SocialGO Terms & ConditionsDate of Last Revision: September 18th, 2012
Violation of any of the terms below will result in the termination of your Account.
These SocialGO Terms of Service set out the terms and conditions that apply to everyone who accesses or uses the www.socialgo.com website, including to create and/or operate a website (a "Network") using the tools and content available on the www.socialgo.com website (collectively, the "Service").
By accessing and using the Service (or any portion of it), you agree 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"). The Service Terms apply between SocialGO Development Limited ("SocialGO") and you (the "Network Owner") and, amongst other things, set out the rules you must abide by when operating a Network using the Service. They also require you to allow SocialGO certain directly enforceable rights against users ("Users") of any Network you operate under the terms of service you apply to govern Users' access to and use of your Network ("Network/User Terms"). However, there is no direct contractual relationship between SocialGO and any User in relation to any Network, and you shall be solely liable to Users for any breach by you of your Network/User Terms. 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 they were 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. If there is a conflict between these Service Terms and any other policies, rules, regulations or guidelines posted on the Service (including any Network/User Terms you implement in respect of your Network), SocialGO shall resolve such conflict in its sole discretion. Any questions about the Service Terms should be sent (via email) to firstname.lastname@example.org.
SocialGO's service principles:
You Own Your Content. SocialGO does not own any proprietary content created by users of the Service. Changes to Pricing Programs. SocialGO gives users thirty (30) days advance notice of any changes to its pricing plans. Good Faith Efforts to Resolve Disputes. SocialGO uses good faith efforts to resolve any problems experienced by its users. Explanation of Reasons for Suspension or Deletion. If SocialGO has to suspend or terminate a user's Account, it will explain its reasons for taking this action. All of our service principles are subject to the detailed provisions of these Service Terms.
Important Terms That Apply if You Create a Network – Please Read Carefully
You must not allow or encourage anyone to access, register with or otherwise use any Network you create using the Services unless you and they unconditionally agree to the Network/User Terms that SocialGO provides to you in full (current Network/User Terms are available at www.socialgo.com/legal/terms), including as may be updated by SocialGO from time to time in its discretion. You may not in any circumstances add to, remove from or otherwise vary the Network/User Terms except: as agreed by SocialGO in advance and in writing; or to apply terms which are specific to any products and/or services your make available to Users through your Network which are not in any way inconsistent with or contradictory to the Network/User Terms or the Service Terms (as determined by SocialGO in its sole discretion). SocialGO shall have the right in its sole discretion to choose whether to allow or reject any proposed variations to the Network/User Terms that you wish to make.
The Network/User Terms that SocialGO provides to you shall govern the contractual relationship between you and each User of your Network, and you could incur liability to Users if you do not comply with the Network/User Terms. In addition, failure by you to comply in full with the Network/User Terms that SocialGO provides to you shall be a material breach of these Service Terms, entitling SocialGO to terminate any Account and/or Network that you create using the Service. You shall immediately notify SocialGO of any breach of the Network/User Terms (whether by you or any of your Users) of which you become aware, and shall comply with any instructions given to you by SocialGO in respect of that breach (including, where necessary, terminating the account of any User in breach of the Network/User Terms). You acknowledge that, where you are in breach of the Network/User Terms (and/or these Service Terms), SocialGO shall have the right to terminate any Account and/or Network you have with the Service and/or may exercise rights of step-in to assume control of any Network you have created. SocialGO reserves the right to instruct you to terminate the account of (and/or to block access to your Network by) any User that SocialGO believes has: breached the Network/User Terms applicable to your Network; or breached the Network/User Terms applicable to any other Network hosted with and made available through the Service. Where so instructed by SocialGO, you shall immediately terminate the account of (and/or block access to your Network by) any such User. If you fail or are unable to take any such action, you agree that SocialGO may take this action on your behalf.
