Terms Of Service
SOCIALCLOSER Terms Of Service
The www.SocialCloser.io website and all related services are owned and operated by StudioHDV, Inc. d/b/a SOCIALCLOSER and are collectively referred to in this document as “SOCIALCLOSER” and the “SOCIALCLOSER Website”. Certain content and material available on the SOCIALCLOSER Website and related services are provided by license from third parties. By accessing, browsing and/or using the SOCIALCLOSER Website or related services, you agree that you are bound by these terms and conditions of use (“Terms of Use”). If you do not agree to these Terms of Use, leave the SOCIALCLOSER Website immediately and do not access, browse or use the SOCIALCLOSER Website or related services.
PAID MEMBER ACCOUNTS
Certain sections of, or offerings from SOCIALCLOSER require you to register or purchase. If you request registration or a purchase, you agree to provide us with accurate, complete registration and/or purchase information. Your registration must be done using accurate information. You also represent and warrant that if you are becoming a paid member, that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
By registering as a paid member, you agree and acknowledge that you voluntarily subscribed to the SOCIALCLOSER Membership, and that in doing so, you agree that you will be charged the monthly membership rate on the credit card you provided, indefinitely, unless and until you send in a written cancellation request. Memberships can be canceled at any time, upon receipt of a written cancellation request to support@socialcloser.io.
By enrolling as a paid member, you agree and acknowledge that UNTIL YOU CANCEL YOUR ACCOUNT IN WRITING, YOU WILL CONTINUE TO BE CHARGED THE MONTHLY MEMBERSHIP FEE TO THE CREDIT CARD YOU PROVIDED. You also agree and acknowledge that SOCIALCLOSER DOES NOT PROCESS REFUNDS. ALL SALES ARE FINAL, AND SOCIALCLOSER DOES NOT RETROACTIVELY PROCESS REFUNDS EVEN IF YOU FAIL TO USE THE SOCIALCLOSER SERVICE.
You agree that SOCIALCLOSER shall be permitted to charge your credit card on a monthly basis in advance of providing its services or as needed for prepayments, for your subscription fee, any applicable sales taxes, and any other charges you may incur in connection with your use of SOCIALCLOSER services. The monthly membership fee is billed in full on the first day of your paid membership and monthly thereafter, unless and until you cancel your subscription. If your billing date lands on a day not contained in a given month, you will be billed on the last day of that month. For example, if your paid subscription began on March 31st, your next billing date would be April 30th.
SOCIALCLOSER is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by SOCIALCLOSER. Currency exchange settlements will be based on agreements between you and the provider of your credit card. In addition, we do not give pro-rated refunds for unused time if cancellation is initiated during the middle of a billing cycle. We reserve the right to change our fees, but will notify you in advance of increases.
Each paid registration is for your personal use only. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
INTELLECTUAL PROPERTY RIGHTS | TRADEMARKS
The material and content on the SOCIALCLOSER Website (“SOCIALCLOSER Content”) may not be reproduced, distributed, displayed, used for derivative works, or transmitted in any way, except as expressly permitted by SOCIALCLOSER .
The SOCIALCLOSER Content is proprietary and subject to copyright and other legal protection by SOCIALCLOSER or its third party licensors. Nothing in this Terms of Services grants or confers any title or ownership of, or exclusive use-rights to, any intellectual property right in and to the SOCIALCLOSER Content. If you are NOT a paid subscriber to the SOCIALCLOSER service, SOCIALCLOSER grants you a limited license to view the SOCIALCLOSER Content provided to the public by SOCIALCLOSER on the SOCIALCLOSER Website. If you are a paid subscriber to the SOCIALCLOSER service, SOCIALCLOSER grants you a view of the public SOCIALCLOSER Content and a limited non-transferrable license to view and use the subscriber SOCIALCLOSER Content solely for original purchaser’s own purposes.
