TERMS

Terms of Service!

Last Updated September 15, 2011

Please read these Terms of Service ("Terms") before using ReadSocial. The Terms govern your access to and use of the Services and ReadSocial’s websites (the "Services"), and any information, text, graphics, photos, videos, audio, software or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content"). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms and the terms and conditions of ReadSocial’s Privacy Policy, which are published at http://www.readsocial.net/terms, and which are incorporated herein by reference. These Terms constitute a binding legal agreement between you and ReadSocial, Inc.

In these Terms of Use, "you," "your" or "User" means any person or entity using the Site, Application or the Services. Unless otherwise stated, "ReadSocial," "we" or "our" will refer to ReadSocial, Inc. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.

Basic Terms

You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.

What you share on ReadSocial may be viewed anywhere in the world, by anyone, instantly. Please take this into account when posting.

You may use the Services only if you can form a binding contract with ReadSocial and are not a person barred from receiving Services under the laws of the United States or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. As a user of the Services you agree to be bound by these terms, even if you are not a registered member of the Service or Site.

The Services that ReadSocial provides are always evolving and the form and nature of the Services that ReadSocial provides may change from time to time without prior notice to you. In addition, ReadSocial may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time, and are under no obligation to provide the service continuously (although we strive to do so).

Privacy

Any information that you provide to ReadSocial is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by ReadSocial. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your ReadSocial account, which you may not be able to opt-out from receiving.

Passwords

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions initiated with your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower cases, numbers and symbols). ReadSocial cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

ReadSocial reserves the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete. You agree to notify ReadSocial of any unauthorized use of your account.

Content on the Services

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will ReadSocial be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

Users, acting as partners to deliver Services, agree to comply in good faith with the following

  1. delete pirated user accounts if notified by ReadSocial
  2. maintain content in line with these Terms whenever possible
  3. ensure, to the best of your ability, that users are 13 or older. You will not hold ReadSocial responsible for any legal action taken for supplying access to users under 13.

Your Rights

You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

This license from you authorizes us to make your comments available to others and to let others make their work visible to you.

You agree that this license includes the right for ReadSocial to make such Content available to other companies, organizations or individuals who partner with ReadSocial for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.

Such additional uses by ReadSocial, or other companies, organizations or individuals who partner with ReadSocial, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.

We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be rebroadcasted by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. ReadSocial will not be responsible or liable for any use of your Content by ReadSocial in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

ReadSocial gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by ReadSocial as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by ReadSocial, in the manner permitted by these ReadSocial.

Integration of the ReadSocial API into reading systems is subject to metered usage. We will bill monthly according to the amount of usage by a site or reading system. We will need to collect certain billing information from you for this purpose: billing  address, credit card information and contact information. Should you integrate the API you agree to this pricing. At any time, ReadSocial may alter the billing tiers, fees, pricing and traffic allowances.

You may cancel your account and access to Services at any time, however there are no refunds for cancellation. In the event that ReadSocial suspends or terminates your access to the Services, you acknowledge that ReadSocial is under no obligation to refund any fees or unused subscriptions, or under any obligation to retain any data associated with that paid Service.

ReadSocial Rights

All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of ReadSocial and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the ReadSocial name or any of the ReadSocial trademarks, logos, domain names, and other distinctive brand features beyond those permitted by the ReadSocial API documentation and accompanying user interface elements. Any feedback, comments, or suggestions you may provide regarding ReadSocial, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Restrictions on Content and Use of the Services

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate users or reclaim usernames. Please review the Content Boundaries and Spam Rules (which are part of these Terms) to better understand what is prohibited on the Service. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of ReadSocial, its users and the public.

ReadSocial does not disclose personally identifying information to third parties except in accordance with our Privacy Policy.

Content Boundaries and Use of ReadSocial

In order to provide the ReadSocial service and the ability to communicate and stay connected with others, there are some limitations on the type of content that can be published with ReadSocial. These limitations comply with legal requirements and make ReadSocial a better experience. We may need to change these rules and reserve the right to do so.

  1. Impersonation: You may not impersonate others through the ReadSocial service in a manner that does or is intended to mislead, confuse, or deceive others.
  2. Trademark: We reserve the right to reclaim user names on behalf of businesses or individuals that hold legal claim or trademark on those user names. Accounts using business names and/or logos to mislead others will be permanently suspended.
  3. Privacy: You may not publish or post other people's private and confidential information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorization and permission.
  4. Violence and Threats: You may not publish or post direct, specific threats of violence against others.
  5. Copyright: We will respond to clear and complete notices of alleged copyright infringement.
  6. Unlawful Use: You may not use our service for any unlawful purposes or in furtherance of illegal activities. International users agree to comply with all local laws regarding online conduct and acceptable content.

Spam and Abuse

It is important to ReadSocial  that we protect our users from spam and abuse. Technical abuse and user abuse is not tolerated, and may result in permanent suspension. Any accounts engaging in the activities specified below are subject to permanent suspension.

