The following terms and conditions govern all use of the SocialUbiquity.org website and all
content, services and products available at or through the website (taken together, the
Website). The Website is owned and operated by SocialUbiquity.org ("Social Ubiquity"). The
Website is offered subject to your acceptance without modification of all of the terms and
conditions contained herein and all other operating rules, policies (including, without
time on this Site by Social Ubiquity (collectively, the "Agreement").
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 Social Ubiquity, acceptance is expressly limited to these terms. The Website is
available only to individuals who are at least 13 years old.
- Your SocialUbiquity.org Account and Site.If you create a blog/site on
the Website, you are responsible for maintaining the security of your account and blog,
and you are fully responsible for all activities that occur under the account and any
other actions taken in connection with the blog. You must not describe or assign
keywords to your blog in a misleading or unlawful manner, including in a manner intended
to trade on the name or reputation of others, and Social Ubiquity may change or remove
any description or keyword that it considers inappropriate or unlawful, or otherwise
likely to cause Social Ubiquity liability. You must immediately notify Social Ubiquity
of any unauthorized uses of your blog, your account or any other breaches of security.
Social Ubiquity will not be liable for any acts or omissions by You, including any
damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you operate a blog, comment on a blog, post material
to the Website, post links on the Website, or otherwise make (or allow any third party
to make) material available by means of the Website (any such material, "Content"), You
are entirely responsible for the content of, and any harm resulting from, that Content.
That is the case regardless of whether the Content in question constitutes text,
graphics, an audio file, or computer software. By making 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;
you have fully complied with any third-party licenses relating to the Content,
and have done all things necessary to successfully pass through to end users any
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
towards individuals or entities, and does not violate the privacy or publicity
rights of any third party;
your blog is 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 blog is not named in a manner that misleads your readers into thinking that
you are another person or company. For example, your blog's URL or name is not
the name of a person other than yourself or company other than your own; and
you have, in the case of Content that includes computer code, accurately
categorized and/or described the type, nature, uses and effects of the
materials, whether requested to do so by Social Ubiquity or otherwise.
By submitting Content to Social Ubiquity for inclusion on your Website, you grant Social
Ubiquity a world-wide, royalty-free, and non-exclusive license to reproduce, modify,
adapt and publish the Content solely for the purpose of displaying, distributing and
promoting your blog. If you delete Content, Social Ubiquity will use reasonable efforts
to remove it from the Website, but you acknowledge that caching or references to the
Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Social Ubiquity has the
right (though not the obligation) to, in Social Ubiquity's sole discretion (i) refuse or
remove any content that, in Social Ubiquity's reasonable opinion, violates any Social
Ubiquity policy or is in any way harmful or objectionable, or (ii) terminate or deny
access to and use of the Website to any individual or entity for any reason, in Social
Ubiquity's sole discretion. Social Ubiquity will have no obligation to provide a refund
of any amounts previously paid.
Payment and Renewal.
By selecting a product or service, you agree to pay Social Ubiquity the one-time
and/or monthly or annual subscription fees indicated (additional payment terms
may be included in other communications). Subscription payments will be charged
on a pre-pay basis on the day you sign up for an Upgrade and will cover the use
of that service for a monthly or annual subscription period as indicated.
Payments are not refundable.
Unless you notify Social Ubiquity before the end of the applicable subscription
period that you want to cancel a subscription, your subscription will
automatically renew and you authorize us to collect the then-applicable annual
or monthly subscription fee for such subscription (as well as any taxes) using
any credit card or other payment mechanism we have on record for you. Upgrades
can be canceled at any time by submitting your request to Social Ubiquity in
Fees; Payment. By signing up for a Services account you agree
to pay Social Ubiquity the applicable setup fees and recurring fees. Applicable
fees will be invoiced starting from the day your services are established and in
advance of using such services. Social Ubiquity reserves the right to change the
payment terms and fees upon thirty (30) days prior written notice to you.
Services can be canceled by you at anytime on thirty (30) days written notice to
Support. If your service includes access to priority email
support. "Email support" means the ability to make requests for technical
support assistance by email at any time (with reasonable efforts by Social
Ubiquity to respond within one business day) concerning the use of the VIP
Services. "Priority" means that support takes priority over support for users of
the standard or free SocialUbiquity.org services. All support will be provided
in accordance with Social Ubiquity standard services practices, procedures and
Responsibility of Website Visitors. Social Ubiquity has not reviewed,
and cannot review, all of the material, including computer software, posted to the
Website, and cannot therefore be responsible for that material's content, use or
effects. By operating the Website, Social Ubiquity does not represent or imply that it
endorses the material there posted, or that it believes such material to be accurate,
useful or non-harmful. You are responsible for taking precautions as necessary to
protect yourself and your computer systems from viruses, worms, Trojan horses, and other
harmful or destructive content. The Website may contain content that is offensive,
indecent, or otherwise objectionable, as well as content containing technical
inaccuracies, typographical mistakes, and other errors. The Website may also contain
material that violates the privacy or publicity rights, or infringes the intellectual
property and other proprietary rights, of third parties, or the downloading, copying or
use of which is subject to additional terms and conditions, stated or unstated. Social
Ubiquity disclaims any responsibility for any harm resulting from the use by visitors of
the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites. We have not reviewed, and cannot
review, all of the material, including computer software, made available through the
websites and webpages to which SocialUbiquity.org links, and that link to
SocialUbiquity.org. Social Ubiquity does not have any control over those non-Social
Ubiquity websites and webpages, and is not responsible for their contents or their use.
