These terms and conditions of use (this "agreement") constitute a legal agreement between you ("customer") and the leadsocial.com's website (the "website") and the leadsocial software (the "software")(collectively, the "service") and the LeadSocial applications ("Applications") and govern customer's use and access of the services (as defined below). By accessing and using the Services each time, you are agreeing to be bound by these Terms of Service. If you do not agree to be bound by these Terms of Service, you are not allowed to use the Services. Wherever used in these Terms of Service, "you", "your" or similar terms mean the person or legal entity utilizing or accessing the Services.
You acknowledge that these Terms constitute a contract between You and LeadSocial, even though it is electronic and is not physically signed by You and LeadSocial, and that these Terms govern Your use of the Service and supersede any other agreements between You and LeadSocial.
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We will post notice of modifications to these terms on this page and your notification bar. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of Service.
The Services are those web-based products and services described at www.leadsocial.com. LeadSocial provides you a website that allows you to access and use our online services. The software allows you to interact, manage and monitor content on websites such as facebook, twitter and other related and supported third party web platforms. The terms of this agreement govern your use of the Software and services. In order to use the Software, you are required to register for our service for which you will pay a subscription fee. The subscription fee must be prepaid in order to use the Software.
Among other actions, the Services facilitate Customer's electronic publication of Customer-owned or -controlled content (the "Content") to recipients that have consented to the receipt of, or otherwise to view, such content (the "Followers") through certain of their social networks as described on the Site. While LeadSocial's Services facilitate such publication, Customer understands LeadSocial does not actually send Content to Followers. In the case of each publication, Customer is the "sender" of Content. Accordingly, Customer acknowledges and agrees that it is solely responsible for ensuring that its use of each Social Network and each publication of Content to Followers through each Social Network: (i) complies with all applicable foreign, federal and state laws and regulations; (ii) does not violate any term, condition, rule, procedure, policy or other guideline published by such Social Network; and (iii) does not infringe on, misappropriate or otherwise violate the intellectual property, privacy or other rights of any third party. Customer expressly agrees that it will not use the Services: (a) to send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (b) to send or store infringing, obscene, threatening, harassing, libelous, or otherwise unlawful or tortuous material, including material harmful to children or violative of third party privacy rights; (c) to send messages to any purchased (recipient) lists, purchased distribution lists, purchased newsgroups, or purchased email addresses; (d) to send or store material containing harmful or malicious code; or (e) in any other manner which violates any applicable law. Customer understands and agrees that it is solely responsible for all fees charged by a Social Network. The termination of Customer's access to, or use of, any Social Network will not terminate this Agreement and LeadSocial is not responsible for any affect on the Services arising from such termination. LeadSocial reserves the right to discontinue the Services (or any part thereof) with or without notice, if Customer's use of the Service violates any terms or condition set forth in this Agreement or in any agreement between Customer and a Social Network.
In connection with its provision of the Services, LeadSocial will collect, consolidate and analyze personal information and data about Customer Social Data (the "Data"). LeadSocial will not own any Data; provided, however, that Customer hereby grants to LeadSocial a non-exclusive, perpetual, Worldwide license to use non-personally identifiable Customer Social Data in aggregate and blinded formats that do not identify, reference or imply an association with, Customer or its Followers, for the purposes of creating benchmarking, statistical, research and marketing analyses, surveys, reports and studies. After the thirtieth (30th) day following any termination or expiration of this Agreement, Customer agrees LeadSocial has no obligation to retain the Customer Social Data and may delete and destroy such Customer Social Data without providing Customer with notice of such deletion. If Customer uses the Services during the free trial period described in Section 3 above and fails to convert its account to a standard paid account upon the expiration or other termination of such trial period, LeadSocial may delete the Customer Social Data after the date of such expiration or termination. Subject to the license set forth herein, Customer Social Data will be considered Customer's Confidential Information.
The Service is made available on a pay-as-you-go basis and is charged at the start of Your elected subscription term (generally monthly or annually). If You do not provide Your credit card or other payment information to LeadSocial before the expiration of any free trial period, Your account will be suspended until payment information and charge authorization are provided. You will be promptly billed and, if applicable, any trial period will terminate. Thereafter, Your subscription will renew automatically based on Your plan's renewal cycle. The Service provides an interface for the account owner to change credit card information (e.g., upon card renewal). The account owner will receive a receipt upon each payment received, or they may obtain a receipt from within the application to be able to track the status of Your subscription.
If you sign up for an account with a free initial trial period, and you do not cancel that account within the first 30 days after it was initially created, you will automatically be billed monthly starting on the 30th day after your account was initially created.- If you cancel your account prior to the beginning of the 30th day, you will not be charged.
Purchased Services are billed in advance on a monthly basis and are non-refundable. This means that there will be no refunds for partial months of service, or for months where the Services were unused.
All fees are exclusive of taxes, levies, withholdings or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, withholdings or duties in addition to the fees.
