The website located at www.socialiner.com (hereinafter referred to as the “Site”) is a copyrighted protected work belonging to SociaLiner LLC, a California limited liability company (hereinafter referred to as “SociaLiner”, “us”, or “we”). Additional features and services may be available through our website (the “Services”), such as creating an account, paying for a subscription, downloading a mobile application, the ability to create and share social media posts, and to draft and share comments, among others.
SociaLiner is designed and supported for personal and business use. You may not use SociaLiner to break the law, violate an individual's privacy, or infringe any person or entity’s intellectual property or any other proprietary rights. If you violate any of the provisions of these Terms, then we may choose to suspend your access to SociaLiner and/or remove any of your User Content from SociaLiner.
Please review each of the sections below, as continued use of our Site is an express consent to these Terms and all the provisions herein.
SociaLiner provides a social content management system that streamlines the workflow for managing social posts, approvals, distribution, reporting and safe keeping of credentials. Users may comprise web-surfers who just wish to browse through SociaLiner’s website; registered users (collectively “Users”) who can utilize all the Services that require registration of an account ("Your Account"), or they may be administrators that have management rights over their Agency’s Users accounts (“Admins”) (Collectively “You”). Admins are also considered Users for the purposes of these Terms and must adhere to all provisions herein for Users. Registration of Your Account require a username, password, Email address, and certain information about yourself and your company as prompted by the Site’s registration form. You are solely responsible for the information associated with Your Account and anything that happens related to Your Account. Each account must be associated with a company or agency (“Agency”) and each Agency must have one Admin account and may have multiple Admin and User accounts.
You represent and warrant that all required registration information you submit is truthful and accurate, and that you will maintain the accuracy of such information. You may deactivate Your Account at any time, for any reason, through the Site’s user account options or by contacting SociaLiner. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify SociaLiner of any unauthorized use, or suspected unauthorized use of Your Account or any other breach of security. SociaLiner cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. Unless specifically provided otherwise, SociaLiner does not store your credentials, except for accounts utilizing WordPress, in which case SociaLiner stores the credentials using industry-standard encryption.
2. SociaLiner’s Content.
(a) SociaLiner Content may contain graphics, text, photographs, images, video, audio, software, code, website compilation, website "look and feel," and advertisements supplied by us or our licensors, which we call "SociaLiner Content." SociaLiner Content is protected by intellectual property laws including copyright and other proprietary rights of the United States and foreign countries.
(b) “User Content” means any and all information and content that a User submits to, or uses with, the Site or Services. User Content can include all social media content, comments, posts, and other contributions by the Users. You are solely responsible for your User Content. You assume all risks associated with use of User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by SociaLiner. Because you alone are responsible for your User Content (and not SociaLiner), you may expose yourself to liability if your User Content violates applicable rules and regulations, including these Terms or the Terms of the Third Party site on which your content is posted. We reserve the right (but have no obligation) to review or investigate any User Content and/or take appropriate action against you in our sole discretion (including removing your User Content (if applicable) and/or terminating your Account) if you violate any provisions of these Terms; if your User Content: contains any nudity or other sexually suggestive content, hate speech, credible threats or direct attacks on an individual or group, excessive profanity or violence, can be considered spam; and/or otherwise in the sole discretion of SociaLiner at any time and for any reason. SociaLiner is not obligated to remove any User Content from the Site unless required by applicable Law. SociaLiner may, but is not obligated to, backup any User Accounts and User Content. You are solely responsible for creating backup copies of your User Content if you desire. You retain the rights to your copyrighted content or information that you submit to or through SociaLiner except as described below.
(c) You agree that you have the right to submit anything you post, and that your User Content does not violate the copyright, trademark, trade secret or any other personal or proprietary right of any other party. We take no responsibility for, we do not expressly or implicitly endorse, and we do not assume any liability for any User Content submitted by you to or through SociaLiner.
(d) You hereby grant, and you represent and warrant that you have the right to grant, to SociaLiner an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license for all the duration of the intellectual property rights to reproduce, distribute, publicly display, prepare derivative works of, and otherwise use your User Content, for the purposes of including your User Content in the Site and Services, for use by SociaLiner in news and for SociaLiner’s promotional purposes.
(e) We grant you the right to access SociaLiner Content in the manner described in these Terms. You may not otherwise make unauthorized commercial use of, reproduce, prepare derivative works, distribute copies, or publicly display SociaLiner content, except as permitted by law (such as under the doctrine of fair use) or as authorized in writing by SociaLiner. Revisions to your User profile can be made through the Site’s user profile page or by contacting SociaLiner.
