Terms & Conditions - SocialMessage.co.za
The Services let people be heard by posting a single message together at the same time. This is a Service where certain users can create a single message and invite others to support that specific message (“join” or “support” that SocialMessage). The way you support a message is to grant the Service access to your Facebook®, Twitter® or Tumblr® account to post that message on your behalf as a status update in your timeline or as a Tweet, as applicable. We do this through a standard API request through such service. Once a given message has received a certain number of supporters specified by the creator of the message, the Services then post (if you supported via Facebook or Tumblr) and/or Tweet (if you supported via Twitter) that message on behalf of every user who supported the message -- we do this once and roughly all at the same time.
When you join a SocialMessage, your username and profile picture from the third party service you joined through may appear on this Website (or otherwise through the Services) indicating that you are a supporter of that message. Also, after you join a SocialMessage, you have the option of sharing that you support that message via Twitter, Tumblr and/or Facebook. You do this by granting the Services access to your Twitter, Tumblr and/or Facebook accounts through standard Twitter, Tumblr and/or Facebook APIs.
We reserve the right at any time, and from time to time, to interrupt, restrict (without cause and without notice to you), modify or discontinue, temporarily or permanently, the Services (or any part thereof, including, but not limited to, each SocialMessage) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of any SocialMessage or other Services.
You may view the Services and Content (as defined in the following section) on the Services without registering, but as a condition of using certain features of the Services, you may be required to link your Third Party Account (as defined below). You agree to provide, maintain, and update true, accurate, current, and complete information about yourself on the Services. You may not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password, or other account information. You represent and warrant that you are at least thirteen (13) years of age; if you are under thirteen (13), you may not under any circumstances for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change eligibility criteria at any time.
REGISTRATION – THIRD PARTY SERVICES AND LINKS
Currently, the Services are only available for use in connection with the Facebook® service offered by Facebook Inc., the Tumblr® serviced offered by Tumblr, Inc., or the Twitter® service offered by Twitter, Inc. and requires you to have an account for at least one of these services (“Third Party Account”). By supporting a SocialMessage via Facebook, you grant us the right to use, reproduce, modify, display and distribute for purposes of displaying your Facebook username, Facebook profile picture, and any modifications or changes you make to the message on or through the Services and Facebook to indicate you have joined, supported or your other affiliation with that message. By supporting a SocialMessage via Tumblr, you grant us the right to use, reproduce, modify, display and distribute for purposes of displaying your Tumblr username, Tumblr profile picture, and any modifications or changes you make to the message on and/or through the Services and Tumblr to indicate you have joined, supported or your other affiliation with that message. By supporting a SocialMessage via Twitter, you grant us the right to use, reproduce, modify, display and distribute for purposes of displaying your Twitter username, Twitter picture, and any modifications or changes you make to the message on and/or through the Services and Twitter to indicate you have joined, supported or your other affiliation with that message.
You agree that you will comply with the terms and conditions set forth by Facebook Inc., Tumblr, Inc. and Twitter, Inc. for using the Facebook, Tumblr and Twitter services, respectively, and you acknowledge and agree that we will have no responsibility whatsoever with respect to your use thereof. We, and our Services, the Website, and the Licensed Application, are not affiliated with Facebook, Facebook Inc., Tumblr, Tumblr, Inc., Twitter, or Twitter, Inc. in any manner, and we will have no responsibility whatsoever for the actions, omissions or policies of Facebook Inc., Tumblr, Inc. or Twitter, Inc. The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
CONTENT POSTED OR SUBMITTED BY YOU
Certain features of the Services may allow you to post information, text, photographs, videos, audio clips, comments, links, graphics, or other materials, or a combination of any or all of the aforementioned (collectively "Content"). All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”) is the sole responsibility of the person who originated such User Content. You may only post Content that you created or which the owner of the Content has given you permission to post. If Content depicts or mentions any person other than yourself, you must have permission from that person and, if that person is a minor, permission from that person's parent or legal guardian, before you post the Content. You may be required to provide proof of such permission to us.
Once you submit or post Content to the Services, we do not need to give you any further right to inspect or approve any use of such Content or to compensate you for any such use. We own all right, title, and interest in any compilation, collective work, or other derivative work created by us using or incorporating Content posted to the Services.
You are solely responsible for anything you may post on the Services and the consequences of posting anything on the Services. All information, ideas, suggestions, and other communications you submit to us, including, but not limited to, Content posted on the Services and communications sent via e-mail, will be on a non-confidential basis. We will be free to reproduce, use, disclose, and distribute such communications without limitation or obligation.
CONTENT POSTED BY OTHERS
YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY.
