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Terms of Service
These Terms of Service (“Terms”) govern your access to and use of the services and NexusSelect LLC d/b/a SocianSelect’s™ websites and applications (the “Services”), and any information, text, graphics, or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
You are responsible for your use of the Services, for any content you post to or as a result of the Services, verifying your website stats, posting content to the same url you apply to a promotion with, complying with FTC regulations on all posts you make, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.
You may use the Services only if you can form a binding contract with SocianSelect™ and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction (including parties not eligible to make use of relevant social media platforms owing to age or other restrictions contained in the terms of service thereof). You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. You must be at least 13 years old to make use of the Services.
The Services that SocianSelect™ provides are always evolving and the form and nature of the Services that SocianSelect™ provides may change from time to time without prior notice to you. In addition, SocianSelect™ may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by SocianSelect™ on the Services are subject to change. In consideration for SocianSelect™ granting you access to and use of the Services, you agree that SocianSelect™ and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
SocianSelect™ does NOT endorse any of the products listed on or otherwise using or contained on or transmitted by the Services. All products and services are the responsibility of the party listing the product, and any SocianSelect™ members using the product or service are doing so at their own risk.
Content on The Services
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the party who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, content that have been mislabeled or are otherwise deceptive. Under no circumstances will SocianSelect™ be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, nonexclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for SocianSelect™ to make such Content available to other companies, organizations or individuals who partner with SocianSelect™ for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
Such additional uses by SocianSelect,™ or other companies, organizations or individuals who partner with SocianSelect,™ may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be rebroadcasted by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. SocianSelect™ will not be responsible or liable for any use of your Content by SocianSelect™ in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
All right, title, and interest in and to the Services (including the Content provided or generated thereon by users) are and will remain the exclusive property of SocianSelect™ and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the SocianSelect™ name or any of the SocianSelect™ trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding SocianSelect,™ or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you. SocianSelect™ reserves the right to remove any user or user-provided content of any type for any reason.
Promotions & Reviews
SocianSelect™ reserves the right to remove any user of any type who does not abide by any guidelines established under these Terms or such other provisions as SocianSelect™ may establish. As an influencer or promoter you agree to abide by The Federal Trade Commissions 16 CFR, Part 255 Guides Concerning the Use of Endorsements and Testimonials in Advertising. As a registered member you understand listing a product or service on SocianSelect™ can result in negative comments about it on the internet. This is a risk you are taking and SocianSelect™ will not be held responsible for any negative effects whatsoever resulting from your use of the Services.
Modifications to The Service & Prices
- SocianSelect™ reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the SocianSelect™ Site (www.SocianSelect.com) or the Service itself.
- SocianSelect™ shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
You can purchase a monthly advertiser plan and your credit card on file will be charged on a recurring basis. All fees, expenses and taxes due hereunder will be paid in U.S. dollars. All fees due and payable by you to SocianSelect™ under the Terms must be paid in full without any deduction, set-off, counterclaim or withholding of any kind unless required by law. When you sign up for a paid plan, you are agreeing to pay and take responsibility for all charges made in accordance with the chosen plan, and your subscription will automatically renew at the end of the subscription term unless you cancel as further set forth herein.
Once a user submits a request for cancellation, no additional charges will be made. However, no refunds (prorated or otherwise) are provided upon cancellation. Plans provide month-to-month access, with monthly charges being made each renewal day (the same day of the month that you originally signed up for the plan). Monthly plans automatically renew every month. If you cancel before an upcoming renewal day, you will have access to your Account through the end of the then-current month.
If for any reason, a charge is rejected, you shall immediately update your Account or supply a new payment account, as appropriate. If you are unable to update your credit card account with appropriate information, then SocianSelect™ will send an invoice to you detailing the amount due. You must pay the amount due in full within seven (7) days after the date of the invoice. In the event of the foregoing, SocianSelect™ shall not be obligated to provide any and/or all of the Services until such fees are paid in full. Accounts that have been terminated may be reactivated if valid payment information is entered and the card can be successfully processed for all charges accrued on the Account since the failed credit card charge.
Rate & Access Limitations
SocianSelect™ reserves the rite to impose rate or access limitations on the Services or your use of the Services upon the provision of prior notice thereof.
SocianSelect™ respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, SocianSelect™ will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
NexusSelect LLC d/b/a SocianSelect™ 155 Fleet St., Ste. 306, Portsmouth NH, 03101.
The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by SocianSelect™ of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOCIANSELECT™ AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT SOCIANSELECT™ HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Waiver and Severability
The failure of SocianSelect™ to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of Delaware without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the State of Delaware and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Delaware (excluding choice of law).
We may revise these Terms from time to time; the most current version will always be available in the footer of the website maintained by SocianSelect.™ If the revision, in our sole discretion, is material we will notify you via e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
These Services are operated and provided by NexusSelect LLC d/b/a SocianSelect,™ 155 Fleet St., Portsmouth, NH 03801. If you have any questions about these Terms, please contact us.
Effective: May 23, 2018.
Except as otherwise stated in this Policy and/or the Terms of Service connected hereto, SocianSelect™ does not sell, rent, trade or otherwise share Personal Information for third-party marketing purposes without your consent. Subject to the aforementioned terms, we may use or share your Personal Information for purposes of communicating with you, with third-parties for the purpose of delivering the Services, in response to a lawful request from relevant public authorities, or for such other purposes as are consistent with the said terms.
Information Collection and Use
While using the Services, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to, your name, your business, and other relevant information provided by you in using the Services ("Personal Information").
Like many site operators, we collect information that your browser sends whenever you access the Services ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type, browser version, the areas of the Services that you visit, the time and date of your visit, the time spent on the Services, and other statistics.
Cookies are digital files with a small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer's hard drive.
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is completely secure. SocianSelect™ takes reasonable measures to ensure that other entities which provide payment processing and other third-party services maintain your Personal Information confidential and secure. Although we use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. By accepting the terms of this Policy and using the Services you acknowledge and agree to assume the risk of potential access, disclosure, alteration or destruction of Personal Information or other data provided by you in using the Services, including risks associated with any third-party providers employed either directly or indirectly in the delivery of the Services.
Controlling Law and Jurisdiction
This Policy and any action related thereto will be governed by the laws of the State of Delaware without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the State of Delaware and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting this Policy on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead this Policy and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Delaware (excluding choice of law).
Effective: May 4, 2018.