ACCEPTANCE OF TERMS
This is Social Media Mafia (SMM) acceptable use policy. SMM provides the service to you (“you” or the “user”), subject to the following Terms of Service (“TOS”).
Anyone who registers for, or uses or accesses, the SMM service shall be governed by the policies set forth in this TOS (as amended).
DESCRIPTION OF SERVICE A
The SMM service provides users with the ability to upload content such as text, pictures and other media to their current web log (“blog” or “profile” “forum” “page” et all ) site and/or forums at any time. SMM hosts the user’s media as part of the SMM service and serves it to the user’s blog site and/or other SMM networks along with making rss feeds available worldwide containing that media. The user is responsible for and must provide all telephone, computer, hardware, software or other connection equipment or services necessary to access the SMM service.
MODIFICATIONS TO TERMS OF SERVICE
SMM may update or change this TOS from time to time in its sole discretion, without notice to you, by posting the amended terms on this website, and any such amendment will be effective thirty (30) days after it is initially posted.
The user certifies that he or she is at least 13 years of age and can form legally binding contracts under applicable law, or that the user’s parent or legal guardian will act as the “user” in terms of this contract and usage of the SMM service.
As of 22 April 2013 SMM is provided to users for free of charge (this may change at any time)
THIRD-PARTY CONTENT; USER CONDUCT
You understand that all information, data, text, software, music, sound, messages or other materials, whether publicly posted or privately transmitted, on the websites or the SMM service, and/or links to sites or resources off of the websites, are the sole responsibility of the person from which such material originated, including without limitation, the users of the SMM service, advertisers and sponsors, or other third party content providers. This means that the originator of such materials and not SMM are entirely responsible for all content that is uploaded, posted and otherwise transmitted via the SMM service or otherwise on the websites or SMM servers.
SMM does not control or endorse the content posted via the service and as such does not guarantee the accuracy, integrity or quality of such content. You understand that by using the SMM service and/or the websites you may be exposed to content that is offensive, indecent or objectionable. SMM wants you to use the SMM service for the greater good of the society and to promote positive change and to community build. SMiB will not support hate or discrimination in any form. You agree to not use the service and/or the websites to:
- A. upload, post or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, vulgar, obscene, invasive of another’s property, hateful, racially or ethnically discriminating, or misogynistic, or objectionable;
- B. harm minors in any way;
- C. impersonate any person or entity, including but not limited to a SMM official, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity;
- D. upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements;
- E. upload, post or otherwise transmit any content or material that infringes any patent, trademark, trade secret, copyright or other propriety rights of any party;
- F. upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- G. interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service;
- H. intentionally or unintentionally violate any applicable local, county, national or international laws, statutes, ordinances, regulations or treaties;
- I. intentionally or unintentionally violate any regulations promulgated by any national or other securities exchange, or any regulations having the same force of law;
- J. stalk or otherwise harass another person or persons;
- K. collect or store personal data about other users; or
- L. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to providing instructions on how to assemble bombs, grenades, poisons, or other weapons.
It is so important we want to emphasize:
- I. Users may only use SMM service for lawful purposes.
- II. The user agrees to not have any content uploaded that advocates, sells or in any way makes available anything illegal.
- III. Any complaint we receive about a violation of this will be taken very seriously and can result in immediate account cancellation without a refund.
CONTENT SUBMITTED USING SMM; SERVICE INTERRUPTION
SMM does not claim ownership of the content you place using the SMM service; SMM may provide a link for others to access your content and/or to your blog site to the extent that it is already made public in order to promote your SMM posting and/or the SMM service or otherwise in connection with its promotional, advertising or sponsorship efforts, and you hereby grant SMM a royalty-free license to use such materials and affirm that you have all necessary rights in such materials to grant this license. SMM reserves the right to include advertising, sponsorship, and/or promotional materials as part of its SMM service. You acknowledge that SMM does not pre-screen content, but that SMM and its designers shall have the right but not obligation in their sole discretion to refuse or remove any content that is available via the service. Without limiting the foregoing, SMM and its designers shall have the right to remove any content that violates this TOS or is otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness or usefulness of such content. You acknowledge that accessing the service, creating SMM media and broadcasting your media to your profile may involve various networks and communication and connection devices, some of which are not in SMM’s control. SMM assumes no responsibility for the failure of its or any other network and/or communication and connection devices to access or supply the service at any time, and SMM will not be responsible for any deletion, failure to connect or other transmission or storage failure in connection with the service
You agree to indemnify and hold SMM and its members, subsidiaries, affiliates, officers, co-branders, partners, employees or other agents harmless from any claims, demands, liabilities, losses, expenses or damages, including attorney’s fees, made by anyone in connection with or arising out of your content, your use of the SMM service and/or the websites, your connection to the service, a breach of the TOS or your violation of any rights of any other user.
