Terms and Conditions
Social5, LLC, a Utah Company
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY
Social5, LLC., (“Social5”) PROVIDES YOU ACCESS AND USE OF THIS SITE SUBJECT TO YOUR COMPLIANCE WITH THESE TERMS AND CONDITIONS OF USE (the “Terms”). BY ACCESSING, BROWSING AND USING THIS SITE (the “Site”), YOU AGREE TO BE BOUND BY THE TERMS AND ALL APPLICABLE LAW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND APPLICABLE LAW EACH TIME YOU USE THIS SITE OR YOU DO NOT HAVE THE AUTHORITY TO AGREE TO OR ACCEPT THESE TERMS, YOU MAY NOT USE THE SITE. SINCE Social5 MAY REVISE THE TERMS AT ANY TIME, YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THE TERMS OF YOUR USE. AT Social5, WE RESERVE THE RIGHT TO UPDATE OR MODIFY THESE TERMS AT ANY TIME WITHOUT PRIOR NOTICE. YOUR USE OF THE SOCIAL5.COM SITE FOLLOWING ANY SUCH CHANGE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE TERMS AS CHANGED. FOR THIS REASON, WE ENCOURAGE YOU TO REVIEW THESE TERMS WHENEVER YOU USE THIS SITE.
1. Related Policies and Terms
The Terms apply exclusively to your access to, and use of, this Site and do not alter in any way the terms or conditions of any other agreement you may have with Social5for products, services, or otherwise. Social5 has adopted a Privacy Statement that you should refer to in order to fully understand how we use and collect information. To learn about Social5’sprivacy practices, please refer to the Privacy Statement section of the Site.
2. United States Usage
This Site is operated by a U.S. entity and is governed by the state and federal laws of the United States. The laws of your jurisdiction may be more or less strict than the laws that apply to this Site. If you access this Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction in addition to all applicable provisions of these Terms.
3. Use of this Site
This site and all its contents are intended solely for personal, non-commercial use. You may download or copy the contents and other downloadable materials displayed on the site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted below), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the contents of the Site or any related software. All software used on this Site is the property of Social5 or its affiliates and protected by U.S. and international copyright laws. The content and software on this site may be used only as a protection resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited.
4. Changes, Availability and Sales Tax
Subject to applicable law, we: (a) reserve the right to change the goods and services advertised or offered for sale through this Site, the prices or specifications of such goods and services, and any promotional offers and any other Site Materials at any time and from time to time without any notice or liability to you or any other person; (b) cannot guarantee that goods or services advertised or offered for sale by a customer will be available when ordered through the service provider; and (c) do not warrant that the Site Materials (including without limitation product descriptions or photographs) are accurate, complete, reliable, current or error-free. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you.
Any and all sales tax on merchandise you order from a service provider shall be collected by the service provider or you may be responsible to pay the sales or use tax yourself. Social5 shall not be responsible to collect any sales or use tax on any items offered through the service providers of the Site.
5. Security, Password and confidentiality
Social5 does not sell your lists, or share your information. We have a strict do-not-sell policy that we take very seriously. This means that no one has access to your personal account information, subscriber details, or contact list. State-of-the-art 128-bit SSL encryption and secure data connections Social5 do not store Credit card numbers. Social5 does not store any other personal information about a customer’s contacts—we only store the email address and optionally a name and phone number. Social5 also stores any optional information (name, phone number, notes, etc.) explicitly provided by you or your contacts. Your client contact data are encrypted and passed via Secure Sockets Layer (SSL). All information is housed offsite in undisclosed, physically secure locations. we take security seriously.
