GETSOCIAL.COM TERMS OF USE

Last Updated June 11, 2007

The terms and conditions set forth in this terms of use notice (the "Terms of Use") shall govern your visit to and use of the Web sites provided by Get Social, Inc. ("GS," "us," "our," or "we"), including http://www.getsocial.com (collectively, the "Site"), as well as all services related to the Site. By using the Site, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use this Site.

General

We reserve the right to change the terms and conditions of these Terms of Use. We will announce any changes by posting a revised draft of these Terms of Use on the Site. You can determine when these Terms of Use were last revised by referring to the "Last Updated" legend at the top of this page. By continuing to use the Site following such changes, you will be deemed to have agreed to such changes. You agree to review these Terms of Use periodically to be aware of any such changes. Your use of certain services on the Site may be governed by additional rules, which will be available on the Site. By using any service you acknowledge that you have reviewed all rules for the service in question and agree to be bound by them.

We also reserve the right, at any time, to: change or discontinue any content or feature of the Site or any services or products made available through the Site without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we will not be liable for any modification, suspension or discontinuance of the Site or of any service, content, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.

If you have any questions regarding the meaning or application of this Agreement, please direct your questions to bodessa@roadrunner.com.

Community/Share

We welcome you to visit and participate in the "Community" or "Share" section of the Site. Community/Share consists of a Story Share service (or other such features as message boards on the Site, Q&A Hours, and other interactive services we may offer from time to time. We value your participation in Community/Share and ask you to please help us to maintain a friendly, safe and informative environment. Information provided in Community/Share may be provided by our staff, special guest experts, or by contributors and users not connected with us, some of whom may use anonymous screen names. The opinions expressed in the Community/Share are not necessarily those of GET SOCIAL. All statements, advice and opinions provided by Members in Community/Share are those of such Member only, and we neither endorse nor shall we be held responsible for the reliability or accuracy of such postings. We are not responsible for information or materials made available in Community/Share (including errors or omissions in Community/Share postings, content or links and images embedded in Community/Share postings and/or content) or results obtained by using such information or materials. Under no circumstances will we be liable for any loss or damage caused by your reliance on information or materials obtained through the content and/or any postings in Community/Share and/or the Site.

Information, including Personally Identifiable Information (any information which can be used to identify a specific individual, such as a name, postal address, telephone number, or email address), which is posted in Community/Share will be accessible to other Members participating in Community/Share including people you may not know. Making this information available on the Site may result in a Member receiving "spam" or unsolicited e-mail. Members are encouraged to use discretion when communicating with others and/or disclosing Personally Identifiable Information online. In addition, GET SOCIAL has no control over, and shall have no liability for, any damages resulting from, the use or misuse by any third party of information that you voluntarily make public through Community/Share or any other part of the Site. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN COMMUNITY/SHARE, YOU DO SO AT YOUR OWN RISK.

Submissions

Please note that we do not accept unsolicited materials or ideas for use in our publications, other media or businesses. We are not responsible for the similarity of any of our content or programming to any media or materials or ideas transmitted to the Site. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and that you are waiving any claim against GET SOCIAL or our affiliates regarding the use of such materials and ideas, even if a material or an idea is substantially similar to the idea you submitted.

Sweepstakes and Contests

From time to time, we may offer and/or co-sponsor contests, sweepstakes, raffles, promotions and games on the Site. Each of these activities may be governed by specific rules accessible from the pages of the Site offering the promotion, which are separate from these Terms of Use. By participating in any such activities, you will become subject to those rules. GET SOCIAL urges you to read any applicable rules, which will be linked from the particular activity, and to review our Privacy Policy which, in addition to these Terms of Use, governs any information you submit in connection with such activities.

Site Conduct

The Site is intended to be used for lawful purposes only. You may have the opportunity to post, transmit or otherwise make available information, opinions, ideas, images or other content on the Site. We reserve the right to remove any content posted on our site for any reason. Decisions as to whether content violates our standards will be made in our sole discretion after we have actual notice of such posting. Without limiting our rights hereunder, we have attempted to provide guidelines to those posting on our site. When using the Site:


You may not post or transmit any material or content on or through the Site:


  • that violates or infringes in any way upon the rights of others;
  • that solicits, encourages, or promotes the use of illegal substances or activities;
  • which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, invasive of privacy or publicity rights, fraudulent or tortious, vulgar, obscene, bigoted or hateful, intimidating, profane, scandalous, pornographic, indecent or otherwise objectionable;
  • that is protected by copyright, trademark, trade secret or any other proprietary right;
  • that expresses or implies that any statements you make are endorsed by us, without our prior written consent; or
  • that gives rise to civil or criminal liability, encourages conduct that constitutes a criminal offense or otherwise violates any local, state, or federal law. You may not post or transmit on or through the Site:
  • advertising or commercial solicitations;
  • promotional materials relating to other Web site or online services which are competitive with us and/or the Site;
  • software or other materials that contain so-called viruses, worms, time bombs, Trojan horses, or other harmful or disruptive component;
  • political campaign materials; chain letters; mass mailings; spam mail;
  • any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or their contents; or You may not:
  • engage in any activity on the Site that restricts or inhibits any other user from using or enjoying the Site such as "hacking," "cracking," "spoofing," or defacing any portion of the Site;
  • harvest or collect information about Site visitors or Members without their express consent.
  • use the Site to defame, abuse, stalk, threaten or otherwise violate the legal rights of others or for any fraudulent purpose;
  • reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;
  • create a database by systematically downloading and storing Site content;
  • frame or mirror any part of the Site without our prior written consent;
  • interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.

Copyright

Copyright 2007 Baroni Enterprises, Inc. All rights reserved.

This Site and the contents of the Site are intended for your personal use. The Site contains copyrighted material, including, without limitation, text, software, photos, audio and video clips, graphics, illustrations, images, logos, and music and sound (collectively, the "Site Content"). This Site is protected as a collective work pursuant to U.S. copyright laws, international conventions, and other copyright laws. GET SOCIAL and third party content providers also own copyrights in the original content on the Site. You may not modify, distribute, display, reverse engineer, perform, reproduce, create derivative works from or in any way exploit any of the Site Content. Subject to your compliance with these Terms of Use, you may download or copy one copy of the Site Content for your personal, noncommercial use only, provided that you do not change or delete any author attribution, trademark, legend, copyright notice, or other proprietary notices. You agree that you cannot download or copy Site Content for uses other than your personal, noncommercial use without our express prior, written consent. You acknowledge and agree that you do not acquire any ownership rights by downloading copyrighted material. You may not download or copy any product listings, descriptions, or prices, nor may you use any meta tags or any other hidden text utilizing our names or trademarks, without our express written consent.

Trademarks

Get Social are trademarks and/or service marks of GET SOCIAL and/or its subsidiaries. Other marks, graphics, typefaces, trade names and logos appearing on the Site may also be trademarks, service marks or trade dress of GET SOCIAL. All other trademarks appearing on the Site are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any of GET SOCIAL's trademarks, service marks or trade dress, and our trademarks, service marks and trade dress may not be used in any manner for any purpose without our express written consent in each instance.

Copyright Infringement Claims

If you believe in good faith that any material or content posted on the Site constitutes a copyright infringement please forward the following information to the Copyright Agent named below (a "Notice"):


  • Your address, telephone number, and email address;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of the alleged infringing material and of where the alleged infringing material is located;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.


Copyright Agent:
Name: Vanessa Henderson.
Address:
Baroni Enterprises, LLC
3339 Via Verde Court
Calabasas, CA 91302
bodessa@roadrunner.com

License; Submissions

Please note that, because we host Community/Share and other forums on the Site and therefore redistribute materials you give us, we need to obtain certain rights in those materials. You hereby grant to us a royalty-free, worldwide, perpetual, sub-licensable (through multiple tiers), irrevocable, transferable, non-exclusive right to use, reproduce, modify, create derivative works from, distribute, digitally perform, publicly perform and publicly display and otherwise exploit in any manner any content, material and/or your name posted on the Site (collectively, the "Material"), and/or to incorporate it in other works in any form, media or technology now known or later developed, for any purpose whatsoever, commercial or otherwise, without compensation to or prior approval by you. By submitting or sending Material to the Site you represent and warrant that (1) no other party has any rights to the Material or that you have all rights necessary to grant the rights granted hereunder, (2) the Material is not subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we shall not be liable for any use or disclosure of any Material, and (3) your provision of the Material to and through the Site, complies with all applicable laws, rules and regulations. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of the Material that you may have under any applicable law under any legal theory.

Third-Party Content

The Site contains content supplied by parties other than us. Any opinions, advice, judgments, statements, services, offers, or other information or content expressed or made available by such third parties, including information providers, are those of the respective author(s) or distributor(s) and not of GET SOCIAL. Neither GET SOCIAL nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.

Third Party Sites

We may, for your convenience, provide you with links to other Web sites from the Site ("Linked Sites"). You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by the Linked Sites. Links to Linked Sites do not necessarily constitute an endorsement by or association with us of such sites or the content, products, advertising or other materials presented on the Linked Sites. You acknowledge and agree that we do not control and are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on the Linked Sites.

