SocialEffort Terms and Conditions of Use
Effective as from 1 February 2014.
1. Contract formation
2. Changes to the Agreement and notices
SocialEffort may make changes to this Agreement at its sole discretion. Changes will be communicated to you by us posting the new version of the Agreement on the SocialEffort Websites or as otherwise determined by SocialEffort in its sole discretion and your acceptance of and / or continued use of the SocialEffort Software Application or the SocialEffort Service after such notification of changes to this Agreement will constitute your acceptance of such changes. You may also be asked to reacknowledge and reaccept this Agreement following any material changes.
3. Grant of license
You are granted a limited, non-exclusive, revocable license to make personal non-commercial use of the SocialEffort Software Application (including a right to download said application) and the SocialEffort Service and to receive analytics, friend activity, and notifications made available through the SocialEffort Servicein the United States. You do not have a right to transfer or sublicense your rights under this Agreement. Third party components included in the SocialEffort Software Application are licensed to you either under this Agreement, or under the relevant third party component license terms, as applicable, and published in the help section of the SocialEffort Software Application.
5. The Mobile Service
You are required to have the most recent mobile version of the SocialEffort Software Application (the “Mobile Client”) on your mobile handset in order to use the Mobile Service. The Mobile Client may be acquired only via the official channels authorized by SocialEffort. You agree that your access to and right to use the Mobile Service is expressly conditioned on your registering as a mobile subscriber via the authentication process associated with the Mobile Client, which authentication process may include additional terms and conditions applicable to the Mobile Service (the “Mobile Terms”) and any Mobile Terms shall form part of this Agreement. Only handsets that are supported by SocialEffort may be used to access the Mobile Service and you agree that SocialEffort has no obligation to support any particular make or model of handset, whether or not such make or model is currently, or was previously supported by SocialEffort.
11. SocialEffort Social
The SocialEffort Software Application has features that allow you to make your profile publicly available, share events and organizations with other users of the SocialEffort Service, integrate your activities on the SocialEffort Service with functionality offered by third party social networking services, including Facebook and Twitter, including to connect your SocialEffort account to your Facebook account (“SocialEffort Social”). If you choose to activate SocialEffort Social, including choosing to connect to a Facebook account, your SocialEffort profile, including your Facebook user name and Facebook profile photo, will become publicly viewable to other users of the SocialEffort Service in the SocialEffort Software Application,unless you elect to limit visibility to other users. If you connect your SocialEffort account to a Facebook account, in the preferences pane you can choose whether or not to automatically share your activities to Facebook, including whether or not to publish your playlists when created, to other SocialEffort Social users or to Facebook if you have activated sharing to Facebook. You agree that SocialEffort is not responsible for content once it is shared to Facebook. If you use SocialEffort Social, you must respect other users of the SocialEffort Service in your interactions with them. SocialEffort reserves the right, in its absolute discretion, to disable your account if it believes that you are violating this principle. Unacceptable behavior will result in your account being terminated and you being blocked from accessing the SocialEffort Service. Examples of unacceptable behavior include, but are not limited to:
harassing or bullying other users;
spamming other users through the sharing, or using automated means to artificially promote content; and
using a photo on your profile that infringes the copyright of a third party, or is offensive, abusive, defamatory, pornographic or obscene.
12. Third Party Applications and Third Party Applications Content
13. Restrictions of use
For the avoidance of doubt, you agree that you may not (without limitation):
copy, reproduce, “rip”, record, make available to the public or otherwise use any part of the SocialEffort Software Application or the SocialEffort Service or its content (including but not limited to metrics, images and text) in a manner not expressly permitted under this Agreement;
sell or attempt to sell any invite to access the SocialEffort Service, or resell [access to] metrics, infographics, or other information collected or organized by SocialEffort;
provide your password to any other person or use any other person's user name and password;
reverse-engineer, decompile, disassemble, modify or create derivative works based on the SocialEffort Software Application or the SocialEffort Service or any part thereof;
circumvent any technology used by SocialEffort, its licensors, or any third party to protect content accessible through the SocialEffort Software Application and SocialEffort Service;
rent or lease any part of the SocialEffort Software Application or the SocialEffort Service;
use the SocialEffort Software Application or the SocialEffort Service in a way that violates the terms of this Agreement;
circumvent any territorial restrictions applied by SocialEffort;
artificially increase hour in timebank or otherwise manipulate the SocialEffort Software Application or the SocialEffort Service by using a script or other automated process;
import any local files which you have not legally acquired into the SocialEffort Service; and
copy any local files which you have not legally acquired onto your mobile handset or other device using the Mobile Client.