If you use a password to access this Site or any portion of it, then you are responsible for maintaining the confidentiality of the password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur on your account or with your password. In the event that the confidentiality of your account or password is compromised in any manner, you will notify Social5 immediately. Social5 reserves the right to take any and all action, as it deems necessary or reasonable to maintain the security of the Site and your account, including without limitation terminating your account, changing your password, or requesting information to authorize transactions on your account. While Social5 takes prudent steps to protect your account and the Site, it cannot protect your information outside of the Site. For example, when Social5 communicates with you via unencrypted email from time to time at your request, the communication is not secure, is not stored securely, and the information contained may be viewed by others. You acknowledge that by requesting information by email, you agree that we may transmit it to you from time to time and store it in an unencrypted form and manner. Social5 may rely on the authority of anyone accessing your account or using your password and in no event will Social5 be held liable to you for any liabilities or damage resulting from or arising out of (i) any action or inaction of Social5 under this provision; (ii) any compromise of the confidentiality of your account or password, or (iii) any unauthorized access to your account or use of your password.
6. Intellectual Property
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips and written and other materials that are part of this site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Social5, one of its affiliates or by third parties who have licensed their materials to Social5, and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of Social5and is also protected by U.S. and international copyright laws.
In addition, all page headers, custom graphics, button icons, and scripts are trademarks and/or trade dress of Social5, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Social5. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners. Except as stated in the Terms, none of the materials and Intellectual Property described in these Terms may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Social5 or the respective intellectual property owner. You may electronically copy and print to hard copy portions of this Site for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials in this Site – including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance – without the prior written permission of Social5 – is strictly prohibited.
To notify us of a copyright infringement, write to us at firstname.lastname@example.org or at our physical address:
13961 S Minuteman Drive Suite 125
Draper, Utah 84020
Include the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements)
a. The physical or electronic signature of the owner or someone authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
b. A description or identification of the copyrighted work you claim has been infringed.
c. A description of the material that is claimed to be infringing, and information reasonably sufficient to allow us to find it.
d. Your address, telephone number, and e-mail address.
e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
f. A statement, under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on behalf of the owner.
7. Outbound Links
Social5 is not responsible for the content of any website linked to our Site; for any loss or damage you may incur from dealing with any third party found on or through our Site, including your participation in promotions, the payment for and delivery of goods or services, or any request for products or services presented on our site. We are not responsible for any terms, conditions, warranties, or representations associated with such dealings. YOUR USE AND CONNECTION TO ANY SUCH THIRD PARTY WEBSITE IS AT YOUR OWN RISK.
We provide links and access to third party web sites or services that contain information that is provided as a service to those interested in the information. Social5 neither regularly monitors nor assumes responsibility for the content of third parties’ statements or web sites. Accordingly, Social5 does not endorse or adopt these web sites or any information contained therein. Social5 makes no representations or warranties whatsoever regarding their accuracy or completeness.
If you register on the Site, you agree that any information you provide to us will be current, accurate and complete. You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to Social5, or postings on this Site (“Submissions”) are non-confidential (subject to our Privacy Statement) and that you remain solely responsible and liable for your Submissions. You further hereby grant (or warrant that the owner of the Submissions has granted) to us and our assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on our part or of our assigns, and you hereby waive all moral rights, or agree, represent and warrant that all moral rights in the Submissions (including without limitation the rights of paternity, attribution and integrity) are irrevocably waived, in favor of us and our assigns.
By using the Site, you agree not to (1) upload to, distribute or otherwise publish through this Site any message, information, text or other material (“Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable; (2) upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law; (3) upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party by posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content; (4) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; (5) upload to, distribute or otherwise publish through this Site any Content such as charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes, advertising or solicitations for funds, political campaigning, mass mailings, any form of unsolicited commercial email or “spam,” (regardless of whether the email itself complies with the requirements of federal or state law for sending commercial email) or offering or disseminating fraudulent goods, services, schemes or promotions; or (6) disseminate any harmful content of any kind, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancel bots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.
