By accessing or using the SocialMortal website, services, or SocialMortal Applications including mobile applications, made available by SocialMortal (collectively Service(s)) however accessed, you agree to be bound by these Terms of Service (“TOS”).

These Terms of Service affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Service (TOS), do not access or use the Service(s). By accessing, obtaining or using the services you agree to be bound by the Terms of Service as well as comply to the Privacy Policy defined on our website.

ARBITRATION NOTICE

EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND SOCIALMORTAL WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Basic Terms

1) SocialMortal is not affiliated with Facebook, Instagram, Twitter, or any social media site or service except as a user or advertiser or Facebook, Twitter, Instagram third-party partners or other social media services or providers.

2) You agree that it is your sole responsibility to comply with all Instagram, Facebook, Twitter or other social media sites rules and all laws, rules, and regulations that apply to you concerning sites that are receiving services from SocialMortal. This includes but not limited to Copyright, Trademark, Fair Use, Privacy or any other Intellectual Property rights.

3) SocialMortal is not responsible for any or all actions that you take or perform using Instagram, Facebook, Twitter, or other social media. The appropriateness or legal status of any posts to your account is solely your responsibility.

4) Obtaining or accessing SocialMortal services may require access to social media password(s). Any changes or updates to your password(s) will directly affect our ability to provide service(s), it is your responsibility to inform and update this information with us.

5) Audience engagement is not guaranteed. Engaging an audience is based on you content. SocialMortal works to bring your content to the attention of your target audiences but cannot guarantee that the target audience will become engaged, follow or otherwise show an interest in your content.

6) SocialMortal does not have any control over who becomes a follower; we offer no protection from spam, fake, inactive or otherwise unwanted followers. It is always your responsibility to take appropriate action to block or otherwise disengage unwanted users from your account.

7) We reserve the right to modify, suspend or limit any offered service(s) at any time without notice. SocialMortal when possible will apply its best efforts to provide reasonable notice to you when such change is or has occurred.

8) SocialMortal may at its sole discretion modify or terminate any and all service(s) when we become aware of a violation by you or your agent in connection to SocialMortal, Instagram or other social media sites’ Terms of Service, or a breach of any applicable rule, regulation or law that you are subject to without prior notice to you.

General Terms

1) You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on your social media account(s).

2) You also represent that all information you provide or provided to SocialMortal upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.

3) You are responsible for keeping your password secret and secure. SocialMortal will use its best efforts to use current Industry Standards for File storage and security to include encryption to protect your Social Media credentials you have submitted to SocialMortal.

4) You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the social media sites that are proved service(s) offered by SocialMortal , including, without limitation, any person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.

5) You may not use social media sites that are proved service(s) offered by SocialMortal for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of Content posted or supplied by you (defined as any posting by you to your social media accounts), including but not limited to, copyright laws.

6) You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a “spam”) via social media sites that are proved service(s) by SocialMortal

7) Violation of these Terms of Service may, in SocialMortal’s sole discretion, result in termination of your SocialMortal’s services. You understand and agree that SocialMortal cannot and will not be responsible for the Content posted on social media sites that are proved service(s) offered by SocialMortal. If you violate the letter or spirit of these Terms of Service, or otherwise create risk or possible legal exposure for SocialMortal we may stop providing all or part of the Service(s) to you.

General Conditions

1) We reserve the right to modify or terminate in whole or part Service(s) without notice, at any time, and without liability to you. Upon termination, all licenses and other rights granted to you in these Terms of Service will immediately cease.

2) We reserve the right, in our sole discretion, to change these Terms of Service from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on our website or via e-mail, and that your use of the Service(s) or accessing the SocialMortal website after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Service and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use and receiving Service(s) from that point forward. These Terms of Service will govern any disputes arising before the effective date of any Updated Terms.

3) We reserve the right to refuse access to the SocialMortal Service(s) to anyone for any reason at any time.

4) You are solely responsible for your interaction with other users of social media whether online or offline. You agree that SocialMortal is not responsible or liable for the conduct of any user or member of your target audience.

5) SocialMortal, holds no obligation, to monitor or become involved in disputes between you and other users of social media sites or member of your target audience.

6) SocialMortal is not responsible for any content posted on any social media site(s) that you have agreed to receive service(s) from us. SocialMortal does not check copyright, trademark or other Intellectual property rights associated with the content you post. You are solely responsible for any content you post on any site in any manner.