LeadSocial may change the Services at any time and from time to time without notice. Any changes to the Services, including releases of new features, tools or resources, shall be subject to these Terms of Service. LeadSocial may also stop (temporarily or permanently) providing the Services (or any part of the Services) to you or to its customers generally without prior notice.
Prices of all Services, including but not limited to monthly subscription plan fees for Services, are subject to change upon 30 days notice from LeadSocial. Such notice may be provided at any time by posting the changes on LeadSocial's website (currently located at www.leadsocial.com). LeadSocial shall not be liable to you or to any third party for any change to the Services, price change, suspension or discontinuance of the Services.
LeadSocial has sole discretion in determining whether to accept or refuse your request for a subscription to the Website and may refuse your request to subscribe to the Website or use of the Software in its sole and absolute discretion and without the need to provide explanation. LeadSocial has no liability whatsoever for such refusal.
It is acknowledged by you that the Services permit you to access and use content and services provided by the third party providers. You must consent to observe the related Terms of Service of any those third party providers.
The Service may contain links to, or otherwise may allow You to connect to and use certain third party products, services or software under separate terms and conditions (collectively, “Other Services”) in conjunction with Our Service. If You decide to access and use such Other Services, be advised that Your use is governed solely by the terms and conditions of such Other Services, and we do not endorse, are not responsible for, and make no representations as to such Other Services, their content or the manner in which they handle Your data. LeadSocial is not liable for any damage or loss caused or alleged to be caused by or in connection with Your access or use of any such Other Services, or Your reliance on the privacy practices or other policies of such Other Services. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
The Service may contain features that enable various Other Services (such as social media services like Facebook and Twitter) to be directly integrated into your LeadSocial experience. To take advantage of these features, You will be required to register for or log into such Other Services on their respective websites. By enabling third party services within the Service, You are allowing LeadSocial to pass Your log-in information to these Other Services for this purpose.
LeadSocial hereby grants you a limited, nonexclusive, revocable, and non-transferable license to use and access the Website and the LeadSocial Services deployed by LeadSocial solely for your personal, non-commercial, and commercial use, provided you retain all copyright and other proprietary notices, and pursuant to the requirements and restrictions of these Terms of and Conditions. You shall not frame or utilize framing techniques to use, surround, or enclose any of LeadSocial's names, trademarks, service marks, logo, or other proprietary information (including images, text, page layout, or form) of LeadSocial or our affiliates or subsidiaries without LeadSocial's express written consent. You shall not use any meta tags or any other “hidden text” utilizing LeadSocial's name or trademarks without the express written consent of LeadSocial.
As a condition of your use of the Website or a LeadSocial Service, you shall not use the Website or a LeadSocial Service for any purpose that is unlawful or prohibited by these Terms and Conditions. You shall not deep-link to the Website or a LeadSocial Service for any purpose without LeadSocial's prior written consent. If you breach any of these Terms and Conditions, your authorization to use the Website and every LeadSocial Service automatically terminates and you must immediately destroy any downloaded or printed materials. Any rights not expressly granted by these Terms and Conditions are reserved by LeadSocial. If you use the Website or a LeadSocial Service other than as permitted in the license, you will be violating LeadSocial's copyright and other proprietary rights.
You shall not use or attempt to use any spider, robot, bot, scraper, data miner, or any other program, device, algorithm, process, or methodology to access, acquire, copy, or monitor the Website or a LeadSocial Service, or data or content found therein.
No child under the age of 13 may use the Website or a LeadSocial Service and no parent or legal guardian may agree to these Terms and Conditions on their behalf. If we become aware that a child under 13 has provided or attempted to provide us with personal information, we will use our best efforts to remove the information permanently from our files. If you are under the age of 18 but at least 13 years of age, you may use the Website or a LeadSocial Service only under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions. If you are a parent or legal guardian agreeing to these Terms and Conditions for the benefit of a child between the ages of 13 and 17, be advised that you are fully responsible for his or her use of the Website, including all financial charges and legal liability that he or she may incur.
LeadSocial is a registered trademark owned by LeadSocial. No LeadSocial trademarks may be used in connection with any product or service that is not LeadSocial's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits LeadSocial. All other trademarks and logos used in the Website are the trademarks, service marks or logos of their respective owners. LeadSocial does not make any claims to the marks of others that might appear on the Website or a LeadSocial Application. You gain no right to use any marks of LeadSocial or any other entity by virtue of your use of the Website or a LeadSocial Application.
You shall not access or try to access any information through the Website or LeadSocial Application that does not pertain to you or that is not accessible through the normal use of a browser. If you access information about another individual or entity, or otherwise receive information you are not authorized to receive through the Website or a LeadSocial Application, or if you become aware that someone else has accessed or attempted to access information that person was not authorized to receive through the Website or a LeadSocial Application, you shall immediately cease such unauthorized access, notify LeadSocial of the unauthorized access, and assist LeadSocial in identifying and correcting the circumstances that permitted such unauthorized access. You shall keep confidential all information concerning another individual or entity confidential that you received through such unauthorized access, shall not use such information, shall return such information to LeadSocial immediately, and shall not transmit it to any other person or entity.
