Socialite's products and services are provided by Get Socialite Ltd. ("Socialite", "we", "us", or "our"). These Terms of Service ("Terms") govern our users (each user, "you") access to and use of Socialite's website, products and services ("Products" or "Services"). Read the Terms carefully and don't hesitate to contact us if you have any questions. By using our Products you agree to form a binding agreement between you and us.
If you are entering into these Terms of Service on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to all of these Terms and Conditions, which case the Terms "you" or "your" shall to refer to such entity. If you do not have such authority, or if you do not wish to be bound by these Terms of Service, you may not access or use our Products. You hereby agree to the use of electronic communications in order to enter into these Terms of Service, to create other records and to the electronic delivery of notices, policies and records of transactions between you and Socialite with respect to these terms of service.
We may at our sole discretion change, add, or delete portions of these Terms of Service at any time on a going-forward basis. It is your responsibility to check these Terms of Service for changes prior to use of the Site, and in any event your continued use of the Site following the posting of changes to these Terms of Service constitutes your acceptance of any changes. We will notify you of any such material changes by posting notice of the changes through our Products, and/or, in our sole discretion, by email.
You can create an "Account" by following the registration instructions provided within our Mobile Application. If you choose to create an Account, you agree to provide only true, current, accurate, and complete registration information, and you will keep that information true, accurate, and up-to-date. Each registration is for your personal use, or for the use by the company or organisation on whose behalf you access our Products and use of the Service. You are responsible for all activities occurring under Your Account and you may not authorise anyone else's use of your Account. You must abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. You may not sue your Account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation or others.
The Socialite Content made available or displayed on the Mobile Application or sent to you through the Services, and any derivative works thereof, whether made by us or you is proprietary to us or our licensors and should be considered our confidential information. We consider our provision of Socialite Content to be one of the Services we may offer you. You agree at all times to hold in strict confidence and not disclose to any third party the Socialite Content, or any component thereof, except as authorized by these Terms of Service or otherwise approved in writing by us. Subject to these Terms of Service and any Additional Terms, we hereby grant you a limited, non-exclusive, non-transferable license to use, display and reproduce the Socialite Content solely for your internal business use and for no other purpose, provided you limit access to the Socialite Content to only those of your employees or authorized representatives who have a need to know and who have signed confidentiality agreements containing, or are otherwise bound by, confidentiality obligations at least as restrictive as those contained herein. You may not: (a) use the Socialite Content or any part thereof to develop products or technologies similar to the products of Socialite; (b) reproduce, republish, modify or alter the Socialite Content; (c) distribute or sell, rent, lease, license or otherwise make the Socialite Content available to others; or (d) otherwise remove any text, copyright or other proprietary notices contained in the Socialite Content. Any copy of the Socialite Content or portion thereof must include all copyright notices, information, and restrictions contained in, or attached to, any of the Socialite Content, and you must abide by the foregoing notices and restrictions. We reserve the right to refuse to provide you certain Socialite Content. As between you and us, we retain all right, title and interest in and to the Socialite Content, and all related intellectual property rights. We reserve all rights not granted in these Terms of Service. You will immediately notify us in the event of any loss or unauthorized disclosure of any Socialite Content. Upon our written request, or your termination of these Terms of Service, you must promptly delete or destroy all documents and other tangible materials representing any Socialite Content and all copies thereof.
You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Site, Applications or Services ("Our Technology") are: (a) copyrighted by us and/or our licensors under international copyright laws; (b) subject to other intellectual property and proprietary rights and laws; and (c) owned by us or our licensors. Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, and restrictions contained in or attached to any of Our Technology. Nothing in these Terms of Service grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Service according to these Terms of Service. Furthermore, nothing in these Terms of Service will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology. Certain of the names, logos, and other materials displayed on the Site or in the Services constitute trademarks, tradenames, service marks or logos ("Marks") of Socialite or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. Any use of third party software provided in connection with the Site or Services will be governed by such third parties' licenses and not by these Terms of Service.
It is our goal to make access to our Site and Services a good experience for all of our users. You agree not to, and represent and warrant that you will not:
We reserve the right to modify or discontinue the Site or Services with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Site and/or Services. If you object to any such changes, your sole recourse will be to cease access to the Site or Services. Continued access to the Site or Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Site or Services as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the Site and Services at any time, for any reason, in our sole discretion. These Terms of Service will terminate immediately without notice to you if you breach any term or condition herein. You agree that we will not be liable to you or any other party for any termination of your access to the site or services.
In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to Socialite, the Site or the Services (collectively "Feedback"), you agree we may use the Feedback to modify our products and services and that you will not be due any compensation, including any royalty related to the product or service that incorporates your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Service or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.
You expressly agree that your use of the site and/or services is at your sole risk. The site and services are provided by us on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, any warranties of merchantability, fitness for a particular use or purpose, non-infringement, title, operability, condition, quiet enjoyment, value, accuracy of data and system integration. We make no warranty that the site, and/or services will meet your requirements, or that the site and/or services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the site or services, or that defects in the site or services will be corrected. You understand and agree that any content or information downloaded or otherwise obtained through the use of the site or services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer services or loss of data that results from the download of such material and/or information. No content, advice or information, whether oral or written, obtained by you from us through the site, services, or otherwise will create any warranty, representation or guarantee not expressly stated in these terms of service.
