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SocialGO.com Terms of Service

(As of 24 October 2008)

The provisions of these SocialGO.com Terms of Service set out the terms and conditions that are applicable to everyone who accesses and use of the SocialGO.com website (the “Service”). By accessing and using the Service (or any portion of it), you are indicating your agreement to be bound by and to adhere to the following provisions, including any schedules, exhibits and related materials that are attached and/or incorporated by reference (collectively, the “Service Terms”).

SocialGO Ltd (“SocialGO”) expressly reserves the right to amend and otherwise modify the Service Terms (or any portion thereof) periodically without advance notice. Please check the Service Terms each time that you use the Service to ensure that you are aware of any changes to the Service Terms. The posted Service Terms will indicate the date on which it was last updated. Your continued use of the Service after the adoption and/or implementation of any such changes shall be deemed to indicate your acceptance and agreement with any and all such amendments and/or modifications. If you do not agree with any particular changes to the Service Terms and/or to the Service, your only remedy is not to use the Service and to cancel the account(s) for which you previously signed-up.

The current version of the Service Terms is available for review at: http://www.socialgo.com/socialgo_terms.html. If there is a conflict between the Service Terms and any other policies, rules, regulations or guidelines posted on the Service, SocialGO shall resolve such conflict in its sole discretion. Any questions about the Service Terms should be sent (via email) to support@socialgo.com.

Commitments Regarding SocialGO.com for Network Owners

  1. You Own Your Content Materials. Neither SocialGO nor any of its affiliates claim any ownership rights with respect to any of the content materials or other audiovisual works, data and/or information (collectively, “Content Materials”) posted by any registered users and/or other individuals or entities who access and use the Service.
  2. Changes to Pricing Programs. Each of the pricing programs relating to the Service that are adopted by SocialGO or its affiliates (as applicable), including, but not limited to, monthly subscription plan fees, are subject to change but only after thirty (30) days advance notice (which may be provided via email and/or otherwise posted on or within the Service).
  3. Good Faith Efforts to Resolve Disputes. In connection with any network account that you elect to establish with SocialGO.com (each an “Account”), SocialGO or its affiliates (as applicable) will use diligent, good faith efforts to attempt to resolve any perceived problems, issues, violations and/or disputes that may arise in connection with your use (or inability to use) the Service. The suspension or termination of your network Account, and the suspension or termination of your network, will only be undertaken by SocialGO.com as a consequence of you (the network owner) and SocialGO failing, after good faith discussion, to reach a mutually acceptable resolution to any such matter.
  4. Access to Your Content Materials. If SocialGO believes that a breach or violation of the Service Terms has occurred in connection with any network Account, prior to deleting the Content Materials that are directly related to such Account, SocialGO will provide you (as the network owner) with the opportunity for a reasonable period of time (and in any event not less than seven (7) calendar days prior to any scheduled deletion of such Content Materials from SocialGO.com) to have access to such Content Materials and to relocate them to an independently created social network (but specifically excluding the Content Materials that are owned or controlled by SocialGO and/or its affiliates, as applicable) that is not a part of the Service.
  5. Explanation of Reasons for Suspension or Deletion. In the event that any network Account is permanently suspended or terminated as a consequence of a breach or default of the Service Terms, and the corresponding network is permanently suspended and/or removed from the Service, you will be provided (via email) with a reasonably detailed explanation of the reason for such action being undertaken.
  6. Third-Party Widgets and Other Content Materials. If SocialGO or its affiliates (as applicable) determines that the use of any third-party widget or any other such Content Materials that are made available as part of the network corresponding to your network Account interferes with the operation, performance and/or functionality of the Service, SocialGO or its affiliates (as applicable) will temporarily take your network off-line, and suspend your Account, to allow you the opportunity to correct and remedy the noted problem to the reasonable satisfaction of SocialGO or its affiliates (as applicable). Your network will be re-activated once the noted problem has been appropriately resolved to the reasonable satisfaction of SocialGO or its affiliates (as applicable).
  7. Support for the Service. The support community for the Service is provided by an independent third party. SocialGO and its affiliates (as applicable) welcome the posting and dissemination of open and honest opinions, reviews and, indeed, potential criticism, of SocialGO and the Service, as we truly believe that such communications will help create the best community and help us tailor the Service to the needs and expectations of all those who create social networks and make use of the complement of products and services that are part of the Service.