In addition to the above, you agree to take all reasonable care to prevent unauthorized use of the SocialEffort Software Application and the SocialEffort Service and its content. You also acknowledge and agree that SocialEffort may remove or reclaim your username at any time if SocialEffort in its absolute discretion considers such action appropriate.
14. Advertising and use of computational resources
As consideration for your rights under this Agreement, you agree that (i) SocialEffort and its business partners have a right to provide promotional offers, advertising and other information to you by email or other means of communication, and that (ii) SocialEffort has a right to allow the SocialEffort Software Application and the SocialEffort Service to utilize the processor, bandwidth and storage hardware on your computer or other relevant device for the limited purpose of facilitating the communication and transmission of content and other data or features to you and other users of the SocialEffort Software Application and the SocialEffort Service, and to facilitate the operation of the network on which the SocialEffort Software Application and the SocialEffort Service runs. You may opt out of receiving promotional messages from SocialEffort and its business partners at any time by changing your account settings or by hitting the “unsubscribe” link in any of your emails. You may adjust the level of usage that the SocialEffort Service makes of your computer in the settings of the SocialEffort Software Application.
15. Customer support
If you have any questions concerning the SocialEffort Software Application, the SocialEffort Service or this Agreement, please contact SocialEffort customer service by visiting the help section.
16. Term and termination
This Agreement will become effective in relation to you when you create a SocialEffort account or when you start using the SocialEffort Software Application or the SocialEffort Service and will remain effective until terminated by you or SocialEffort. SocialEffort reserves the right to terminate this Agreement or suspend your SocialEffort account at any time in case of unauthorized, or suspected unauthorized use of the SocialEffort Software Application or the SocialEffort Service whether in contravention of this Agreement or otherwise. If SocialEffort terminates this Agreement, or suspends your SocialEffort account for any of the reasons set out in this section, SocialEffort shall have no liability or responsibility to you.
17. NO WARRANTY
THE USE OF THE SOCIALEFFORT SOFTWARE APPLICATION AND THE SOCIALEFFORT SERVICE (INCLUDING BUT NOT LIMITED TO ITS CONTENT) IS AT YOUR OWN RISK. THE SOCIALEFFORT SOFTWARE APPLICATION AND THE SOCIALEFFORT SERVICE IS PROVIDED AND LICENSED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, SOCIALEFFORT DISCLAIMS AND GIVES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY AS TO THE QUALITY, CONTENT AND AVAILABILITY OR FITNESS FOR A SPECIFIC PURPOSE OF THE SOCIALEFFORT SOFTWARE APPLICATION OR THE SOCIALEFFORT SERVICE OR WARRANTY OF TITLE OR NON-INFRINGEMENT.In addition, SocialEffort does not warrant, endorse, guarantee or assume responsibility for any Third Party Application, Third Party Application Content or any other product or service advertised or offered by a third party on or through the SocialEffort Service or any hyperlinked website, or featured in any banner or other advertising. Consequently SocialEffort will in no way be responsible for any transaction between you and third-party providers of Third Party Applications or products or services advertised on or through the SocialEffort Service.As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from SocialEffort shall create any warranty on behalf of SocialEffort in this regard.
18. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SOCIALEFFORT, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION, LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOCIALEFFORT SOFTWARE APPLICATION OR THE SOCIALEFFORT SERVICE (INCLUDING BUT NOT LIMITED TO ITS CONTENT),THE THIRD PARTY APPLICATIONS OR THE THIRD PARTY APPLICATION CONTENTEVEN IF YOU HAVE ADVISED SOCIALEFFORT ABOUT THE POSSIBILITY OF SUCH LOSS, AND INCLUDING ANY DAMAGES RESULTING THEREFROM.
Your only right with respect to any problems or dissatisfaction with the SocialEffort Software Application, the SocialEffort Service, the Third Party Applications or the Third Party Application Content is to uninstall the SocialEffort Software Application and to stop using the SocialEffort Service,the Third Party Applications or the Third Party Application Content.In no event will SocialEffort’s total liability to you in connection with this Agreement exceed the greater of one dollar (U.S. $1.00) or the total amount paid by you for the relevant SocialEffort Services.
Nothing in this Agreement removes or limits SocialEffort’s liability for fraudulent misrepresentation, death or personal injury caused by its negligence.
You agree to indemnify and hold SocialEffort and its officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your violation of the terms and conditions of this Agreement or your violation of any laws, regulations or third party rights.
