TermsWelcome to Social Stock!
The services offered by 512 Rewards, Inc. ("Company" or "us" or "we" or "our") include the websites at http://www.socialstock.com as well as any other related websites, mobile site, mobile application, toolbars, widgets, or other distribution channels we may, from time to time, operate (collectively, "the Sites") and any other features, content, services or applications offered, from time to time, by us (collectively, the "Services").
You represent that you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms of Service. If you are using the Services as a representative of a company or legal entity, (i) you represent that you have the authority to enter into this Agreement on behalf of that company or entity, and (ii) you agree that the terms "you" and "your" in this Agreement refers to your company or legal entity.
Use of and Membership in the Services is void where prohibited. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age and older; and (d) your use of the Services does not violate any applicable law or regulation. Your account and associated profile (if applicable) may be deleted and your Membership may be terminated without warning, if we suspect that you are under 13 years of age.
By becoming a Member you may also be asked to choose a password for your account. You are solely responsible for maintaining the confidentiality of your password, and fully responsible for all activities that occur under your account. You agree not to use the account, username or password of another User at any time or to disclose your password to any third party or do anything else that might jeopardize the security of your account. You agree to notify us immediately of any unauthorized use of your password or account or any breach of security and understand that we reserve the right to take legal actions against individuals who misuse accounts and memberships on the Sites.
Currently, our Services are offered to you free of charge. In the future, you may also have the opportunity to upgrade your account and purchase optional services and additional features as may be made available by us, our affiliates or business partners from time to time.
4. Profile Content Control and User Data
You control the profile contents you create using our Services and we do not claim any ownership rights in any text, files, images, photos, videos, sounds, musical works, comments, recommendations, forums, listings, logos, trademarks, postings, messages, tags, works of authorship, or any other work or authorship added to or submitted with any of the foregoing (collectively, "Content") posted by you or by Visitors of your profile. Therefore, we takes no responsibility for any Content located in your profile and we have no obligation to monitor such Content or your profile. You are therefore responsible for the removal of any such Content that is in violation of these Terms of Service and ensuring compliance with these Terms of Service.
5. Your Obligation to Protect User Data
6. Proprietary Rights to Content
By displaying or publishing ("posting") any Content on or through the Services, you hereby grant to us a limited license to use, modify, publicly perform, publicly display, publish, reproduce, distribute, list information regarding, edit, translate, and make derivative works of such Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use solely in connection with the Services.
Without this license, we would be unable to provide the Services. The license you grant to us is non-exclusive (meaning you are free to license your Content to anyone else in addition to us), fully-paid and royalty-free (meaning that we are not required to pay you for the use on the Services of the Content that you post), transferable and sub-licensable (so that we are able to use our affiliates and subcontractors such as Internet content delivery networks to provide the Services), and worldwide (because the Internet and the Services are global in reach). Unless you have shared your Content with others, and they have not deleted it, this license will terminate at the time you remove your Content from the Services, but you understand and agree that your Content may continue to appear on the Sites after you remove it from the Services as portion of your Content may remain on pages cached by third parties, incorporated into RSS feeds, User profiles or other features, or archived on servers. Furthermore, when you publish any Content or information using the "everyone" or "public" settings, it means that everyone, including people off of the Sites, will have access to that information and we may not have control over what they do with it.
When you post any Content on a profile, you provide the profile owner or creator, or the public in general with permission to view and use your Content.
You represent and warrant that: (i) you own the Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, intellectual property rights, contract rights or any other rights of any third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Services.
If a profile is removed from the Sites, the Content associated with that profile may also be deleted at the discretion of the profile creator or owner or Company. We encourage you to be sure you are comfortable with this possibility before contributing your Content to a profile. You should be aware that we are not required and may not keep back-up copies of Content (including your Content) on the Sites once the Content is deleted. Additionally, we make no guarantee, either during or after the term of this Agreement, that your Content will be safely stored on the Sites and you should independently back-up your Content.