If You Create Your Own Network or Become a Member of a Network

  1. You must be 13 years or older to create an Account that will entitle you to use the Service.
  2. You must provide your full legal name, a valid email address, and any other information requested during sign-up in order to complete the registration process.
  3. You must not provide any false or inaccurate information during the registration process.
  4. Accounts must not be registered by a “bot” or any other automated process or method.
  5. You will need to create a log-in name and a password in order to establish an Account. You must not use a log-in name that is also being used by anyone else, and your log-in name must not be vulgar, offensive or otherwise objectionable, as determined by SocialGO, at its sole discretion. Protecting your Account and preserving the security of your password is your responsibility. SocialGO shall have no obligation or liability to you or any third party for any loss or damage resulting from your failure to maintain adequate protection for your Account, log-in name and/or password.
  6. Only one person may use a log-in. Stated differently, a single login must not be shared by multiple users.
  7. An Account may not be transferred or converted to a new Account. However, an Account can be upgraded, for a separate charge, in order to obtain premium features and/or functionality.
  8. You acknowledge and agree that the Service Terms will apply to anyone that you authorize, allow or otherwise permit to use your Account, user ID and/or password that you create, and, moreover, that you will be personally responsible and solely liable for the consequences, including the potential termination of your Account(s), that may result if any such person(s) violates any of the provisions of the Service Terms.

Payments and Upgrades for Networks You Create

  1. A valid credit card is necessary to pay for any Account that is not a free trial Account.
  2. Your use of the Service is and will be billed in advance on a monthly basis and any and all payments are non-refundable.
  3. There will be no refunds or credits for any partial month(s) of Service, nor any refunds or credits for any unused portion of any month(s), relating to any registered Account.
  4. If you initially sign up for a premium Account that requires a monthly fee (i.e., an Account that is not a free trial Account), and you don't cancel that Account within 30 days, you will be billed monthly thereafter, commencing on the 30th day after your Account was originally created. If you effectively cancel your Account within 30 days after you established your Account (before the processing of your invoice on the 30th day), you will not be subsequently billed for such Account.
  5. An upgrade from SocialGO’s free trial plan to any paying plan will end your free trial period. On the date of any upgrade, you will be charged for your first month of Service under the new payment plan.
  6. For any upgrade in plan level, the credit card that you provided will automatically be billed at the new rate for each recurring monthly charge.
  7. All fees charged by SocialGO are exclusive of all taxes, levies, or duties imposed by any applicable taxing authorities, and you are solely responsible for payment of any and all such taxes, levies, and/or duties. For example, if your use of the Service is subject to any use or sales tax, then SocialGO shall be entitled to also charge you for any such governmentally-imposed charges (in addition to the subscription and other fees for the particular payment plan that you have selected).
  8. Technical support is only made available to the owner of an active Account that is a paid Account (i.e., not a trial or other free Account) and that is current with respect to all monthly charges and other payment obligations accrued with respect to such Account. Technical support will only be provided via email.
  9. When you provide credit card information to SocialGO, you are (i) representing that you are the owner (or an authorized user) of such credit card, and (ii) confirming that SocialGO is entitled to charge the referenced credit card for the particular subscription fee and other charges (if any) applicable to the particular payment plan that you have chosen.
  10. You must promptly notify SocialGO of any changes to your credit card (e.g., Account number, expiration date, billing address, etc.), and you must immediately notify SocialGO if your credit card expires or is cancelled for any reason.
  11. You are responsible for all of the charges that are incurred as a result of your use of the Service, including, without limitation, any applicable taxes, as well as for all purchases made by you or anyone else that you authorize, allow or otherwise permit to access and use your Account(s) and/or any web page(s) or Content Materials that relate to your Account(s) (collectively, “Third-Party Users”).
  12. You are also responsible for any Internet service provider charges, as well as for any telephone, wireless and/or other connection fees that you may incur when accessing and using the Service (even if you are using a free trial subscription or other non-payment program).

If You Are a Network Owner and Want to Access the SocialGO.com API

Individuals who elect to access and use the Service may access their Account(s) and related Content Materials via the SocialGO Application Program Interface (the “API”). Any use of the API, including use of the API through any third-party product or service that has the capability of enabling access to the Service, shall be subject to all of the provisions of the Service Terms, including, without limitation, the following specific terms and conditions:

  1. SocialGO reserves the right at any time to modify, alter, withdraw, discontinue, suspend or terminate, temporarily or permanently, your ability to access and use the API (or any part thereof) with or without prior notice to you or any third party.
  2. In addition, unreasonably frequent requests to the Service via the API may result in the temporary or permanent suspension of your Account(s), and, as a result, the suspension or termination of your ability to access and use the Service and the API. SocialGO, in its sole discretion, will determine whether any particular conduct is abusive or otherwise constitutes unreasonably excessive usage of the API.