By linking to a non-Social Ubiquity website or webpage, Social Ubiquity does not
represent or imply that it endorses such website or webpage. You are responsible for
taking precautions as necessary to protect yourself and your computer systems from
viruses, worms, Trojan horses, and other harmful or destructive content. Social Ubiquity
disclaims any responsibility for any harm resulting from your use of non-Social Ubiquity
websites and webpages.
Copyright Infringement and DMCA Policy. As Social Ubiquity 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
SocialUbiquity.org violates your copyright, you are encouraged to notify Social Ubiquity
in accordance with Social Ubiquity's Digital Millennium Copyright Act ("DMCA") Policy.
Social Ubiquity will respond to all such notices, including as required or appropriate
by removing the infringing material or disabling all links to the infringing material.
Social Ubiquity 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 Social Ubiquity or others. In the
case of such termination, Social Ubiquity will have no obligation to provide a refund of
any amounts previously paid to Social Ubiquity.
Intellectual Property. This Agreement does not transfer from Social
Ubiquity to you any Social Ubiquity or third party intellectual property, and all right,
title and interest in and to such property will remain (as between the parties) solely
with Social Ubiquity. Social Ubiquity, SocialUbiquity.org, the SocialUbiquity.org logo,
and all other trademarks, service marks, graphics and logos used in connection with
SocialUbiquity.org, or the Website are trademarks or registered trademarks of Social
Ubiquity or Social Ubiquity's licensors. Other 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
Social Ubiquity or third-party trademarks.
Advertisements. Social Ubiquity reserves the right to display
advertisements on your blog unless you have purchased an ad-free account.
Attribution. Social Ubiquity reserves the right to display attribution
links such as 'Blog at SocialUbiquity.org,' theme author, and font attribution in your
blog footer or toolbar.
Partner Products. By activating a partner product (e.g. theme) from one
of our partners, you agree to that partner's terms of service. You can opt out of their
terms of service at any time by de-activating the partner product.
Domain Names. you are registering a domain name, using or transferring
a previously registered domain name, you acknowledge and agree that use of the domain
name is also subject to the policies of the Internet Corporation for Assigned Names and
Numbers ("ICANN"), including their Registration Rights and Responsibilities.
Changes. Social Ubiquity reserves the right, at its sole discretion, to
modify or replace any part of this Agreement. It is your responsibility to check this
Agreement periodically for changes. Your continued use of or access to the Website
following the posting of any changes to this Agreement constitutes acceptance of those
changes. Social Ubiquity 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.
Termination. Social Ubiquity 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
SocialUbiquity.org account (if you have one), you may simply discontinue using the
Website. Notwithstanding the foregoing, if you have a paid services account, such
account can only be terminated by Social Ubiquity if you materially breach this
Agreement and fail to cure such breach within thirty (30) days from Social Ubiquity's
notice to you thereof; provided that, Social Ubiquity can terminate the Website
immediately as part of a general shut down of our service. 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.
Disclaimer of Warranties. The Website is provided "as is". Social
Ubiquity 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 Social Ubiquity 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.
Limitation of Liability. In no event will Social Ubiquity, 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 Social Ubiquity under
this agreement during the twelve (12) month period prior to the cause of action. Social
Ubiquity 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
General Representation and Warranty. You represent and warrant that (i)
your use of the Website will be in strict accordance with the Social Ubiquity Privacy
Policy, with this Agreement and with all applicable laws and regulations (including
without limitation any local laws or regulations in your country, state, city, or other
governmental area, regarding online conduct and acceptable content, and including all
applicable laws regarding the transmission of technical data exported from the United
States or the country in which you reside) and (ii) your use of the Website will not
infringe or misappropriate the intellectual property rights of any third party.
Indemnification. You agree to indemnify and hold harmless Social
Ubiquity, 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.
Miscellaneous. This Agreement constitutes the entire agreement between
Social Ubiquity and you concerning the subject matter hereof, and they may only be
modified by a written amendment signed by an authorized executive of Social Ubiquity, or
by the posting by Social Ubiquity of a revised version. Except to the extent applicable
law, if any, provides otherwise, this Agreement, any access to or use of the Website
will be governed by the laws of the State of Nevada, excluding its conflict of law
provisions, and the proper venue for any disputes arising out of or relating to any of
the same will be the state and federal courts located in Las Vegas, Nevada. Except for
claims for injunctive or equitable relief or claims regarding intellectual property
rights (which may be brought in any competent court without the posting of a bond), any
dispute arising under this Agreement shall be finally settled in accordance with the
Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc.
