Terms of Service
Get on Social
These terms and conditions (the “Terms of Service”) govern your access to and use of Get On Social LLC’s (“GetOnSocial”) website- getonsocial.com (“Service”). By accessing or using GetOnSocial, you are agreeing to these Terms of Service and concluding a legally binding contract with GetOnSocial. Do not access or use the Service if you are unwilling or unable to be bound by the Terms of Service.
- Definitions
- Parties. “You” and “your” refer to you, as a user of the Service. A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses the Service. “We”, “us” and “our” refer to Get On Social LLC.
- Content.
- “Content” means text, posts, images, photos, audio, video, location data, and all other forms of data or communication.
- “Your Content” means content that you submit or transmit to, through, or in connection with the Service.
- “User Content” means content that users submit or transmit to, through, or in connection with the Service.
- “Get On Social Content” means content that we create and make available in connection with the Service.
- “Third Party Content” means content that is created and made available by a third party in connection with the Service.
- “Site Content” means all of the content that is made available in connection with the Service, including Your Content, User Content, Get On Social LLC Content, and Third Party Content.
- Changes to Terms of Service.
We may modify the Terms of Service from time to time. When changes are made, we will notify you by making the revised version available on this webpage. You should revisit these Terms of Service on a regular basis as revised versions will be binding on you. Such modification will be effective upon our posting of new Terms of Service. You understand and agree that your continued access to or use of the Service after any posted modification to the Terms of Service indicates your acceptance of the modification. - Translation.
We may translate these Terms of Service into other languages for your convenience. Nevertheless, the English version governs your relationship with Get On Social LLC, and any inconsistencies among the different version will be resolved in favor of the English version. - Use of the Service.
- Eligibility. To access or use the Service, you must be eighteen (13) years of age or older and have the requisite power and authority to enter into these Terms of Service. You may not access or use the Service if we have previously banned you from the Service or closed your account.
- Permission to Use the Service. We grant you permission to use the Service subject to the restrictions in these Terms of Service. Your use of the Service is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
- Site availability. The Service may be modified, updated, interrupted, suspended, or discontinued at any time without notice or liability.
- User accounts. You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Service. You are responsible for maintaining the confidentiality of your account password. You are responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any reason. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process
- Content.
- 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 quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, of have the necessary permission 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 Get On Social LLC. Get On Social LLC will not be liable for any claims arising from Your Content. You may expose yourself to liability if, for example, Your Content contains material that is:- false, intentionally misleading, or defamatory;
- violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- contains material that is unlawful, including illegal hate speech or pornography;
- exploits or otherwise harms minors;
- violates or advocates violation of any law or regulation.
- Our Right to Use Your Content.We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby grant us world-wide, non-exclusive, royalty free, sublicensable, transferable rights to use Your Content for any purpose. You also irrevocably grant the users of the Service and any Other Media the right to access Your Content in connection with their use of the Service and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Get On Social LLC and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of Your Content.
- Ownership.As between you and Get On Social LLC, you own Your Content. We own the Get On Social LLC Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, and all other elements and components of the Service excluding Your Content, User Content, and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the Get On Social Content and the Service, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and law. As such, you may not modify, reproduce, distribute, create derivative works or adaptations, publicly display, or exploit any of the Get On Social Content in whole or in part except as expressly authorized by use. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and the Get On Social Content are retained by us.
- Content Retention and Confidentiality. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
- Other. We reserve the right to remove, screen, edit, or reinstate User content from time to time at our sole discretion and without notice to you. For example, we may remove a post if we believe that it violates our Content guidelines.
- Responsibility for Your Content.
- Restrictions.We are under no obligation to enforce the Terms of Service on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms of Service, we reserve the right to investigate and take appropriate action at our sole discretion.
- You agree not to, and will not assist or enable others to use the Service to:
- Violate our Content guidelines.
- Violate any third party’s rights, 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.
- Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
- Promote a business or other commercial venture or event, or otherwise use the Service for commercial purposes, except in connection with a Business Account and as expressly permitted by Get On Social LLC;
- Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Service’s search results or any third party website;
- Solicit personal information from minors, or submit or transmit pornography;
- Violate any applicable law;
- Violate the Terms of Service;
- Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Service or Site Content (other than Your Content), except as expressly authorized by Get On Social LLC;
- Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Service of any Site Content;
- Reverse engineer any portion of the Service;
- Remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Service or on any materials printed or copied from the Service;
- Record, process, or mine information about other users;
- Reformat or frame any portion of the Service;
- Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Get On Social LLC’s technology infrastructure or otherwise make excessive traffic demands on the Service;
- Attempt to gain unauthorized access to the Service, user accounts, computer systems or networks connected to the Service through hacking, password mining, or any other means;
- Use the Service of any Site Content to transmit any computer viruses, worms, defects, Trojan horses, or other items of a destructive nature (collectively, “Viruses”);
- Use any device, software, or routine that interferes with the proper working of the Service, or otherwise attempt to interfere with the proper working of the Service;
- Use the Service to violate the security of any computer network, crack passwords or security encryption codes, disrupt or interfere with the security of or otherwise cause harm to the Service or Site Content; or
- Remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Service.