You agree that SocialGO shall have the right to enforce Network/User Terms directly against Users in order to maintain, preserve or protect the Service or where SocialGO otherwise considers it necessary to do so (including in instances where you refuse or fail to enforce Network/User Terms against non-compliant Users). Such direct enforcement rights shall include, but not be limited to, the right to terminate the account of any User of your Network who is in breach of the Network/User Terms. However, you acknowledge that SocialGO shall have no liability to consumers for breaches of the Network/User Terms (other than where and to the extent required by applicable law) and that you shall be solely liable to Users for any such breach by you. You will provide SocialGO with all assistance and do all acts and things SocialGO considers necessary to enable it to enforce Network/User Terms directly against Users or otherwise to enjoy the benefit of any of the Network/User Terms. You shall immediately notify SocialGO if: any of the Network/User Terms are held or determined unenforceable under applicable law; or you receive any correspondence, question or complaint from any person relating to your Network or any of the Network/User Terms (whether or not a User, and including any regulatory or law enforcement body). YOU SHALL AT ALL TIMES INDEMNIFY SocialGO AND KEEP SocialGO INDEMNIFIED FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, HARM, COSTS (INCLUDING REASONABLE LEGAL COSTS), FEES, EXPENSES AND OTHER LIABILITIES DIRECTLY OR INDIRECTLY SUFFERED OR INCURRED BY SocialGO AS A CONSEQUENCE OF: YOUR FAILURE TO IMPLEMENT AND SECURE UNCONDITIONAL USER ACCEPTANCE TO NETWORK/USER TERMS PROVIDED TO YOU BY SocialGO; OR ANY BREACH OR ALLEGED BREACH BY YOU OF YOUR NETWORK/USER TERMS. Other Important Terms that Apply to Network Owners
You must be 18 years or older to create an account that will entitle you to use the Service (an "Account"). If you are under 18, you must not create or attempt to create an account using the Service. 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. You may from time to time be required to provide further contact and other information as a condition of continuing use of part(s) or all of the Service. SocialGO is a family-friendly service. You must confirm on sign-up you will not at any time use the Service (nor any Network you create and operate using the Service) after this date to promote, allow or encourage the transmission, hosting or distribution of content or material that is of a sexually-explicit, graphic, violent or other adult theme (as determined by SocialGO in its sole discretion) ("Adult Content"). If you become aware of any Adult Content hosted on or transmitted or distributed using your Account or any Network you have created, you must immediately notify SocialGO and remove that Adult Content. Any delay or failure by you to notify SocialGO and remove Adult Content shall be a material breach of these Service Terms and shall entitle us to terminate your Account (and any Networks you have created) immediately and to remove and destroy any such Adult Content. You represent and warrant that the information you provide during sign-up is accurate and complete. You must update any information provided immediately if it becomes inaccurate or incomplete and must ensure that the email address in your Account information is at all times a valid address at which you can be contacted. You must not provide any false or inaccurate information whether during the registration process or otherwise. Accounts must not be registered by a "bot" or any other automated process or method. 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. 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. Only one person may use a log-in. Stated differently, a single login must not be shared by multiple users. 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 that SocialGO may choose to make available to you. Notwithstanding any of the above, 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.
You must hold either a valid credit card, an account with an approved third party payment provider (e.g. PayPal) or any other approved payment method that SocialGO notifies to you in order to pay for any Account that involves a charge. Where charges apply, your use of the Service is and will be billed by SocialGO in advance on a monthly basis and any and all payments are non-refundable. 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. When you initially sign up for a network, we will provide your first 14 days of Service free of charge. You will be required to enter a valid payment method upon sign-up. After your 14 day trial, you will be charged for your first month of paid-for Service in advance under the payment plan you choose. Failed payment after the free trial will result in the suspension of your SocialGO website. After your initial payment, you will be billed in advance for each subsequent months use thereafter. For any upgrade from your existing plan level to any new plan level made available by SocialGO, your chosen payment method will automatically be billed. You will receive a pro-rated invoice at the point of upgrade which will consist of a debit and a credit. The credit will relate to the unused portion of the plan that you are upgrading from, and the debit will relate to the remaining portion of the month (up to your next billing date) at the new plan rate. For any downgrade from your existing plan level to any new plan level made available by SocialGO, your chosen payment method will be charged at the new rate at your next billing date. You will not receive a credit for the unused portion of the plan that you are downgrading from, as the downgrade will not occur until your next billing date.
All fees advertised by SocialGO are exclusive of UK VAT and all other taxes, levies, or duties imposed by any applicable taxing authorities. SocialGO charges UK VAT where applicable. You are solely responsible for payment of any and all other taxes, levies, or duties imposed by any applicable taxing authorities. SocialGO is entitled to also charge you for any governmentally-imposed charges (in addition to VAT, the subscription and other fees for the particular payment plan that you have selected). Technical support is only made available to the owner of an active Account that is a paid 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. When you provide SocialGO with details about your chosen payment method, you are representing that you are the owner (or an authorized user) of the payment method you have chosen, and confirming that SocialGO is entitled to charge the referenced payment method for the particular subscription fee and other charges (if any) applicable to the particular payment plan that you have chosen. It is your responsibility to ensure your payment method has sufficient funds to cover the particular subscription fee and other charges (if any) applicable to the particular payment plan that you have chosen. SocialGO will not be liable for any bank fees, including, but not limited to, currency fees, overdraft usage fees, interest and returned payment fees. You must promptly notify SocialGO of any changes to your chosen payment method (e.g., Account details, expiration date, billing address, etc.), and you must immediately notify SocialGO if your chosen payment method expires or is cancelled for any reason. You are responsible for all of the charges that are incurred as a result of your use of the Service, including, without limitation, bank fees, 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 that relates to your Account(s). 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. SocialGO has a zero tolerance policy on chargebacks. Any user who disputes a charge that is later found to be valid will be permanently barred from using SocialGO in the future. All outstanding payments and charges will be sent to the Small Claims Court and all available credit reporting agencies will be notified.
