Terms and Conditions
TABLE OF CONTENTS
- 1 User Content
- 2 Changes to the Agreements
- 3 Introduction
- 4 Technology limitations and modifications
- 5 Payments, Renewals, Upgrading and Downgrading
- 6 Cancellations and Refunds
- 7 Copyright Infringement and DMCA Policy
- 8 Intellectual Property.
- 9 Termination
- 10 Limitation of Liability
- 11 Disclaimer of Warranties
- 12 Indemnification
- 13 Severability
- 14 Choice of law, mandatory arbitration and venue
- 15 Miscellaneous
1.1 socialwall.com.au delivers user generated content in the form of social media posts downloaded from the user´s social media networks (“User Content”). You represent that you have the right to use any User Content which you make available for use with the Service, and that such User Content, or its use by us as contemplated by this Agreement, does not violate these Agreements, applicable law, or the intellectual property rights of others.
By making User Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
- your website are not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your websites are not named in a manner that misleads your readers into thinking that you are another person or company. For example, your website´s URLs or name is not the name of a person other than yourself or company other than your own.
Changes to the Agreements
2.1 Occasionally we may, in our discretion, make changes to the socialwall.com.au Service and Agreements. When we make changes to the Agreements that we consider material, we’ll notify you through the Service. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. socialwall.com.au may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
3.1 The following Terms of Service apply when you use the socialwall.com.au (“we”, “us”, “our”) service, websites, or software applications (together, the “socialwall.com.au Service” or “Service”). Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms of Service. If you do not agree to these Terms of Service, you may not access or use the Service.
3.3 Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by socialwall.com.au, acceptance is expressly limited to these terms. In order to use the socialwall.com.au Service, you need to (a) be 18 or older, or be 13 or older and have your parent or guardian’s consent to these Terms, (b) have the power to enter a binding contract with us and are not barred from doing so under any applicable laws.
3.4 By submitting User-Content to socialwall.com.au for inclusion on your Website, you grant socialwall.com.au a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying and distributing the content. If you delete Content, socialwall.com.au will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
com.au does not monitor, review, or edit User Content, but has the right (though not the obligation) to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in socialwall.com.au’s sole discretion, violates these Agreements. socialwall.com.au may take these actions without prior notification to you. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content. socialwall.com.au will have no obligation to provide a refund of any amounts previously paid.
socialwall.com.au is not responsible for User Content nor does it endorse any opinion contained in User Content. If you believe that any User Content infringes your intellectual property rights, or that your rights under applicable law have been otherwise infringed by any User Content, please contact us at email@example.com.
Technology limitations and modifications
4.1 socialwall.com.au will make reasonable efforts to keep the socialwall.com.au Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. socialwall.com.au reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the socialwall.com.au Service, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the socialwall.com.au Service or any function or feature thereof. You understand and agree that socialwall.com.au has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service.
Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the socialwall.com.au Site.
socialwall.com.au shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Payments, Renewals, Upgrading and Downgrading
5.1 By selecting a Paid Subscription you agree to pay socialwall.com.au the monthly subscription fees indicated for that service. Subscription are billed in the period selected. Upon completion of the period (and you have not cancelled the Service) you will automatically be billed for the following period if you chosen to Subscribe the payments through PayPal.
For any upgrade or downgrade in plan level, your PayPal account that you provided will automatically be charged the new rate on your next billing cycle. When upgrading or downgrading you are moved to the new plan instantly.
For upgrades in plan level, the difference in price between the old plan and the new plan will be billed immediately for the number of days remaining on the current billing period.
The Paid Subscription allows you to display the Social Wall on 5 devices. There are additional subscription payments if displaying more than 5 devices. Contact our sales team to discuss payment rates.
Cancellations and Refunds
6.1 Unless you notify socialwall.com.au before the end of the applicable subscription period that you want to cancel a paid subscription, your subscription will automatically renew and you authorize us to collect the then-applicable monthly subscription fee (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Paid Subscriptions can be canceled by simply login to your PayPal account, then find the “subscription creation” line item in your history. Click it, then click on the “unsubscribe” button.
6.2 The cancellation will take effect immediately. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months with a Paid Subscription that is unused. In order to treat everyone equally, no exceptions will be made.
Copyright Infringement and DMCA Policy
7.1 As socialwall.com.au asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by socialwall.com.au violates your copyright, you are encouraged to notify socialwall.com.au via the contact link available on the Website. socialwall.com.au will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. socialwall.com.au will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of socialwall.com.au or others. In the case of such termination, socialwall.com.au will have no obligation to provide a refund of any amounts previously paid to socialwall.com.au.
8.1 This Agreement does not transfer from socialwall.com.au to you any socialwall.com.au or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with socialwall.com.au. Trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any socialwall.com.au or third-party trademarks.
9.1 socialwall.com.au may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your socialwall.com.au account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Limitation of Liability
10.1 In no event will socialwall.com.au, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to socialwall.com.au under this agreement during the twelve (12) month period prior to the cause of action. socialwall.com.au shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Disclaimer of Warranties
11.1 The Website is provided “as is”. socialwall.com.au and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither socialwall.com.au nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
12.1 You agree to indemnify and hold harmless socialwall.com.au, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
13.1 Should any provision of the Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms, and the application of that provision shall be enforced to the extent permitted by law.
Choice of law, mandatory arbitration and venue
14.1 Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, these Agreements are subject to the laws of Australia, without regard to choice or conflicts of law principles. Further, you and socialwall.com.au agree to the exclusive jurisdiction of the courts of Australia to resolve any dispute, claim or controversy that arises in connection with these Agreements.
15.1 This Agreement constitutes the entire agreement between socialwall.com.au and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of socialwall.com.au, or by the posting by socialwall.com.au of a revised version.
These Terms and Conditions are Effective as of the 1st October, 2015.