SOCIAL BEAUTIFY, LLC
TERMS OF SERVICE: The terms and conditions below (the “Terms of Service”) govern your access to and use of Social Beautify’s services and associated content. The Terms of Service constitute a legal agreement between you and Social Beautify, LLC (“SB”). By clicking “I have read, understood and agree with the terms above” on the Place Order Now page of your Sales Order, you agree to these Terms of Service. Do not access or use our Services or the Site if you are unwilling or unable to be bound by these Terms of Service.
“you,” “your” and “Company” refer to your business listed on the Sales Order and you individually in your official capacity at said business, as a subscriber or user of our Services and/or Site;
“we,” “us,” and “our” refer to Social Beautify, LLC, a California limited liability company;
“Services” means our social media management services, search engine optimization (SEO) services, branding services, reputation management services, website design services, and/or access to Our Content library;
“Sales Order” means the quote sent to Company and accepted by Company for ordering the Services. The Sales Order sets forth the subscription price of the Services purchased by Company;
“Site” means our website, socialbeautify.com, and any user login sections and/or Content libraries related thereto;
“Content” means text, images, graphics, designs, photos, articles, audio, video, and all other forms of data or communication;
“Your Content” means Content that you submit to us;
“Our Content” means Content that we create, and/or are authorized to share and submit on your behalf, exclusive of third-party Content and/or publicly available Content.
Representations and Warranties: You represent and warrant that you (a) are not a competitor of SB; and (b) have full power and authority to enter into these Terms of Service on your behalf and on the behalf of the Company and in doing so will not violate any other agreement to which you are a party.
Changes to the Terms of Service: We may modify these Terms of Service from time to time. When changes are made, we will notify you by making the revised version available at http://www.socialbeautify.com/terms/ and will indicate at the top of the Terms of Service the date that revisions were last made. You understand and agree that your continued use of the Services after any posted modification to the Terms of Service indicates your acceptance of the modification.
Restrictions on Use of Our Services: You agree that you will not, and will not assist or enable others to: (a) Use our Services to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another; (b) Use our Services to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not; (c) Use our Services to promote bigotry or discrimination against protected classes; (d) Use our Services to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (e) Use our Services to submit or transmit pornography or illegal content; (f) Use our Services to solicit personal information from minors or to harm or threaten to cause harm to minors; and/or (g) Use our Services in violation of the Terms of Service or any applicable law.
Restrictions on Use of Our Content: SB owns the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with any and all Content created by SB. You agree that you will not, and will not assist or enable others to: (a) Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit Our Content, except as expressly authorized by SB; and/or (b) Remove or modify any copyright, trademark or other proprietary rights notice on Our Content. All Content created by SB may be displayed publicly, including for promotional purposes.
Responsibility for Your Content: You alone are responsible for Your Content. You assume all risks associated with Your Content, including anyone’s reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent and warrant that you own, or have the necessary permissions to use, and authorize the use of, Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by SB. You expressly grant SB the right to modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, or otherwise use Your Content in providing or promoting Our Services.
Grant of Rights: By subscribing to the Services, or purchasing one-time services, you grant SB the right to (1) create, access and manage profiles, applications, or websites in your name using Our Content, Your Content, third party Content, and publicly available information; (2) post, at SB’s discretion, Content to the above-mentioned profiles, applications, or websites in your name, including but not limited to Content that mentions, discusses, or promotes third parties; and (3) access, collect, read, analyze, and otherwise use on your behalf the information available on the above-mentioned profiles, applications, or websites.
Payment and Term: Upfront costs are billed and charged immediately when your order is processed. Subscription payments are billed and charged on a recurring, monthly basis beginning 30 days after your order is processed and continuing each calendar month thereafter. By subscribing to our Services, you agree to a minimum contract term of three (3) months, commencing from the date your order is processed, to ensure voice match and “on-brand” Services and Content, during which you are obliged to pay any upfront and subscription fees of a value no less than the amount listed on the Sales Order. Upon the expiration of the minimum contract term, service and billing will automatically continue on a month-to-month basis, during which you may cancel or change your subscription anytime, without proration. A valid credit card is required for all active accounts. By agreeing to these Terms of Service and providing complete payment information, you authorize SB to bill your credit card for the subscription fees then payable. You may change the calendar date your subscription fees are payable upon written approval from SB.
Cancellation and Termination: You may cancel your subscription at any time after the minimum contract term. You are solely responsible for properly canceling your subscription. In order to cancel your subscription, you must contact SB via email at least two days before your next billing date. Telephone and voicemail messages are not a recognized method of cancellation. SB, in its sole discretion, has the right to suspend or terminate your subscription and refuse any and all current or future use of the Site, or any of our Services, for any reason at any time. Such termination of the subscription will result in the deactivation or deletion of your subscription and your access to the Site.
Indemnification: You agree to indemnify and hold harmless SB and its affiliates and their officers, employees, representatives, agents, and assignees from and against all taxes, losses, damages, liabilities, costs and expenses, including attorneys’ fees and other legal expenses, arising directly or indirectly from or in connection with: (i) any negligent, reckless or intentionally wrongful act of you or your assistants, employees, contractors or agents; (ii) any breach by you or your assistants, employees, contractors or agents of any of the covenants contained in these Terms of Service; (iii) any failure of you or your assistants, employees, contractors or agents to conduct business in accordance with all applicable laws, rules and regulations; and/or (iv) any violation or claimed violation of a third party’s rights resulting in whole or in part from SB’s reliance on your performance of your obligations, and representation and warranties under these Terms of Service.
