TERMS OF SERVICE
These Terms of Service are effective as of March 1, 2011. We expressly reserve the right to change these Terms of Service from time to time without notice to you. You agree that it is your responsibility to review these Terms of Service from time to time and to familiarize yourself with any modifications. Your continued use of this Site or any Services after such modifications will constitute acknowledgement of the modifications and agreement to abide and be bound by the revised Terms of Service. You can review the most current version of the Terms of Service at any time at: http://www.grosocial.com/terms. For questions about the Terms of Service please email info at GroSocial dot com.
Violation of any of the terms below will result in the suspension or termination of your account without a right to any refund if you have subscribed to any premium services.
DESCRIPTION OF OUR SERVICES; Payment for Subscription Services
- General: We make the Services available in both free and premium versions through the Site. We reserve the sole right to either modify or discontinue the Site or any of the Services or features that might be available through a free or premium model, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current Services shall also be subject to these Terms of Service.
- Premium Services: The premium Services provide features that are not available in the free version of our Services. For complete pricing and feature details for our free and premium Services visit http://www.grosocial.com/pricing. For premium Services, you agree to pay us the applicable subscription fee as set forth on the Site until you cancel your subscription. We reserve the right to increase a Service’s fees or institute new charges upon reasonable notice to you. Service fees are due in advance of access to the premium features and are offered in one month increments. Your subscription will automatically renew for the monthly subscription period until you notify us of your decision to terminate your subscription. All subscription fees are earned in full when paid and are not refundable. Subscription fees are exclusive of all taxes, levies, or duties imposed by taxing authorities for which you shall be solely responsible to pay. We will not issue refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions to this practice will be made. You may cancel your membership at any time by contacting our support team at info at GroSocial dot com and requesting cancellation. Accordingly, you agree that the subscription fee will be billed automatically at the beginning of each renewal period at the then-current rate to the credit card you used in your most recent transaction with us. Cancellations must be received at least 2 business days prior to the next billing cycle to avoid additional monthly charges.
- Trial Offers: In certain cases, our premium services may be provided on a free or limited trial basis. There is a limit of one free or limited trial offer, if any, per business during any given one-year period unless otherwise stated in the offer. If you do not cancel your trial subscription during the offer period, we will charge the credit card you provided during the registration process for the applicable monthly subscription fee.
CANCELLATION AND TERMINATION
Upon cancellation, all of the content you have created and posted through the Services (“User Content”) will be immediately deleted. This information cannot be recovered once your account is cancelled. We do not accept any liability for loss of your User Content due to cancellation of your account. If you cancel the Service before the end of your current paid up month, your cancellation will remain in effect until the end of the current subscription period and you will not be charged again.
CONDUCT WHEN USING THE SITE AND SERVICES
Your use of the Site and Services is subject to all applicable laws and regulations, and you are solely responsible to assure that your use of the Site and Services is in compliance therewith. Your use of the Services is at your sole risk and is provided on an “as is” and “as available” basis. You must not modify, adapt or hack the Services or modify another website so as to falsely imply that it is associated with the Services, GroSocial, or any other GroSocial service. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Service without the express written permission by GroSocial. You may not overwhelm the Site or Services by using significantly more bandwidth than other customers, which in our sole discretion, degrades the reliability, speed, or operation of the Site, Services or any underlying hardware or software thereof. The Site and Services may not be used in connection with promoting anything, which in GroSocial’s sole discretion is, harmful, hateful, obscene, or unlawful. You must not use the Site or Services to transmit any worms, viruses or any code of a destructive nature.
CONTENT & INTELLECTUAL PROPERTY
By posting User Content through the Services, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:
a. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
b. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
c. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
d. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
e. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
f. impersonates any person or entity, including any of our employees or representatives.
We neither endorse nor assume any liability for any User Content. However, we and our agents have the right in our sole discretion to remove any User Content that, in our judgment, does not comply with these Terms of Service or any other rules of user conduct for the Site or Services, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of User Content.
We claim no intellectual property ownership rights over the material you create, upload to, or post through the Services. While you retain all rights in the User Content, you grant us and our agents and affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such materials for any purpose regardless of the form or medium (now known or not currently known) in which it is used, including but not limited to, display through the Services, and display on the Site for the purpose of demonstrating how our Services can be used. You shall be solely responsible to make and retain any copies of the User Content you need for your purposes before your account is terminated.
The look and feel of the Site and Services is a copyright © 2010 of GroSocial, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from GroSocial.
INFRINGING USER CONTENT If you believe that certain User Content that is being displayed through the Services violates the intellectual property rights of others, please send a signed statement to the Designated Agent listed below that (a) identifies the infringing content in enough detail that we can identify it, (b) identifies the work the particular User Content infringes, (c) provides us your contact information, (d) includes the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law,” (e) includes the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Designated Agent for Claimed Infringement:
Contact: Zach Mangum
Email: info @ grosocial dot com
Address: 2500 Executive Parkway, Suite 120, Lehi, UT 84043
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Site or the Services without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
CO-REGISTRATION RIGHTS TO USER INFORMATION
RIGHT TO ANNOUNCE OUR RELATIONSHIP
By subscribing to either our free or premium Services, you grant us the limited right and license to list and display your name, trademark, and logo in connection with our customer lists and marketing materials in print or on the web to announce that you are using our Services. You may terminate this right and license upon written notice to us once your Account has been terminated.
DISCLAIMER OF WARRANTIES
ALL MATERIALS, CONTENT, AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
You expressly understand and agree that GroSocial shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if GroSocial has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold GroSocial, Inc. and our affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of the Site or Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
- These Terms of Service are controlled by us from our offices within the Utah, United States of America. By accessing the Site and Services both of us agree that the statutes and laws of the State of Utah, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of the Site and Services. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of Utah with respect to such matters.
- The failure of GroSocial to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and GroSocial and govern your use of the Service, superceding any prior agreements between you and GroSocial (including, but not limited to, any prior versions of the Terms of Service).
- You understand that GroSocial uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services and GroSocial is not responsible for the shortcomings of any such third parties.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any GroSocial customer, employee, member, or officer will result in immediate account termination.
- Written notices required under these Terms of Service should be sent via email to info at GroSocial dot com or by U.S. mail to: 2500 Executive Parkway, Suite 120, Lehi, UT 84043