PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE. BY USING THIS WEB SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THIS WEB SITE.
By using the http://www.SocialFollow.com web site ("Service"), a service of Studio98, LLC. ("Studio98"), you are agreeing to be bound by the following terms and conditions ("Terms of Service."). The term "You" or "Your" refers to the person accessing or using the Site and Services, or the company or organization on whose behalf that person accesses the Site and Services.
Studio98 reserves the right to change, update and revise the Terms of Service from time to time, at its sole discretion, by posting the most current version of the Terms of Service at http://www.SocialFollow.com/terms-and-conditions.php. BY CONTINUING TO USE THE SERVICE, YOU ARE CONFIRMING YOUR CONSENT AND AGREEMENT TO BE BOUND BY THE MOST RECENT TERMS OF SERVICE.
Social Follow provides online social sharing services that make it easy for You to share your social networking information with website visitors. In order for us to provide You with the Services, You must allow Social Follow to retrieve and access Your social networking accounts, as well as combine retrieve, distribute and access Your Content with our proprietary platform, which may include our sharing, tracking and other capabilities. The basic functions of the Services is to maximize your social network exposure.
The Service is intended for Adult use only. All users must be 13 years or older to access and use the Service. In accordance with the Federal Children's Online Privacy Protection Act of 1998 (COPPA), Studio98 will never knowingly solicit nor will it accept personally identifiable information from users known to be under thirteen (13) years of age.
You will need to create an account with us in order to use the Site and Services. You can create an account by following the registration instructions provided on the Site. If You choose to register, You must provide a name, valid email address and other information necessary to register with the Service and You will keep that information up-to-date if it changes. You agree to provide true and accurate information to register with the Service. You agree not to impersonate any person or entity or a false identity or attempt to manipulate identifiers to mislead or disguise the origin of any information used to access the Services. Studio98 reserves the right to terminate your use of the Services upon the discovery that the information you provided is not complete or accurate.
Each registration is for Your personal use, or for the use of the single company or organization on whose behalf You access the Site and use the Service. Access to the Site and use of the Service is not authorized by any other person or entity using Your registration, and You are responsible for preventing such unauthorized use. You are responsible for all activity and usage of the Service and for all content created on, posted to or accessed under your username and password.
Studio98 is not responsible for maintaining the security of your username and password. It is your responsibility to notify Studio98 if you believe your username or password have been compromised or used in an unauthorized manner. Studio98 assumes no responsibility, liability or obligations for any loss or damage to resulting from your failure to comply with the security of your username and/or password.
You are responsible for complying with all applicable local, state, national and foreign laws relating to your use of the Service including those related to data privacy, international communications and the transmission of technical or personal data. You may not violate any applicable law or regulation; post or transmit any materials that violate any applicable local law.
Studio98 may modify, suspend or discontinue this Service at any time, for any reason, at its sole discretion. Studio98 reserves the right to refuse service to anyone for any reason at any time.
Studio98 claims no ownership, responsibility or intellectual property rights over any of the content or materials you provide to the Service or on your website.
We do not charge a fee to access the Site or the Social Follow Services as these services are supported by advertising. As consideration for using the Services, the Social Follow button, you consent to our placement of such advertising. Studio98 has the sole discretion in its choice and placement of advertising. We may make additional premium or advertising-supported Services available to You from time to time and such additional services may be subject to different terms and fees. We will make such additional terms and/or fees known to You before utilizing any additional Services.
You and we are independent contracts, and nothing in these Terms creates a partnership, employment relationship or agency. There are no third-party beneficiaries of these Terms. You may not assign these Terms, in whole or in part, to any third party without our prior, written consent, and any attempt by You to do so will be invalid. Should any part of these Terms be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of these Terms will not be considered a waiver of the right to enforce such provision. Our rights under these Terms will survive any termination of these Terms. You agree that: (i) the Site, Services and Social Follow Platform shall be deemed solely based in Florida; and (ii) the Site shall be deemed a passive website that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Florida. These Terms will be governed by the laws of Florida and You agree that the state and federal courts located within Florida will have exclusive jurisdiction over any dispute between You and us. However, You agree that we may seek equitable relief in any jurisdiction when appropriate. YOU AND Studio98 AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, SERVICES OR Social Follow PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. These Terms constitute the entire and only agreement between You and us, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings that relate to the subject matter of these Terms.
GENERAL CONDITIONS OF USE
You agree not to use the Social Follow button on any website that will upload, post, email or transmit otherwise any other unsolicited email including "spam" to Studio98, your website visitors or any users of the Service.
