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Socialmatic Terms of Use
The following Terms of Use outline your obligations when using the Socialmatic website (“Terms of Use”). You may also review our Privacy Policy, which outlines our obligations and practices on the handling of any personal information that you provide us with.
1. ACCEPTANCE OF TERMS
The web pages available at www.socialmatic.com, and all linked pages ("Site"), are owned and operated by Socialmatic and are accessible by you pursuant to the Terms of Use described below.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL THE TERMS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. SOCIALMATIC'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS , TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS ARE CONSIDERED AN OFFER BY SOCIALMATIC, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
2. MODIFICATIONS OF TERMS OF USE
Socialmatic reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, Socialmatic will notify you by posting an announcement on the Site. What constitutes a "material change" will be determined at Socialmatic's sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified.
3. DESCRIPTION OF SERVICE
Subject to full compliance with the Terms of Use, Socialmatic may offer to provide certain services and content, as described more fully on the Site, ("Services"). Services shall include, but not be limited to, any service and content Socialmatic performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services (including, but not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the "Content"). Socialmatic may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. Socialmatic may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
4. YOUR REGISTRATION OBLIGATIONS
As a condition to using Services, you are required to register with Socialmatic and select a password and user name. You shall provide Socialmatic with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Socialmatic account. You may not (i) select or use as a Socialmatic User ID a name of another person with the intent to impersonate that person; (ii) use as a Socialmatic User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a Socialmatic User ID a name that is otherwise offensive, vulgar or obscene. Socialmatic reserves the right to refuse registration of, or cancel a Socialmatic User ID at its discretion. You shall be responsible for maintaining the confidentiality of your Socialmatic password.
Services are available only to individuals who are at least 13 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Services.
5. USER CONDUCT
As a condition of use, you shall not use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Socialmatic.
By way of example, and without limitation to any of the prohibitions, you must not use the Services:
1. to abuse, harass, threaten, impersonate or intimidate other Socialmatic users;
2. to post or transmit, or cause to be posted or transmitted, any Content that is infringing, libellous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party;
3. for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
4. to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Socialmatic user;
5. to create or submit unwanted email ("Spam") to any other Socialmatic users or any URL;
6. to violate any laws in your jurisdiction (including but not limited to copyright laws);
7. to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;
8. with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
9. with the intention of artificially inflating or altering the 'Socialmatic count', blog count, comments, or any other Socialmatic service, including by way of creating separate user accounts for the purpose of artificially altering Socialmatic's services; giving or receiving money or other remuneration in exchange for votes; or participating in any other organized effort that in any way artificially alters the results of Socialmatic's services;
10. to advertise to, or solicit, any user to buy or sell any products or services. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
11. attempt to impersonate another user or person;
12. sell or otherwise transfer your profile.
Socialmatic may remove any Content and Socialmatic accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report Terms of Use abuse, please email: abuse@socialmatic.com
You are solely responsible for your interactions with other users of the Site. Socialmatic reserves the right, but has no obligation, to monitor disputes between you and other users.
6. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
By uploading, submitting or otherwise disclosing or distributing Content for display or inclusion on the Site, you represent and warrant that you own all rights in the Content and you agree that the Content will be subject to the Creative Commons Public Domain License, available at http://creativecommons.org/licenses/publicdomain/. For clarity, the foregoing does not apply to the Content on any external sites to which the Services link.
7. COPYRIGHT COMPLAINTS
Socialmatic respects the intellectual property rights of others. It is Socialmatic's policy to respond expeditiously to claims of copyright and other intellectual property rights infringement. Socialmatic will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Copyright Act (Cap 63) (“Copyright Act”) and other applicable intellectual property laws.
If you think any copyright of your material has been infringed, you may send a valid take-down notice (in the form or substantially in accordance with the form prescribed by the Copyright Act) to abuse@Socialmatic.com in accordance with the Copyright Act. Upon receipt of a valid take-down notice, Socialmatic will take reasonable steps to remove or disable access to the material in accordance with the Copyright Act. As soon as the material has been removed or access disabled, Socialmatic will take reasonable steps to notify the person who has posted the material (“Respondent”). The Respondent may, within the prescribed time and in accordance with the Act, send a valid counter-notice (in the form prescribed by the Copyright Act) to abuse@Socialmatic.com to restore the material. Socialmatic will then take reasonable steps to restore the material if it is technically and practically feasible to do so unless the copyright owner commences court proceedings to prevent the restoration of the material and Socialmatic is informed of such proceedings.
A valid take-down notice to be sent to Socialmatic shall be signed by the complainant and contain all of the following information :
1. name, address, telephone number, facsimile number (if any) and email address of the complainant and the address for service in Singapore if the complainant is not resident in Singapore;
2. sufficient information to enable Socialmatic to identify the infringing material and its online location;
3. a statement that the complainant requires Socialmatic to remove/disable access to the material;
4. a statement that the complainant, in good faith, believes that the material is an infringing copy;
5. a statement that the information in the take-down notice is accurate;
6. a statement that the complainant is the copyright owner or exclusive licensee or that he is authorised to act on behalf of such owner or exclusive licensee; and
7. agreement that the complainant submits to the jurisdiction of the Singapore courts.
A valid counter-notice to be sent to Socialmatic shall be signed by the Respondent and must contain all of the following information :
1. name, address, telephone number, facsimile number (if any) and email address of the Respondent and the address for service in Singapore if the Respondent is not resident in Singapore;
2. information to enable Socialmatic to identify the material removed or access was disabled and its online location before it was removed or disabled;
3. a statement that the Respondent, in good faith, believes that the material was removed or access was disabled as a result of mistake or misidentification or the material does not infringe copyright in any material;
4. a statement that the information in the counter-notice is accurate; and
5. agreement that the Respondent submits to the jurisdiction of the Singapore courts.
8. Socialmatic PRIVACY POLICY
Socialmatic's current privacy policy is available at www.socialmatic.com/privacy.php (the "Privacy Policy"), which is incorporated by this reference.
9. INDEMNITY
You will indemnify and hold harmless Socialmatic, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable legal fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Use by you, or the infringement by you, or (ii) any third party using your account or Socialmatic User ID, of any intellectual property or other right of any person or entity.
10. WARRANTY DISCLAIMERS
You acknowledge that Socialmatic has no control over, and no duty to take any action regarding: which users gain access to the Site or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Socialmatic from all liability for you having acquired or not acquired Content through the Site or the Services. The Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Socialmatic makes no representations concerning any content contained in or accessed through the Site or Services, and Socialmatic will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
11. LINKS
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Socialmatic has no control over such sites and resources, you acknowledge and agree that Socialmatic is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Socialmatic shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
12. LIMITATION OF LIABILITY
IN NO EVENT SHALL Socialmatic OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER CAUSE OF ACTION (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100.
13. TERMINATION
Socialmatic may terminate or suspend any and all Services and your Socialmatic account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Socialmatic account, you may simply discontinue using the Services. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
14. Socialmatic Submit URL Services
Socialmatic will only guarantee a 100% delivery rate for all URL submissions from paid and free services in so far as no problems are encountered at the server end. If you are found to have been over used or flagged as a spam user as a result of abuse of the submission process, we will terminate your account without prior notice.
As Socialmatic has no control over the links submitted by you, we will not be held responsible for any damages or copyright issues arising from the use of Socialmatic’s submission services. Any links found to be spam will be deleted without prior noticed.
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