SOCIALCLOSER and the SOCIALCLOSER logos are trademarks of SOCIALCLOSER and all rights are reserved. All other SOCIALCLOSER trademarks, service marks, domain names, logos, and company names referred to on the SOCIALCLOSER Website are the property of SOCIALCLOSER or its licensors. Other non SOCIALCLOSER company names, trademarks, service marks, domain names, logos on the SOCIALCLOSER Website may be trademarks of their respective owners. You may not use any trademark, service mark, domain name, logo, or company name of SOCIALCLOSER or any third party without permission from the owner of the applicable trademark, service mark, domain name, logo, or company name.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content, or the Service: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; (l) in any way which violates the Facebook platform policies located at https://developers.facebook.com/terms/. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
You also agree not to misuse our Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide. You may not do any of the following while accessing or using the Services: (1) access, tamper with, or use non-public areas of the Service or SocialCloser’s computer systems; (2) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (3) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by SocialCloser and third-party integrations authorized by us (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with SocialCloser (NOTE: crawling the Service is permissible if done in accordance with the provisions of the robots.txt file and is limited to publicly-accessible parts of the Service only, however, scraping the Services without the prior consent of SocialCloser is expressly prohibited); (4) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (5) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service.
We preserve the right to limit access to the platform for users and/or Facebook pages whose actions result in degrading the experience of other platform users, other Facebook users, Facebook’s employees, affiliates, or partners, or SocialCloser’s employees, affiliates, or partners.
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (1) satisfy any applicable law, regulation, legal process or governmental request, (2) enforce the Terms, including investigation of potential violations hereof, (3) detect, prevent, or otherwise address fraud, security or technical issues, (4) respond to user support requests, or (5) protect the rights, property or safety of SocialCloser, its users and the public. SocialCloser does not disclose personally-identifying information to third parties except in accordance with our Privacy Policy.
USER SUBMISSIONS AND USER CONTENT
SOCIALCLOSER welcome’s user comments and videos on its blog and the SOCIALCLOSER Website (“User Content”). In exchange for allowing you to publish (“User Content”) on the SOCIALCLOSER Blog, you grant and assign to SOCIALCLOSER a perpetual, transferrable, fully paid, non-exclusive, global license to edit, reproduce, transfer, distribute, create derivative works, publish, perform in all media forms now known or invented in the future your User Content. By submitting User Content to the SOCIALCLOSER Website, you represent and warrant that you either own or control all of the rights to the content submitted, that you previously obtained authorization from the owner of the material to submit the material in your User Content submission, and that you have all necessary authorizations from any person or company mentioned in your User Content to submit such information to the SOCIALCLOSER Site for use in under this Terms of Use. In addition, you agree to indemnify, defend and hold SOCIALCLOSER and its successors and assigns harmless, at SOCIALCLOSER’s option and at your sole expense from and against any damages, losses, costs, or expenses, including attorneys’fees, which SOCIALCLOSER or its successors and assigns may incur as a result of your User Content submission. Users that provide User Content do so voluntarily and subject to the SOCIALCLOSER Privacy Policy.
SOCIALCLOSER has no duty to treat any User Content as confidential. SOCIALCLOSER retains the right to review, edit, or delete from the SOCIALCLOSER Website any User Content that SOCIALCLOSER in its sole discretion considers illegal, offensive, or otherwise inappropriate. Your Submission, including any personally identifiable information, is voluntary and subject to the Privacy Policy. You are responsible for the content of the Submission and agree to defend (at SOCIALCLOSER option and at your sole expense), indemnify and hold SOCIALCLOSER harmless from any damages, losses, costs, or expenses, including attorneys’ fees, which SOCIALCLOSER may incur as a result of your Submission. If you are viewing the SOCIALCLOSER Website on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off the SOCIALCLOSER Website and the computer system you are using to prevent unauthorized Submissions. SOCIALCLOSER retains the right to review, edit, or delete from the SOCIALCLOSER Website any Submission which SOCIALCLOSER in its sole discretion considers illegal, offensive, or otherwise inappropriate.