Our Services contain proprietary content that is protected by copyright, trademark, patent, trade secret and other laws in the United States and around the world (the "Company Content"). Company owns and retains all rights in the Company Content and the Services. Company hereby grants you a limited, freely revocable, non-sublicensable license to reproduce and display the Company Content (excluding any software code) solely for your personal use in connection with using the Services. As between you and the Sites, all the intellectual property rights in the Company technology, which does not include your Content, are owned by Company or its licensors.
The Company Services contain Content of Users and other Company licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, archive, transmit, distribute, perform, display, decompile, reverse engineer, attempt to access the source code, create derivative works from, rent or sell any Content appearing on or through the Services without permission of the Content owner.
We always appreciate your feedback or other suggestions you may have about the Services, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
7. Content Posted
Please choose carefully the content you post on any profile and that you provide to other Users. You may not use the Services to post, disseminate or communicate any obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, content communicated by other Users may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and we assume no responsibility or liability for this material. If you become aware of misuse of the Services, please contact us by using this form.
Without assuming any obligation to do so, we may delete any Content or suspend any profile or account associated with it, that in the sole judgment of Company violates this Agreement or that may be offensive or illegal, or violate the rights, harm, or threaten the safety of any person. We assume no responsibility for monitoring the Services for inappropriate Content or conduct. If, at any time, Company chooses, in its sole discretion, to monitor the Services, Company nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
You are solely responsible for the Content that you post on or through any of the Services, and any material or information that you transmit to other Users and for your interactions with other Users. Company does not endorse and has no control over the Content. Content is not necessarily reviewed by Company prior to posting and does not necessarily reflect the opinions or policies of Company. We make no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to, or receive from, other Users.
8. Content/Activity Prohibited
The following is a partial list of the kind of Content and activity that is prohibited on any profile and through the use of the Services. Company reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, with or without prior notice, and without liability if we believe you are in violation of this provision. Company further reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, reporting it to, and cooperating fully with, law enforcement authorities. Prohibited Content and activity includes, but is not limited to, Content or activity that in the sole discretion of Company:
• may constitute or contribute to a crime or tort;
• is illegal, misleading, harmful, malicious, hateful, threatening, bullying, harassing, discriminatory, invasive of personal privacy or publicity rights, humiliating to other people (publicly or otherwise), libelous, pornographic, or that contains nudity or graphic or gratuitous violence;
• communicates any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships, or otherwise infringes or violates someone else’s rights;
• involves sending or otherwise posting unauthorized commercial communication (such as spam);
• engages in unlawful multi-level marketing, such as a pyramid scheme;
• solicits login information or accessing an account belonging to someone else;
• solicits or posts personal identifying information from other Users, or knowingly collects any information from minors under the age of 13;
• makes automated use of the system, such as using scripts, bots, spiders or scrapers, to send messages, log into accounts, or collect Users’ Content or information;
• interferes with, disrupts, impairs or creates an undue burden on the Services or the networks or services connected to the Services;
• attempts to impersonate another person or entity, including, but not limited to, a Member or Company official, to falsely state or otherwise misrepresent your affiliation with a person or entity;
• provides false personal information on the Sites, or creates an account for anyone other than yourself without permission;
• involves selling or otherwise transferring your account without our prior permission;
• creates and maintains a profile that (i) redirects to another web page or (ii) stores or hosts content for remote loading by other web pages;
• uploads viruses or other malicious code;
• uses the Services to hyperlink to content not permitted on the Sites;
• facilitates or encourages any violation of these Terms of Service.
9. Company Marks; Templates
10. User Support
If you have any question with regards to your account, please visit our Support Center for answers to common questions.
11. Beta Services
We may offer certain Services as closed or open beta services ("Beta Services") for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. You will be under no obligation to acquire a subscription to use any Paid Services (defined below) as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you.