All access to and use of this Site is governed by and subject to the Terms. We have the right, but not the obligation, to monitor any activity and Content associated with forums and interactive areas on this Site. We may access at any time and use internally for any lawful purpose information stored on our systems, including the content of any emails or other communications. We may disclose such information to any third party including law enforcement agencies to protect our rights or property in response to legal process, or in a good faith belief that such disclosure is justified or required in an emergency situation. We may investigate any reported violation of our policies or complaints and take any appropriate action that we deem appropriate. Social5 has the right, but not the obligation, to take any action we deem appropriate, including but limited to action to issue a warning, suspend or terminate your access and use of the Site and related services at any time, and block, remove or edit any communication and materials that Social5believes in its sole discretion may violate applicable law, the Terms or a third party’s rights. Social5 takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
10. User Conduct
You remain solely liable for the Content of any messages or other information you upload or transmit to the discussion forums or interactive areas of this Site. You agree to indemnify and hold harmless Social5 and its parents, subsidiaries, affiliates, employees, agents and representatives from any claim, action, demand, loss, or damages (including attorney fees) made or incurred by Social5 or any third party arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of any rights of Social5 or of a third party. Indirect or attempted violations of these Terms or any policy, and actual or attempted violations by a third party on behalf of a user of this Site will be considered violations of these Terms by such user. THIS WEBSITE IS DESIGNED FOR AND INTENDED FOR USE BY ADULTS. IF YOU ARE UNDER 18, YOU MAY USE THIS SITE ONLY WITH INVOLVEMENT OF A PARENT OR GUARDIAN. IF YOU ARE A PARENT OR LEGAL GUARDIAN, YOU MUST MONITOR AND SUPERVISE THE USE OF THIS SITE BY CHILDREN, MINORS AND OTHERS UNDER YOUR CARE. YOU AGREE TO BE RESPONSIBLE FOR THEIR USE OF THIS WEBSITE.
11. Commercial Business Listing Use and Conduct
Social5 provides an open platform for business to advertise and promote their business. These commercial business listings are referred to as “customer”. Customer under the terms and conditions as described herein . The customer is solely responsible for creating the content which is provided to Social5, and the Service Provider represents that it will choose key words, phrases and/or content that do not violate any third-party trademarks, other intellectual property rights or other rights and/or will obtain licenses to use any third-party trademarks and/or key words. The customer grants to Social5 and its members of social5.com (a) the right to display, perform, transmit and promote the customer’s content and to make internal copies as necessary to perform the foregoing, and (b) users of social5.com the right to access and use the customer’s content and/or any other content and/or services directly linked to the customer. Social5 reserves the right to reject or remove any particular content provided by the customer and placed on the website of Social5for any reason at their sole and absolute discretion. The customer agrees that it will comply with all local, national and international laws, rules, regulations and ordinances which apply to the content submitted by the Service Provider. Customer accepts all responsibility for submitting legally acceptable content and agrees to hold Social5 harmless for any content which is contrary to any legal or non-legal law, rule, regulation or ordinance.
The Service Provider understands that the content it provides to Social5 may appear on various websites within the Social5 network. The location of the content from the customer, as well as the breadth of distribution to the members of Social5, may change during the term of this Agreement for any reason and at the sole discretion of Social5. Social5 may adopt or discontinue one or more modes of distribution or may change or discontinue websites, site pages or methods or modes of advertisement delivery as it deems fit. Because of the variety of types of distribution on the website of Social5and its affiliated websites, if any, Social5 makes no guarantees that the content of the customer will appear in any particular type of placement or position, or that it will be displayed in any particular context or in response to any particular behavior of the members of Social5.
In no event shall Social5or its agents, officers or employees or any affiliated company or agent, officer or employee of any such company be liable for incidental or consequential damages of any kind, including, but not limited to, loss of revenue or profits, whether resulting from breach of contract, negligence or otherwise. The customer acknowledges that it has been informed that Social5 is reliant on the internet for access and distribution. Social5 shall not be held liable should their internet service provider experience problems that prevent Social5, its members or its customer from gaining access to the internet, the website of Social5 or the individual websites of the customer. Any liability of Social5, including, without limitation, any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, delay of operation or transmission, communications line failure, theft or destruction of or unauthorized access to, alteration of or use of records shall be strictly limited to the lesser amount of the paid on behalf of the customer to Social5 during the year in question or since the beginning of this Agreement, whichever is lesser.
