SocialSamba - Terms of Use

Date: April 15, 2012

The scripted social networking functionality and related services made available by SocialSamba, Inc. (“SocialSamba,” “we” and “us”), including SocialSamba websites and the SocialSamba application accessible through third-party social networking websites (collectively, the “Service”), are governed by these Terms of Use (the “Terms”). Users of SocialSamba’s SagaWriter are also subject to the terms of service applicable to SagaWriter, which are available here. By accessing the Service on your computer, mobile device or other Internet-enabled device, you (the “User” or “you”) signify that you have read, understand and agree to be bound by these Terms and SocialSamba’s privacy policy (the “Privacy Policy” available here, whether or not you are a registered member of the Service. We reserve the right to modify portions of these Terms at any time. We will post any change to these Terms on our websites, and will indicate the date the Terms were last revised. Your continued use of the Service after any such change constitutes your acceptance of the updated Terms. If you do not accept these Terms (or the Privacy Policy), please do not use the Service.

1. Eligibility.

Before accessing or using the Service, you must agree to these Terms. You may also be required to register an account on the Service (your “Account”), have a valid account on a third-party social networking service through which you may access the Service (a “SNS”), and/or have an account with the application provider for your mobile device. The Service is intended solely for users who are 13 years of age or older. Any registration by, use of or access to the Service by anyone under 13 is not authorized, and is in violation of these Terms. By using the Service, you represent and warrant that you are 13 years old or older. The Service is provided free of charge by SocialSamba, but you are responsible for any third-party fees that you may incur when accessing the Service, including Internet connection or mobile device fees. You must provide all equipment and software necessary to connect to the Service, including, but not limited to, a computer or mobile device that is suitable to connect with and use the Service.

2. Registration Data; Account Security.

In consideration of your use of the Service, you shall (i) provide accurate, current and complete information about you as prompted when creating or updating your Account (your “Registration Data”); (ii) maintain the security of your password and other identifying information; (iii) maintain and promptly update your Registration Data in the event it changes; (iv) not register for an Account on behalf of an individual other than yourself, or register for an Account on behalf of any group or entity; and (v) be fully responsible for all use of your Account and for any actions that take place using your Account. Your Registration Data will be held and used in accordance with our Privacy Policy, which may be accessed here.

3. Proprietary Rights in the Service; Limited License.

Subject to the terms and conditions of these Terms, the Service, including all text, characters, stories, dialogue, concepts, graphics, photos, designs, videos, information, applications, software, music, sound and any other content available through the Service, and their selection and arrangement in the Service, are the proprietary property of SocialSamba or its licensors, with all rights reserved. Subject to the terms and conditions of these Terms, SocialSamba grants you a non-exclusive, non-transferable, revocable, limited license to access and use the Service using a SocialSamba-supported web browser and/or mobile device solely for your own non-commercial purposes. Any use of the Service other than as specifically authorized in these Terms, without the prior written permission of SocialSamba, is strictly prohibited and will automatically terminate the foregoing license granted to you. Also, this license will terminate upon any termination of the Terms or upon any suspension, termination or cancellation of your access to the Service or your Account.

You agree not to do any of the following:

4. Trademarks.

All trademarks, service marks, logos and trade names (collectively, “Marks”) associated with SocialSamba and/or the Service, whether registered or unregistered, are proprietary to SocialSamba or to other companies where so indicated. Such Marks may not be used, including as part of others’ trademarks or 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 SocialSamba.

5. User Conduct.

You understand that the Service is available for your personal, non-commercial use only. You represent, warrant and agree that no content or materials of any kind submitted through your Account or posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including any copyright, trademark, privacy, publicity or other intellectual property, personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. In addition, you agree not to do any of the following:

6. User Content.

You understand that you are solely responsible for all content, including all text, characters, stories, dialogue, concepts, graphics, photos, videos, information (including information about you and your profile) and any other content, which you upload, publish or display (hereinafter, “post”) through the Service (collectively, your “User Content”). You hereby represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize SocialSamba to use all copyright, trademark, trade secret and other proprietary rights in and to any and all of your User Content to enable inclusion and use of such User Content in the manner contemplated by the Service and these Terms. You may not post or transmit any content through the Service that you did not create or that you do not have permission to post or transmit. By posting or transmitting your User Content through the Service, you automatically grant to SocialSamba an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose (including commercial, advertising and other purposes), on or in connection with the Service or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of any of the foregoing. When you post or transmit your User Content through the Service, you also authorize and direct SocialSamba to make such copies thereof as we deem necessary in order to facilitate the posting and storage of such User Content. You also grant similar licenses to any third-party operator of a SNS through which you post or transmit your User Content through the Service, subject to the terms and conditions applicable to such SNS. You may remove any of your User Content from the Service at any time. However, even if you choose to remove your User Content, the license granted by you to SocialSamba above will continue indefinitely, and you acknowledge that SocialSamba may retain archived copies of your User Content and may continue to use the User Content as described in these Terms. SocialSamba does not assert any ownership over your User Content; rather, as between SocialSamba and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

