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Terms of Service

Last updated on July 15, 2013

By using Social Medium you are bound by this Agreement. If you do not want to register an account and become a Social Medium User, do not use Social Medium and do not access, view, download or otherwise use any Social Medium webpage, information or services. By using Social Medium you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions. By accessing our site you also consent to use electronic signatures and acknowledge that when you click the “Place My Order” button and/or when you access the Social Medium site, you are applying your electronic signature. Please note that if you do not want to be bound by the Social Medium Terms of Service and Use Agreement (“Agreement”), do not access the site.

Eligibility

To be eligible to use Social Medium, you must meet the following criteria and you represent and warrant that you: (1) are at least 18 years of age; (2) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (3) will not violate any rights of Social Medium, specifically including any intellectual property rights; and (4) agree to provide at your cost all equipment, software, and internet access necessary to use Social Medium.

Usage

We advise you to and you agree to: (1) keep your log-in credentials secure and confidential; (2) not permit third parties to use your account; (3) not use other persons accounts; (4) refrain from selling, trading, or otherwise transferring your Social Medium account to another party; and (5) refrain from charging anyone for access to any portion of Social Medium, or any information therein. You are responsible for anything that happens through your account.

Indemnification

You indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your use of social medium; (2) your failure to comply with this agreement; (3) submissions of content that violates third party rights or applicable laws.

Payment

You agree to pay all applicable fees as they become due (including all related taxes) through the end of the subscription period or your earlier termination. If you purchase any services that we offer, you consent to Social Medium storing your payment information.

Notify us of acts contrary to the Agreement. If you believe that you are entitled or obligated to act contrary to this Agreement under any law, you agree to provide us with a detailed and substantiated explanation of your reasons, in writing, and to allow Social Medium at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.

Personal Privacy

Please note that certain information, statements, data, and content (such as photographs) which you may submit to social medium, might (and is likely to) reveal personal information about you and others, including, but not limited to, gender, ethnic origin, nationality, age, and/or other personal information. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part.

Responsibility for Your Own Content

Everyone using Social Medium is responsible for the content that they post. You assume all risk associated with any content you post, including any third parties reliance on its accuracy, completeness or usefulness, or any disclosure by you of information that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of, your posted content in any way sponsored or endorsed by Social Medium.

You may expose yourself to liability if your posting content violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

Your Rights

On the condition that you comply with all your obligations under this Agreement, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access Social Medium, through a generally available web browser, mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Social Medium), view information provided on Social Medium webpages and in accordance with this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Social Medium and all related items, including any and all copies made of the Social Medium website.

Disclaimer

Some countries and jurisdictions do not allow the disclaimer of implied terms in contracts with consumers and as a result the contents of this section may not apply to you.

Do not rely on social medium, or any information posted therein. We provide the platform and all information and services on an “as is” and “as available” basis. Social medium does not control or monitor user generated and posted content for accuracy. We do not provide any express warranties or representations.

To the fullest extent permissible under applicable law, we disclaim any and all implied warranties and representations, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, accuracy of data, and noninfringement. If you are dissatisfied or harmed by social medium or anything related to social medium, you may close your social medium account and terminate this agreement (“termination”) and such termination shall be your sole and exclusive remedy.

Social medium is not responsible, and makes no representations or warranties for the delivery of any messages (such as transmission of any other user generated content) sent through social medium to anyone. In addition, we neither warrant nor represent that your use of the service will not infringe the rights of third parties. Any material, service, or technology described or used on the website may be subject to intellectual property rights owned by third parties who have licensed such material, service, or technology to us.

Social medium does not have any obligation to verify the identity of the persons subscribing to social medium, nor does it have any obligation to monitor the use of its services by other users of the community; therefore, social medium disclaims all liability for identity theft or any other misuse of your identity or information.

Social medium does not guarantee that the services it provides will function without interruption or errors in functioning. In particular, the operation of social medium may be interrupted due to maintenance, updates, or system or network failures. Social medium disclaims all liability for damages caused by any such interruption or errors in functioning. Furthermore, social medium disclaims all liability for any malfunctioning, impossibility of access, or poor use conditions of the social medium site due to inappropriate equipment, disturbances related to internet service providers, to the saturation of the internet network, and for any other reason.

Limitation of Liability

Some countries do not allow the limitation or exclusion of liability in contracts with consumers and as a result the contents of this section may not apply to you.

Neither Social Medium nor any of our subsidiaries, affiliated companies, employees, members, or managers (“Social Medium Affiliates”) shall be cumulatively liable for (a) any damages in excess of five times the most recent monthly fee that you paid for a Premium Service, if any, or US $100, whichever amount is greater, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of Social Medium, any platform applications or any of the content or other materials on, accessed through or downloaded from Social Medium. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall:

1. Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and

2. Not apply to any damage that Social Medium may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed from in this Agreement.

3. Not apply if you have entered into a separate agreement to purchase additional services with a separate Limitation of Liability provision that supersedes this section in relation to those additional services.

Termination

1. Mutual rights of termination
You are solely responsible for properly canceling your subscription by notifying Social Medium via phone at least three business days before your next billing date. Email and voicemail messages to are not recognized as a proper method of cancellation. Termination of your Social Medium account includes disabling your subscription and may also bar you from any future use of Social Medium. Social Medium, in its sole discretion, has the right to cancel or suspend your account for any reason at any time.

2. Misuse of Social Medium
Social Medium may restrict, suspend or terminate the account of any User who abuses or misuses Social Medium. Misuse of Social Medium includes but are not limited to; creating multiple or false profiles; using Social Medium commercially without Social Medium’s authorization, infringing any intellectual property rights, or any other behavior that Social Medium, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, Social Medium has adopted a policy of terminating accounts of Users who, in Social Medium’s sole discretion, are deemed to be repeat infringers under the United States Copyright Act.

3. Effect of Termination
Upon the termination of your Social Medium account, you lose access to Social Medium. The terms of this Agreement shall survive any termination hereof.

Dispute Resolution

1. Law and Forum for Legal Disputes
This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement shall be governed by the laws of the state of Texas regardless of your country of origin or where you access Social Medium, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and Social Medium agree that all claims arising out of or related to this Agreement must be resolved exclusively by a state or federal court located in Travis County, Texas, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and Social Medium agree to submit to the personal jurisdiction of the courts located within Travis County, Texas for the purpose of litigating all such claims. Notwithstanding the above, you agree that Social Medium shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

2. Arbitration Option
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.

General Terms

1. Severability
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.

2. Notices
We may notify you via postings on the Social Medium website.

You may send notice to:
Social Medium. LLC
1214 Norwood Rd.
Austin, TX 78722
Any notices that you provide without compliance with this section on Notices shall have no legal effect.

3. Entire Agreement
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding use of Social Medium and the Agreement supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other third-party content or third party software.

4. Amendments to this Agreement
We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting on the Social Medium website. If you do not want to agree to changes to the Agreement, you can terminate your use of Social Medium.

5. No informal waivers, agreements or representations
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Social Medium Affiliate shall be deemed legally binding on any Social Medium Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Social Medium.

6. No Injunctive Relief
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of Social Medium, exploitation of any advertising or other materials issued in connection therewith, or exploitation of Social Medium or any content or other material used or displayed through Social Medium.