Service and Pricing Changes for Network Owners and Members

  1. SocialGO reserves the right at any time and from time to time to modify, change, suspend or discontinue, temporarily or permanently, the Service (or any part thereof) with or without prior notice to you or any third party.
  2. Any new modifications that alter, change, improve, enhance, augment, or otherwise modify the then-current Service, including, but not limited to, the release of new tools, utilities, resources, features or functionality, shall be subject to the Service Terms.
  3. Notice of any change(s) to the Service and/or any related pricing programs may be provided by SocialGO (or its representatives) at any time and from time to time by posting notice of the applicable change(s) to the SocialGO website (at www.socialgo.com/blog).
  4. SocialGO shall have no obligations or liability to you or to any third party for any modifications to the Service, or any pricing changes, or any suspension or cessation of the Service (or any part thereof), and/or any amendments or other modifications to any aspect of the Service Terms.

If You Are a Network Owner and Want to Cancel or Terminate Your Account

  1. Your Account data and Content Materials remain your property. All of your Content Materials can be removed from your network using the “export data” function that can be found in your network Account’s Administration Centre. If you (as a network owner) elect to cancel your network Account, your Account data and Content Materials (including, without limitation, any related data and information) will be deleted from the servers where they were previously stored as part of the Service and cannot be subsequently retrieved.
  2. You may elect to cancel your network Account at any time for any reason or for no reason. A simple “no questions asked” cancellation link is provided for such purpose in your network Account’s Administration Centre (the “Cancellation Link”).
  3. It is your sole responsibility to cancel your network Account properly, using the Cancellation Link. Please be advised that a telephone call or email communication requesting that your network Account should be cancelled will not be considered an effective cancellation. While you may communicate with employee(s) or representative(s) of SocialGO via telephone or email, the cancellation of your network Account will not be effective unless and until you indicate your desired intention to cancel your network Account using the Cancellation Link.
  4. All user and Account data, as well as any Content Materials (including, without limitation, any related data and information) posted in connection with any cancelled network Account will no longer be accessible by means of the Service following the effective date of cancellation. Please be advised that none of the Content Materials posted on or before the effective date of cancellation will be able to be accessed or recovered by you or any Third Party Users once your network Account is cancelled. SocialGO shall have no obligation or liability with respect to the deletion or loss of any such user and account data, and/or Content Materials.
  5. If you cancel your network Account before the end of the then-current paid-up month, your cancellation will take effect immediately and you will not receive a refund or credit for the unused portion of such month.
  6. If your bandwidth usage or server storage requirements (on the servers owned or controlled by SocialGO) exceeds the maximum requirements established by SocialGO for your type of network Account (as determined by SocialGO, at its sole discretion), SocialGO reserves the right to immediately throttle-down the hosting of the Content Materials relating to your network Account and/or to suspend or disable your network Account until you effectively reduce your actual bandwidth usage and/or server storage needs and bring your network Account into compliance with SocialGO’s maximum requirements for such matters, or, alternatively, upgrade your network Account and thereby procure the higher bandwidth usage and/or storage requirements to support your network Account activities.
  7. Please be advised that if you violate the Service Terms, SocialGO may issue a warning to you regarding your violation, or, alternatively, SocialGO, at its sole discretion, may elect to suspend or terminate any and all network Accounts that you have established. You acknowledge and agree that SocialGO is not required to provide you with any form of written or verbal notice before suspending or terminating your network Account(s), although SocialGO may choose to do so, at its sole discretion.
  8. You acknowledge and agree that the cancellation of your network Account(s) and related payment plan(s) and service(s) offered by SocialGO hereunder is your sole right and exclusive remedy with respect to any dispute that you may have with SocialGO (or any of its affiliates) that relate in any manner to the Service, including, without limitation, any dispute arising from or in connection with (i) the Service Terms or any of SocialGO’s policies, rules, regulations, or guidelines relating to the Service; (ii) your ability or inability to access and/or use the Service; (iii) the fees and related charges, taxes, duties, billing methods or procedures, or any changes with respect to any of the foregoing; and (iv) the Content Materials (including, without limitation, any related data and information) displayed or otherwise made available as part of or otherwise in connection with the Service.