THE SERVICE, INCLUDING THE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW, AND LEADSOCIAL EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT LEADSOCIAL DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM LEADSOCIAL OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) WILL EITHER PARTY TO THESE TERMS, OR SUCH PARTY'S AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, BUSINESS INTERRUPTION OR ANY OTHER LOSS INCURRED BY SUCH PARTY IN CONNECTION WITH THESE TERMS OR THE SERVICE, REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, LEADSOCIAL'S (INCLUDING ANY OF ITS AFFILIATES) AGGREGATE LIABILITY, FOR DAMAGES (MONETARY OR OTHERWISE) UNDER THESE TERMS CLAIMED BY YOU OR ANY THIRD PARTY ARISING FROM OUR SERVICE, SHALL BE LIMITED TO THE LESSER OF (I) ACTUAL DAMAGES INCURRED, OR (II) PAYMENTS MADE BY YOU FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE ESSENTIAL PURPOSE OF THIS SECTION 14 IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES AND LIMIT THEIR POTENTIAL LIABILITY GIVEN THE FEES CHARGED UNDER THIS AGREEMENT, WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF LEADSOCIAL WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN. THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THESE TERMS.
Some states in the United States of America/other countries than the Netherlands, do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to You. IN THESE STATES AND COUNTRIES, LEADSOCIAL’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Customer agrees to indemnify, defend and hold harmless LeadSocial and its affiliates, subsidiaries, officers, directors, stockholders, employees, consultants, representatives, agents, successors and assigns from and against any and all claims, losses, liabilities, sums of money, damages, expenses, costs (including, but not limited to, reasonable attorneys' fees) and/or actions arising from: (i) Customer's (or Agency Client's (as defined below)) violation of any applicable law; (ii) Customer's (or Agency Client's) breach of any term, condition, representation or warranty set forth in this Agreement; (iii) any claim or action brought by a Social Network; and/or (iv) any claim or action brought by a Follower.
In LeadSocial's sole discretion, and without prior notice, LeadSocial may terminate your access to the Website or exercise any other remedy available and remove any unauthorized user information or content, if LeadSocial believes that you have (i) violated these Terms and Conditions, (ii) infringed the rights of LeadSocial or a third party, (iii) violated the law, or (iv) acted or conducted yourself in an offensive or inappropriate manner or submitted materials or information that is offensive, malicious, or inappropriate. You agree that monetary damages may not provide a sufficient remedy to LeadSocial for violations of these Terms and Conditions, and you consent to injunctive or other equitable relief for such violations.
Although LeadSocial attempts to ensure the integrity and accurateness of the Website and the LeadSocial Applications, it makes no guarantees as to their correctness or accuracy. It is possible that the Website and the LeadSocial Applications could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions, and alterations could be made by third parties. In the event that an inaccuracy arises, please inform LeadSocial so that it can be corrected. Information contained on the Website or the LeadSocial Applications may be changed or updated without notice.
LeadSocial respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (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 us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you 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 copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, LeadSocial will also terminate a user's account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
Attn: Copyright Agent
1017 CJ Amsterdam
The Services are Available "AS-IS"
You agree and accept full responsibility for compliance with all applicable Dutch laws to be used with regards to any interactions with the Website and/or the Software as well as with LeadSocial services and Applications.
By choosing to access the Website or a LeadSocial Application from any location other than the Netherlands, you accept full responsibility for compliance with all applicable local laws. LeadSocial makes no representation that materials on the Website or the LeadSocial Applications are appropriate or available for use in locations outside the Netherlands, and accessing them from territories where their contents are illegal is prohibited. You shall not use, export or re-export any materials from the Website or the LeadSocial Applications in violation of any applicable laws or regulations, including, but not limited to, any Dutch export laws and regulations.
You understand that LeadSocial uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.
You understand that the technical processing and transmission of the Services, 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.
If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage of other LeadSocial customers (as determined by LeadSocial in its sole discretion), LeadSocial reserves the right to immediately disable or impose restrictions upon your account until you reduce your bandwidth consumption.
The failure of LeadSocial to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and LeadSocial and governs your use of the Services, superseding any prior agreements between you and LeadSocial (including, but not limited to, any prior versions of the Terms of Service). A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Subject to LeadSocial's ability to amend these Terms of Service, they cannot be changed.
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.
You may not assign these Terms of Service or any of your rights or obligations under these Terms of Service to a third party. Subject to the foregoing, these Terms of Service shall enure to the benefit of and be binding upon you and LeadSocial and their respective successors (including any successor by reason of amalgamation) and assigns.
You agree that if You sue LeadSocial and do not obtain judgment in your favour, you will pay all of LeadSocial's costs, including reasonable fees for in-house and outside legal counsel.
If you have a question about this Terms of Service agreement, please email our customer service department (firstname.lastname@example.org).