Thank you for using GetSocial applications!The current terms and conditions statement were last modified on: 5/13/2014
Please read these terms carefully, as by trialing our application you agree to these terms as if it were signed in person. Please contact us if you have any questions.
The following terms and conditions (“Terms and Conditions”) are part of all agreements entered into by GetSocial, S.A. (“GetSocial”), and apply to all services offered by GetSocial, and will govern your (the “User” and the entity or company you represent) use of the http://getsocial.io website and/or GetSocial applications and services (this set henceforth designated as "Site").
Acceptance of Terms
This Agreement contains the complete terms and conditions that apply to User's use of GetSocial’s Site. By accessing this Site or using any part of the Site or any content or services hereof, the User agrees to become bound by these terms and conditions. The User may not access the Site or use the content or any services or applications provided should he not agree to all the terms and conditions.
Amendments to this agreement can be made and effected by us from time to time without specific notice to User's end. Agreement posted on the Site reflects the latest agreement and User should carefully review it before the use our Site or any of our services or applications.
GetSocial grants the User a non-exclusive, non-transferable, limited right to access, use of the Site for User’s personal use only. User agrees to comply with all applicable laws, statutes and regulations regarding the use of the Service. If the User subscribes to the Service, the User shall pay GetSocial service fees in accordance with GetSocial pricing policy located at http://getsocial.io/pricing. GetSocial reserves the right to change the Fees from time to time and to institute new charges and Fees at its sole discretion. All Fees will be invoiced in advance, in a monthly basis (the duration of a billing cycle). Unpaid Fees are subject to a finance charge of the maximum permitted by law, plus all expenses of collection. The User shall be responsible for all taxes associated with the Site use, when applicable.
Use of the Site
The Site allows the User to create and provide social applications to User's end users and/or customers (these henceforth designated as "End Users") in User's own website or app (these henceforth designated as "User Site") and have access to social data of other features regarding the use of these applications. However, the User is prohibited to do the following acts, to wit: (a) use our Site, services or applications if the User is not able to form legally binding contracts, are under the age of 18, or is temporarily or indefinitely suspended from using our Site, applications or services; (b) post false, inaccurate, misleading, defamatory, or libelous content; (c) take any action that may damage the system used by the Site; (d) using our applications and services in other websites or apps than the ones for which these applications and services were specifically created; (e) Submit any information to the Site that is false, misleading or inaccurate.
This Agreement will remain in full force and effect while the User uses the Site, its services or applications. The User may terminate membership at any time for any reason by contacting us to cancel his account. The User may discontinue use of our services or applications by removing our code from the User Site. We may terminate a User’s membership for any reason at any time. Even after the User’s membership is terminated, certain sections of this Agreement will remain in effect.
Warranty Disclaimer and Exclusions / Limitations of Liability
We make no express or implied warranties or representations with respect to the Site, services or application widgets available through the Site or application, including without limitation, any implied warranties of merchantability, non infringement, security or fitness for a particular purpose. In addition, we make no representation that the operation of our Site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. We may change, restrict access to, suspend or discontinued the Site or any part of it at anytime. The information, content and services on the Site, including any services and applications, are provided on an “AS IS, AS AVAILABLE” basis. We do not make any guarantees that the User's use of the Site will increase User Site End Users, visits, sales, revenues or any kind of services the User provides. When the User uses the Site, or any service or application, the User understands and agrees that all use of the Site is at the User's own risk.
To the extent permissible under applicable law, in no event will GetSocial be liable to the User or any third party for: (i) any indirect, consequential, special, exemplary or punitive damages or loss of profits, loss of revenue or loss of data arising from User's (or End Users) use of or inability to use the Site or any services or applications; or (ii) any amounts in excess of the lesser of: (a) $100 or (b) the amount paid by the User for use of the Site, any services or applications during the immediately preceding three (3) months, whether or not we have been advised of the possibility of such damages.
The User hereby agree to indemnify and hold GetSocial and its directors, officers, members, employees and agents harmless from all claims, damages, liabilities, actions, costs and expenses (including reasonable attorneys’ fees) arising from or related to the User's use (or of End Users) of the Site or any services or application.
Intellectual Property Rights
The User hereby acknowledges that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the Site, belong to GetSocial, and that the User will not acquire any right, title, or interest in or to the Site except as expressly set forth in this Agreement. The User will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our applications, services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.
The User and GetSocial warrant against each other that all confidential information received from the other party will remain confidential and will not be used for any purpose other than as agreed upon under the Service and the Terms and Conditions. The User agrees not to disclose information the User obtain from us to third parties. All information submitted by an End User is proprietary information of GetSocial. Such End User information is confidential and may not be disclosed to third parties in any manner. You agree not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner with benefit to a third party.
GetSocial services or applications subscriptions, advertising or any other kind of service are non-refundable and GetSocial is not obligated to provide the User a refund at any time. We may, at our discretion, provide credits toward future services or applications subscription, advertising, or any other kind of service charges on a case-by-case basis.
Paid plans are limited in the number of visits served by GetSocial and aditional traffic packs are available for purchase. By subscribing to any paid plan provided by GetSocial, the User agrees to opt in an extra-visits charge program. After signing up to the service, the User is granted sufficient informational ocurrances about the existance of such program and how to opt out of it. The extra-visits packs' refund policy follows the one rulling the rest of this document.
Data Rights and Publisher Privacy
Non-Assignment of Rights
User rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.
Failure of GetSocial to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.
Severability of Terms
In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.
This Agreement shall be governed by and construed in accordance with the substantive laws of Portugal, without any reference to conflict-of-laws principles. The Agreement describes and encompasses the entire agreement between GetSocial and User, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the services, applications, contents and materials provided by or through the Site, and the subject matter of this Agreement.
Choice of Law
The Terms and Conditions and the use of the Service are subject to and will be interpreted according to the Portuguese law. Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Lisboa, Portugal, to the exclusion of any other courts without giving effect to its conflict of laws provisions or User's actual country of residence.
If there are any questions regarding this our Terms and Conditions, you may contact us using the information below: firstname.lastname@example.org