THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 28/08/2019.
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with SocialMing, Inc., dba SocialMing (“SocialMing”), Cyberdune Technologies and our subsidiaries and affiliates, in association with the use of the SocialMing website (the “Site”) , and all related services offered by SocialMing, whether provided through the Site, mobile application, web application, social media, or otherwise (collectively, the “Service”).
By accepting this TOS, you also agree to be bound by the Affiliate Program Terms & Conditions found here and as modified from time to time (“The Affiliate Terms”). The Affiliate Terms are incorporated herein by reference.
Any and all visitors to our site, despite whether they are registered or not, shall be deemed as “users” of the herein contained Services provided for the purpose of this TOS. Once an individual registers for our Services, through the process of creating an account, the user shall then be considered a “member.”
The user and/or member acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of SocialMing. At its discretion, SocialMing may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. SocialMing does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member, acknowledge, accept and agree that SocialMing shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, modified, revised or modified terms, you must stop using the provided Services.
Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such SocialMing shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
To register and become a “member” of the Site, you must be 18 years of age and have the legal capacity enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving SocialMing’s Services under the laws and statutes of India or other applicable jurisdiction. Furthermore, the registering party hereby acknowledges, understands and agrees to:
furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and 1. maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times. If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, SocialMing will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of SocialMing Services, or any portion thereof.
It is SocialMing’s priority to ensure the safety and privacy of all its visitors, users and members, especially that of children. Therefore, it is for this reason that the parents of any child under the age of 13 that permit their child or children access to the SocialMing website platform Services must create a “family” account, which will certify that the individual creating the “family” account is of 18 years of age and as such, the parent or legal guardian of any child or children registered under the “family” account. As the creator of the “family” account, s/he is thereby granting permission for his/her child or children to access the various Services provided, including, but not limited to, message boards, email, and/or instant messaging. It is the parent’s and/or legal guardian’s responsibility to determine whether any of the Services and/or content provided are age-appropriate for his/her child.
You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It shall be your responsibility to notify SocialMing immediately if you notice any unauthorized access or use of your account or password or any other breach of security. SocialMing shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS. You agree to be responsible for all actions arising from your account as a member.
As a member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of SocialMing Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/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 by SocialMing.
Furthermore, you herein agree not to make use of SocialMing’s Services for the purpose of:
SocialMing herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to modify, remove and/or delete any such content that would violate the TOS or which would otherwise be considered offensive to other visitors, users and/or members. If we modify, remove and/or delete content, you may not be able to recover the original content, even if you uploaded it.
SocialMing herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by SocialMing or any other content providers supplying content services to SocialMing. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
It is highly recommended and suggested that you review the privacy policies and statements of any website you choose to use or frequent as a means to better understand the way in which other websites garner, make use of and share information collected.
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of India, United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx).
Furthermore, you state and pledge that you:
SocialMing shall not lay claim to ownership of any content submitted by any visitor, member or user, or make such content available for inclusion on our website Services. SocialMing may use user’s and member’s brand logo for promotional purposes.
SocialMing provides an area/email for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and agree that: your Contributions do not contain any type of confidential or proprietary information; SocialMing shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions; SocialMing shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit; the contributor’s Contributions shall automatically become the sole property of SocialMing; and 1. SocialMing is under no obligation to either compensate or provide any form of reimbursement or credit in any manner or nature.
All users and/or members herein agree to indemnify, defend, and hold harmless SocialMing, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors for any claim, liability, cost, expense, or demand (which may include, but is not limited to, reasonable attorney fees) made by any third party, which may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of SocialMing Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to SocialMing’s sites.
You herein acknowledge that SocialMing may set up any such practices and/or limits regarding the use of our Services, without limitation of the maximum number of days that any email, message posting or any other uploaded content shall be retained by SocialMing, nor the maximum number of email messages that may be sent and/or received by any member, the maximum volume or size of any email message that may be sent from or may be received by an account on our Service, the maximum disk space allowable that shall be allocated on SocialMing’s servers on the member’s behalf, and/or the maximum number of times and/or duration that any member may access our Services in a given period of time. In addition, you also agree that SocialMing has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Services. You also herein acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, SocialMing shall reserve the right to modify, alter and/or update these general practices and limits at our discretion.
Each Shoppable plan includes a limit of 300,000 events or datapoints. This includes impressions, clicks, hits, views, or any pings to the shoppable gallery. We have the right to enforce and block any shoppable gallery if the limit is reached. We can increase the limit for an additional monthly charge. Please reach out to email@example.com for additional information.
SocialMing shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
Some Services and account types are available only on a subscription basis (the “Subscription”). By signing up for a Subscription through SocialMing (whether on the Site, through iTunes, or otherwise), you agree to be billed the then-current amount at the scheduled interval, as indicated upon creation of the Subscription. Subscriptions will automatically renew at the then-current rate unless terminated in accordance with the TERMINATION section of this TOS.
As a member of SocialMing, you may terminate your account (including your Subscription), associated email address and/or access to our Services by submitting a cancellation or termination request to firstname.lastname@example.org . If you created an account through iTunes, you may only cancel your account through iTunes.