Ownership of Service and User-Generated Content

  1. SocialGO owns and/or otherwise controls all rights, title and interests in and to the Service, including, without limitation, any and all copyrights, trademarks, patents, and all other intellectual property and other proprietary rights relating to the Service (collectively, the “SocialGO Rights”). The underlying computer programs comprising the Service, as well as the look and feel of the Service, are copyrighted ©1999-2008 SocialGO Ltd, and any and all rights therein and thereto are expressly reserved by SocialGO. The SocialGO Rights are protected by U.K. and international intellectual property laws, statutes and regulations. You acknowledge and agree that you will not duplicate, reproduce, copy, alter, adapt, prepare any derivative work, modify, perform or display (publicly or otherwise), distribute, or otherwise use or exploit the Service (or any part thereof) or any portion of the HTML/CSS, user interface and/or other audio-visual design elements relating to the Service (except in accordance with the terms and subject to the conditions referenced in the Service Terms) without SocialGO’s prior written consent.
  2. SocialGO hereby grants you, effective upon completion of registration of an Account that entitles you to access and use the Service, a personal, limited, non-exclusive, non-sublicensable, non-transferable, revocable right and privilege, under the applicable SocialGO Rights, to (i) reproduce and use the object code version of the computer software that underlies, comprises and enables the Service (the “Service Software”) solely for the purpose of accessing, creating, posting and otherwise using the Service and the social networks that are created with the Service Software and that are made available as part of the Service to registered users and other individuals who access and use the Service, and (ii) to reproduce, publicly display and distribute, but solely as part of the Service, the particular Content Materials made available by SocialGO in conjunction with the Service, all in accordance with the terms and subject to the conditions of the Service Terms and such separate policies, rules, regulations and guidelines (if any) applicable to such Content Materials. Please be advised that neither SocialGO, nor any of its affiliates, grants you or any third party any rights or interests with respect to any Content Materials that are authored or otherwise created by any other registered users or other individuals who access and use the Service.
  3. For the avoidance of doubt, SocialGO claims no intellectual property rights with respect to any of the Content Materials that you elect to provide to the Service, including your profile and any materials you voluntarily elect to upload to the Service and/or to the web pages that you create that are associated with your registered Account(s). However, by choosing to make your web pages and related Content Materials available on the Service in a form that is intended to be shared publicly, you hereby grant to SocialGO and its affiliates a non-exclusive license (with rights of sublicense) to reproduce, prepare derivative works, publicly display, publicly perform, and distribute any and all such web pages and content materials as part of the Service, and you agree to allow all registered users and other individuals who access and use the Service, to access, view, reproduce, publicly display, publicly perform, comment upon, review, share, and otherwise use and distribute your web pages and related Content Materials (or any portions of any of the foregoing) as part of or otherwise in connection with the Service. Similarly, by choosing to make your web pages and related Content Materials available on the Service in a form that is intended to be shared in a non-public context as part of the Service, you hereby grant to SocialGO and its affiliates a non-exclusive license (with rights of sublicense) to reproduce, prepare derivative works, display, perform, and distribute any and all such web pages and related Content Materials as part of the Service, but solely in conjunction with your non-public social network.
  4. You acknowledge that SocialGO does not pre-screen all of the various Content Materials (including, without limitation, any related data and information) submitted and posted on and/or as part of the Service by you or any Third Party Users, or any of the other individuals or entities that elect, at their discretion, to access and/or use the Service (whether or not registered with the Service) or any third-party advertisers that contract with SocialGO (or its advertising representatives or agents) regarding the marketing and advertising of any third-party products or services by means of the Service, and agree that SocialGO shall have no obligations or responsibilities, nor any liability of any kind or nature, with respect to any such Content Materials, and SocialGO hereby expressly disclaims any obligation to monitor and all liabilities with respect to any such Content Materials that do not originate with SocialGO.
  5. Any and all Content Materials (including, without limitation, any related data and information) of or concerning your Account, that are posted on or otherwise in connection with the Service by you (whether alone or in collaboration with others), including, without limitation, any Content Materials posted by any Third-Party Users, as well as any and all acts (or failures to act) by you and/or by any Third-Party Users, is and will be solely your responsibility.
  6. SocialGO expressly reserves the right, at all times and at its sole discretion, to quarantine, remove, delete and/or refuse to continue to allow to be displayed and distributed on or as part of the Service any web page(s), any Content Materials and/or related data or information relating to your Account(s) that is made available via the Service to interested users (whether or not registered with the Service), such as, for example, and not as a limitation upon the generality of the foregoing, any Content Materials that violate the rights of any third party or otherwise contravene any of the terms or conditions referenced in the Service Terms.
  7. SocialGO further reserves the right, at all times and at its sole discretion, to access, read, preserve and disclose any and all Content Materials (including, without limitation, any related data and information) that it believes is necessary or that would facilitate (i) compliance with any applicable law, statute, regulation, legal process or governmental request; (ii) the enforcement of the Service Terms, including, without limitation, the investigation of any apparent or perceived breach or default hereunder; (iii) the detection, prevention, and/or other efforts to address any apparent or perceived misrepresentation, fraud, security issue or technical matter; (iv) the investigation or other efforts to respond to any customer or other user support request; (v) any efforts to secure and/or protect any of the rights, title and interests of SocialGO relating to the Service (including, without limitation, the API), and safeguarding the property and protecting the safety and security of SocialGO, its users (whether or not registered with the Service) and the public.