12. Copyright Infringement
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). In addition, we will promptly terminate without notice the Membership privileges of those determined by us to be repeat infringers. If you are a copyright owner and you believe that any content hosted on the Sites infringes your copyrights, then you may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing:
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on our Services, such as by providing us the URLs to the content;
• your address, telephone number, and email address;
• a written 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, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The fastest way to reach our Copyright Agent for notices of claims of copyright infringement is by submitting this Automated DMCA form. If you prefer, you can also send a DMCA notice to our Copyright Agent at the following address: 512 Rewards, Inc., Attention: Copyright Agent, [ADDRESS NEEDED].
13. Company Communications
It is our policy to provide notifications, whether such notifications are required by law or are for Service related purposes, to you via email or, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Company in its sole discretion. By providing Company with your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as updates, user communications, newsletters, changes to features of the Service, or Company offers. If you do not want to receive certain email messages, you may opt out by contacting our support team. Opting out may prevent you from receiving valuable messages regarding updates, improvements, offers, or communications from other Users. Company reserves the right to send you notices about your account even if you opt out of all voluntary email notifications.
14. Third Party Content and Interaction; Third Party Sites
You agree to comply with the license and restrictions applicable to each item of Content you post, copy, access, or use. You understand that by using the Sites you may be exposed to Content that is offensive, objectionable, or indecent, and that you use the Sites at your own risk. Content from other Users or third parties is made available to you through the Sites. The inclusion of any such Content on the Sites does not imply our affiliation or endorsement of such Content. Because Company does not control such Content, you agree that Company is not responsible for any such Content, including without limitation, any advertising and information about third-party products or services, or the accuracy, integrity, quality, legality, usefulness, safety or intellectual property rights of any such Content. Your interactions with other Users and third parties on the Sites, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the User or third party as applicable. Like with any web-based interaction, we suggest that you use caution and good judgment. You agree that Company is not responsible for any loss or damage incurred as the result of any such dealings or with respect to any other User's or third party’s use or disclosure of your personal information. If there is a dispute between you and any third party (including any User), Company is under no obligation to become involved. You release the Company, its officers, directors, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to any disputes with other Users and third parties. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." And, if you are not a California resident, you waive any applicable state statutes of a similar effect.
Additionally, Company, Users or third parties may provide hyperlinks on the Sites, or any other form of link or redirection of your connection to other sites ("Third Party Sites"). Links to these Third Party Sites are provided solely for your convenience and in no way does the inclusion of any link on the Sites imply our affiliation or endorsement of the linked site, their business practices (including their privacy policies) or any information therein. Company expressly disclaims responsibility for the accuracy, quality, legality, nature, availability or reliability of Third Party Sites linked to by or through the Sites. ACCESS AND USE OF THIRD PARTY SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SITES OR AVAILABLE THROUGH THIRD PARTY SITES, IS SOLELY AT YOUR OWN RISK.
15. Privacy of Your Information
You agree to indemnify, defend, and hold harmless the Company, its subsidiaries, and affiliates, and their respective officers, agents, or other partners, employees, and third party service providers from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys' fees) arising out of or relating to
• any Content you submit, post, transmit, or make available through the Sites;
• your use or misuse of the Services;
• your connection to the Services;
• your breach or alleged breach of this Agreement; or
• your violation of any rights (including intellectual property rights) of a third party.
Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of the Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
17. Disclaimer of Warranties
YOUR USE OF THE SITES, AND ALL APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT), ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE SITES, AND ALL APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT.
COMPANY AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS DISCLAIM ANY WARRANTY THAT THE SITES, OR ANY APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, OR CONTENT (INCLUDING THIRD PARTY CONTENT) WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES, OR THE SERVER THAT MAKES THE SITES, AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY MAKES NO GUARANTEE REGARDING (A) THE AMOUNT, TIMING AND DELIVERY OF ANY CLICKS OR IMPRESSIONS WITH RESPECT TO ANY CONTENT (INCLUDING THIRD PARTY CONTENT) OR ADVERTISING ON THE SITES; OR (B) THE VOLUME AND QUALITY OF ANY TRAFFIC TO YOUR PROFILE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES, AND ALL APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT), IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, OR THROUGH OR FROM THE SITES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER.
