Terms And Conditions

Introduction

These terms and conditions govern your use of SocialOomph.com ("our service") by using our service, you accept these terms and conditions in full. If you disagree with any part of these terms and conditions, do not use our service.

Licence to Use Website

You may view, download for caching purposes only, and print pages from the website, provided that:

You must not republish material from this website (including republication on another website), or reproduce or store material from this website in any public or private electronic retrieval system;

You must not reproduce, duplicate, copy, sell, resell, or otherwise exploit our service or material on our service for a commercial purpose, without our express written consent;

You must not edit or otherwise modify any material on the website.

You must not use our service in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website.

You must not use our service in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our service if you are under the age of 18, or you are not able to form legally binding contracts.

You must not use our service to copy, publish or send mass mailings or spam.

You must not use our service to copy, publish or send material which is illegal or unlawful, or material which could give rise to legal action under English and other applicable law. All material you copy, publish or send via our service must not be defamatory, obscene, indecent, hateful, discriminatory or inflammatory; such material must not infringe any person's intellectual property rights or rights of confidence, impinge upon any person's privacy, or constitute incitement to commit a crime; further, material must not be misleading, deceptive, sexually explicit, threatening, abusive, harassing or menacing.

You must not attempt to circumvent or avoid rate limits and/or restrictions imposed on your usage of our service.

We reserve the right to edit or remove any material posted upon our service.

We may take such action as we deem appropriate to deal with the violation of our terms, including suspending or cancelling your account, restricting your access to our service, or commencing legal proceedings against you.

You must not use or attempt to use our service if you are temporarily or indefinitely suspended from using our service.

In respect of all material that you post for public display on our service, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute such material in any media, together with the right to sub-licence such rights.

You understand that the operation of our service may be interfered with many different factors and we do not guarantee continuous or secure access to our service.

Fees and Payment

Optional premium paid services are available on our site site. By selecting a premium service you agree to pay us the price indicated for that service.

Unless otherwise stated, subscription fees and/or other fees are not refundable outside our normal refund period.

Service availability often depends on the availability of third-party services over which we have no control. Credit is not provided for periods where service is unavailable or reduced due to the unavailability or interruption of those third-party services.

We reserve the right to refuse transacting with you if we find evidence of refund abuse on your account.

If you initiate a fraudulent charge-back or payment dispute, we reserve the right to permanently ban you from our service.

Intellectual Property Rights

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all our intellectual property rights are reserved.

By submitting content on our site, you represent and warrant that you have all the required rights to publish the content and that the content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party. You further certify that you will hold us harmless against any claims of rights violations caused by any action of yours. You are entirely responsible for the content of, and any harm resulting from, your submitted content.

Copyright Complaints

Use the procedure below if you believe that your intellectual property rights have been violated by our users. We will investigate your notice of alleged copyright infringement and will take action under the applicable intellectual property laws with regards to any alleged or actual infringement.

Email your notice of claimed copyright infringement to legal@socialoomph.com with the subject line "Copyright Infringement Notice".

Your notice must include the following:

  • a full description of the intellectual property that you claim has been violated;
  • a full description of the material on our service that is allegedly infringing your copyright, with direct links to such material;
  • your address, telephone number, email address, and electronic or physical signature;
  • a statement by you that the information in your notice is accurate and that you are the owner of the intellectual property or are authorized to act on behalf of the owner of the intellectual property.

Copyright Counter-Notice

If your user content was removed or disabled in response to a copyright complaint, you may file a counter-notice to legal@socialoomph.com with the subject line "Copyright Infringement Counter-Notice".

Your counter-notice must include the following:

  • a full description of the content that was removed or disabled, and the location of the content before it was removed or disabled;
  • your address, telephone number, email address, and electronic or physical signature;
  • a statement by you on why you believe the content is not in violation of intellectual property laws as claimed in the notice.

We will forward your counter-notice by email to the original complaining party. If the complaining party does not file an action to seek a court order against the user within 15 business days of the date that we sent the counter-notice, we, at our sole discretion, reserve the right to reinstate the removed or disabled material.

Copyright Offenders

We reserve the right to terminate, at our sole discretion, user accounts that violate the intellectual property rights of others, whether or not there is any repeat infringement.

Disclaimer

We do not represent or endorse the accuracy or reliability of any of the information, content or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this website, nor the quality of any products, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the services herein. You hereby acknowledge that any reliance upon any Materials shall be at your sole risk. We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Service or the Materials.

THE SERVICE AND THE MATERIALS ARE PROVIDED BY US ON AN "AS IS" BASIS, AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE OR ANY MATERIALS AND PRODUCTS. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICE, THE MATERIALS AND THE PRODUCTS.

REGARDLESS OF ABOVE CLAUSES, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY IS LIMITED TO THE GREATER OF A) TOTAL FEES PAID TO US BY YOU IN THE NINETY DAYS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, AND B) $50.

Restricted access

Access to certain areas of our service is restricted. We reserve the right to restrict access to other areas of our service, or indeed our whole website, at our discretion.

If we provide you with a user ID and password to enable you to access restricted areas of our service or other content or services, you must ensure that that user ID and password is kept confidential. You accept responsibility for all activities that occur under your user ID or password.

We may disable your user ID and password at our sole discretion.

Indemnification

You agree to indemnify and hold us harmless, our contractors, and our licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of our site, including but not limited to out of your violation of this agreement.

Trademarks

All trademarks appearing on this site are the property of their respective owners.

Variation

We may revise these terms and conditions from time-to-time. Please check this page regularly to ensure you are familiar with the current version.

Entire agreement

These terms and conditions, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our service, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

This notice will be governed by and construed in accordance with Canadian law, and any disputes relating to this notice shall be subject to the exclusive jurisdiction of the courts of Canada.

United States of America Federal Agencies

Use by U.S.A. federal agencies will follow the amended terms found here.