service will be corrected. The user independently makes the decision on use of Service for satisfaction of the requirements and carries out an independent choice of a content, addresses of its placing, observance of conditions of its order and acquisition, and also use of services of the communication represented by third persons under the responsibility;
c. Any content received with use SocialChisel, the User can use on own fear and risk, responsibility for any damage which can be put to the computer of the User and the data of the User as a result of loading of this content is placed at the User;
d. Use by the User of Service for specific goals does not infringe upon the property and/or personal non-property rights of third persons, including author's and neighboring rights, the rights to trademarks, service marks and names of places of an origin of the goods, the rights to industrial designs, rights of use of images of people etc., and the user receives all necessary permissions from authorized persons;
e. Service SocialChisel is intended for personal, house, family and others not connected with realization of entrepreneurial business of needs of physical persons. Use SocialChisel in commercial objectives is not allowed;
f. The holder of Service is not connected in any way with a content placed by third persons in a network the Internet, and does not carry out check of the contents, authenticity and safety of this content, and also its meeting the requirements of an applicable law, and presence at the User of necessary volume of the rights to their use;
g. At use of SocialChisel the User can receive the Content which can consider containing the information of offensive or obscene character, unduly frank and also infringing an applicable law and the rights of third persons. On some found http-links on the content placed on pages specified by the User - the content focused only on an adult audience (and also a content limited to the legislation of host country of the User) can be accessible to downloading;
h. All responsibility for the Content (placed on the pages of WEB-sites indicated by the User) and conformity to its requests of an applicable law bears the person who created the given Content and (or) has placed it in a network the Internet;
i. Functionality SocialChisel does not allow to carry out playback (loading) of a content, passing WEB-sites on which the content is placed. The general review and Playback of a content occurs from the WEB-site specified by the User (on which the content is placed);
j. The owner of Service has the right to stop (Temporarily or finally) under own discretion granting of services (or any separate functions of Service within the limits of services) to all users in general or to the separate User, without the prior notification of the User;
k. SocialChisel can contain links to other WEB-sites, thus the holder of Service does not bear any responsibility for availability of these WEB-sites, for their content and advertising materials, and also for any consequences connected with use of given WEB-sites, their content or advertising;
l. The holder of Service is eliminated from any responsibility in connection with the infringements admitted by you, and also causing to you of harm or losses under the circumstances indicated above.
This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services at any time. Company may terminate or suspend your access to the Services or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. Company may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Services, access the Website, and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Company’s prior written consent. Company may transfer, assign or delegate this Agreement and its rights and obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Company in any respect whatsoever.
SocialChisel does not bear any responsibility nor assumes any risks if by any reason a product or a service made available on this Website breaches national law of any country. Those who access the Website or Services do so at their own initiative and are responsible for compliance with their national laws.
Copyright © 2019 SocialChisel. All rights reserved. The Website and Services and accompanying products and documentation are the copyrighted property of SocialChisel and/or its licensors and protected by copyright laws and international intellectual property treaties. SocialChisel and related logo, and all related product and service names, design marks and slogans are the trademarks and/or registered trademarks of SocialChisel. All other product and service marks contained herein are the trademarks of their respective owners. Any use of the SocialChisel or third party trademarks or logos without the prior written consent of SocialChisel or the applicable trademark owner is strictly prohibited.