You agree not to use the Social Follow button on any website that will upload, post, email or transmit otherwise any material that contains, software viruses, trojan horses, worms, files or programs intended to interrupt, destroy, deface or limit the use, access or functionality of the Service.
You agree not to use the Social Follow button on any website that will upload, post, email or transmit otherwise any material that is illegal, pornographic, abusive or obscene. Studio98, in its sole discretion, may remove the Social Follow button from any website that it determines to be illegal, threatening, pornographic, abusive, obscene or in violation of another party's intellectual property.
You agree not to "reverse engineer," change, modify, hack, make derivative works, exploit, or crack any portion of the Service for the purposes of storing, licensing, sublicensing, selling, reselling, copying, duplicating, reproducing, distributing or making available to any third party.
You agree not "crawl" or "spider" or release any automated software or service to obtain information stored, saved or contained on any web page as part of the Service.
You acknowledge, understand and agree that Studio98 cannot guarantee the security of your data while it is being transmitted over the Internet and through servers that are out of our control. We strive to protect your personal information but Studio98 cannot ensure or warrant the security of any information you transmit to our website or services. Any data transmissions you make over the internet are done so at your own risk. Once we receive the data transmission, we make our best efforts to ensure its security and privacy on our systems.
You are allowed to self host or cache the code for the Social Follow Platform on your website in accordance with these Terms and the stated policies on the Site. In order to self host and/or code cache, you will register on the Site. We will provide you with a URL from which you may load the code. You will not host the code for the Social Follow Platform on a CDN. You will not change, alter or modify the code for the Social Follow Platform in anyway. You will only host the root code - and no other images, style sheets, or subsequent asset load. You will refresh the code on a regular basis (at least once every 24 hours) to allow us to provide updates and bug fixes. You agree that if you self host and/or cache the code for the Social Follow Platform you are not acquiring any ownership rights in or to the Social Follow Platform or any intellectual property rights associated with the Social Follow Platform, the Site or Studio98. If you violate any of the provisions in these Terms or stated policies on the Site regarding self hosting, we may revoke your right to self host and/or cache the code of the Social Follow Platform.
You acknowledge, understand and agree that Studio98 provides the Service to you "As Is" and "As Available" without warranty or condition of any kind, either express or implied, including, but not limited to, the implied warranties of availability, accuracy, reliability, timeliness, security completeness or non-infringement. Studio98 also makes no warranty that the Service will meet the user's requirements.
You agree to defend, indemnify, and hold harmless Studio98, its officers, directors, employees and its agents from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from your use of the Service or your violation of this Terms of Service.
You understand that social networking information that You submit to us is submitted precisely for the purpose of public disclosure in a variety of media and channels, and therefore such information is not subject to any confidentiality obligation. Information You provide to Studio98 during your registration to the Social Follow Services, including, but not limited to, email address, home address, phone, etc., will be given reasonable efforts to maintain the security and integrity by Studio98. However, You acknowledge and agree that Studio98 cannot fully eliminate security risks and cannot guarantee that unauthorized access to Your information will never occur. Studio98 respects the privacy of its users. Please read our Privacy Statement at http://www.studio98.com/privacy, which forms part of these Terms.
Social Follow and other Social Follow graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Studio98 in the U.S. and/or other countries. Social Follow's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Studio98.
You acknowledge and agree that we are only willing to provide access to the Social Follow website and platform, and to provide the services if You agree to certain limitations of our liability to You and to third parties. In no event will Social Follow, Studio98, its parent, affiliates, officers, directors, agents or employees be liable to you or any third party for any indirect damages, including, without limitation, incidental and consequential damages, nor lost profits, arising in connections with the site, services or these terms. These limitations of liability apply regardless of the nature of any claim, whether based on warranty, contract, tort or any other legal or equitable theory, and whether or not Social Follow or Studio98 is advised of the possibility of such damages.
You agree that your sole remedy for any claims arising in connection with these terms is to discontinue using the Services. In the event that a court determines that the preceding sentence is unenforceable, the aggregate liability of Social Follow and or Studio98 to You for all claims arising in connection with these terms will not exceed the greater of (a) all amounts paid by You under these terms within the last twelve months, and (b) twenty dollars (U.S. $20).
You agree to defend, indemnify and hold harmless Social Follow and Studio98, its parent corporation, affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the Site, Services, or Social Follow Platform; (ii) Your violation of any term of these Terms; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that Your Content or Data caused damage to a third party. This defense and indemnification obligation will survive these Terms and Your use of the Social Follow Platform.