Terms & Conditions
A LEGAL DISCLAIMER
The explanations and information provided on this page are merely general and high-level guidance on how to draft your own terms and conditions document. You should not consider this article as legal advice or a recommendation on what you should actually do, as we cannot anticipate the specific conditions you wish to establish between your business and your customers and visitors. We recommend seeking legal advice to help you understand and assist you in creating your own terms and conditions.
CONTENT
Our Service allows you to publish, link, store, share, and otherwise make available certain information, texts, videos, or other materials ("Content"). You are responsible for the content that you post on the service, including its legality, reliability, and appropriateness.
By posting, uploading, or otherwise submitting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute that Content on and via the Service. You retain all your rights to any content you submit, post, upload, or display on or via the Service, and you are responsible for protecting those rights.
You represent and warrant that: (i) the Content belongs to you (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting, uploading, or submission of your Content on or via the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.
We reserve all rights to block or remove communications or materials that we consider: (i) abusive, defamatory, or obscene; (ii) fraudulent, deceptive, or misleading; (iii) in violation of someone else's copyright, trademark, or other intellectual property rights; or (iv) offensive or otherwise unacceptable to us, in our sole discretion.
You acknowledge that by providing you with the ability to view and distribute user-generated content on the Service, we are merely acting as a passive conduit for such distribution and assume no obligation or liability relating to any content or activities on the Service.
ACCOUNTS
When you create an account with us, you must provide us with accurate, complete, and up-to-date information at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or a name that is not legally available for use, a name or trademark that is subject to rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar, obscene, or misleading. We reserve the right to remove, reclaim, or change usernames that violate these Terms or are inactive.
INTELLECTUAL PROPERTY
The Service and all its contents, including but not limited to text, images, graphics, or code, are the property of SocialMirror and are protected by copyright, trademarks, database rights, and other intellectual property rights. You may view, copy, download, or print portions of the material from different areas of the Service solely for your own non-commercial use. Any other use is strictly prohibited and may violate copyright, trademark, and other laws. These Terms do not grant you a license to use any trademark of SocialMirror or its affiliates. Additionally, you agree not to modify, alter, or remove any proprietary notices from materials downloaded from the Service.
LINKS TO OTHER WEBSITES
The Service may contain links to third-party websites or services that are not owned or controlled by SOCIAL MIRROR.
SOCIAL MIRROR has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that SocialMirror shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party website or service that you visit.
TERMINATION
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless SOCIAL MIRROR, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands.
These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; (c) anything you post on or upload to or otherwise submit to the Service; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means.
LIMITATION OF LIABILITY
SOCIAL MIRROR, its directors, employees, partners, agents, suppliers, or affiliates shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third party on or related to the Service; (iv) any content obtained from or through the Service; and (v) 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 we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.
DISCLAIMER AND NON-WAIVER OF RIGHTS
SOCIAL MIRROR makes no warranty, representation, or guarantee of any kind regarding the Service. All warranties, conditions, and other terms that may otherwise be implied are excluded to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance, except where prohibited by the laws of any province of Canada. In such cases, provincial law shall apply to the extent necessary.
SOCIAL MIRROR, its affiliates, and licensors do not warrant that (i) the Service will function uninterrupted, secure, or available at any particular time or location; (ii) any errors or defects will be corrected; (iii) the Service is free of viruses or other harmful components; or (iv) the results of using the Service will meet your requirements.
If you violate any of these Terms and SocialMirror chooses not to act immediately, or chooses not to act at all, SOCIAL MIRROR will still be entitled to all rights and remedies at any later date, or in any other situation, where you violate these Terms. SOCIAL MIRROR does not waive any of its rights. SOCIAL MIRROR shall not be liable for any alleged violation of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no enforceable rights.
You may not assign, sublicense, or otherwise transfer any of your rights under these Terms.
EXCLUSIONS
As stated above, 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.
GOVERNING LAW
These Terms shall be governed, interpreted, and enforced in accordance with the laws of the United Kingdom, where applicable.
If any provision of these Terms is deemed invalid or unenforceable by a competent court, then all remaining provisions of these Terms shall remain in effect. These Terms constitute the entire agreement between SOCIAL MIRROR and you regarding our Service, and supersede any prior agreements, oral or otherwise, regarding the Service.