  1. Serial Accounts: You may not create serial accounts for disruptive or abusive purposes, or with overlapping use cases. Mass account creation may result in suspension of all related accounts.
  2. Username Squatting: You may not engage in username squatting. Accounts that are inactive for more than 6 months may also be removed without further notice. Some of the factors that we take into account when determining what conduct is considered to be username squatting are:
  1. the number of accounts created
  2. creating accounts for the purpose of preventing others from using those account names
  3. creating accounts for the purpose of selling those accounts
  4. using feeds of third-party content to update and maintain accounts under the names of those third parties
  1. Invitation spam: You may not use ReadSocial to send repeat, mass invitations.
  2. Selling user names: Unless you have been specifically permitted to do so in a separate agreement with ReadSocial, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose, where "Services" is defined as follows: Your use of ReadSocial’s products, services and web sites (referred to collectively as the “Services” in this document and excluding any services provided to you by ReadSocial under a separate written agreement) is subject to the terms of a legal agreement between you and ReadSocial.
  3. Malware/Phishing: You may not publish or link to malicious content intended to damage or disrupt another user’s reading system, browser or computer or to compromise a user’s privacy.
  4. Spam: You may not use the ReadSocial service for the purpose of spamming anyone. What constitutes “spamming” will evolve as we respond to new tricks and tactics by spammers. Some of the factors that we take into account when determining what conduct is considered to be spamming are:
  1. If you have made a large number of comments in a short amount of time;
  2. If you have created a large number of empty GroupTags in a short amount of time;
  3. If you repeatedly create and delete comments, whether to build followers or to garner more attention for your profile;
  4. If your comments consist mainly of links, and not notes relevant to the contentß;
  5. If you post misleading links;
  6. The number of spam complaints that have been filed against you or your comments;
  7. If you post duplicate content over multiple accounts or multiple duplicate updates on one account;
  8. If you post multiple unrelated updates to a topic using #;
  9. If you repeatedly post other users' comments as your own;
  10. If you have attempted to "sell" comments, particularly through tactics considered aggressive;
  11. If you create false or misleading Points of Interest;
  12. If you create Points of Interest to namesquat or spam.
  1. Pornography: You may not use obscene or pornographic comments or images in either your profile nickname, profile picture or posted image-based comments.

Your account may be suspended for Terms of Service violations if any of the above is true. Accounts created to replace suspended accounts will be permanently suspended.

Accounts engaging in any of these behaviors may be investigated for abuse. ReadSocial reserves the right to immediately terminate your account without further notice in the event that, in its judgment, you violate these Rules or the Terms of Service.

Except as permitted through the Services (or these Terms), you have to use the ReadSocial API if you want to reproduce, modify, create derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Content or Services.

As a social service, we encourage and permit broad re-use of Content, which is why we’ve built the  ReadSocialAPI to enable this.

Application Restrictions

You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, ReadSocial’s computer systems, or the technical delivery systems of ReadSocial’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by ReadSocial (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with ReadSocial (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of ReadSocial is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

We encourage you to build on top of the ReadSocial API. The use of UI libraries included in the API documentation is there for your benefit. If you prefer to build your own interface you may do so. Your use of the API is bound by the following rules:

  1. If ReadSocial deletes Content (users, comments, etc), you must also delete that content from your system to the best of your ability. You may replace deleted content with a message alerting the user to the reason, ex “Comment deleted by user” or “Comment deleted by system administrator,” but we discourage caching of deleted Content.
  2. You  must call the Service ReadSocial; you may not rename the Service in your reading system, site, or application.
  3. You must allow users to access their comments via the website outside your system, unless you have a separate agreement with ReadSocial that allows for this deviation from the Terms.
  4. You must allow the user to sign up for a ReadSocial account, unless you have a separate agreement with ReadSocial  that allows for this deviation from the Terms.
  5. If you are reselling our service to a 3RD party you must have an additional agreement with ReadSocial.
  6. ReadSocial will supply a FAQ, but it is up to you to provide additional Customer Support, particularly inside your reading system.

Copyright Policy

ReadSocial respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, ReadSocial will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:

ReadSocial, Inc.

Attn: Travis Alber, Copyright Agent

Wework Labs

154 E Grand St, FL 5

New York, NY 10013

Email: copyright@readsocialapi.com

The Services are Available "AS-IS"

Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, READSOCIAL AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. ReadSocial will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that ReadSocial has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from ReadSocial or through the Services, will create any warranty not expressly made herein.

Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by ReadSocial of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, READSOCIAL AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT READSOCIAL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Waiver and Severability

The failure of ReadSocial to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of New York without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in New York, NY, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of New York (excluding choice of law).

Entire Agreement

These Terms and our Privacy Policy are the entire and exclusive agreement between ReadSocial and you regarding the Services (excluding any services for which you have a separate agreement with ReadSocial that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between ReadSocial and you regarding the Services. Other than members of the group of companies of which ReadSocial is the parent, no other person or company will be third party beneficiaries to the Terms.

We may revise these Terms from time to time, the most current version will always be at readsocial.net/tos. If the revision, in our sole discretion, is material we will notify you via an e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

These Services are operated and provided by ReadSocial Inc., Wework Labs, 154 Grand St, FL 5, New York, NY, 10013. If you have any questions about these Terms, please contact us.

Effective: September 15, 2011