Service and Pricing Changes
Cancellation or Termination of Your Network Owner Account
If you choose to cancel your Account we may retain your Account registration details where required or otherwise permitted by law. You may elect to cancel your Account at any time for any reason or for no reason by following the cancellation procedure here. It is your sole responsibility to cancel your network. All User data and Account data relating to a cancelled network Account, as well as any content made available in or on the applicable Network, will no longer be accessible by means of the Service following the effective date of cancellation. Please be advised that none of the content posted in or on your Network on or before the effective date of cancellation will be able to be accessed or recovered by you or any Users once your network Account is cancelled. SocialGO shall have no obligation or liability to you with respect to the deletion or loss of any such User and account data or any Network content. 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. If your bandwidth usage or server storage requirements (on the servers owned or controlled by SocialGO) exceeds the fair use policy established by SocialGO for your type of network Account (as determined by SocialGO, at its sole discretion), SocialGO reserves the right to immediately prohibit, prevent access to or remove any content you make available or attempt to make available on your Network 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, agree to cover the fees, (as determined by SocialGO, at its sole discretion), of the higher bandwidth usage and/or storage requirements to support your network Account activities. You acknowledge and agree that the cancellation of your network Account(s), Network(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 the Service Terms or any of SocialGO’s policies, rules, regulations, or guidelines relating to the Service; your ability or inability to access and/or use the Service; the fees and related charges, taxes, duties, billing methods or procedures, or any changes with respect to any of the foregoing; and the content (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
SocialGO and its licensors own and/or otherwise control 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 "Proprietary Rights"). The underlying computer programs comprising the Service, as well as the look and feel of the Service, are copyrighted ©1999-2012 SocialGOplc (formerly Bright Things plc), and any and all rights therein and thereto are expressly reserved by SocialGO plc. These rights are protected by UK 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. 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 Proprietary Rights, to 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 websites 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 to reproduce, publicly display and distribute, but solely as part of the Service, the content 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. 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 that are authored, created or made available by any other registered users or other individuals who access and use the Service.
For the avoidance of doubt, SocialGO claims no intellectual property rights with respect to any of the content 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 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 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 (or any portions of any of the foregoing) as part of or otherwise in connection with the Service. Similarly, where you choose an option in the Service that allows you to make your web pages and related content available on the Service 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 as part of the Service on the applicable non-public basis. You acknowledge that SocialGO does not pre-screen any of the various content and materials (including, without limitation, any related data and information) submitted and posted on and/or as part of the Service by you, any Users of your Network 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 have a contract for the marketing and advertising of any third-party products or services by means of the Service. You agree that SocialGO shall not have any obligations or responsibilities, nor any liability of any kind or nature, with respect to any such content or materials, and SocialGO hereby expressly disclaims any obligation to monitor and all liabilities with respect to any such content or materials that do not originate with SocialGO. 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), or any content or 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 or materials that SocialGO believes may violate the rights of any third party or contravene any of the terms or conditions referenced in the Service Terms. SocialGO further reserves the right, at all times and at its sole discretion, to access, read, preserve and disclose any and all content and materials (including, without limitation, any related data and information) that it believes is necessary or that would facilitate compliance with any applicable law, statute, regulation, legal process or governmental request; the enforcement of the Service Terms, including, without limitation, the investigation of any apparent or perceived breach or default hereunder; the detection, prevention, and/or other efforts to address any apparent or perceived misrepresentation, fraud, security issue or technical matter; the investigation or other efforts to respond to any customer or other user support request; 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 Users
Online conduct should be guided by common sense having regard to the nature of the Service 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. Inappropriate behaviour or illegal activities identified on and/or in connection with the Service or any Network will not be tolerated. Please be advised that we will terminate the Account(s) of anyone (including Users) who engages in inappropriate behaviour or illegal activity on and/or in connection with the Service or any Network, and we shall be free to cooperate with law enforcement officials with respect to any illegal activities or actionable conduct. 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 and any of your Networks, including, without limitation, any and all content and materials (including, without limitation, any related data and information) that you or Users of your Network contribute to the Service (whether alone or in collaboration with others). You will violate the Service Terms if you or any Users do any of the following: Copy, reproduce, duplicate, upload, post, host, display or perform (publicly or otherwise), market, advertise, promote, distribute, transmit, or otherwise disseminate any content or materials (including, without limitation, any related data or information): that are illegal or otherwise promote or encourage 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 that you do not own or have permission to freely distribute; or that violates any laws or regulations worldwide.