7. Copyright Protection.

The U.S. Digital Millennium Copyright Act (“DMCA”) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that any content uploaded, posted or otherwise transmitted through the Service infringes upon any copyright which you own or control, you may so notify us in accordance with our DMCA process accessible here In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users of the Service who are deemed to be repeat infringers. SocialSamba may also at its sole discretion limit access to the Service and/or terminate the Accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

8. Third-Party Websites and Content.

The Service may contain or deliver links to other websites (each, a “Third-Party Site”) as well as applications, software, text, graphics, pictures, designs, music, sound, video, articles, photographs, information, and other content belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Sites and Third-Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by SocialSamba, and we are not responsible for any Third-Party Sites accessed through the Service or any Third-Party Content posted on, available through or installed from the Service, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third-Party Sites or Third-Party Content. The inclusion of, linking to or permitting the use or installation of any Third-Party Site or Third-Party Content does not imply approval or endorsement thereof by SocialSamba. If you decide to leave the Service and access a Third-Party Site or to use or install any Third-Party Content, you do so at your own risk and you should be aware that these Terms and our other policies no longer govern. You should review the terms and policies, including privacy and data gathering practices, applicable to any Third-Party Site or Third-Party Content to which you navigate or relating to any applications you use or install from the Service.

9. User Disputes.

You are solely responsible for your interactions with other users of the Service or any other application provided by SocialSamba. We reserve the right, but have no obligation, to monitor interactions or disputes between you and any other such user.

10. Privacy.

We understand and respect your concerns about the use of your personal information. Click here to view our Privacy Policy, which is incorporated into these Terms by this reference. By using the Service, you are consenting to have your personal data transferred to and processed in the United States.

11. Disclaimers.

You acknowledge that SocialSamba is not responsible or liable in any manner for any content (including your User Content), or any Third-Party Content, posted or transmitted through the Service, whether posted or transmitted by users of the Service, by SocialSamba, by third parties or by any of the equipment or programming associated with the Service. Although we have established rules for user conduct and postings, we do not control and are not responsible for what users post or transmit through the Service and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Service or in connection with any Third-Party Content. SocialSamba is not responsible for the conduct, whether online or offline, of any user of the Service or of any other application provided by SocialSamba. The Service may be temporarily unavailable from time to time for maintenance or other reasons. SocialSamba assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. SocialSamba is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or on the Service or combination thereof, including injury or damage to your or to any other person’s computer, mobile device, or other hardware or software, related to or resulting from using or downloading materials in connection with the Service. Under no circumstance will SocialSamba be responsible for any loss or damage resulting from your use of the Service, or from any content (including your User Content) or Third-Party Content posted on or through the Service, or from any interactions between users of the Service (whether online or offline) or of any other application provided by SocialSamba. SocialSamba reserves the right to modify the Service at any time without notice. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). SOCIALSAMBA DOES NOT GUARANTEE ANY SPECIFIC RESULT FROM USE OF THE SERVICE. SOCIALSAMBA DOES NOT REPRESENT OR WARRANT THAT THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by SocialSamba.

12. Limitations on Liability.

IN NO EVENT WILL SOCIALSAMBA OR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, PARTNERS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICE OR CONTENT ON, OR ACCESSED THROUGH THE SERVICE, EVEN IF SOCIALSAMBA IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, YOU ACKNOWLEDGE THAT YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM SOCIALSAMBA.

13. Termination.

SocialSamba may terminate your Account, delete your profile and/or prohibit you from using or accessing the Service for any reason, or no reason, at any time in its sole discretion, with or without notice.

14. Disputes and Governing Law.

You agree that any dispute, claim or controversy arising out of or relating to the Service or this Agreement shall be settled by independent arbitration involving a neutral arbitrator and administered by the American Arbitration Association. The arbitration shall be conducted in San Francisco, California. The arbitrator shall apply the Commercial Arbitration Rules of the American Arbitration Association, and the judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction. Note that there is no judge or jury in an arbitration proceeding and the decision of the arbitrator shall be binding upon both parties. This Agreement and performance hereunder shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflict of laws provisions.

15. Indemnity.

You agree to indemnify and hold SocialSamba, and its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any of your User Content, your use of the Service, your conduct in connection with the Service or with other users of the Service, or any violation of these Terms or of any law or rights of any third party.

16. Submissions.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service submitted by you to SocialSamba are non-confidential and shall become the sole property of SocialSamba. SocialSamba shall own all exclusive rights, including all intellectual property rights, to these submissions, and shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

17. Export and Foreign Laws and Regulations.

The Service originates in the United States, and is subject to United States export laws and regulations. The Service may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Service may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Service.

18. Miscellaneous

These Terms constitute the entire agreement between you and SocialSamba regarding the use of the Service, superseding any prior agreements between you and SocialSamba relating to your use of the Service. The failure of SocialSamba to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

19. Questions

If you have any questions regarding these Terms, please contact us by sending an email to termsofservice@socialsamba.com.