20. Intellectual property
SocialEffort respects intellectual property rights, and expects you to do the same. The SocialEffort Software Application, the SocialEffort Service and the content provided through the SocialEffort Service is the property of SocialEffort or SocialEffort's licensors and protected by intellectual property rights (including but not limited to copyright), and you do not have a right to use the SocialEffort Software Application or the SocialEffort Service (including but not limited to its content) in any manner not covered by the Agreement. Furthermore,you must not infringe any third party’s intellectual property rights in using the SocialEffort Service or the SocialEffort Software Application, which means that (for example) you may not import or copy any music which you have not legally acquired and have the right to so import or copy into the SocialEffort Software Application or the Mobile Client. Further, you may not remove or alter any copyright, trademark or other intellectual property notices contained on or provided through the SocialEffort Software Application or the SocialEffort Service.
21. Copyright infringement and take down
If you are a copyright holder who believes that any of the products, services or content which are directly available via the SocialEffort Software Application or the SocialEffort Websites are infringing copies of your work, please let us know. Pursuant to The Digital Millennium Copyright Act, 17 United States Code 512(c)(3), a notice of alleged copyright infringement should be sent to SocialEffort's designated copyright agent at the following inbox:
A notification of claimed copyright infringement must be addressed to SocialEffort's copyright agent listed above and include the following:
A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed;
Specific identification of each copyrighted work claimed to have been infringed;
A description of where the material believed to be infringed is located on SocialEffort Service or the SocialEffort Websites (please be as detailed as possible and provide a URL to help us locate the material you are reporting);
Contact information for the complaining party, such as a complete name, address, telephone number, and email address;
A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
22. Technology limitations and modifications
SocialEffort will make reasonable efforts to keep the SocialEffort Software Application and the SocialEffort Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. SocialEffort reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the SocialEffort Software Application and the SocialEffort Service with or without notice.
24. Assignment by SocialEffort
SocialEffort may assign this Agreement or any part of it without restrictions. You may not assign this Agreement or any part of it to any third party.
25. Entire agreement
Should for any reason or to any extent any provision of this Agreement be held invalid or unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement and the application of that provision shall be enforced to the extent permitted by law.
27. Mandatory arbitration; exceptions to mandatory arbitration, waiver of class action rights; limitations period; venue and choice of law
i. You and SocialEffort agree that any dispute, claim or controversy arising out of or relating in any way to the SocialEffort Service and SocialEffort Software Application or your use thereof, including our Agreement, shall be determined by mandatory binding arbitration. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and SocialEffort are each waiving the right to a trial by jury and the right to participate in a class or multi-party action. This arbitration provision shall survive termination of this Agreement and the termination of your SocialEffort subscription.The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (the "AAA Rules"), as modified by this Agreement, and as administered by the AAA.
ii. You and SocialEffort agree that (a) any claims seeking to enforce, protect, or determine the validity or ownership of any intellectual property rights, and (b) any claims related to allegations of theft, piracy or unauthorized use of the SocialEffort Service or SocialEffort Software Application are NOT subject to mandatory arbitration. Instead, you and SocialEffort agree that the preceding claims (including but not limited to claims for injunctive or equitable relief) shall be exclusively decided by Courts of competent jurisdiction in New York, New York, and that applicable New York and/or Federal law shall govern, without regarding to choice of law principals.
iii. YOU AND SOCIALEFFORT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER OR IN ANY REPRESENTATIVE CAPACITY OR PROCEEDING. Further, the arbitrator shall not consolidate any other person's claims with your claims, and may not otherwise preside over any form of a multi-party or class proceeding. If this specific provision is found to be unenforceable in any way, then the entirety of this arbitration section shall be null and void. The arbitrator may not award declaratory or injunctive relief.
iv. Any arbitration must be commenced by filing a demand for arbitration with the AAA within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitations period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA's Consumer Rules with the remainder paid by SocialEffort. Any arbitration costs or fees deemed "excessive" will be paid by SocialEffort.
v. You and SocialEffort agree that this Agreement involves interstate commerce and is subject to the Federal Arbitration Act. You and SocialEffort further agree that applicable laws of the State of New York shall exclusively govern any dispute without regard to choice or conflicts of law rules. The sole and exclusive venue for the resolution of any dispute, whether or not subject to mandatory arbitration as described above, shall lie in New York, New York.
28. English version prevails
In the event that this Agreement is translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail to the extent that such discrepancy is the result of an error in translation. Copyright © 2008-2011 SocialEffort USA Inc. and its affiliates. All rights reserved.