Engage in any activity in connection with the Service that violates any laws or regulations worldwide, including without limitation laws as to indecency, child protection, extreme pornographic images, racial hatred and terrorism. 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 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) Modify any part of the Service, the Network/User Terms or any web site(s) related to the Service that SocialGO has not expressly authorized you in writing to modify 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) 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 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 consent may be granted or withheld at SocialGO's sole and absolute discretion) 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) 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 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 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 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 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 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 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) 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) Violate the Network/User Terms applicable to your Network or any other Network (whether operated by you or any other Network Owner) for which SocialGO provides services. SocialGO expressly reserves the right (but without any obligation) to remove any content and materials and terminate any Account (as applicable) that contains any content, data and/or information that either it or SocialGO determines, in its sole discretion, to be illegal, unlawful, harassing, threatening, intimidating, or an infringement of any third party’s intellectual property rights or other proprietary rights, or a violation of 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. If SocialGO or its affiliates (as applicable) determine that the use of any third-party widgets or any other such content or materials that are made available on the Service interfere with the operation, performance and/or functionality of the Service, they will have the right to suspend the Service and/or your Account and/or to allow you the opportunity to correct and remedy the noted problem to their reasonable satisfaction. 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. Please be advised that if you violate the Service Terms or any Network/User 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 and/or Networks 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 Account(s) and/or Network(s), although SocialGO may choose to do so, at its sole discretion.
Disclaimer of Warranties Relating to the Service
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. SocialGO does not guarantee or warrant that the Service will be uninterrupted, timely provided, secure, or error-free; the results that may be obtained from any use of the Service will be accurate, complete or reliable; the Service will meet your expectations or specific requirements; the quality of any products, services, information, or other materials purchased or otherwise obtained by you through the Service will meet your expectations; or any errors confirmed to exist in the Service will be corrected. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER SocialGO NOR 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. You expressly acknowledge and agree that neither SocialGO nor 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: your use or any inability to use the Service; 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; any unauthorized access to or alteration of your user or Account data or related information, or any content or materials, postings, communications, transmissions, or any related data or information; any conduct, statements, representations, or content or materials of any third party contained within or otherwise displayed on or as part of the Service; the suspension, cancellation or termination of your Account(s); or any other matter(s) relating to the Service or the Service Terms. You acknowledge that the technical processing and transmission of the Service, including your user and Account data, content and related data and information may be distributed in an unencrypted form may involve transmissions by means of various networks and equipment that are not owned or controlled by SocialGO, and 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.
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 (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. 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 or 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. SocialGO expressly reserves the right, at its own expense, to participate in the defense of any claim, demand or suit for which you are obliged to indemnify SocialGO hereunder, using counsel chosen by SocialGO, and may assume control of its defense at any time, at SocialGO's sole discretion.
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. 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.
Unlimited Use Policy
SocialGO operates a fair use policy on all accounts with unlimited bandwidth and storage. You may transfer unlimited data inside your network for all types of content including html, pictures and video. Videos, photos and files linked to from another website (hot-linked) are not included in your unlimited plan. If hot-linked traffic exceeds traffic inside your network then limits may be placed on your account. In the unlikely event that the traffic to your network starts to affect the performance of other parts of the platform then we may also need to migrate you to your own dedicated servers which may involve extra cost. We will endeavour to immediately contact you if we have limit or restrict your account in any way.
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. The Service Terms constitute the entire agreement between you and SocialGO with respect to your access to and use of the Service, for all intents and purposes, and supersede 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. You acknowledge and agree that the Service Terms (including, without limitation, any policies, rules, regulations and guidelines of or concerning the Service expressly incorporated by reference within the Service Terms) 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. 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. 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. The Service Terms shall be fairly interpreted in accordance with their stated terms and conditions, and without any strict construction in favor of or against either party. 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 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).