Other web sites may provide links to the Site with or without our authorization. We do not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to the Site, any content, advertising, products or other materials available on such other sites, or any loss or damages incurred in connection with such other sites.

YOU AGREE THAT YOUR USE OF THE LINKED SITES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, PRODUCTS, ADVERTISING OR OTHER MATERIALS AVAILABLE THROUGH SUCH LINKED SITES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

GET SOCIAL shall have the right, at any time and in its sole discretion, to block links to the Site through technological or other means without prior notice.

Purchases and Product Descriptions

If you wish to purchase any product made available through the Site, you may be asked to supply certain information relevant to your purchase, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. Any such information provided through the Site will be treated by GET SOCIAL in accordance with our Privacy Policy. By submitting such information, you grant GET SOCIAL the right to provide such information to third parties for purposes of facilitating the completion of purchases initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any purchases.

While GET SOCIAL and our affiliates attempt to provide accurate information on the Site, we do not guarantee that product descriptions or other content on this Site will be accurate, complete, reliable, current, or error-free. Descriptions and images of, and references to, products on the Site do not imply our or any of our affiliates' endorsement of such products. We reserve the right, with or without prior notice, to change such descriptions, images, and references; to limit the available quantity of any product; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any product. Price and availability of any product offered through the Site are subject to change without notice. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you are responsible for any taxes that may be applicable to your purchases. Your sole remedy for the purchase of any product from GET SOCIAL through the Site is to return it for a full or partial refund as set forth in the shipping contract governing such purchase.

Disclaimer of Warranty; Limitation of Liability

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE RELATED SERVICES ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION UNDER LAW.

YOU SPECIFICALLY ACKNOWLEDGE THAT GET SOCIAL, ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS, SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION EVEN IF GET SOCIAL OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

GET SOCIAL NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT ON THE SITE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OR OBSCENE POSTING MADE ON THE SITE BY ANYONE.

While we try to maintain the integrity and security of the Site and the servers from which the Site is operated, we cannot guarantee its absolute security, completeness or correctness, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with these Terms of Use. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any unauthorized third party alteration to the Site, please contact us at bodessa@roadrunner.com with a description of the material(s) at issue and the URL or location on the Site where such material(s) appear.

Monitoring

We have the right, but not the obligation, to monitor the content and use of the Site, including Community/Share, to determine compliance with these Terms of Use and any other operating rules established by us. We may, in our sole discretion edit, refuse to post or remove any material submitted to or posted on the Site that we find to be in violation of these Terms of Use or otherwise objectionable or stale and disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our sponsors, and our Members and visitors, and to comply with legal obligations or governmental requests.

Indemnification

You agree to defend, indemnify, and hold harmless GET SOCIAL, its affiliates, third party service providers, and their respective directors, officers, employees, owners, licensors and agents from and against all claims, damages, losses, costs and expenses, including reasonable attorneys' fees, arising out of (a) your breach of these Terms of Use; and/or (b) your activities in connection with the Site or any services related to the Site. We may participate in the defense of any claim at our own cost. You shall not settle any claim that affects us without our prior written approval.

Termination

Your only right with respect to any dissatisfaction with (1) these Terms of Use, (2) any policy or practice of ours in operating the Site, or (3) any content available through the Site or any change therein, is to stop visiting and using the Site. We may terminate your use of the Site, including without limitation, your membership in the Site, at any time, in our sole discretion. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that we may immediately deactivate or delete your password and Member name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination.

Equipment

You shall be responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed for access to and use of the Site, and you are responsible for all charges related thereto.

Privacy See the GetSocial.com Privacy Policy

Miscellaneous

These Terms of Use, our Privacy Policy and any operating rules for the Site established by us constitute the entire understanding between you and us with respect to the use of the Site. We control and operate this Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Persons who choose to access and use this Site are also subject to United States export controls and are responsible for any violations of such controls, including without limitation any United States embargoes or other federal rules and regulations restricting exports. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

These Terms of Use shall be construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. You agree to exclusive jurisdiction by the federal and state courts located in New York County, New York State, and waive any jurisdictional, venue or inconvenient forum objections to such courts. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. 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 Site must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any provision of these Terms of Use is found to be unenforceable for any reason, than that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Permissions

If you are interested in reproducing any Site Content, you will need our permission, which we may approve or deny in our sole discretion. Please send your request to:


Address:
Baroni Enterprises, LLC
3339 Via Verde Court
Calabasas, CA 91302
bodessa@roadrunner.com

Information or Complaints

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to members@marthastewart.com. You may also contact us by calling us at 1-800-950-0019 (U.S. and Canada toll-free). California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.