(f) You agree not to interrupt the services of SociaLiner, introduce malicious code onto SociaLiner, make it difficult for anyone else to use SociaLiner due to your actions, attempt to artificially manipulate portions of SociaLiner’s systems, or assist others in misusing SociaLiner in any way.
(g) SociaLiner is not responsible for Content pulled from other sources, such as the aggregated content and dynamic content provided as part of the Social Media Aggregator feature, and all such Content is displayed as-is without any warranties or guarantees as to performance or content. SociaLiner advises all Admins to utilize the “active” moderation mode for the SociaLiner feed, as content can be reviewed, approved and otherwise controlled before being displayed. The passive moderation mode is utilized at Your own risk, as undesirable content could be displayed with no ability to control it until after it has been displayed.
3. Important Disclaimers, Liability Limitations and Release.
(a) The SociaLiner Content, Site and Services, or any other products or services provided by Users and each of the foregoing, are provided “AS-IS” and “AS AVAILABLE” and we expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement.
(b) You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and release each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage) that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions or transactions of you with our Site and Services, or act or omission of you in relation to other Users and Third Party Sites Ads.
(c) In no event shall we be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these Terms or your use of, or inability to use, the Site or Services, even if we have been advised of the possibility of such damages. Access to, and use of, the Site and Services are at your own discretion and risk, and you will be solely responsible for any damages, including to your computer system or loss of data resulting therefrom.
(a) Subject to the provisions of these Terms, SociaLiner grants you a non-transferable, non-exclusive license to use the Site and Services for your personal or business purposes. The SociaLiner name, logo and website are protected by all applicable trademark and copyright laws, whether through registration or common law.
(b) The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, customize, or otherwise commercially exploit the Site, Services, or Your Account; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) you shall not access the Site or Services in order to build or promote a similar or competitive service; and (d) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of these Terms. All copyright and other proprietary notices on any Site or Services content must be retained on all copies thereof. SociaLiner reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice. You agree that SociaLiner will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof. You acknowledge and agree that SociaLiner will have no obligation to provide you with any support or maintenance in connection with the Site or Services.
(c) Subject to the provisions in section 2 above, each Agency owns the User Content for themselves and their Users. Excluding your User Content, you acknowledge that all the Intellectual Property Rights (“IPR” which means all trade secrets, copyrights, trademarks, mask work rights, patents and other intellectual property rights recognized by the laws of any country) in the Site and Services are owned by SociaLiner or SociaLiner’ licensors. The provision of the Site and Services does not transfer to you or any third party any rights, title or interest in or to such IPR unless specified by a separate written agreement. SociaLiner reserves all rights not granted in these Terms.
(d) While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control, Site access may be interrupted, suspended or terminated. You further understand that there may be interruptions in service or events on third-party sites, including, but not limited to, Facebook, Twitter, etc., that will affect your use of the Service and that are beyond our control to prevent or correct. Interruptions in the Service that are beyond our control shall not serve as a basis to terminate your subscription or demand a full or partial refund of any prepaid fees.
5. Billing and Payments
(a) SociaLiner may offer free trial accounts where you may use the Services free of charge for a specified time period. Upon expiration of this time period, your access to the Services will be terminated unless you choose to pay the applicable subscription fee and become a paid User. You understand that only a single free trial account will be granted for a given email address. The provision, maintenance and termination of Free Trial accounts are within the sole discretion of SociaLiner. SociaLiner has no obligation or liability related to the provision, maintenance and termination of Free Trial accounts.
(b) Unless otherwise agreed to in writing by SociaLiner, the Services are made available on a pay-as-you-go basis and are charged at the start of Your elected subscription term (generally in three month, six month or annual plans). If You do not provide Your credit card or other payment information to SociaLiner before the expiration of any applicable free trial period, Your account will be suspended until payment information and charge authorization are provided. You will be promptly billed and, if applicable, any trial period will terminate. We will notify you when your paid subscription is expiring, and you must let us know that you are renewing and pay for such renewal in order to extend the subscription. In the future, we may allow automatic renewals, in which case unless You cancel Your subscription prior to the expiration of its current subscription term, We will automatically renew Your subscription for the same time period as Your plan’s current subscription length and will charge Your credit card with the applicable renewal subscription fees. Subscriptions must be cancelled at least 15 days prior to expiration thereof to avoid additional charges or automatic renewal. You may cancel your subscription by contacting SociaLiner.