If the amount to be charged to your Billing Account varies from the amount you preauthorised (other than due to the imposition or change in the amount of sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
ACTIVITIES PROHIBITED ON THE WEBSITE
- Using the Website for any purpose in violation of local, state, or federal laws or regulations;
- Using the Website for unsolicited or unauthorised advertising or promotional material, spam, or chain letters;
- Posting Content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
- Posting Content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, embarrassing, or offensive to any other person or entity as determined by us in our sole discretion or pursuant to local community standards;
- Posting Content that constitutes cyber-bullying, as we determine in our sole discretion;
- Posting Content that depicts any dangerous, life-threatening, or otherwise risky behavior;
- Posting telephone numbers, street addresses, or last names of any person;
- Posting URLs to external websites or any form of HTML or programming code;
- Posting anything that may be "spam," as we determine in our sole discretion;
- Impersonating another person when posting Content or otherwise using the Website, Licensed Application, or other services in a manner that may be misleading or confusing to others;
- Harvesting or otherwise collecting information about others, including, but not limited to, e-mail addresses, without their consent;
- Allowing any other person or entity to use your identification for posting or viewing comments;
- Harassing, threatening, stalking, or abusing any person;
- Encouraging other people to engage in any prohibited activities as described herein.
You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.
We reserve the right, in our sole discretion, but are not obligated, to do any or all of the following:
- Monitor, edit, or disclose any Content on the Services;
- Edit or delete any Content posted on the Services, regardless of whether such Content violates these standards; and
All content included or available on or through the Services and in the Licensed Application, including, but not limited to, the site design, text, graphics, interfaces, and the selection and arrangements thereof is protected by copyright or other intellectual property and proprietary rights and laws and is owned or controlled by us or our licensors (unless noted otherwise). We and/or our licensors retain all right, title, and interest in and to all patent rights, trademarks, inventions, copyrights, know-how, trade secrets, and all other intellectual property rights relating to the Services and the Licensed Application and our Content.
Additionally, SocialMessage™ and all other trademarks, logos, and service marks displayed on the Services are registered and unregistered trademarks of ours and/or third parties (collectively, the "Trademarks"). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
We will aggressively enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. We neither warrant nor represent that your use of materials displayed on the Services will not infringe rights of third parties not owned by or affiliated with us. Use of any materials on the Services is at your own risk.
Except as expressly provided in the "Limited License" section above, your use of and access to the Services does not grant you any license or right to use any of our Trademarks, trade names, copyrights, or other intellectual property.
Facebook® and the Facebook logos are trademarks or service marks of Facebook Inc. registered in the U.S. and other countries, and are in no way affiliated with us. Tumblr® and the Tumblr logos are trademarks or service marks of Tumblr, Inc. registered in the U.S. and other countries, and are in no way affiliated with us. Twitter® and the Twitter logos are trademarks or service marks of Twitter, Inc. registered in the U.S. and other countries, and are in no way affiliated with us.
If you believe any Content on the Services infringes a copyright, you may request removal of such Content (or access thereto) from the Services by contacting our Copyright Agent at the address set forth below and providing the following information:
- Your name, address, telephone number, and e-mail address.
- Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- A statement that you have a good faith belief that the complained of use of the materials is not authorised by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorised to act on the copyright owner's behalf.
- A signature or the electronic equivalent from the copyright holder or authorised representative.
Our copyright agent for notice of claims of copyright infringement can be reached as follows:
In an effort to protect the rights of copyright owners, it is our policy to terminate the account or accounts of suspected infringers on the Services in appropriate circumstances and at our sole discretion.
INDEMNIFICATION AND WARRANTY DISCLAIMERS
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding: (i) which users gain access to the Services; (ii) what Content you access via the Services; or (iii) how you may interpret or use the Content. You release us from all liability for you having acquired or not acquired Content through the Services.
YOUR USE OF THE SERVICES AND THE LICENSED APPLICATION IS AT YOUR SOLE RISK. THE SERVICES AND THE LICENSED APPLICATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WE DO NOT WARRANT THAT THE SERVICES AND/ OR OUR SERVERS, OR COMMUNICATIONS SENT FROM US OR THROUGH THE SERVICES, OR THE LICENSED APPLICATION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE (ON BEHALF OF OURSELVES AND OUR LICENSORS) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY THAT (A) THE SERVICES OR THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES, THE SERVERS THAT MAKE THE SERVICES AVAILABLE, OR THE LICENSED APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE LICENSED APPLICATION, (D) THE ACCURACY, LEGALITY OR QUALITY OF ANY SERVICES, INFORMATION, CONTENT, OR OTHER MATERIAL ACCESSED, PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES, AND/OR (E) ANY DEFECTS OR ERRORS OF THE SERVICES OR THE LICENSED APPLICATION WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR THE LICENSED APPLICATION IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
ARBITRATION CLAUSE AND CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS.
DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if we are a party to the proceeding. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this paragraph will be null and void. This arbitration agreement will survive the termination of your relationship with us.
LIMITATION OF LIABILITY