DISCLAIMERS / LIMITATION OF LIABILITY:
SERVICES PROVIDED “AS IS”: EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SERVICES AND ANY CONTENT MADE AVAILABLE TO YOU, ARE PROVIDED ON AN “AS IS” BASIS, WITH ALL FAULTS. SB MAKES NO REPRESENTATIONS, WARRANTIES, OR ASSURANCES, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICES, SITE OR CONTENT.
WARRANTY DISCLAIMER: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SB HEREBY EXPRESSLY DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ABSENCE OF VIRUS OR OTHER HARMFUL COMPONENTS, OR LACK OF WORKMANLIKE EFFORT ON THE PART OF SB. NO COMMUNICATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SB, REPRESENTATIVES OF SB, OR THROUGH OUR SERVICES OR SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY CONTAINED IN THIS AGREEMENT.
LIMITED LIABILITY: IN NO EVENT WILL SB BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, LOST PROFITS, BUSINESS INTERRUPTION LOSSES, OR LOSS OF GOODWILL ARISING OUT OF OR RELATED TO THIS AGREEMENT AND/OR COMPANY’S USE OF THE SERVICES. “ARISING OUT OF OR RELATED TO” INCLUDES, WITHOUT LIMITATION TO THIS CLAUSE’S BROADER LANGUAGE, THE UNAVAILABILITY OF THE SERVICES OR ANY FUNCTION THEREIN, LOSS OF DATA, POSTING OF CONTENT, OR ANY COMPLICATION RESULTING FROM PROGRAMMING ERRORS.
TYPES OF ACTIONS: THE LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE FORM OF ACTION BROUGHT AGAINST SB INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT, STRICT PRODUCT LIABILITY, SIMPLE AND GROSS NEGLIGENCE, BREACH OF WARRANTY OR GUARANTEE, NEGLIGENT MISREPRESENTATION OR OMISSION, EQUITABLE CLAIMS OR OTHER CLAIMS EVEN IF SB IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND EVEN IF COMPANY’S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.
THIRD PARTY CONTENT: COMPANY UNDERSTANDS AND AGREES THAT ALTHOUGH SB MAY PROVIDE CONTENT FROM THIRD-PARTIES, SB DOES NOT EVALUATE, AND IS NOT RESPONSIBLE FOR, ANY THIRD PARTY CONTENT. NOTHING IN THIS AGREEMENT SHALL RESULT IN SB BEING LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION LOSSES, OR LOSS OF GOODWILL RESULTING FROM THE USE OF THIRD PARTY CONTENT.
EXCLUSIVE REMEDY: YOU AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY CLAIM ASSERTED AGAINST SB ARISING OUT OF OR RELATED TO THIS AGREEMENT, IF ANY, SHALL BE TO RECOVER DIRECT DAMAGES UP TO AN AMOUNT EQUAL TO THE AMOUNT OF SUBSCRIPTION FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING SUCH CLAIM EVEN IF THE REMEDY FAILS TO ACHIEVE ITS ESSENTIAL PURPOSE OR DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR DAMAGES.
Assignment: You may not assign or delegate any right or obligation under this agreement without SB’s prior written consent, which SB may withhold at its sole discretion. SB may require any proposed assignee of this agreement to enter into a new written agreement. We may assign or delegate any of our rights or obligations under this agreement to any person or entity, and thereafter be relieved of all liability hereunder.
Severability: If any provision of this agreement shall be held to be unenforceable, the other portions of this agreement shall remain in full force and effect.
Relationship: The Parties will be doing business at their own risk and for their own profit. Nothing in this Agreement shall constitute a joint venture, partnership, or agency relationship between you and SB or authorize either party to make any representation on behalf of or in any way to bind the other party to any obligation of any kind, express or implied, to any third party, or to incur any liability on behalf of the other party.
No Informal Waivers: The failure of either party to exercise any right or enforce any provision of this Agreement, at any time or for any period of time, shall not be construed to be a waiver of that right or provision, or of the right of such party thereafter to enforce that right or provision.
No Third Party Beneficiary: The benefits and protections provided by this Agreement shall inure solely to the benefit of the Parties. This Agreement shall not be deemed to create any right in any person or entity who is not a party to this Agreement and shall not be construed in any respect to be a contract, in whole or in part, for the benefit of any third party.
Entire Agreement: You agree that these Terms of Service constitutes the entire agreement between you and SB relating to the Services and supersedes all previous representations, understandings, and agreements, whether oral or written, or whether established by custom, practice, policy, or precedent, between the parties with respect to the subject matter.
Venue: These Terms of Service and any incorporated Sales Order is governed by the laws of the State of California. Any dispute between regarding arising out of or resulting from your use of the Services, these Terms of Service, or any other dispute is subject to the exclusive venue of the state and federal courts in California.
Counterparts, Electronic Signatures: Each Sales Order incorporated into this Agreement may be executed in one or more counterparts. An electronic copy of the executed Sales Order constitutes an original copy. The Parties agree that each Sales Order may be signed electronically, and that the electronic execution will bind the executing party to the terms hereof.
Questions. All questions and requests for customer service or technical support should be directed to the SB Customer Service Team by phone at (888) 296-8282 or by email at email@example.com.