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Terms & Conditions

Terms and Conditions of Use for the socialBC Web Site
September 30, 2005

YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS.

This Web site (the "Web Site") is a service made available by Social Business Club ("socialBC") and all content, information and software provided on and through the Web Site ("Content") may be used solely under the following terms and conditions ("Terms of Use").


1. Web Site License

As a user of this Web Site you are granted a nonexclusive, nontransferable, revocable, limited license to access and use the Web Site and Content in accordance with these Terms of Use. socialBC may terminate this license at any time for any reason.


2. Limitations on Use

The Content on this Web Site is for personal use only and not for commercial exploitation. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Web Site or the Content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, other automatic device, or manual process to monitor or copy our Web Site or the Content without socialBC's prior written permission. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Web Site, except to the extent permitted above. You may not use or otherwise export or re-export the Web Site or any portion thereof, the Content or any software available on or through the Web Site. Any unauthorized use of the Web Site or its Content is prohibited.


3. Intellectual Property Rights


Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that the Content and Web Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.


4. Linking to the Web Site


You may provide links to the homepage of this Web Site, provided you do not remove or obscure, by framing or otherwise, any portion of the homepage. You can provide links to you personal page on socialBC.


5. No Solicitation


In no event may any person or entity solicit any Users with data retrieved from this Web Site.


6. Advertisers


This Web Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Web Site is accurate and complies with applicable laws. socialBC will not be responsible for the illegality of or any error or inaccuracy in advertisers' or sponsors' materials.


7. Registration


Certain sections of this Web Site require you to register. If registration is requested, you agree to provide socialBC with accurate, complete registration information. It is your responsibility to inform socialBC of any changes to that information. Each registration is for a single person only, unless specifically designated otherwise on the registration page. socialBC does not permit a) any other person using the registered sections under your name; or b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify socialBC immediately by emailing contact[at]socialBC.com.


8. Errors and Corrections


socialBC does not represent or warrant that the Web Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. socialBC does not warrant or represent that the information available on or through the Web Site will be correct, accurate, timely, or otherwise reliable. socialBC may make improvements and/or changes to its features, functionality or Content at any time.


9. Third Party Content


Third party content may appear on this Web Site or may be accessible via links from this Web Site. socialBC is not responsible for and assumes no liability for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on the Web Site. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief of socialBC.


10. DISCLAIMER


THE WEB SITE IS PROVIDED ON AN "AS IS" BASIS. socialBC EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. socialBC DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEB SITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEB SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THE WEB SITE OR ANY PORTION THEREOF, (D) YOUR USE OF THIS WEB SITE, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEB SITE.


11. LIMITATION OF LIABILITY


socialBC shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting from YOUR USE OF THE WEB SITE. socialBC SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEB SITE OR THE CONTENT. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED, socialBC'S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO 100.00. GB POUNDS


12. Unlawful Activity


socialBC reserves the right to investigate complaints or reported violations of the Terms of Use and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. Please note: We do NOT accept multi-level-marketing (MLM), gambling or any obscure contents! socialBC reserves the right to delete or edit this entries.


13. Remedies for Violations


socialBC reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to the socialBC's Web sites and their features.


14. Privacy


Your use of the Web Site is subject to socialBC's Privacy Policy. Our Web site does track certain information about the visits to our Web site. For example, we compile statistics that show the numbers and frequency of visitors to our Web site and its individual pages. These aggregated statistics are used internally to improve our Web site and for product development and marketing purposes generally. Those aggregated statistics may also be provided to advertisers and other third parties, but again, the statistics contain no personal information and cannot be used to gather such information.

In a few areas on our Web site, we may ask you to provide information that will enable us to verify whether you are entitled to access and use certain information, materials and services available from our Web site, or to enable us to enhance your site visit, to assist you with customer service or technical support issues, or to follow up with you after your visit, or to otherwise support your customer relationship with socialBC. It is completely optional for you to participate. However, failure to participate may mean that you cannot access and use certain information, materials and services. For example, we may request information from you when you:

  1. Log-on to certain areas of our Web site, where you may be prompted to provide us with your user name and password as a condition to gaining access to certain information, materials or services
  2. Register or sign-up to subscribe to a service
  3. Subscribe to a newsletter or desire to be added to our mailing lists for other products or services
  4. Place an order
  5. Participate in a sweepstakes or other promotional offer
  6. Provide feedback in an online survey.

In each of the instances above, we typically ask for your name, e-mail address, phone number, address, the type of business you are in, product preference information, any applicable identification number or password that we may require, as well as other similar personal information that is needed to register or subscribe you to services or offers. On occasion, we may ask for additional information to enable us to provide you with access to and use of certain information, materials and services. In the case of mailed materials, you will be able to "unsubscribe" to these mailings at any time.


15. User Submissions

A. The SocialBC Website may now or in the future permit the submission of videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, SocialBC does not guarantee any confidentiality with respect to any submissions.

B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize SocialBC to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to SocialBC, you hereby grant SocialBC a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the SocialBC Website and SocialBC's (and its successor's) business, including without limitation for promoting and redistributing part or all of the SocialBC Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the SocialBC Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the SocialBC Website.

C. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant SocialBC all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage SocialBC or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. SocialBC does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and SocialBC expressly disclaims any and all liability in connection with User Submissions. SocialBC does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and SocialBC will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. SocialBC reserves the right to remove Content and User Submissions without prior notice. SocialBC will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. SocialBC also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. SocialBC may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

D. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(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 the service provider to locate the material;

(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

(v) A statement 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 owner of an exclusive right that is allegedly infringed.

E. You understand that when using the SocialBC Website, you will be exposed to User Submissions from a variety of sources, and that SocialBC is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SocialBC with respect thereto, and agree to indemnify and hold SocialBC, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

F. SocialBC permits you to link to materials on the Website for personal, non-commercial purposes only. SocialBC reserves the right to discontinue any aspect of the SocialBC Website at any time.



16. Use of Information


The personal information you provide to us when using our Web site -- such as your name, postal or e-mail address or telephone number -- will be kept confidential and only used to support your customer relationship with socialBC. It also may be used to notify you of special offers, updated information and new products and services from socialBC, or offers from third parties that we think may be of interest to you. socialBC may enhance or merge your information collected at its site with data from third parties for purposes of marketing products or services to you.


17. Severability of Provisions


These Terms of Use incorporate by reference any notices contained on the Web Site and the Privacy Policy constitute the entire agreement with respect to access to and use of the Web Site. If any provision of these Terms of Use is unlawful, void or unenforceable then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.


18. Modifications to Terms of Use


socialBC reserves the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear on this Web Site and are effective immediately. You are responsible for regularly reviewing the Terms of Use. Continued use of the Web Site after any such changes constitutes your consent to such changes.