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.SocialMotus.com web site ("Service"), you are agreeing to be bound by the following terms and conditions ("Terms of Service.") described below. The terms and conditions you agree to as described below will supersede any prior agreements between you and SocialMotus (including, but not limited to, any prior versions of the Terms of Service). SocialMotus 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 terms and conditions. Wherever used in these Terms of Service, "you", "your" or similar terms mean the person or legal entity utilizing or accessing the service. Wherever used in these Terms of Service, "we” or “us” or similar terms refer to the company, SocialMotus, which is providing you with the service.
Your access to and use of the service must be in accordance with these Terms of Service. If you violate these Terms of Service, SocialMotus may at their discretion terminate your use of the service.
If SocialMotus does not exercise or enforce any right or provision specified in this terms and conditions contract between you and SocialMotus, it does not constitute a waiver of such right or provision. SocialMotus are, at their discretion, allowed to enforce their right or provision at any time of their choosing, including the time after the client has discontinued their SocialMotus service. The provisions under “Usage Rights and Responsibilities”, “Content Creation”, Subscription Payments”, “Service And Price Changes”, “Cancellation”, “Ownership And Licenses”, “Service Availability”, “Support Availability”, “Liability Limitation” and “Additional Terms And Conditions” will continue after the termination of these terms of service (will continue after your SocialMotus account is terminated).
You must be human and not a spam bot.
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 Service. SocialMotus reserves the right to terminate your use of the Service upon the discovery that the information you provided is not complete or accurate.
You must provide your valid email address, and any other information requested in order to complete the account sign-up process.
You are solely responsibility for ensuring your username and password is secure and is not used by anyone other than yourself. It is your responsibility to notify SocialMotus if you believe your username or password has been stolen or unauthorized use has been noted. You acknowledge that SocialMotus has no responsibility, liability or obligations for any loss or damage to resulting from your failure to ensure the confidentiality of your own password and username combination.
You are solely responsible for any activity undertaken using SocialMotus accessed via your username and password combination.
Usage rights and responsibilities
SocialMotus may alter, suspend or stop providing this service at any time, for any reason, at its sole discretion. SocialMotus reserves the right to refuse service to anyone for any reason at any time.
You are solely responsible for your use of the SocialMotus service and for any content accessed or made available to others through your SocialMotus account (even if that content is accessed or made available by others). SocialMotus takes no responsibility of actions you have taken on your SocialMotus account.
You acknowledge that you can access and use content and services offered by third party service provider, namely, Facebook and Twitter. You agree to comply with the relevant terms and conditions of these Third Party Service Providers.
You will not use the service to perform illegal or unauthorized actions, including violating copyright or intellectual laws, or any other laws applicable in Australia and the country you reside. Nor will you use the service to the detriment of SocialMotus and its other clients.
You understand that the technical processing and transmission of the service, including your content, may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
SocialMotus reserves the right to limit the bandwidth capacity of all SocialMotus customers (as determined by SocialMotus’s sole discretion) and impose restrictions on your account until you reduce your bandwidth consumption if deemed to be too excessive (at SocialMotus’s sole discretion).
You are solely responsible for complying with all local, state, national and foreign laws relating to your use of the Service and agree not to violate any of these laws.
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 or modify another website so as to falsely imply that it is associated with the service, SocialMotus or any other SocialMotus products or service.
No ownership, responsibility or intellectual property rights of content or materials you or any of SocialMotus’s other clients provide to the service will belong to SocialMotus.
You agree not to upload, post, email or deliver any other unsolicited email including "spam" or content that is infected with a virus, Trojan horse or anything that purposely destroys or limits the functionality of the service to SocialMotus or any of SocialMotus’s clients.
You agree not to upload, post, email or transmit otherwise any material that is illegal, pornographic, abusive, copyright, offensive, or in violation of another party's intellectual property. If SocialMotus deems the content to fall into any of these categories, SocialMotus may at their discretion remove this content and discontinue your access to your SocialMotus account.
