Click here to view Terms of Use as a PDF

Updated – March 29, 2012

Terms of Use

Please Read Carefully Before Using This Website:

A.        Overview.

Social MarCom maintains this site for information and communication purposes. This webpage contains the Terms of Use governing your access and use of My Social Mashup (the “Website” or “Site”) including without limitation the products, services, software and any other information uploaded, downloaded or appearing on the Website. If you do not accept these Terms of Use or you do not meet or comply with their provisions, you may not use the Website.

B.        Changes to Terms.

Whenever using the Website, you are subject to these Terms of Use.   Social MarCom may, at any time, for any reason and without notice, make changes to (i) this Website, including its look, feel, format, and content, (ii) the products and/or services offered and used in this Website as well as (iii) the pricing associated with any account and/or license to use the Website.  Any modifications by Social MarCom will take effect when posted to the Website unless, for pricing schedules, a fixed price has been agreed to for a specified period of time in which case the change will take effect upon expiration of the specified period of time. Therefore, each time you access the Website, you need to review the Terms of Use upon which access and use of this Website is conditioned.  By your continuing use of the Website after changes are posted, you will be deemed to have accepted such changes.

You understand and agree that the services provided by My Social Mashup may include service announcements, administrative messages posted and/or sent to you from time to time.  These service announcements and administrative messages posted are considered subject to these Terms of Use.

C.        Electronic Agreements and Signatures.

You hereby consent to exchange communications with My Social Mashup electronically.  You agree that all agreements, notices, disclosures and other communications that My Social Mashup provides to you electronically satisfies any legal requirement that such communications be in writing.  You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.

D.        Scope of Use.

Social MarCom grants to you a non-exclusive, non-transferrable right to use the Website solely for the purposes intended and services offered.  These rights are not transferrable.  You are fully responsible for maintaining the confidentiality of passwords and account identifiers.  You are at all times responsible for all transactions and activities occurring in connection with your account.  You must immediately notify Social MarCom of any unauthorized use of an account or any other breach of security.

The Website may offer products or services offered or provided by third party providers.  Your use of the Website is your further agreement to comply with the terms and conditions of any such third party provider.

When setting up your account for the Website, you are representing that the following are true and accurate:

1. The name, email address and other information required from you are your legal name, valid email address and true and correct other information.
2. The account you set up is for your personal use and not used by automated methods.
3. Your account will only be used by you and not any other persons.

You acknowledge that you own, are solely responsible or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify Social MarCom or its affiliates for all claims resulting from content you supply.

Social MarCom reserves the right to take any action it deems necessary to protect the personal safety of its users or the public. Social MarCom has no liability or responsibility to users of Social MarCom Website or any other person or entity for performance or nonperformance of the aforementioned activities.

E.         Account, Password & Security.

As part of the registration process, each user will select a password (“Password”) and be assigned as your Login Name your e-mail address (“LoginName”).  You shall provide Social MarCom with accurate, complete, and updated Account information.  Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Account.

You may not:

(a)   use a name subject to the rights of any other person without authorization;

(b)  use a Login Name that the Website, in its sole discretion, deems inappropriate or offensive.

You shall notify Social MarCom of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.  You shall be responsible for maintaining the confidentiality of your password.

Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at Social MarCom’s sole discretion, and you may be reported to appropriate law-enforcement agencies.

F.         Payment Obligations.

1. Unless using the Basic – Free plan, you will automatically be billed for your account upon completion of your registration and then on the recurring anniversary of that date on each succeeding month or year, depending on the payment schedule selected at registration, i.e., monthly or annually.  All accounts will be billed to a valid credit card that you provide at registration.  If you properly cancel your account, i.e., after proper notice and expiration of any commitment period, you will not be charged once your cancellation has become effective.
2. All services are purchased and are required to be paid for in advance based upon full monthly charges.  There will be no refunds for partial months of services or if the services are not used.
3. All taxes, levies, withholdings, payment process fees, duties and other charges of any governmental authority are additional and will be automatically added.  You remain responsible for these payments if Social MarCom has not previously, at any time, collected them.

G.        If you make any submission to an area of the Website accessed or accessible by the public (“Public Area”) or if you submit any business information, idea, concept or invention to Social MarCom by email, you automatically represent and warrant that the owner of such content or intellectual property has expressly granted Social MarCom a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, you must not submit them to Social MarCom by email and obtain Social MarCom’s prior written acknowledgement and authority to post such content or intellectual property.

Some of the forums (individual bulletin boards and posts on the social network, for instance) on the Website are not moderated or reviewed.  Accordingly, Users will be held directly and solely responsible for the content of messages that are posted. While not moderating the forums, the Site reviewer will periodically perform an administrative review for the purpose of deleting messages that are old, have received few responses, are off topic or irrelevant, serve as advertisements or seem otherwise inappropriate. Social MarCom has full discretion to delete messages. Users are encouraged to read the specific forum rules displayed in each discussion forum first before participating in that forum.

