TERMS OF SERVICE
1. ACCEPTANCE OF TERMS This is Social Media in Business (SMiB) acceptable use policy. http://socialmediainbusiness.co.uk (SMiB) provides the service to you (“you” or the “user”), subject to the following Terms of Service (“TOS”). Anyone who registers for, or uses or accesses, the SMiB service shall be governed by the policies set forth in this TOS (as amended).
2. DESCRIPTION OF SERVICE A. The SMiB service provides users with the ability to upload content such as text, pictures and other media to their current web log (“blog” or "profile" "forum" "page" et all ) site and/or forums at any time. B. SMiB hosts the user’s media as part of the SMiB service and serves it to the user’s blog site and/or other SMiB networks along with making rss feeds available worldwide containing that media. C. The user is responsible for and must provide all telephone, computer, hardware, software or other connection equipment or services necessary to access the SMiB service.
3. MODIFICATIONS TO TERMS OF SERVICE Audana Ltd may update or change this TOS from time to time in its sole discretion, without notice to you, by posting the amended terms on this website, and any such amendment will be effective thirty (30) days after it is initially posted. You can review the most current version of the TOS at any time at: http://socialmediainbusiness.co.uk/tos
4. AGE The user certifies that he or she is at least 13 years of age and can form legally binding contracts under applicable law, or that the user’s parent or legal guardian will act as the "user" in terms of this contract and usage of the SMiB service.
5. SUBSCRIPTION A. As of January 1, 2009 SMiB is provided to users for free of charge (this may change at any time)
6. THIRD-PARTY CONTENT; USER CONDUCT You understand that all information, data, text, software, music, sound, messages or other materials, whether publicly posted or privately transmitted, on the websites or the SMiB service, and/or links to sites or resources off of the websites, are the sole responsibility of the person from which such material originated, including without limitation, the users of the SMiB service, advertisers and sponsors, or other third party content providers. This means that the originator of such materials and not SMiB are entirely responsible for all content that is uploaded, posted and otherwise transmitted via the SMiB service or otherwise on the websites or SMiB servers. SMiB does not control or endorse the content posted via the service and as such does not guarantee the accuracy, integrity or quality of such content. You understand that by using the SMiB service and/or the websites you may be exposed to content that is offensive, indecent or objectionable. SMiB wants you to use the SMiB service for the greater good of the society and to promote positive change and to community build. SMiB will not support hate or discrimination in any form. You agree to not use the service and/or the websites to:
A. upload, post or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, vulgar, obscene, invasive of another’s property, hateful, racially or ethnically discriminating, or misogynistic, or objectionable;
B. harm minors in any way;
C. impersonate any person or entity, including but not limited to a SMiB official, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity;
D. upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements;
E. upload, post or otherwise transmit any content or material that infringes any patent, trademark, trade secret, copyright or other propriety rights of any party;
F. upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
G. interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service;
H. intentionally or unintentionally violate any applicable local, state, federal, or international laws, statutes, ordinances, regulations or treaties;
I. intentionally or unintentionally violate any regulations promulgated by any national or other securities exchange, or any regulations having the same force of law;
J. stalk or otherwise harass another person or persons;
K. collect or store personal data about other users; or L. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to providing instructions on how to assemble bombs, grenades, poisons, or other weapons.
7. LAWFUL PURPOSE -- It is so important we want to emphasize: I. Users may only use SMiB service for lawful purposes. II. The user agrees to not have any content uploaded that advocates, sells or in any way makes available anything illegal. III. Any complaint we receive about a violation of this will be taken very seriously and can result in immediate account cancellation without a refund.
8. CONTENT SUBMITTED USING SMiB; SERVICE INTERRUPTION SMiB does not claim ownership of the content you place using the SMiB service; SMiB may provide a link for others to access your content and/or to your blog site to the extent that it is already made public in order to promote your SMiB posting and/or the SMiB service or otherwise in connection with its promotional, advertising or sponsorship efforts, and you hereby grant SMiB a royalty-free license to use such materials and affirm that you have all necessary rights in such materials to grant this license. SMiB reserves the right to include advertising, sponsorship, and/or promotional materials as part of its SMiB service. You acknowledge that SMiB does not pre-screen content, but that SMiB and its designees shall have the right but not obligation in their sole discretion to refuse or remove any content that is available via the service. Without limiting the foregoing, SMiB and its designees shall have the right to remove any content that violates this TOS or is otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness or usefulness of such content. You acknowledge that accessing the service, creating SMiB media and broadcasting your media to your Profile may involve various networks and communication and connection devices, some of which are not in SMiB’s control. SMiB assumes no responsibility for the failure of its or any other network and/or communication and connection devices to access or supply the service at any time, and SMiB will not be responsible for any deletion, failure to connect or other transmission or storage failure in connection with the service.