7) You agree that you are solely responsible for any and all violations of Intellectual Property laws, regulations, or customs and you certify by accepting service(s) from SocialMortal that you have the right to use all content posted by you on any social media site that is receiving service(s) from SocialMortal.

8) You represent and warrant that:

a) You own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Service;

b) The posting and use of your Content does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights;

c) You agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on any social media site that is receiving services from SocialMortal; and

d) You have the legal right and capacity to enter into these Terms of Service in your jurisdiction.

9) If SocialMortal is notified by an appropriate party or authority as determined by us, at its sole discretion that any or all of your sites repeatedly infringe other people’s intellectual property rights, we may cease and terminate all services to the infringing site(s) without refund of any earned amounts as of the date of termination.

Cancelling Account

If you cancel your SocialMortal user account or your user account is terminated for violating the terms contained herein all of your user account information may be deleted. You specifically acknowledge that, following such a cancellation request we may retain certain user account information only as required by applicable laws, rules, and regulations. The foregoing paragraph shall not relieve you of owed payments or constitute a waiver of any existing breaches to the terms contained herein. Except when such payment is waived in accordance with SocialMortal’s current customer satisfaction guarantee effective at the time of cancellation.

 

DISCLAIMERS

SocialMortal DOES NOT REPRESENT OR WARRANT THAT THEIR SERVICE(S) WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; YOU ACKNOWLEDGE THAT YOUR RECIEPT OF SERVICE(S) IS AT YOUR SOLE RISK. SocialMortal DOES NOT WARRANT THAT YOUR USE OR RECEIPT OF ITS SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND SocialMortal SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF SERVICE.

BY ACCESSING,USING OR RECEIVING SocialMortal SERVICE(S) YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS, PROVIDE , CREATE OR USE ANY CONTENT ON THE SITES RECEIVING SocialMortal SERVICES.

SocialMortal DOES NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

UNDER NO CIRCUMSTANCES WILL SocialMortal BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO:

1) THE SERVICE(S);

2) TARGET AUDIENCE REACTION TO YOUR CONTENT;

3) USER CONTENT;

4) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE(S);

5) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS;

6) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR

7) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF SocialMortal HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE(S)). IN NO EVENT WILL SocialMortal BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL SocialMortal TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED FIVE HUNDRED UNITED STATES DOLLARS ($500.00) OR THE TOTAL BILLING FOR THE PRIOR THIRTY (30) DAYS WHICHEVER IS LESS…

8) BY ACCESSING THE SERVICE(S), YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” AND ANY SIMILAR LAW OF ANY STATE, TERRITORY, OR NATION.

9) SocialMortal IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

Indemnification

You (and also any third party for whom you operate an account or activity on a social media site receiving service(s) agree to defend, indemnify and hold SocialMortal harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on any social media site that is receiving services from SocialMortal or those operated, maintained or administrated on your behalf):

1) Your content or your access to or use of any social media site that is receiving services from SocialMortal

2) Your breach or alleged breach of these Terms of Service;

3) Your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;

4) Your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or

5) Any misrepresentation made by you. You will cooperate as fully required by SocialMortal in the defense of any claim. SocialMortal reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of us.

Entire Agreement

If you have agreed to obtain SocialMortal’s Service(s) on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Service constitute the entire agreement between you and SocialMortal and governs your access of the Service(s), superseding any prior agreements between you and SocialMortal.

Assignment and Severability 

You will not assign the Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of SocialMortal. Any purported assignment or delegation by you without the appropriate prior written consent of SocialMortal will be null and void.

SocialMortal may assign these Terms of Service or any rights hereunder without your consent. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Service and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Service remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Service. These Terms of Service do not confer any third-party beneficiary rights.

Business Transfers

SocialMortal may choose to sell assets, and may share or transfer customer information in connection with the evaluation of an entry in tree into such actions. If we or our assets are acquired or if we go out of business, enter bankruptcy, or go through some other change of control, personal information could be one of the assets transferred to or acquired by a third party.

In the event of such occurrence we shall notify the users affected so that proper notice if applicable can be reasonably given as required by law, rule or regulation. User is solely responsible for any notification required under United States, European Union General Data Protection Regulation, Canadian or Great Britain, law, rule, or regulation in effect at the time

Effective Date

The effective date of these Terms of Service is August 22, 2019. These Terms of Service were written in English (US). To the extent any translated version of these Terms of Service conflicts with the English version, the English version controls.