You will not under any circumstances physically, mentally abuse any SocialMotus stakeholders, namely, employees and other SocialMotus customers in verbal or written form. Doing so will results in SocialMotus discontinuing your service immediately.
From the time you start using SocialMotus to the termination of your account, you must provide us with a valid debit card, credit card number or Paypal account details belonging to you with available and sufficient credit to pay the fees associated with your subscription. If for any reason this debit card, credit card or Paypal account is cancelled, you must immediately provide us with a new valid debit card, credit card or Paypal account details.
If SocialMotus is unable to deduct payment from the debit card, credit card or Paypal account you provided to pay for your subscription and you do not provide a new debit card, credit card or Paypal account to pay for your subscription upon request SocialMotus has the right to cancel your SocialMotus account and shall be under no obligation to provide any or all of the Service while the invoice(s) concerned remain unpaid.
You will start with a 14 day free trial for the selected subscription package. After this time you will be billed automatically for the subscription fee for the service level you selected above unless you cancel your trial within that 14 day trial period. You will continue to be billed for monthly and annual subscription fees to the credit card/paypal designated at the start of each renewal period, unless you terminate your subscription 5 days before the relevant period (billing date) begins. We only accept credit cards and paypal.
There will be NO refunds given for payment taken for subscriptions if you do not cancel your free trial within the 14 day trial period. No exceptions will be made. It is your responsibility to read our terms and agreement policy prior to agreeing to them. This means that there will be no refunds for partial months of service use or where you have not used the service at all.
You may cancel your account at any time. If you do not wish to be charged for the upcoming month’s usage in advance, you agree to notify us 5 days prior to your billing date (the day of the month you are charged for your subscription).
Monthly and any annual fees for your subscription will be billed automatically to the credit card designated during the signup process for SocialMotus, or subsequently designated to SocialMotus at the start of the subscription period and at the start of each renewal period, unless you terminate your subscription before the relevant period begins.
You agree to pay or have paid all fees and charges incurred in connection with your subscription for SocialMotus (including any applicable taxes, levies, withholdings or duties imposed by tax authorities) at the rates in effect when the charges were incurred in addition to the SocialMotus subscription price.
SocialMotus may change or add additional fees and charges that apply to your SocialMotus account at its sole discretion after giving you advanced notice through either your SocialMotus account or email. It is your responsibility that you regularly check your SocialMotus account and email to ensure you read this advanced notice. SocialMotus claims no responsibility if for whatever reason you do not read the advanced notice and is entitled to change or add additional fees and charges that apply to your SocialMotus account regardless.
You will use your actual province/state and country so that SocialMotus can understand its obligations to applicable taxation authorities.
SocialMotus is not liable to you or to any third party for any changes to the SocialMotus service or price, or in the case where the SocialMotus service is discontinued.
Service And Price Changes
You acknowledge that SocialMotus is a social media tool that is constantly evolving and will often alter, add or discontinue certain features, tools and resources offered to your SocialMotus account and these will be subject to these Terms of Service.
If you choose to cancel your account, you are solely responsible for doing so properly. The current account cancellation procedure is as follows:
All cancellation requests will be responded to with a cancellation confirmation email.
SocialMotus will take all reasonable steps to respond to any cancellation queries promptly but you acknowledge that any cancellation queries sent by email or support ticket may not reach the relevant SocialMotus department due to several factors, namely, email spam, internet service provider and virus filters. In this case, if you do not receive a cancellation confirmation within 4 business days (Australian Eastern Standard Time), you acknowledge that SocialMotus has not received your cancellation query and your SocialMotus subscription is still active. It is your responsibility to contact us again through the same or another contact option. In the event of this situation, you acknowledge that you are still a current SocialMotus account subscriber and will be liable for any outstanding subscription payments for your SocialMotus account. Any payments deducted are non-refundable.
Your cancellation will take effect immediately once the confirmation is received by our staff member and SocialMotus will delete all of your content from the Service reasonably promptly after cancellation. Once you cancel your account, your content cannot be recovered.
