Read This Terms of Use Agreement Before Accessing Website.
Effective Date: This Terms of Use Agreement was last updated on November 1, 2013. This Terms of Use Agreement sets forth the standards of use of socialwave.net (the "Website"). References to "Social Wave", "we", "us", and "our" herein refer to Hyperlinked Web Services. By using the Website, you (the "Member") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this Website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted on the Website. Your continued use of the Website after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
Description of Service
Social Wave is providing Member with an online content publishing service for events, news, and photos in the interest of promoting businesses, non-profits, and community organizations.
Disclaimer of Warranties.
The Website is provided by Social Wave on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, Social Wave makes no representations or warranties of any kind, express or implied, regarding the use or the results of this Website in terms of its correctness, accuracy, reliability, or otherwise. Social Wave shall have no liability for any interruptions in the use of this Website. Social Wave disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.
Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
Limitation of Liability
Social Wave SHALL NOT be liable for any damages whatsoever, and in particular Social Wave shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Social Wave has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATION IS INAPPLICABLE.
Indemnification
Member agrees to indemnify and hold Social Wave, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Member's use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.
Members Account
All Members of the Service shall receive a password and an account. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify Social Wave of any unauthorized use of Member's account or any other breach of security known or should be known to the Member. Member's right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of Social Wave.
Modifications and Interruption to Service
Social Wave reserves the right to modify or discontinue the Service with or without notice to the Member. Social Wave shall not be liable to Member or any third party should Social Wave exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Social Wave does not guarantee continuous, uninterrupted or secure access to our Website and operation of our Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Third-Party Sites
Our Website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their sites. You acknowledge that we are not responsible for the availability of, or the content or products located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties' sites.
Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the vendors or collected from publicly available sources. While Social Wave makes every effort to ensure that the information on this Website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this Website.
Social Wave makes no warranties or representations whatsoever with regard to any product provided or offered by any endor, and you acknowledge that any reliance on representations and warranties provided by any vendor shall be at your own risk.
Kids and Parents
The Services are not intended for use by children, especially those under age 13. No one under age 13 is allowed to provide any personal information or use our public discussion areas.
If your children disclose information about themselves in our public discussion areas, they may get unsolicited messages from other parties. Accordingly, you should tell them not to do so. There are also commercially available tools to help you limits your children's exposure to material online.
If you're worried about your children's activities or their privacy on our site, we encourage you to e-mail Social Wave at support (at) socialwave.net.
Blogs, Photos, Videos and other user-generated Postings; Social Networking
If you elect to post material to any blogs, forums, channels or other community boards that may be offered on our Website, or if you elect to upload any photographs, audio or video, you will be solely responsible for all content, messages, text, files, images, graphics, photos, audio clips, sounds, video or other materials (the "Postings"). You agree and warrant that any Postings you post to the Website will be true and accurate, will not defame any person or invade any person's privacy, and will not infringe the proprietary rights of any person. You agree not to furnish any Postings to which you do not own the rights. By furnishing Postings, you give Social Wave the right to use such Postings in any manner and in any media now known or hereafter invented, including, without limitation, the right to combine your Postings with Postings of third parties in varied combinations. You also acknowledge that visitors to the Website may post comments about your Postings which may be derogatory, and that Social Wave has no obligation to monitor or delete any such postings. You further acknowledge that the Postings are not covered under our Privacy Policy.
Please be aware that Social Wave does not and cannot monitor all of the Postings made to the Website, and therefore Social Wave will not be responsible for the content of any Postings. However, Social Wave does reserve the right to delete or edit any material in any Posting that is obscene, harassing, offensive or otherwise objectionable and not in keeping with the community standards of the site. If Social Wave elects to edit any Postings, it nonetheless assumes no responsibility for the content of the Postings. Under no circumstances will Social Wave be liable for any inaccuracy or defect in any Postings. We also expect our users to adhere to certain rules of common sense.
Therefore, you agree not to post, email, or otherwise make available Postings:
- that are unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, or invasive of another's privacy, or harmful to minors in any way;
- that harass, degrade, intimidate or are hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- that include personal or identifying information about another person without that person's explicit consent.
- that are false, deceptive, misleading, or deceitful;
- contain your own or a third party's advertising, branding or promotional content;
- that infringe any proprietary rights, including copyright, of any party, or Postings that you do not have a right to make available;
- restrict or inhibit any other user from using and enjoying the Social Wave Website or the Services.
Because Social Wave does not monitor the Postings, you agree to use and rely on them at your own risk. Social Wave cannot make any representation or warranty about the material contained in the Postings. Social Wave likewise assumes no responsibility for any contact you may have with other users of the Website, either online or offline.
Governing Jurisdiction of the Courts
Our Website is operated and provided in the State of California. As such, we are subject to the laws of the State of California, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our Website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State California.
Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Copyright and Trademark Information
Content posted on the Website by us is owned by us or used with permission. You may not copy, use, or retransmit anything from or for our Website without our permission. Any commercial or promotional distribution, publishing or exploitation of the Website, or any content, code, data or materials on the Website is strictly prohibited. You may not offer goods for sale or use the Social Wave Website and Service for any commercial service without our prior written consent.
The third-party images and text referenced, made accessible or made available to you on these pages or by means of the Social Wave Service are protected by the copyright and trademark laws of the United States and other countries. You may need to obtain authorization of the owner of such materials before using them for any purpose other than viewing on the web. It is your responsibility to obtain any authorizations to use an image or text that may be required; Social Wave cannot give you such authorization. We cannot guarantee that the Service will not locate unintended or objectionable content and Social Wave accepts no responsibility or liability for the content of any images or text included in any Social Wave list or otherwise linked to by the Social Wave Services, or for your use of such content. Social Wave reserves the right to remove any pictures or content without notice to you, any other user, or any third party.
You are not allowed to post or distribute any material you do not own or which you do not have permission to use. You are also prohibited from engaging in any conduct that interferes with the technological operation of the Website or that tampers with any copyright protection mechanisms applicable to content on the Website. The technology and the software underlying our Website and the Services is the property of Social Wave, our affiliates, and our partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our Website or the Services. You agree not to modify the software underlying our Website in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to our Website.
Ignoring this policy may result in copyright, trademark, or other intellectual property rights violations.
Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Social Wave, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.
If you have any questions, feel free to contact us at support (at) socialwave.net.