OnLine Conduct for Network Owners and Members

  1. Online conduct should be guided by common sense and respect for other users (whether or not registered with the Service) and for the employees and representatives of SocialGO, as well as respect for the laws, statutes and regulations that would apply to one’s conduct in the real (i.e., offline) world. SocialGO does not and will not tolerate inappropriate behaviour or illegal activities on and/or in connection with the Service. Please be advised that we will terminate the Account(s) of anyone who engages in inappropriate behaviour or illegal activity on and/or in connection with the Service, and we will cooperate with law enforcement officials with respect to any illegal activities or actionable conduct.
  2. You acknowledge and agree that you will be personally responsible for your use of the Service and for all of your communications and activities on and/or in connection with the Service, including, without limitation, any and all Content Materials (including, without limitation, any related data and information) that you or any Third-Party Users contribute to your Account(s) or to the Service (whether alone or in collaboration with others).
  3. You will violate the Service Terms if you or any Third-Party Users do any of the following:
    1. Copy, reproduce, duplicate, upload, post, host, display or perform (publicly or otherwise), market, advertise, promote, distribute, transmit, or otherwise disseminate any of the following types of Content Materials (including, without limitation, any related data or information):
    2. that is illegal or otherwise promotes or encourages any illegal activity (including, without limitation, hacking, cracking, or the distribution of counterfeit software, or any products or services derived from any such activities; or
    3. that you do not own or have permission to freely distribute; or that violates any indecency laws.
    4. Copy, reproduce, duplicate, upload, post, host, cause to be displayed or performed (publicly or otherwise), distribute, transmit, or otherwise disseminate any unsolicited email, SMSs, or “spam” messages
    5. Copy, reproduce, duplicate, upload, post, host, cause to be displayed or performed (publicly or otherwise), distribute, transmit, or otherwise disseminate any worms, viruses, corrupted data, or any other such code of a destructive nature (aka, malware)
    6. Modify any part of the Service or any web site(s) related to the Service that SocialGO has not expressly authorized you in writing to modify
    7. Hack into, adapt, or otherwise modify the Service (or any part thereof) and/or any other website so as to falsely imply that it is associated with the Service or SocialGO (or any of its affiliates), or any products or services of SocialGO (or any of its affiliates)
    8. Hack into, decipher, adapt, modify or otherwise attempt to interfere with any transmissions to or from any of the servers that are used to operate the Service
    9. Copy, reproduce, duplicate, offer to sell, sell, resell or otherwise exploit any portion of the Service, or any access or use of the Service, without SocialGO’s prior written consent (which may be granted or withheld at SocialGO’s sole and absolute discretion)
    10. Harass, threaten, intimidate, embarrass, disparage, or do anything else to any other user (whether or not registered with the Service) or guest of the Service that is offensive, unwarranted or unwanted (as determined by SocialGO, at its sole discretion)
    11. Exploit any vulnerability, “bug”, or other programming error in the Service Software or the Service, or communicate the existence of any such matter, either directly or indirectly, to any other user (whether or not registered with the Service) or guest of the Service
    12. Claim or pretend to be an employee or representative of SocialGO (or any of its affiliates) or take any action that would imply that you have any such relationship with SocialGO (or any of its affiliates), or impersonate any other person, including, without limitation, any celebrity, professional athlete, or other individual of public renown
    13. Attempt to obtain any password or other Account information, or any other private information, regarding any other user (whether or not registered with the Service) or guest of the Service
    14. Post messages or other correspondence for any purpose other than personal communications, such as, for example, any advertising, marketing or promotional materials regarding illegal gambling activities, chain letters, pyramid schemes, or that otherwise attempt to implement any unauthorized or illegal commercial use of the Service
    15. Disrupt the flow of conversations in chat rooms with, for example, vulgar or abusive language, excessive “shouting” in ALL CAPS, “spamming”, “flooding” (i.e., posting repetitive text) or inputting large images that result in any displayed audiovisual work and/or related data or information appearing to move by too fast to be read by other participants in a chat room
    16. Post or otherwise disseminate within the Service or through any web site(s) that are part of the Service or outside of the Service any real-world personal information regarding any other user (whether or not registered) or any guest of the Service
    17. Use any features or functionality that are part of the Service (e.g., complaint buttons or customer service request forms) to make any false report to any employees or representatives of SocialGO (or any of its affiliates)
    18. Intentionally do anything that interferes with the opportunity or ability of any other user (whether or not registered with the Service) or guest of the Service to enjoy the features and functionality of the Service in accordance with the Service Terms, and/or that materially increases the costs or expenses of implementing, operating, administering, supporting and/or maintaining the Service (or any part thereof)