SocialMotus does not accept any responsibility for loss of content due to account cancellation.
SocialMotus, in its sole discretion, has the right to suspend, terminate or restrict your access to the Service, or any other SocialMotus service, for any reason and at any time. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account, and the deletion of all content on your account. SocialMotus reserves the right to refuse to provide the Service to anyone for any reason at any time.
Ownership and Licenses
You agree to give to SocialMotus all other rights you give third party service provider that are accessed through the service.
Any content created by you and all other users of the service and broadcast through SocialMotus, will give SocialMotus worldwide, non-exclusive, royalty-free, fully paid license (with a right to sublicense) to use, copy, reproduce, process, change, publish, distribute such content through any or all media or distribution methods (whether now known or hereafter developed).
You have no ownership of any rights (including copyright, trade-mark, patent, trade secret and all other intellectual property rights) in and to the Service and SocialMotus's content except for the limited use rights granted by these Terms of Service and acknowledge these belong solely to SocialMotus.
Any content created by you using the SocialMotus service or created by others and access through the SocialMotus service will not be the intellectual properly of SocialMotus.
By posting a link using our smt.li link shorter using the Service, you agree that you are following the relevant terms and conditions of the third party service provider you are linking to.
By posting an smt.li link, you agree that smt.li may present the target site within a frame, and that the frame may contain advertising and tools related to the Service.
SocialMotus will ensure the service is available unless there is:
i. Planned maintenance for which 24 hours notice will be given; or
ii. Unscheduled maintenance during normal business hours (Australian Eastern Standard Time) or otherwise, for which you acknowledge SocialMotus cannot guarantee advanced notice will be given.
iii. An issue arises that is out of the control of SocialMotus including but not limited to internet service provider related issues, domain provider issues, downtime on Twitter or Facebook websites.
If you are unable to access the SocialMotus service due to any of the reasons above, you will not be entitled to any partial or full refund for the amount paid to use the SocialMotus service.
You acknowledge that the Service is dependent on access to various third party service (including Facebook and Twitter). You agree that we are not responsible for the non-availability or interruption to our Service caused by any such third party service that you access through the Service. And will not be entitled to any partial or full refund for the amount paid to use the SocialMotus service.
As part of your SocialMotus service, SocialMotus will use reasonable means to provide a level of support that is appropriate to the nature of any issues requiring support during normal business hours (Australian Eastern Standard Time).
SocialMotus will take all reasonable steps to respond to any support queries but you acknowledge that any support queries sent by email or support ticket may not reach us due to several factors, namely, email spam, internet service provider and virus filters. In this case, if you do not receive a response within 4 business days (Australian Eastern Standard Time), you acknowledge that SocialMotus has not received your support query and it is your responsibility to contact us again through the same or another contact option.
Technical support is only provided to paying account holders and is available via telephone or email.
General Limitation Of Liability
Once you sign up, the service will be provided “As is” and “As available” with all feature and website bugs and other faults and without any warranties of any kind. SocialMotus will not be responsible for any issues, viruses, malware, security threats, omissions, misrepresentations, inaccuracies, limitations or interruptions in the operation of the service to the fullest extent permitted by law. All liability is disclaimed by SocialMotus including, but not limited to any type of negligence, product liability, any legal theory, statutory liability, any loss of damage caused from the use, or misuse, of the service.
Additional Terms And Conditions
If any of the provisions contained in these Terms of Service are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Service and such determination shall not affect the remaining provisions contained herein.
By agreeing to these terms and conditions, these terms and conditions will apply to you and any respective successors who access your SocialMotus account and resume responsibility for the SocialMotus account (including any successor by reason of amalgamation) and assigns.
You agree that if you sue SocialMotus and judgment is in the favoour of SocialMotus, you will pay all of SocialMotus's costs, including reasonable fees for in-house and outsourced legal counsel.
By checking the box below, you indicate that you have read and agree to be bound by the terms and conditions stated above and agree to enter into a legally binding contract with SocialMotus as governed by the terms and conditions specified in this document.