These Terms and Conditions of Service ("Terms") govern our relationship with users and others who interact with GoSocially. By using or accessing GoSocially, you agree to these Terms.
2.Sharing Your Content and Information
You own all of the content and information you post on GoSocially, and you can control how it is shared, through your privacy and application settings. In addition:
1.For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with GoSocially ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
2.When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
3.We always appreciate your feedback or other suggestions about GoSocially, 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).
We do our best to keep GoSocially safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
1.You will not send or otherwise post unauthorized commercial communications (such as spam) on GoSocially.
2.You will not collect users' content or information, or otherwise access GoSocially, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
3.You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on GoSocially.
4.You will not upload viruses or other malicious code.
5.You will not solicit login information or access an account belonging to someone else.
6.You will not bully, intimidate, or harass any user.
7.You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
8.You will not develop or operate a third party application containing, or advertise or otherwise market alcohol-related or other mature content without appropriate age-based restrictions.
9.You will not offer any contest, giveaway, or sweepstakes ("promotion") on GoSocially without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow our Promotions Guidelines and all applicable laws.
10. You will not use GoSocially to do anything unlawful, misleading, malicious, or discriminatory.
11. You will not do anything that could disable, overburden, or impair the proper working of GoSocially, such as a denial of service attack.
12. You will not facilitate or encourage any violations of these Terms.
4.Registration and Account Security
GoSocially users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
1.You will not provide any false personal information on GoSocially, or create an account for anyone other than yourself without permission.
2.You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
3.You will not use GoSocially if you are under 13.
4.You will not use GoSocially if you are a convicted sex offender.
5.You will keep your contact information accurate and up-to-date.
6.You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
7.You will not transfer your account to anyone without first getting our written permission.
8.If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
5.Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
1.You will not post content or take any action on GoSocially that infringes or violates someone else's rights or otherwise violates the law.
2.We can remove any content or information you post on GoSocially if we believe that it violates these Terms.
3.If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
4.If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
5.You will not use our copyrights or trademarks (including GoSocially, the GoSocially Logo) or any confusingly similar marks, without our written permission.
7.You will not post anyone's identification documents or sensitive financial information on GoSocially.
6. Special Provisions Applicable to Pages/Communities
1.Pages are special profiles that may only be used to promote a business or other commercial, political, or charitable organization or endeavor (including non-profit organizations, political campaigns, bands, and celebrities).
2.You may only administer a owned Page if you are an authorized representative of the subject of the Page.
3.Pages can only post content and information under the "everyone" setting.
4.When you publish content or information to your Page we have no obligation to distribute your content or information to users.
5.If you use a Fan Box widget off of our site to promote your Page, others will be able to copy and place the widget elsewhere.
6.You may not place a Fan Box widget in an advertisement.
1.We can make changes to these Terms for legal or administrative reasons upon notice.
If you violate the letter or spirit of these Terms, or otherwise create possible legal exposure for us, we can stop providing all or part of GoSocially to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time by contacting us .
1.You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to these Terms or GoSocially exclusively in a court of law. The laws of the country India will govern these Terms, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts for the purpose of litigating all such claims.
2.If anyone brings a claim against us related to your actions, content or information on GoSocially, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
3.WE TRY TO KEEP MEDIAPLEX UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING MEDIAPLEX "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT MEDIAPLEX WILL BE SAFE OR SECURE. MEDIAPLEX IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR MEDIAPLEX, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR MEDIAPLEX WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, MEDIAPLEX'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
1.By "GoSocially" we mean the features and services we make available, including through (a) our website at www.e-mediaplex.com and any other GoSocially branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; and (c) other media, software (such as a toolbar), devices, or networks now existing or later developed.
2.By "us," "we" and "our" we mean Earth Solutions Pvt. Ltd.
3.By "Platform" we mean a set of APIs and services that enable applications, developers, operators or services, including Connect and RSS feeds, to retrieve data from GoSocially or provide data to us.
4.By "information" we mean facts and other information about you, including actions you take.
5.By "content" we mean anything you post on GoSocially that would not be included in the definition of "information."
6.By "data" we mean content and information that third parties can retrieve from GoSocially or provide to GoSocially through Platform.
7.By "post" we mean post on GoSocially or otherwise make available to us (such as by using an application).
8.By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
9.By "active registered user" we mean a user who has logged into GoSocially at least once in the previous 30 days.
10. By "application" we mean any application or website (including Connect sites) that uses or accesses Platform, as well as anything else that receives data.
1.These Terms make up the entire agreement between the parties regarding GoSocially, and supersedes any prior agreements.
2.If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect.
3.If we fail to enforce any of these Terms, it will not be considered a waiver.
4.Any amendment to or waiver of these Terms must be made in writing and signed by us.
5.You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
6.All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
7.Nothing in these Terms shall prevent us from complying with the law.
8. These Terms do not confer any third party beneficiary rights.