NON-COMMERCIAL USE; NO RESALE OF SERVICE
The SMM services and the websites are for personal and also commercial use. You agree not to reproduce, duplicate, copy, modify, distribute, display, license, transfer, sell, resell, exploit or create derivative works from any portion of the SMM service, the websites or any content or service accessible thereby.
MODIFICATION OR TERMINATION OF SERVICE
SMM reserves the right at any time and from time to time in its sole discretion to modify, suspend or discontinue, temporarily or permanently, the SMM service, the websites or any content or service accessible thereby, in whole or in part with or without notice. You agree that SMM shall not be liable to you or any third party, for any modification, suspension or discontinuance of the SMM service, the websites or any content or service accessible thereby. You agree that SMM may, in its sole discretion without notice to you, terminate your account, password access, content or other media, or use of service and remove or discard any content or media within the service for any reason at any time including, without limitation, misuse or if SMM reasonably believes that you have violated or acted inconsistently with the letter or spirit of this TOS. You agree that any termination of your access to the service under any provision of this TOS may be effected without prior notice, and you acknowledge and agree that SMM may immediately deactivate or delete your content or other SMM media and all related information and files in your account and/or bar any further access to such files or the service. Further, you agree that SMM shall not be liable to you or any third party for any termination of your access to the service if such termination is reasonably justified, as determined by SMM in its sole discretion.
PROPRIETARY RIGHTS OF SMM AND OTHERS; AGENT
You acknowledge and agree that the SMM service, the websites and any software, content or other intellectual property used in connection with the SMM service and the websites contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you by third parties through the SMM service or the websites may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the applicable holders of such proprietary rights, you agree not to modify, rent, lease, loan, sell, distribute, copy, duplicate or create derivative works based on the intellectual property of such holders or based on the SMM service, the websites or any service or content or other material accessible therein. SMM respects the copyrights and other intellectual property of others and we expect all SMM users to do the same. If you believe that your work has been copied in any way that constitutes infringement on your copyright or other intellectual property rights, please contact SMM’s agent for notice of infringement: Audana Ltd, 3 Levine View, Falmouth, Cornwall, TR111 5XA, United Kingdom.
DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT;
- Your use of the service is at your sole risk. The service is provided on an as-is-available basis. SMM expressly disclaims all warranties of any kind, wheather express or implied, including, but not limited to the implied warranties or mechantability, fitness for a particular purpose and non-infringement.
- SMM makes no warranty that (I) the service and/or the websites will meet your requirements, (II) the service and/or the websites will be uninterrupted, timely, secure of error-free, (III) the results that may be obtained from the use of the service and/or websites will be accurate or reliable, (IV) the quality of any products, services, information, or other material purchased or obtained by you through the service and/or the websites will meet your expectations, and (V) any errors in the service and/or the websites will be corrected.
- Any material obtained through the use of the service and/or the websites is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system and/or phone or loss of data that results from the use of any such material.
- No advice or information, wheather oral or written, obtained by you from SMM or through of from the service shall create any warranty not expressly stated in the TOS.
- Limitation of liability – you expressly understand and agree that SMM shall not be liable for and 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 SMM has been advised of the possibility of such danages, however arising, including negligence. SMM’s liability, and that of its subsidiaries, affiliates, directors, officers, employees and other agents is limited to the amount of fees you paid to use the service in the 12 months prior to the action giving rise to liability.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
Notices to you (some of which are non-optional) may be made via either email or regular mail and/or sms text messages or telephone, letter, according to the user information provided in your account registration. The service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the websites.
The TOS constitutes the entire agreement between you and SMM and governs your use of the SMM service and the websites, superseding any prior agreements between you and SMM. The TOS and the relationship between you and SMM shall be governed by the laws of the United Kingdom without regard to its conflict of law provisions. You and SMM agree to submit to the personal and exclusive jurisdiction of the courts located within the United Kingdom. The failure of SMM to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service, the websites or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any conflicts that cannot be settled informally between you and SMM must first go through arbitration to try to resolve any differences, such arbitration shall be binding and in accordance with the commercial arbitration rules of the United Kingdom. The section titles in the TOS are for convenience only and have no legal or contractual effect.