    4. SocialGO expressly reserves the right (but without any obligation) to remove any Content Materials and terminate any Account (as applicable) that contains any content, data and/or information that SocialGO determines, in its sole discretion, to be illegal, unlawful, harassing, threatening, intimidating, or that infringes any third party’s intellectual property rights or other proprietary rights, or that violates any of the terms or conditions referenced in the Service Terms or any policies, rules, regulations or guidelines adopted by SocialGO or its affiliates (as applicable), at its/their sole discretion.

    5. Harassment, intimidation or disparaging comments (whether verbally or in writing) or other abusive conduct or communications (including threats of abuse or retribution) directed at SocialGO (or any of its affiliates), or any of the officers, directors, employees, members, licensors, customers, agents or representatives of SocialGO (or any of its affiliates), will result in immediate Account termination without advance notice and without any obligation or liability to the owner of such Account(s) or any third party.

Disclaimer of Warranties Relating to the Service

    1. The Service is provided on an “as is” and “as available” basis, without any warranties of any kind, including, without limitation, any implied warranties of merchantability, fitness for any particular purpose, title, or non-infringement. You acknowledge and agree that your use of the Service (or any part thereof) is entirely at your sole risk and expense.

    2. SocialGO does not guarantee or warrant that (i) the Service will be uninterrupted, timely provided, secure, or error-free; (ii) the results that may be obtained from any use of the Service will be accurate, complete or reliable; (iii) the Service will meet your expectations or specific requirements; (iv) the quality of any products, services, information, or other materials purchased or otherwise obtained by you through the Service will meet your expectations; or (v) any errors confirmed to exist in the Service will be corrected.

    3. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER SOCIALGO OR ANY OF ITS AFFILIATES, NOR ANY OF THE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, LICENSORS, CUSTOMERS, AGENTS OR REPRESENTATIVES OF SOCIALGO OR ANY OF ITS AFFILIATES, SHALL HAVE ANY LIABILITY OF ANY KIND OR NATURE IN CONNECTION WITH YOUR USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE AND/OR SOFTWARE), AND THE ENTIRE COST AND RISK OF YOUR USE OF THE SERVICE AND/OR INABILITY TO USE THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR REAL OR PERSONAL PROPERTY, INCLUDING, WITHOUT LIMITATION, YOU COMPUTER HARDWARE AND/OR SOFTWARE) RESIDES SOLELY AND EXCLUSIVELY WITH YOU.