9. INDEMNITY You agree to indemnify and hold SMiB and its members, subsidiaries, affiliates, officers, co-branders, partners, employees or other agents harmless from any claims, demands, liabilities, losses, expenses or damages, including attorney’s fees, made by anyone in connection with or arising out of your content, your use of the SMiB service and/or the websites, your connection to the service, a breach of the TOS or your violation of any rights of any other user.
10. NON-COMMERCIAL USE; NO RESALE OF SERVICE The SMiB services and the websites are for personal and also commercial use. You agree not to reproduce, duplicate, copy, modify, distribute, display, license, transfer, sell, resell, exploit or create derivative works from any portion of the SMiB service, the websites or any content or service accessible thereby.
11. MODIFICATION OR TERMINATION OF SERVICE SMiB reserves the right at any time and from time to time in its sole discretion to modify, suspend or discontinue, temporarily or permanently, the SMiB service, the websites or any content or service accessible thereby, in whole or in part with or without notice. You agree that SMiB shall not be liable to you or any third party, for any modification, suspension or discontinuance of the SMiB service, the websites or any content or service accessible thereby. You agree that SMiB may, in its sole discretion without notice to you, terminate your account, password access, content or other media, or use of service and remove or discard any content or media within the service for any reason at any time including, without limitation, misuse or if SMiB reasonably believes that you have violated or acted inconsistently with the letter or spirit of this TOS. You agree that any termination of your access to the service under any provision of this TOS may be effected without prior notice, and you acknowledge and agree that SMiB may immediately deactivate or delete your content or other SMiB media and all related information and files in your account and/or bar any further access to such files or the service. Further, you agree that SMiB shall not be liable to you or any third party for any termination of your access to the service if such termination is reasonably justified, as determined by SMiB in its sole discretion.
12. PROPRIETARY RIGHTS OF SMiB AND OTHERS; AGENT You acknowledge and agree that the SMiB service, the websites and any software, content or other intellectual property used in connection with the SMiB service and the websites contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you by third parties through the SMiB service or the websites may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the applicable holders of such proprietary rights, you agree not to modify, rent, lease, loan, sell, distribute, copy, duplicate or create derivative works based on the intellectual property of such holders or based on the SMiB service, the websites or any service or content or other material accessible therein. SMiB respects the copyrights and other intellectual property of others and we expect all SMiB users to do the same. If you believe that your work has been copied in any way that constitutes infringement on your copyright or other intellectual property rights, please contact SMiB’s agent for notice of infringement: AUdana Ltd Social Media in Business (SMiB) Kingshott Business Centre 84 Station Road Marlow Buckinghamshire United Kingdom SL7 1NX
13. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT;
A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. SMiB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
B. SMiB MAKES NO WARRANTY THAT (I) THE SERVICE AND/OR THE WEBSITES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE AND/OR THE WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE AND/OR THE WEBSITES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE AND/OR THE WEBSITES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE AND/OR THE WEBSITES WILL BE CORRECTED.
C. ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICE AND/OR THE WEBSITES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND/OR PHONE OR LOSS OF DATA THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.
D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SMiB OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
14. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT SMiB SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF SMiB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, HOWEVER ARISING, INCLUDING NEGLIGENCE. SMiB’S LIABITILITY, AND THAT OF ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND OTHER AGENTS IS LIMITED TO THE AMOUNT OF FEES YOU PAID TO USE THE SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
15. EXCLUSIONS AND LIMITATIONS Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
16. NOTICES Notices to you (some of which are non-optional) may be made via either email or regular mail and/or sms text messages, according to the user information provided in your account registration. The service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the websites.
17. GENERAL INFORMATION The TOS constitutes the entire agreement between you and SMiB and governs your use of the SMiB service and the websites, superceding any prior agreements between you and SMiB. The TOS and the relationship between you and SMiB shall be governed by the laws of the United Kingdom without regard to its conflict of law provisions. You and SMiB agree to submit to the personal and exclusive jurisdiction of the courts located within the United Kingdom. The failure of SMiB to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the 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 agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service, the websites or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any conflicts that cannot be settled informally between you and SMiB must first go through arbitration to try to resolve any differences, such arbitration shall be binding and in accordance with the commercial arbitration rules of the United Kingdom. The section titles in the TOS are for convenience only and have no legal or contractual effect.