("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration
shall take place in Las Vegas, Nevada, in the English language and the arbitral decision
may be enforced in any court. The prevailing party in any action or proceeding to
enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of
this Agreement is held invalid or unenforceable, that part will be construed to reflect
the parties' original intent, and the remaining portions will remain in full force and
effect. A waiver by either party of any term or condition of this Agreement or any
breach thereof, in any one instance, will not waive such term or condition or any
subsequent breach thereof. You may assign your rights under this Agreement to any party
that consents to, and agrees to be bound by, its terms and conditions; Social Ubiquity
may assign its rights under this Agreement without condition. This Agreement will be
binding upon and will inure to the benefit of the parties, their successors and
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operates SocialUbiquity.org and may operate other websites. It is Social Ubiquity's policy to
respect your privacy regarding any information we may collect while operating our websites.
Like most website operators, Social Ubiquity collects non-personally-identifying information of
the sort that web browsers and servers typically make available, such as the browser type,
language preference, referring site, and the date and time of each visitor request. Social
Ubiquity's purpose in collecting non-personally identifying information is to better understand
how Social Ubiquity's visitors use its website. From time to time, Social Ubiquity may release
non-personally-identifying information in the aggregate, e.g., by publishing a report on trends
in the usage of its website.
Social Ubiquity also collects potentially personally-identifying information like Internet
Protocol (IP) addresses for logged in users and for users leaving comments on SocialUbiquity.org
blogs/sites. Social Ubiquity only discloses logged in user and commenter IP addresses under the
same circumstances that it uses and discloses personally-identifying information as described
below, except that commenter IP addresses and email addresses are visible and disclosed to the
administrators of the blog/site where the comment was left.
Certain visitors to Social Ubiquity's websites choose to interact with Social Ubiquity in ways
that require Social Ubiquity to gather personally-identifying information. The amount and type
of information that Social Ubiquity gathers depends on the nature of the interaction. For
example, we ask visitors who sign up at SocialUbiquity.org to provide a username and email
address. Those who engage in transactions with Social Ubiquity are asked to provide additional
information, including as necessary the personal and financial information required to process
those transactions. In each case, Social Ubiquity collects such information only insofar as is
necessary or appropriate to fulfill the purpose of the visitor's interaction with Social
Ubiquity. Social Ubiquity does not disclose personally-identifying information other than as
described below. And visitors can always refuse to supply personally-identifying information,
with the caveat that it may prevent them from engaging in certain website-related activities.
Social Ubiquity may collect statistics about the behavior of visitors to its websites. Social
Ubiquity may display this information publicly or provide it to others. However, Social Ubiquity
does not disclose personally-identifying information other than as described below.
Social Ubiquity discloses potentially personally-identifying and personally-identifying
information only to those of its employees, contractors and affiliated organizations that (i)
need to know that information in order to process it on Social Ubiquity's behalf or to provide
services available at Social Ubiquity's websites, and (ii) that have agreed not to disclose it
to others. Some of those employees, contractors and affiliated organizations may be located
outside of your home country; by using Social Ubiquity's websites, you consent to the transfer
of such information to them. Social Ubiquity will not rent or sell potentially
personally-identifying and personally-identifying information to anyone. Other than to its
employees, contractors and affiliated organizations, as described above, Social Ubiquity
discloses potentially personally-identifying and personally-identifying information only in
response to a subpoena, court order or other governmental request, or when Social Ubiquity
believes in good faith that disclosure is reasonably necessary to protect the property or rights
of Social Ubiquity, third parties or the public at large. If you are a registered user of an
Social Ubiquity website and have supplied your email address, Social Ubiquity may occasionally
send you an email to tell you about new features, solicit your feedback, or just keep you up to
date with what's going on with Social Ubiquity and our products. If you send us a request (for
example via email or via one of our feedback mechanisms), we reserve the right to publish it in
order to help us clarify or respond to your request or to help us support other users. Social
Ubiquity takes all measures reasonably necessary to protect against the unauthorized access,
use, alteration or destruction of potentially personally-identifying and personally-identifying
A cookie is a string of information that a website stores on a visitor's computer, and that the
visitor's browser provides to the website each time the visitor returns. Social Ubiquity uses
cookies to help Social Ubiquity identify and track visitors, their usage of Social Ubiquity
website, and their website access preferences. Social Ubiquity visitors who do not wish to have
Social Ubiquity's websites, with the drawback that certain features of Social Ubiquity's
websites may not function properly without the aid of cookies.
If Social Ubiquity, or substantially all of its assets, were acquired, or in the unlikely event
that Social Ubiquity goes out of business or enters bankruptcy, user information would be one of
the assets that is transferred or acquired by a third party. You acknowledge that such transfers
may occur, and that any acquirer of Social Ubiquity may continue to use your personal
information as set forth in this policy.
Ads appearing on any of our websites may be delivered to users by advertising partners, who may
set cookies. These cookies allow the ad server to recognize your computer each time they send
you an online advertisement to compile information about you or others who use your computer.
This information allows ad networks to, among other things, deliver targeted advertisements that
time to time, and in Social Ubiquity's sole discretion. Social Ubiquity encourages visitors to
SocialUbiquity.org account, you might also receive an alert informing you of these changes. Your
acceptance of such change.