    4. You expressly acknowledge and agree that neither SocialGO (or any of its affiliates) nor any of the officers, directors, employees, members, licensors, customers, agents or representatives of SocialGO (or any its affiliates) shall be liable for any direct, indirect, incidental, consequential, special, punitive or exemplary damages, including, but not limited to, damages for loss of sales, revenues, profits, use, data, goodwill, or any other tangible or intangible losses (even if SocialGO has been advised of the possibility of any such loss or damages), resulting from: (i) your use or any inability to use the Service; (ii) the cost of procurement of substitute goods and/or services resulting from any goods, data, information or services purchased or obtained, or messages received, or transactions entered into, by means of or otherwise in connection with the Service; (iii) any unauthorized access to or alteration of your user or Account data or related information, or any Content Materials, postings, communications, transmissions, or any related data or information; (iv) any conduct, statements, representations, or Content Materials of any third party contained within or otherwise displayed on or as part of the Service; (v) the suspension, cancellation or termination of your Account(s); or (vi) any other matter(s) relating to the Service or the Service Terms.

    5. You acknowledge that the technical processing and transmission of the Service, including your user and Account data, Content Materials, and related data and information (a) may be distributed in an unencrypted form, (b) may involve transmissions by means of various networks and equipment that are not owned or controlled by SocialGO, and (c) may require adaptive changes to conform to technical requirements of any connecting networks and/or devices, and you agree that SocialGO shall have no obligation or liability to you or any third party as a result of or otherwise in connection with any such matters.

    6. You further acknowledge that SocialGO contracts with third parties to provide the necessary hardware, software, networking, storage, hosting, and related technology required to operate, manage, maintain and support the Service, including, without limitation, the posting, hosting and serving of your Content Materials (including, without limitation, any related data and information), and you agree that SocialGO shall have no obligation or liability to you or any third party as a result of or otherwise In connection with any such matters.

    7. You further acknowledge and agree that, upon request by SocialGO, you shall defend, indemnify and hold harmless SocialGO (and its affiliates) and the officers, directors, employees, members, licensors, customers, representatives and agents of SocialGO (and its affiliates) from and against any and all claims, losses, liabilities, damages, costs and expenses (including, without limitation, reasonable fees for attorneys and other professionals) resulting from or arising in connection with any breach of the Service Terms by you or any Third-Party Users that you authorize, allow or otherwise permit to have access to and/or to use any of your Account(s), user ID(s), and/or password(s), or that arise as a consequence of any Content Materials (including, without limitation, any related data or information) posted, distributed or otherwise disseminated as part of or otherwise in connection with the Service and/or any Account(s) that you establish with the Service.

    8. SocialGO expressly reserves the right, at its own expense, to participate in the defense of any claim, demand or suit for which you have an indemnity obligation hereunder, using counsel chosen by SocialGO, and may assume control of its defense at any time, at SocialGO’s sole discretion.

Third-Party Sites

  1. If you elect to click on a link within the Service or a link within any web page(s) that are displayed or performed on and/or as part of the Service, you will leave the Service and be directed to the website(s) that you choose to visit and voluntarily select, at your sole discretion. Please be advised that SocialGO does not and cannot control the activities of any such third-party website operators, and, accordingly, SocialGO does not know and cannot guarantee that any such third parties adhere to the same privacy and security practices as those adopted by SocialGO. You should carefully review the privacy policies of the owners and/or operators of any such third-party website(s) that you elect to access and/or from which you request products or services, or to which (or from which) you transmit (or receive) any data or information.
  2. Some third-party websites may charge separate fees (which are not included in any subscription or other payment plan that you choose to establish with SocialGO). Any separate obligations, including, but not limited to, any fees or charges that you may incur as a result of your communications, dealings and/or transactions with any such third parties are solely and exclusively your responsibility.

Advertising within the Service

  1. SocialGO and its affiliates (as applicable) expressly reserves the right in connection with any networks that are created as part of any “free” version of SocialGO.com (collectively, “Free SocialGO Networks), to solicit, procure, host, serve, perform, display and otherwise disseminate advertisements, promotional announcements, sponsorships, and other such marketing materials and information regarding the products and services of SocialGO and its affiliates (as applicable), as well as the products and services of third parties, both within the Service, in general, and/or within the web page(s) that are made available to individuals who access and use the Service (whether or not registered with the Service).
  2. SocialGO and its affiliates (as applicable) may incorporate static advertisements and promotional announcements within the Service and in and around the web page(s) for the Free SocialGO Networks that are made available as part of the Service.
  3. SocialGO and its affiliates (as applicable) may also incorporate technology for displaying dynamic advertising within the Service and in and around the web page(s) for the Free SocialGO Networks that are part of the Service, which technology enables advertisements and promotional announcements to be temporarily uploaded into portions of the computer code for the Service (and into the applicable web page(s) that are part of the Service) that is reproduced and stored on your PC to be dynamically changed while you access the Service on-line and/or access the affected web page(s) that are part of the Service.
  4. You acknowledge and agree that all commercial aspects of the Service, including, without limitation, the display or performance of any static and/or dynamic advertising may be undertaken by SocialGO and its affiliates (as applicable), at its/their sole discretion, and that you have no expectation that advertisements, promotional announcements, sponsorships, and/or any other such marketing materials and information will not be incorporated within the Service and/or within the web page(s) that are made available as part of the Service.
  5. The servers used by SocialGO and its affiliates, representatives and agents, including any third-party advertisers or advertising providers may be located outside your country of residence. If you reside in a Member State of the European Union, the servers may be located outside of the European Union.