18. Limitation of Liability
YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL COMPANY OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, BE LIABLE TO YOU FOR (A) ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUE, BUSINESS OR PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OR THE INABILITY TO USE THE SERVICES; OR (B) ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR ANY OF OUR GUIDELINES (IN THE AGGREGATE FOR ALL POTENTIAL CLAIMS BY YOU) IN EXCESS OF THE TOTAL AMOUNTS PAID TO COMPANY BY YOU IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE INITIAL NOTICE OF ANY CLAIM.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS AGREEMENT APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
19. Changes to Services
Company reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the Services or any part thereof with or without notice. Company will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
We may amend, modify, change, add or remove portions of this Agreement or any Guidelines at any time without notice to you by posting a revised version on www.socialstock.com or elsewhere on the Sites. The revised version will be effective at the time we post it. Please check this Agreement and any Guidelines periodically for changes. Your continued use of the Services after posting of the changes constitutes your binding acceptance of such changes. We last modified this Agreement on the date stated below. However, if the revised version includes a material change, it will be effective for an existing User on the earlier of (a) the date you accept it, and (b) 30 days after the material changes are initially posted to www.socialstock.com or elsewhere on the Sites. The revised version will apply to you immediately if you are a User who registers or first uses the Sites on or after the posting of the revised version.
21. Term and Termination
This Agreement shall remain in full force and effect unless and until your account is terminated as provided herein. You may terminate your account and end your use of the Sites at any time and for any or no reason. Company has the right (at its sole discretion) for any reason to (i) delete, disable or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Sites or any Services, (ii) remove and discard any Content within any profile or anywhere on the Sites or (iii) shut down a profile, with or without notice, and with no liability of any kind to you.
22. Effects of Terminating
Upon deactivating your account, this Agreement terminates and your access rights to the Sites immediately cease to exist. For Content you wish to delete from the Sites, you can delete it by going to each of the profiles to which you've contributed. Company is not responsible for deleting Content on your behalf and Company will not have any obligation to assist you in migrating your data off of the Sites. Note that, even if Content is deleted from Company's active servers, it may remain in our archives (although we have no obligation to archive or back-up your Content).
The provisions under the following sections will survive termination of this Agreement for any reason: Sections 2, 4-9, 11-25.
24. Law and Arbitration
This Agreement shall be governed by the laws of the State of California without giving effect to any principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state courts and federal courts located within the Santa Clara Country in the State of California for the purpose of litigating all such claims or disputes Any claim or dispute in connection with this Agreement shall be resolved in a cost effective manner through binding non-appearance-based arbitration and has to be initiated within thirty (30) days after it arises, or the cause of action is barred. The arbitration shall be initiated through an established alternative dispute resolution provider mutually agreed upon by the parties. The alternative dispute resolution provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction.
You agree to comply with all policies applicable to the Services, which policies are either posted on the Sites or provided to you by a link in these Terms of Service. In addition, you agree to comply with all applicable laws. The failure of Company to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. Your accounts are non-transferable. The parties are independent contractors with respect to each other. You may not delegate your duties under this Agreement or assign this Agreement, in whole or in part. Company may assign this Agreement in whole or in part in its sole discretion without your consent and without notice. This Agreement, including links to any third party service provider terms and conditions, constitutes the entire agreement between you and Company and governs your use of the Services, superseding any prior agreements (whether written or oral) between you and Company regarding the subject matter hereof. The other Users of the Sites are intended third party beneficiaries of your obligations under this Agreement. A party will not be liable for non-performance or delay in performance (other than of obligations regarding payment of money) caused by any event reasonably beyond the control of such party including, but not limited to wars, hostilities, revolutions, riots, civil commotion, national emergency, epidemics, fire, flood, earthquake, force of nature, explosion, embargo, or any "act of God". Nothing in this Agreement shall prevent us from complying with the law and applicable regulations.
[Last updated: May 19, 2012]