The customer shall indemnify, defend and hold Social5 and its agents, officers, employees or any affiliated company or agent, officer or employee of any such company harmless against and in respect to any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries and deficiencies, including, without limitation, interest, penalties and attorney fees that Social5 shall incur or suffer which arise, result from or relate to any action taken or omitted or representation made by the customer to their customers. The duty to indemnify arises in any action or proceedings that arises, results from or relates to in whole or in part to any action, inaction or representations of the customer.
The parties to this Agreement agree that no partnership exists between them and the parties have not intended to create a partnership or any other business relationship between them other than the existence of this Agreement. The parties to this Agreement agree that although Social5 may utilize the words “partner”, “affiliate”, or something similar on the website, the parties do not have any additional agreements creating a relationship which would constitute a legal partnership. The customer agrees that they have no ownership interest in Social5 and Social5 agrees that it has not ownership interest in the customer.
All notices given under any of the provisions of this Agreement may be served by mailing such notice by certified United States mail, postage prepaid, addressed to the recipient at the addresses as the parties designate. Notice given by mail shall be deemed delivered three (3) days following date of deposit for mailing. Notice may also be served by facsimile or electronic mail with delivery deemed to be complete upon confirmation of receipt by the same means.
The rights and remedies of any of the parties hereto shall not be exclusive. In general, the respective rights and obligations hereunder shall be enforceable by specific performance, injunction, or other equitable remedy, but nothing herein contained is intended to or shall limit or affect any rights at law or by statute or otherwise of any party aggrieved as against the other party for a breach or threatened breach of any provision hereof, it being the intention of this paragraph to make clear the agreement of the parties that the respective rights and obligations of the parties hereunder shall be enforceable in equity as well as at law or otherwise.
12. Refund Policy
Social5 has 100% money back guarantee on the first months payment if you are not completely satisfied let us know in writing by writing email@example.com and we will gladly refund you first month payment. All other fees and charges are nonrefundable. Additionally, there are no refunds or credits for partially used payment periods. All Premium features, including email functionality, content usage, and any other feature or ability included as part of your Premium account, expire immediately upon cancellation or termination of your Premium account.
THIS SITE IS PROVIDED BY SOCIAL5 ON AN “AS IS” BASIS. SOCIAL5MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SOCIAL5DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOCIAL5WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. WITHOUT LIMITING THE FOREGOING, SOCIAL5 DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM.
UNDER NO CIRCUMSTANCES SHALL SOCIAL5 OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE SOCIAL5 SITES.
14. Limitation of Liability
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF SOCIAL5 HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THIS SITE OR ANY CONTENT ON THE SITE, OR WITH THE SOCIAL5 TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF SOCIAL5 UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100) OR THE COMPENSATION YOU PAID SOCIAL5, WHICHEVER IS LESS.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS, MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
15. Law, Venue and Limitation of Actions
These terms and conditions shall be governed by and construed in accordance with the laws of the State of Utah applicable to agreements made and entirely to be performed within Utah, without resort to its conflict of law provisions. Regardless of where you access this site, you agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed and adjudicated only in the federal court located in Salt Lake City, Utah or state courts located in Utah County, Utah, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of these terms and conditions.
Notwithstanding any of these terms and conditions, Social5 reserves the right, without notice and in its sole discretion, to terminate your use of this Site, and to block or prevent future access to and use of this Site. Upon termination, these Terms shall still apply.
17. Email Consent
When you visit this Site or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting a notice on this Website. We do not include details of your personal financial or medical information in emails unless you specifically request that we do so. You agree that we may treat specific actions by you, such as checking boxes to receive email updates, sending us an email directly or through the social5.com site, or leaving a telephone message with an email address for customer service to respond to a query about your account, as a request that we communicate personal financial or medical information with you by unencrypted email. You acknowledge and agree that unencrypted email sent over the Internet is not secure and may be read by others, and you agree that when you request that we send you email you are authorizing us to transmit and disclose your information (including your personal financial or medical information) from time to time in an unencrypted manner. You further acknowledge that emails sent with this information are not stored in a secure manner.
If any provision of the Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Terms and shall not affect the validity and enforceability of any remaining provisions.
No waiver, express or implied, by either party of any breach of or default under these Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
Social5, LLC, a Utah Company