General Provisions

  1. The delay or failure of SocialGO to exercise or enforce any right, power or remedy under the Service Terms shall not constitute a waiver of such right, power or remedy. No waiver of any provision of these Service Terms shall be effective unless in writing and signed by SocialGO. Any waiver by SocialGO of any provision of the Service Terms shall not be construed as a waiver of any other provision of the Service Terms, nor shall such waiver operate as or be construed as a waiver of such provision respecting any future or subsequent event or circumstance.
  2. The Service Terms constitutes the entire agreement between you and SocialGO with respect to your access to and use of the Service, for all intents and purposes, and supersedes all prior and contemporaneous understandings and agreements between you and SocialGO, including, but not limited to, any and all prior versions of the Service Terms.
  3. You acknowledge and agree that the Service Terms (including, without limitation, SocialGO’s policies, rules, regulations and guidelines of or concerning the Service) are not intended to confer and do not confer any rights, powers or remedies upon any person or entity other than you and SocialGO, who are the parties to this Agreement.
  4. Nothing contained herein shall in any way constitute any association, partnership or joint venture between you and SocialGO, or between SocialGO and any other users (whether or not registered with the Service) or guests of the Service, or be construed to evidence the intention of the parties to establish any such relationship. Each of the parties shall be operating as independent contractors in fulfilling their respective obligations hereunder. No user (whether or not registered with the Service) or guest of the Service shall have the right, power or authority to make any representation or warranty (whether express or implied), or to assume or create any obligation on behalf of SocialGO, or to bind SocialGO in any manner whatsoever.
  5. If any provision of the Service Terms (or part thereof) is determined by a court of competent jurisdiction to be void, invalid or otherwise unenforceable, such provision (or part thereof) shall be enforced to the extent possible consistent with the stated intention of the parties, or, if incapable of such enforcement, shall be deemed to be deleted from the Service Terms, while the remainder of the Service Terms shall continue in full force and remain in effect according to its stated terms and conditions.
  6. The Service Terms shall be fairly interpreted in accordance with its stated terms and conditions, and without any strict construction in favor of or against either party.
  7. The laws of England (excluding its conflicts of law rules) shall govern the interpretation and enforcement of the Service Terms (as may be modified and otherwise amended by SocialGO, at its sole discretion, from time to time) and your access to and/or use of (or any inability to use) the Service. You expressly acknowledge and agree that exclusive jurisdiction for any claims or dispute with SocialGO (or any of its affiliates), or relating in any manner to any of your Account(s) and/or to your access to and use of (or any inability to use) the Service shall be in the Courts of England, and you further agree and expressly consent to the exercise of personal jurisdiction in the Courts of England in connection with any such dispute, including, without limitation, any claims involving SocialGO (or any of its affiliates) or any of the officers, directors, employees, members, licensors, customers, representatives, agents, successors and assigns of SocialGO (or any of its affiliates).

Open Beta Period

If you sign-up and establish an Account during October 2008, you will be entitled to receive SocialGO.com “Premium Service” (including all available options) until the end of the 2008 calendar year at no charge. Starting on January 1, 2009, you will have the option to continue to enjoy the benefits of a “Free” SocialGO.com Account, or, alternatively, you may choose at that time to start paying for SocialGO.com Premium Service and/or any particular options that you want to continue to receive. If your storage or bandwidth consumption exceeds the then-applicable “Free” service limits, please be advised that you will need to upgrade to Premium Service and pay for any additional blocks of storage that are be required for you to continue operating your network in its then-current form. All other terms and conditions set out in the Service Terms shall apply during the Open Beta period (which may be suspended or terminated by SocialGO at any time at its sole discretion).

Last updated: October 24, 2008