These Terms of Service constitute a legal agreement between you and thesocialmashup.com and The Social Mashup and spell out the terms and conditions to which users of the site are expected to adhere. Please read it carefully before using the Site, because by clicking “I Agree” and/or by using the Site, you agree to be bound by the terms set forth here, as well as (i) the terms of our Privacy Statement and (ii) any supplemental terms of the applicable Site, all of which are hereby incorporated by reference into these Terms of Service (collectively referred to as the “Agreement”). If you do not agree with or do not wish to be bound by all of the terms and conditions of this Agreement, do not use the Site. We reserve the right to amend these Terms of Service at any time and will post the amended Terms of Service here.
The Social Mashup Content and User Submissions
The contents of The Social Mashup Internet service (“the Service”) is intended for the personal, noncommercial use of its users. All materials published on the Site (including, but not limited to articles, photographs, images, illustrations, product descriptions, audio clips and video clips (collectively, the “Content”)) are protected by copyright, trademark and all other applicable intellectual property laws, and are owned or controlled by thesocialmashup.com and/or The Social Mashup or the party credited as the provider of such Content, software or other materials. You shall abide by copyright or other notices, information and restrictions appearing in conjunction with any Content accessed through the Service.
The Service is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. Except as may otherwise be set forth in this Section 1 of these Terms of Service, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials, Site or Service in whole or in part.
Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from the Rights and Permissions Department, or the copyright holder identified in the individual Content’s proprietary rights notices. For the avoidance of doubt, including any Content (in whole or in part) on your personal website, when it is accessible to any other person, is not a personal use and is not permitted.
You agree that any information, feedback, questions, comments and/or submissions to any of the Public Forums (as discussed below) or the like that you provide to us in connection with any Site or our Service (“Submissions”) will be deemed to be provided to us on a non-confidential and non-proprietary basis and will become and remain our property. We shall have no obligations of any kind with respect to any Submissions and shall be free to reproduce, use, disclose and/or distribute any Submissions for any purpose whatsoever, without limitation. You also agree that we shall be free to use any ideas, concepts or techniques embodied in the Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques. In addition, you hereby waive all moral rights you may have in any materials uploaded or sent to us by you.
If you believe that the content of any Submission provided by you, or any Content appearing on a Site, has been used on a Site in a manner that constitutes copyright infringement, please provide us with a written notice (email is sufficient) that includes the following information: an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed identification of the copyrighted work claimed to have been infringed a description of where the material that you claim is infringing is located on the Site, your address, telephone number, and e-mail address 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, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our contact for notice of claims of copyright infringement on this site is:
Access and Availability of Services and Links
The Site may contain links to other related World Wide Web Internet Sites, resources and sponsors of The Social Mashup. Selection of an ad banner or link will redirect you off of The Social Mashup Site to a third party Web site. Interactions that occur between you and the third party are strictly between you and such third party and are not the responsibility of The Social Mashup. We are not responsible for examining or evaluating, and do not warrant the offerings of, any of these businesses or individuals or the content of their Web Site. The Social Mashup does not assume any liability or responsibility for the actions, product, availability or content of these outside resources. You should direct any concerns regarding any external link to the site administrator or Webmaster of the third party Web site.
Representations and Warranties
You represent, warrant and covenant (a) that no materials of any kind submitted by you or The Social Mashup’s use thereof in accordance with the terms and conditions of this Agreement, will (i) violate, plagiarize or infringe upon the rights of any third party, including, without limitation, copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; (ii) contain unlawful material; (iii) constitute false or misleading indications of origin or statements of fact; (iv) slander, libel or defame any person or entity; or (v) cause injury of any kind to any person or entity; or (vi) violate any applicable laws, rules, regulations or other governmental regulations; and (b) that you are at least 18 years old or the applicable age of majority in your jurisdiction and possess the legal authority to enter into this Agreement, as well as contracts for the purchase of the goods offered on the Store. You hereby indemnify, defend and hold The Social Mashup and its officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Service or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys’ fees. You shall cooperate as fully as reasonably required in the defense of any claim. The Social Mashup reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement which affects the rights of The Social Mashup without The Social Mashup’s prior written approval.
The Social Mashup neither represents nor endorses the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded, or distributed through the Site or the Service by any user, information provider or any other person or entity. THE SITE, THE SERVICE AND ANY MATERIALS PROVIDED BY The Social Mashup OR THIRD PARTIES THROUGH ANY OF THE SITE AND THE SERVICES ARE PROVIDED “AS IS.” The Social Mashup MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY, TIMELINESS OR USEFULNESS OF ANY MATERIALS PROVIDED THROUGH ANY OF THE SITE OR THE SERVICE. The Social Mashup DOES NOT GUARANTEE THAT YOUR ACCESS TO OR USE OF ANY OF THE SITE OR THE SERVICES AVAILABLE THEREON WILL BE CONTINUOUS, UNINTERRUPTED, ERROR-FREE OR SECURE AND MAKES NO WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE.
You hereby acknowledge that the use of the Site and the Services available thereon is at your sole risk.
Limitation of Liability
NEITHER The Social Mashup NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE OR THE SERVICE SHALL BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF, OR INABILITY TO USE, ANY OF THE SITE, THE SERVICES THEREON, OR ANY OF THE MATERIALS PROVIDED BY The Social Mashup OR THIRD PARTIES THROUGH ANY OF THE SITE OR THE SERVICES THEREON, OR ANY DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE SERVICE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF The Social Mashup HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions shall only apply to the extent permissible under applicable law.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, The Social Mashup AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO ONE HUNDRED U.S. DOLLARS ($100).
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction conducted on such Site. You may not take any action, which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password with any third parties or use your password for any unauthorized service.
The Social Mashup may, in its sole discretion, terminate or suspend your access or refuse service at any time, without notice, to all or part of the Site or Service for any or no reason, including, without limitation, breach of these Terms of Service or the repeated infringement of copyrights owned by third parties.
The Social Mashup, including, without limitation, its authorized agents and employees may terminate your use of the Site without notice in the event that you breach any obligation in these Terms of Service, including but not limited to, (i) restricting, inhibiting or disrupting The Social Mashup or (ii) attempting to alter or improperly access any feature or function of the Site. Your access may also be subject to termination if you post or transmit any illegal content; harass or threaten any user of the Site or any The Social Mashup employee; post content (including, but not limited to, the creation of a username) that is offensive or otherwise disruptive of Site activities; post unsolicited advertising; or improperly impersonate a The Social Mashup employee or other individual.
These Terms of Service, the Privacy Statement and any other terms referenced in this Agreement constitute the entire agreement between you and The Social Mashup with respect to your access and use of the Site and Services and supersede all prior or contemporaneous agreements (whether oral, written or electronic) between you and The Social Mashup with respect to the Site or Services. If any of the provisions of this Agreement are determined to be invalid or unenforceable, then each invalid or enforceable provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. The Social Mashup may assign these Terms of Service (i) to any of its affiliates, (ii) to the surviving entity in the event of a merger, acquisition, or the sale of all or substantially all of the assets of The Social Mashup or (iii) in connection with the sale of the Site or the business unit associated with the Site.
Updated January 2018