MODIFICATIONS AND INTERRUPTION TO SERVICE
SOCIALCLOSER reserves the right to modify or discontinue the Service with or without notice to the Member. SOCIALCLOSER shall not be liable to Member or any third party should SOCIALCLOSER exercise its right to modify or discontinue the Service. Member acknowledges and accepts that SOCIALCLOSER does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
SOCIALCLOSER reserves the right to deny or revoke access to the SOCIALCLOSER Website, or any part thereof, at any time in its sole discretion, with or without cause. SOCIALCLOSER endeavors to make the SOCIALCLOSER Website available 24/7/365, SOCIALCLOSER does not make this guarantee and SOCIALCLOSER shall not be liable if, for any reason, the SOCIALCLOSER Website is unavailable.
DISCLAIMER AND LIMITATION OF LIABILITY
THE INFORMATION ON THE SOCIALCLOSER WEBSITE MAY INCLUDE INACCURATE INFORMATION AND SOCIALCLOSER DOES NOT MAKE ANY PROMISES, COVENANTS, REPRESENTATIONS OR WARRANTIES REGARDING THE RESULTS USERS MAY ACHIEVE BY USING THE INFORMATION MADE AVAILABLE, LICENSED AND SOLD ON THE SOCIALCLOSER WEBSITE. ALL INFORMATION AND SERVICES ON THE SOCIALCLOSER WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY CONDITIONS, WARRANTIES OR OTHER TERMS OF ANY KIND, AND SOCIALCLOSER EXCLUDES ALL REPRESENTATIONS, WARRANTIES, INCLUDING WITHOUT LIMITATION, THE CONDITIONS IMPLIED BY LAW OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND THE USE OF REASONABLE CARE AND SKILL, WHICH, BUT FOR THESE TERMS OF USE MIGHT HAVE EFFECT IN RELATION TO THE SITE.
By using the SOCIALCLOSER Website, you agree that, IN ANY CONTROVERSY OR DISPUTE BETWEEN SOCIALCLOSER AND YOU, THE MAXIMUM RECOVERY THAT EITHER PARTY SHALL RECOVER IS LIMITED TO THE AMOUNT YOU PAID TO SOCIALCLOSER. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO YOUR INDEMNITY OBLIGATIONS SET FORTH ABOVE.
SOCIALCLOSER EXCLUDES ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY (INCLUDING WITHOUT LIMITATION, ANY DIRECT INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGE ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION AND WHETHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), CONTRACT OR OTHERWISE) IN CONNECTION WITH THE SITE IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, ANY WEBSITES LINKED TO THE SITE, OR THE MATERIAL ON SUCH WEBSITES, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE SITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THE SITE OR ANY WEBSITE LINKED TO THE SITE.
INCOME DISCLAIMER
SOCIALCLOSER in no way guarantees any level of success or income from the use of any SOCIALCLOSER products or services. Income opportunities depend on an individual’s own efforts, diligence, and skill in creating a total marketing and sales solution around their business. JURISDICTION | EXCLUSIVE VENUW
Access to and use of the SOCIALCLOSER Website and these Terms of Use are governed by United States federal laws and the laws of the State of Colorado. By using the SOCIALCLOSER Website from anywhere in the World, you agree that any legal action arising out of the relationship you have with SOCIALCLOSER , your use of the SOCIALCLOSER Website, User Content or the SOCIALCLOSER Content shall be filed exclusively in the state or federal court located in Douglas County, Colorado, U.S.A., you agree to submit to jurisdiction of such courts, and you agree to the exclusive selection of such courts as the venue for resolving disputes.
GENERAL TERMS AND CONDITIONS
These Terms of Use and the Privacy Policy constitute the entire agreement between the parties relating to the use of the SOCIALCLOSER Website and supersede and replace any prior agreement or communication between you and SOCIALCLOSER . SOCIALCLOSER shall have no liability to you other than pursuant to these express Terms of Use.
If any part of this Terms of and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of any remaining provisions. SOCIALCLOSER can modify or revise these Terms of Use at any time by updating this posting. Your use of the SOCIALCLOSER Website on or after the effective date of any such modification or
update will constitute your acceptance of these Terms of Use as modified and/or updated. These Terms of Use were last revised on August 1, 2018.
DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE.
In operating the Web Site, SOCIALCLOSER may act as a “services provider” (as defined by DMCA) and offer services as online provider of materials and links to third party websites. As a result, third-party materials that SOCIALCLOSER does not own or control may be transmitted, stored, accessed or otherwise made available using the Web Site. SOCIALCLOSER has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Web Site. SOCIALCLOSER has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of SOCIALCLOSER or of a third party, or that has otherwise violated any intellectual property laws or regulations, or these Terms. If you believe any material available via the Web Site infringes a copyright, you should notify SOCIALCLOSER using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). SOCIALCLOSER will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. SOCIALCLOSER designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is StudioHDV, Inc. at 300 E. Miller Court #282, Castle Rock, CO 80104.
Please provide the following notice:
Identify the copyrighted work or other intellectual property that you claim has been infringed; Identify the material on the Web Site that you claim is infringing, with enough detail so that SOCIALCLOSER may locate it on the Web Site;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
Your address, telephone number, and email address; and
Your physical or electronic signature.
SOCIALCLOSER may give notice to its users of any infringement notice by means of a general notice on any of its websites, electronic mail to a user’s e-mail address in its records, or by written communication sent by first-class mail to a user’s physical address in its records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
SOURCED INFORMATION
This site contains sourced information from other sites on the Internet. No warranty whatsoever is made that any of the content is accurate. There is absolutely no assurance that any information from another source is true, correct or precise. The sources and referenced information on this site have not been verified, nor do they constitute any endorsement or guarantee. The information is provided for informational purposes only. It is your responsibility to evaluate the content and usefulness of materials or information obtained from other sites. We do not take any responsibility for inaccurate data or references.
SOCIALCLOSER SERVICE
All dashboards that are part of the SOCIALCLOSER service offered by SOCIALCLOSER include automatic updates. Automatic updates are a service that will provide a greater level of security for every dashboard on the service. Automatic updates may effect the performance of the dashboards, and can cause temporary disruption of service. SOCIALCLOSER is not responsible for disruptions of service.
WHAT ARE THE USER’S RESPONSIBILITIES TO PROTECT THEIR OWN INDIVIDUAL DASHBOARDS?
• UPDATE YOUR PASSWORD – Log into your dashboard and update your admin account’s password to 8+ digits. The best passwords use upper and lower case letters, numbers and special characters (u0026amp;^%$#*, etc.). You can do that via Dashboard > Users > All Users > Edit on your personal admin account.
USER CONTENT:
You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the SOCIALCLOSER services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your dashboards hosted through SOCIALCLOSER’s services. You are solely responsible for any and all User Content and any transactions or other activities conducted on or through your dashboard(s). By posting or distributing User Content on or through SOCIALCLOSER’s services, you represent and warrant to SOCIALCLOSER that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
Solely for purposes of providing the SOCIALCLOSER services, you hereby grant to SOCIALCLOSER a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and your website(s). Except
for the rights expressly granted herein, SOCIALCLOSER does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
SOCIALCLOSER exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through SOCIALCLOSER’s computers, network hubs and points of presence or the Internet. SOCIALCLOSER does not monitor User Content. However, you acknowledge and agree that SOCIALCLOSER may, but is not obligated to, immediately take any corrective action in SOCIALCLOSER’s sole discretion, including without limitation removal of all or a portion of the User Content or your website(s), and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that SOCIALCLOSER shall have no liability due to any corrective action that SOCIALCLOSER may take.
TERMINATION
SOCIALCLOSER may terminate your access to any SOCIALCLOSER services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm SOCIALCLOSER or others or cause SOCIALCLOSER or others to incur liability, as determined by SOCIALCLOSER in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, SOCIALCLOSER shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, SOCIALCLOSER may charge you for all fees due for the services for the remaining portion of the then-current term. UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, THE DASHBOARD, AND OTHER DATA WILL BE DELETED.