- You agree not to, and will not assist or enable others to use the Service to:
- Content Guidelines and Policies.
- Content Guidelines. You represent that you have read and understood our Content Guidelines.
- Privacy.You represent that you have read and understood our Privacy Statement. Note that we may disclose information about you to third parties if we have a good faith belief that such a disclosure is reasonable necessary to:
- take action regarding suspected illegal activities;
- enforce or apply our Terms of Service and Privacy Statement;
- comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or
- protect your rights, reputation, and property, or that of our users, affiliates, or the public.
If you use the Service outside the United States, you consent to having your personal data transferred to and processed in the United States.
- Copyright and Trademark Disputes. Please see our Infringement Policy for information about copyright and trademark disputes.
- Suggestions and Improvements.By sending us any ideas, suggestions, documents, or proposals (“Feedback”), you agree that:
- your Feedback does not contain the confidential or proprietary information of third parties;
- we are under no obligation of confidentiality, express or implied, with respect to the Feedback;
- we may have something similar to the Feedback already under consideration or in development.
- Third Parties. Service may include links to other websites or applications (each a “Third Party Site”). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk. Some of the services made available through the Service are provided in connection with third parties and subject to additional terms which are incorporated herein by reference.
- Indemnity.You agree to indemnify and hold Get On Social LLC, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors, partners and the officers, directors, employees, agents, and representatives of each of them harmless, including costs, liabilities, and legal fess, from any claim or demand made by any third party due to or arising out of:
- your access to or use of the Service;
- your violation of the Terms of Service; or
- the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
Get On Social LLC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Get On Social LLC. Get On Social LLC will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it
- Disclaimers and Limitations of Liability.
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF GET ON SOCIAL LLC AND ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS (COLLECTIVELY, THE “GET ON SOCIAL LLC ENTITIES”). EACH OF THE SUBSECTIONS BELOW APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.- THE SERVICE AVAILABLE IS MADE AVAILABLE TO YOU ON AN “AS IS” BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK.
- THE GET ON SOCIAL LLC ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE CONDUCT OF THIRD PARTIES. ACCORDINGLY, THE Get On Social LLC ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER MISUSES YOUR CONTENT OR IDENTITY, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES LISTED ON THE SERVICE.
- THE GET ON SOCIAL LLC ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS CONTENT, OR THE SAFETY OR SECURITY OF THE SERVICE. ACCORDINGLY, THE GET ON SOCIAL LLC ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS, OR THE SAFETY OR SECURITY OF THE SERVICE.
- THE GET ON SOCIAL LLC ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSASTIFACTION WITH THE SERVICE OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF, THE SERVICE.
- THE GET ON SOCIAL LLC ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE IS LIMITED TO THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO THE GET ON SOCIAL LLC ENTITIES IN CONNECTION WITH THE SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
- THE GET ON SOCIAL LLC ENTITIES DISCLAIM ALL LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF OR DAMAGE TO REPUTATION OF GET ON SOCIAL LLC OR ANY THIRD PARTY, OR LOSS OF INFORMATION OR DATA.
- Choice of Law and Venue. Florida law will govern these Terms, as well as any claim, cause of action, or dispute that may arise between you and Get On Social LLC (a “Claim”), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS OF PINELLAS COUNTY, FLORIDA.
- Payments and Refunds
- We require a valid credit card in order to sign up for Get On Social LLC.
- The Service is billed in advance on a monthly basis and is non-refundable. Get On Social LLC offers a full refund if a user cancels within 7 days of registration. This is the only circumstance where a refund is granted. There are no refunds for partial months.
- Get On Social LLC fees are exclusive of all taxes. The User shall be responsible for payment of all such taxes.
- Termination and Cancellation.
- You may terminate the Terms of Service at any time by cancelling your account. To cancel your account, you must log in to getonsocial.com and follow the menu to “Settings,” then “Account,” then click the “Cancel My Account” button.
- We may close your account, suspend your ability to use certain portions of the Service, and/or ban you altogether from the Service for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Service, Your Content, Site Content, or any other related information.
- In the event of any termination whether by you or us, Section 1,5,6, and 10 through 14 of these Terms of Service will continue in full force and effect, including our right to use Your Content as detailed in Section 5.
- General Terms.
- We reserve the right to modify, update, or discontinue the Service at our sole discretion, at any time, for any reason, and without notice of liability.
- We may provide you with notices, including those regarding changes to the Terms of Service by email, regular mail, or communications through the Service.
- Except as otherwise stated in Section 8 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
- The Terms of Service and Privacy Statement contain the entire agreement between you and us regarding the use of the Service, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms of Service.
- Any failure on Get On Social LLC’s part to exercise or enforce any right or provision of the Terms of Service does not constitute a waiver of such right or provision. the failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
- If any provision of the Terms of Service is found to be unenforceable or invalid, the provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable.
- The Terms of Service are not assignable, transferable, or sublicensable by you except with Get On Social LLC’s prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms of Service shall be void.
- The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.