(c) Each Agency requires a paid subscription to the Services. Each paid Agency must then add at least one Admin. There is no limit to the number of Users and additional Admins that can be created for each Agency. There are no refunds or credits for partial months of Service, or refunds for unused time if You close Your account before the end of Your subscription period. Cancelling Your plan level may cause the loss of content, features, or capacity of Your account and SociaLiner does not accept any liability for such losses.
(d) By becoming a subscriber of the Services and submitting your credit card information to SociaLiner, you authorize SociaLiner to store your payment card information and to charge the billing source you have provided for your account according to the subscription plan you selected until your account is terminated.
(e) If You fail to pay your subscription fee on time, or if Your credit card payment information is entered in error or does not go through for processing and You do not update payment information upon our request, your entire subscription may be suspended or cancelled. Even after your subscription is suspended or cancelled, You will still have access to the Site, and you will be able to access your account information to restore your access to the Service by providing a proper billing source. After your subscription is terminated, we will keep your current account settings on file for 90 days. After that time, SociaLiner reserves the right to remove such settings from our servers with no liability or further notice to you.
(g) Unless otherwise stated, Our prices do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). You are responsible for paying Taxes except those assessable against SociaLiner based on its income. We will invoice You for such Taxes if we believe we have a legal obligation to do so.
You agree to indemnify and hold SociaLiner (and its officers, employees, and agents) harmless, including reasonable costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Site or Services; (ii) your User Content as defined above; (iii) your interaction with any other User; or (iv) your violation of these Terms or any applicable laws. SociaLiner 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 SociaLiner. SociaLiner will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
7. Third Party Sites Ads.
The Site might contain links to third party websites, services, and advertisements for third parties (collectively, “Third Party Sites Ads”). Such Third Party Sites Ads are not under the control of SociaLiner and SociaLiner is not responsible for any Third Party Sites Ads. SociaLiner provides these Third Party Sites Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites Ads. You use all Third Party Sites Ads at your own risk. When you link to a Third Party Site Ad, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites Ads. Our Services may contain features that enable various Third Party services (such as social media services like Facebook and Twitter) to be directly integrated into your SociaLiner account. To take advantage of these features, You will be required to register for or log into such Third Party Services on their respective websites. By enabling Third Party services within our Services, You are allowing SociaLiner to access your social media pages and account information, and to securely store and pass Your log-in information to these Third-party Services for this specific purpose. From time to time, the third party Site or it’s integration features may be down, inaccessible, or changed to be incompatible. Please let us know if the problem is not remedied by itself after one hour. SociaLiner will not be held responsible or liable for any issues, damages or other problems that occur due to Third Party Site integration and/or technical problems as stated herein. If Your content cannot be published automatically or immediately through use of the SociaLiner Services, it is your responsibility to directly access the Third Party Site to publish the content Yourself until the SociaLiner Services are functioning.
8. Term and Termination.
Subject to this Section, these Terms will remain in full force and effect while you use the Site or Services. We may (a) suspend your rights to use the Site and/or Services (including Your Account) or (b) terminate these Terms, at any time for a legitimate purpose, including for any use of the Site or Services in violation of these Terms. Upon termination of these Terms, your Account and right to access and use the Site and Services will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated therewith from our live databases. However we reserve the right to continue to use your User Content to the extent permitted under applicable law. SociaLiner will not have any liability whatsoever to you for any termination of these Terms, including for termination of Your Account or deletion of your User Content. Even after these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2, 3, 5, 8 and 9.
9. Digital Millennium Copyright Act.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. If you believe in good faith that content or material on this website infringes a copyright owned by you, you (or your agent) may send SociaLiner’s DMCA agent a notice requesting that the material be removed, or access to it blocked. This request should be sent to: firstname.lastname@example.org.
The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the website should be sent to the address above.
We want you to enjoy SociaLiner, so if you have an issue or dispute, you agree to raise it and try to resolve it with us informally. You can contact us with feedback and concerns by emailing us at email@example.com.
If there is a dispute between you and any User, we are under no obligation to become involved. Any claim or dispute between you and us arising out of or relating to these Terms, in whole or in part, shall be governed by the laws of the State of California without respect to its conflict of laws provisions. We agree and you agree to submit to the personal jurisdiction and venue of the state and federal court located in Los Angeles County, California.
These Terms were revised as of January 17, 2017 and are subject to occasional revision. If we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Site. Continued use of our Site or Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
These Terms constitute the entire agreement between you and us regarding the use of the Site and Services. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word including means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without SociaLiner’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Copyright © 2016, SociaLiner, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.