Social MarCom reserves the right (but is not obligated) to do any or all of the following:

(a)   Record the dialogue in forums and public chat rooms.

(b)  Examine an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).

(c)   Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms of Use.

(d)  Terminate a Member’s access to any or all Public Areas and/or Social MarCom Site upon any breach of these Terms of Use.

(e)   Monitor, edit, or disclose any communication in the Public Areas.

(f)   Edit or delete any communication(s) posted on Social MarCom Site, regardless of whether such communication(s) violate these standards.

H.        No Unlawful or Prohibited Use.

As a condition of your use of the Website, you warrant to Social MarCom that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

You are solely responsible for your interactions with other Users. Social MarCom reserves the right, but has no obligation, to monitor disputes between you and other Users.

Social MarCom may limit or terminate your ability to access the Website if you violate any of the term or conditions of these Terms of Use.

The Website may not be used for any illegal, unauthorized or immoral purposes.

I.          Jurisdiction.

AGE AND CAPACITY: if you reside in a jurisdiction which restricts the use of internet-based applications according to age or which restricts the ability to enter into agreements such as this Agreement according to age and you are under such age requirement, then you may not enter into this Agreement or access the My Social Mashup application.    By continuing to use the My Social Mashup Software, you represent and warrant to My Social Mashup that you have verified in your own jurisdiction if your use of the My Social Mashup Software is allowed, that you are of the age of majority in your jurisdiction and that you have all requisite capacity to enter into this Agreement.

The Website is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Website. Social MarCom makes no representation that the information, opinions, advice or other content on the Website (collectively, “Content”) is appropriate or that its products and services are available in your jurisdiction. Those who choose to access this Website do so at their own risk and are responsible for compliance with applicable local laws.

These Terms of Use shall be governed in all respects by the laws of the State of New Jersey USA, without reference to its choice of law rules. If an applicable law is in conflict with any part of the Terms of Use, the Terms of Use will be deemed modified to conform to the law. The other provisions will not be affected by any such modification.

J.         Ownership and Licenses; Copyrights and Trademarks.

Social MarCom retains title to and ownership of all rights, including all intellectual property rights, to the services, the Site and the URL/Domain name that is provided during registration as part of the service.  The materials at this Website, as well as the organization and layout of this site, are copyrighted and protected by United States and international copyright laws and treaty provisions. No right, title or interest in any of the materials contained on the Website is transferred to you as a result of accessing, downloading or printing any materials found on the Website. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Website; create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from this Website without the prior written permission of Social MarCom.  Social MarCom respects the intellectual property rights of others and expects our Users to do the same. The policy of Social MarCom is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at info(at)socialmarcom(dot)com

K.        Termination.

You are responsible for termination of your account in a proper manner.  Your termination, at Social MarCom’s election may take effect immediately unless you have committed to a specified time period in which case, upon the expiration of the specified period to which you previously committed.  You are responsible for all charges accrued before the effective date of your termination.  Social MarCom will not be responsible for the removal or loss of any of your content removed from the Website.  Even if your account is terminated, the provisions of this Terms of Use relating to use, payment, termination, Ownership, disclaimers and any other provisions which by their nature survive shall survive termination of these Terms of Use.

Social MarCom’s may terminate, suspend or restrict your account at any time for any reason without any liability or responsibility to preserve the content or make it otherwise available to you in any manner.

L.  Limitation of Liability, Indemnity & Limitation of Liability

THE WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH SOCIAL MARCOM EXPRESSLY DISCLAIMS. SOCIAL MARCOM DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND SOCIAL MARCOM WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE. SOCIAL MARCOM MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY SOCIAL MARCOM.  SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

You agree to defend, indemnify, and hold Social MarCom, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

You expressly understand and agree that Social MarCom shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if Social MarCom has been advised of the possibility of such damages) resulting from the use or the inability to use the service, the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transaction entered into through or from the service, unauthorized access to or alteration of your transmissions or data, statements or conduct of any third party on the service, or any other matter relating to the service.

Social MarCom does not warrant that the functions contained in the service provided by the Website will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.

M.       Dispute Resolution; Arbitration.

Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any Social MarCom confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms of Use or this Website shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in New Jersey, USA.

All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.

Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator’s decision and any award contained therein.

N.        Separate Agreements.

You may have other agreements with Social MarCom Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with Social MarCom

O.        Contact us.

If you would like to request additional information regarding these Terms of Use, please contact us at info@socialmarcom.com with subject line “Terms”