IF YOU TERMINATE YOUR ACCOUNT DURING A SUBSCRIPTION, YOU WILL CONTINUE TO BE BILLED FOR THE REMAINDER OF THE SUBSCRIPTION AND WILL HAVE ACCESS TO YOUR ACCOUNT UNTIL THE END OF THE SUBCSCRIPTION PERIOD, UPON WHICH TIME YOUR SUBSCRIPTION AND ACCOUNT ACCESS WILL CEASE.
The terms of any refund policy found on the website or iTunes (to the extent applicable to your iTunes created account) will take precedent over this section.
As a member, you agree that SocialMing may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services at any time and for any reason.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.
The termination of your account with SocialMing shall include any and/or all of the following:
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that SocialMing shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
Either SocialMing or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that SocialMing shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
You do hereby acknowledge and agree that SocialMing’s Services and any essential software that may be used in connection with our Services shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any content, which may be contained in any advertisements or information, presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by SocialMing or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on SocialMing Services (e.g. Content or Software), in whole or part.
SocialMing herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by SocialMing for use in accessing our Services.
Because SocialMing relies on user content to provide great service, you agree to grant to SocialMing an irrevocable, perpetual, worldwide, right to use, display, modify,and distribute any and all content you upload or transmit to or through the Services. SocialMing may use the content in a variety of ways, such as promoting, providing, and improving Services. We may not be able to give users credit or compensation for the content. This license will continue even if you stop using the Services.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
THE USE OF SocialMing SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. SocialMing AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SocialMing AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICESNSORS MAKE NO SUCH WARRANTIES THAT (i) SocialMing SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) SocialMing SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE SocialMing, INC SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAIN BY WAY OF SocialMing SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
NO ADVICE AND/OR INFORMATION, DESPITE WETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM SocialMing OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
YOU EXPLICITY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT SocialMing AND OUR SUBISDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGILBE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LAIBILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
SocialMing may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
You herein acknowledge, understand and agree that all of the SocialMing trademarks, copyright, trade name, service marks, and other SocialMing/Cyberdune Technologies logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of SocialMing and Cyberdune Technologies Pvt. Ltd. You herein agree not to display and/or use in any manner these logo or marks.
SocialMing will always respect the intellectual property of others, and we ask that all of our users to the same. With regards to appropriate circumstances and at its sole discretion, SocialMing may disable and/or terminate the accounts of any user who repeatedly violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
The SocialMing Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows: Email: email@example.com
SocialMing’s SocialSu Influencer Marketing Platform (the “Platform”) allows brands to reach out to a network of influencers by posting campaign jobs. It works like this: Influencers apply straight through the Platform; Brands review Influencers’ qualifications and experience and accept the bid from the most compatible Influencer. Influencer completes the scope of work and submits all the related materials, media, and/or statistics on SocialMing. Brands approve of the work, and, if completed in a satisfactory manner, arrange payment for the Influencer (such payment is done outside of SocialMing).
By using the Platform you agree to the following additional terms. If the below terms contradict the SocialMing Terms of Service Agreement, then the terms in the SocialMing Terms of Service Agreement shall govern. Brands together with influencers shall be referred to as “Users”.
Communication. The Platform allows for Users to direct message each other. Users are prohibited from transmitting any type of confidential and sensitive information such as social security numbers and bank account numbers. Additionally, SocialMing reserves the right to block or remove communications or materials that SocialMing determines to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, other intellectual property right of another or; (d) offensive or otherwise unacceptable to us in our sole discretion.
Original Work. Influencer warranties that all creative materials created and submitted through SocialMing is Influencer’s original work and does not infringe on the intellectual property rights of third parties. Influencer shall indemnify SocialMing against all claims of infringement brought by third parties, including reasonable attorney’s fees and costs.
Work Made for Hire. Influencer and Brand hereby acknowledge and agree that videos, photos, transmissions, creative, graphic, and textual materials created by Influencer will be considered “work made for hire,” within the definition of Section 101 of the Copyright Act of the United States (17 U.S.C. § 101).
FTC Disclosure Compliance. Influencer shall comply with the FTC and other disclosure and use requirements as applicable.
Indemnity. As stated in the SocialMing Terms of Service Agreement.
Limitation of Liability. As stated in the SocialMing Terms of Service Agreement.
Independent Contractor Relationship. The relationship created by these terms is that of an independent contractor and neither Influencer nor SocialMing are joint venturers, partners, employees or agents of each other. Neither party shall bind the other to any agreement without the express written consent of the other.
Completion. Influencer agrees to use their best efforts to complete the campaign once it has been accepted by the Brand.
Payment. Brands have a responsibility to pay out Influencers within 30 days of the campaign end date, provided it has been completed to Brand’s satisfaction.
Entire Agreement. As stated in the SocialMing Terms of Service Agreement.
Choice of Law and Forum. As stated in the SocialMing Terms of Service Agreement.
Waiver and Severability of Terms. As stated in the SocialMing Terms of Service Agreement.
No Right of Survivorship; Non-Transferability. As stated in the SocialMing Terms of Service Agreement.
This TOS constitutes the entire agreement between you and SocialMing and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to SocialMing Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other SocialMing Services, affiliate Services, third-party content or third-party software.
It is at the mutual agreement of both you and SocialMing with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Texas without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and SocialMing, shall be filed within the courts having jurisdiction within the County of Travis, Texas or the U.S. District Court located in said state. You and SocialMing agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
At any time, should SocialMing fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Please report any and all violations of this TOS to SocialMing as follows: Email: firstname.lastname@example.org