You acknowledge and agree that we are only willing to provide access to the site and to provide the services if you agree to certain limitations of our liability to you and to third parties. You understand that to the extent permitted under applicable law, in no event will we or our officers, employees, directors, parents, subsidiaries, affiliates, agents or licensors be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, lost opportunities, or business interruptions or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to your use of or access to, or the inability to use or to access, the site or the services, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute or otherwise. In no event will we be liable to you or any third party in connection with any act or omission of any user of the site. If you are dissatisfied with any portion of this site or the services, your sole and exclusive remedy is to discontinue use of the site and the services. To the maximum extent permitted by law, our total liability to you for all claims arising from or related to the site or the services will be limited, in aggregate, to one hundred pounds sterling (£100.00). 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 and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
Without limiting the foregoing, under no circumstances will we or our licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
You agree to indemnify, defend and hold harmless Socialite, our parents, subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants and agents, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that such parties may incur as a result of or arising from: (a) your use of the Socialite Content, Site, or Services; (b) any of your User Content or your use of others' User Content; (c) your violation of these Terms of Service, (d) your violation of any rights of any other person or entity; or (e) any viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines input by you into the Site or Services.
Content from advertisers and other third parties may be made available to you through the site and/or the services. Because we do not control such content, you agree that we are not responsible for any such content. We do not make any guarantees about the accuracy, currency, suitability, or quality of the information in such content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by other users, advertisers, and other third parties or violation of any third party rights related to such content. The site and services may contain links to websites not operated by us. We are not responsible for the content, products, materials, or practices (including privacy practices) of such websites. You understand that by using the site and/or services you may be exposed to third-party websites that you find offensive, indecent or otherwise objectionable. We make no warranty, representation, endorsement, or guarantee regarding, and accept no responsibility for, the quality, content, nature or reliability of third party websites, products or services accessible by hyperlink or otherwise from the site or services. We provide these links for your convenience only and we do not control such websites. Our inclusion of links to such websites does not imply any endorsement of the materials on such third party websites or any association with their operators. The site and services may contain links to websites that are operated by us but which operate under different terms of service. It is your responsibility to review the privacy policies and terms of service of any other website you visit. You agree that in no event will we be liable to you in connection with any websites, content, products, materials, or practices of any third party. The site and services may contain links to websites that are operated by us but which operate under different terms of service. It is your responsibility to review the privacy policies and terms of service of any other website you visit. You agree that in no event will we be liable to you in connection with any websites, content, products, materials, or practices of any third party.
We can only give you the benefits of our service by conducting business through the Internet, and therefore we need you to consent to our giving you Communications electronically. This Section 12 informs you of your rights when receiving Communications from us electronically. For contractual purposes, you (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications ("Communications") that we provide to you electronically satisfy any legal requirement that such Communications would satisfy if it were in a writing. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. The foregoing does not affect your non-waivable rights. You may also receive a copy of these Terms of Service by accessing this Site. You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. If you withdraw your consent, from that time forward, you must stop using the Site and Services. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email or mailing address so that you continue to receive all Communications without interruption.
You are responsible for compliance with all applicable laws. The Terms of Service is made under and shall be governed by and construed in accordance with the laws of England & Wales. These Terms of Service are personal to you, and you may not transfer, assign or delegate your right and/or duties under these Terms of Service to anyone else and any attempted assignment or delegation is void. You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder. The paragraph headings in these Terms of Service, shown in boldface type, are included only to help make these Terms of Service easier to read and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default. These Terms of Service constitute the complete and exclusive agreement between you and us with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service, or portion thereof, to be unenforceable, that provision of the Terms of Service will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms of Service will continue in full force and effect.
Sections 1, 2 and 5 through 16, as well as any other limitations on liability explicitly set forth herein and our proprietary rights in and to the Site, Socialite Content, User Content, Feedback, Our Technology and the Services, will survive the expiration or termination of these Terms of Service for any reason.
We may give notice to you by email, a posting on the Site, or other reasonable means. You must give notice to us in writing via email to email@example.com or as otherwise expressly provided. Please report any violations of these Terms of Service to firstname.lastname@example.org.
a. You and we hereby agree that any dispute or claim arising from these Terms of Service shall be governed by the laws of the United Kingdom, and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree, as we do, to submit to the exclusive jurisdiction of the courts located in London, England without regard to any conflict of law provisions, and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
b. Nothing in these Terms of Service shall exclude or limit our liability for losses which may not be lawfully excluded or limited by applicable law. We will be responsible for any losses you suffer as a result of us breaching these conditions if the losses were reasonably foreseeable to both you and us when you commenced using our Site and Services. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Site or Services. We do not limit in any way our liability by law for death or personal injury caused from our negligence or breach of duty or caused by our gross negligence or willful misconduct.