1. ACCESS TO THE SERVICES
Subject to the terms and conditions of this Agreement, Socialserve.com may offer to provide certain services [“Services”], as described more fully on the Site, and which are selected by the User through the process provided on the Site. Any use for the benefit of a third party must be free of charge and at no time can a listing obtained through our services have any fees associated with it. Nor can any party charge a landlord for adding properties to the service. Services shall include, but not be limited to, any services Socialserve.com performs for the User, as well as the offering of any content on the Site. Socialserve.com may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. Socialserve.com may also impose limits on certain features and services or restrict the User’s access to parts or all of the Services without notice or liability. Socialserve.com reserves the right, at its discretion, to modify this Agreement at any time. The User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by the User constitutes the User’s acceptance of the terms and conditions of this Agreement and subsequent modified agreements.
The User certifies that she/he is legally permitted to use the Services and access the Site, and User takes full responsibility for the selection and use of the Services and access of the Site. Users right to access the Site is revoked in any jurisdiction where this Agreement is prohibited by law.
The User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. The User shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.
2. SITE CONTENT
The Site and its contents are intended solely for the use of Socialserve.com and its affiliates and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Site including, but not limited to, search results, data, text, graphics, software, news articles, photographs, images, illustrations, audio clips and video clips [collectively the “Content”] are protected by copyrights, trademarks, trade secrets or other proprietary rights, and owned or controlled by Socialserve.com or its third party content providers. The User shall abide by all copyright notices and restrictions contained in any Content accessed through the Services or the Site.
Socialserve.com is a service mark of Socialserve.com or its affiliates. All rights reserved. These and other Site graphics, logs and service marks and trademarks of Socialserve.com and its affiliates may not be used without prior written consent of Socialserve.com or its affiliates, as the case may be. All other trademarks, product names, and company names and logos appearing on the Site are the property of their respective owners.
The Site and all Content are copyrighted as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The User may not modify, remove, delete, add to, publish, transmit, participate in the transfer or sale of, reproduce [except as expressly provided in this Section], create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
The User may download or copy the Content and other items displayed on the Site for personal use only, provided that the User maintains all copyright notices, trademark legends, and other notices contained in such Content. The User shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written consent from Socialserve.com or from the copyright holder identified in such Content’s copyright notice.
Use of property lists for dissemination to third parties for a fee is strictly prohibited. Distribution of property lists obtained through Socialserve.com or one of its affiliated websites for a fee is strictly prohibited. All lists obtained through Socialserve.com or one of its affiliates’ websites must maintain the Socialserve.com’s or its affiliates’ headers and footers. Unauthorized replacement of headers and/or footers, or “framing” the Socialserve.com website without the prior written consent of Socialserve.com is strictly prohibited.
The User acknowledges and agrees that if the User uses any of the Services to contribute Content to the Site, such Content shall become Socialserve.com’s property. The User hereby assigns all rights, title and interests in and to such contributions to Socialserve.com. The User warrants and represents that it will not contribute any Content that is unlawful, libelous, defamatory, obscene, pornographic, harmful, threatening, harassing, vulgar, sexually explicit, profane, hateful, abusive, racially or ethnically objectionable or that otherwise violates any law or could give rise to civil liability.
The User is responsible for all of its activity in connection with the Services and accessing the Site. Any fraudulent, abusive, harmful or otherwise illegal activity together with any acts that violate any terms of this Agreement may be grounds for termination of the User’s right to Services or to access the Site. The User may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Socialserve.com User.
Use of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including any deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. The User will not run Maillist, Listserv, any form of auto-responder, or “SPAM” on the Site, or any processes that run or are activated while the User is not logged in.
4. WARRANTY DISCLAIMER
Socialserve.com has no special relationship with or fiduciary duty to the User. The User acknowledges that Socialserve.com has no control over, and no duty to take any action regarding: which Users gain access to the Site; what Content the User accesses via the Site; what effects the Content may have on the User; how the User may interpret or use the Content; or what actions the User may take as a result of having been exposed to the Content. The User releases Socialserve.com from all liability for the User having acquired or not acquired Content through the Site. The Site may contain, or direct the User to sites containing, information that some people may find offensive or inappropriate. Socialserve.com makes no representations concerning any content contained in or accessed through the Site, and Socialserve.com will not be responsible or liable for, and makes no representations with respect to, the accuracy, reliability, copyright compliance, legality or decency of material, information or services contained in or accessed through the Site. User expressly agrees that use of the Site is at User’s sole risk. THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND. Socialserve.com DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USERS IN SUCH STATES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY Socialserve.com NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE [18 USC 2701-2712]: Socialserve.com MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB-SITE LINKED TO THE SITE. Socialserve.com will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Socialserve.com’s equipment, transmitted over networks accessed by the Site, or otherwise connected with the User’s use of the Services.
5. REGISTRATION AND SECURITY
As a condition to using Services, the User may be required to register with Socialserve.com and select a password and username [“User ID”]. The User shall provide Socialserve.com with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of the User’s account. The User may not [i] select or use as a Socialserve.com the User ID a name of another person with the intent to impersonate that person; or [ii] use as a Socialserve.com User ID a name subject to any rights of a person other than the User without appropriate authorization. Socialserve.com reserves the right to refuse registration of, or cancel, a Socialserve.com User ID in its sole discretion. The User shall be responsible for maintaining the confidentiality of the User’s Socialserve.com password.
The User will indemnify and hold Socialserve.com, its parents, subsidiaries, affiliates, officers, directors and employees harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees and expenses related to or arising from User’s use of the Site, any claim or demand made by any third party due to or arising out of the User’s access to the Site, use of the Services, the violation of this Agreement by the User, or the infringement by the User, or any third party using User’s account, of any intellectual property or other right of any person or entity.
7. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCE SHALL Socialserve.com OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM THE SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, ELECTRONIC OR COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, INTERFERENCE OR UNAUTHORIZED ACCESS TO THE SITE’S RECORDS, PROGRAMS OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT AND SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
8. FEES AND PAYMENT
Some of the Services may, at some point in time, require payment of fees. The User shall pay all applicable fees, as described on the Site in connection with such Services selected by the User. Socialserve.com reserves the right to change its price list and to institute new charges at any time, upon notice to the User, which may be sent by email or posted on the Site. Use of the Services by the User following such notification constitutes the User’s acceptance of any new or increased charges.
Socialserve.com may suspend or terminate the Services and User’s access to all or part of the Site, without notice, for any conduct that Socialserve.com, in its sole discretion, believes is in violation of any terms or provisions of this Agreement or any applicable law or is harmful to the interests of another User, a third party provider, a service provider, or Socialserve.com or its affiliates. Upon termination, the User’s right to use the Services, access the Site, and any Content will immediately cease. All provisions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
11. THIRD PARTY SITES
Socialserve.com may contain links to third-party websites. Socialserve.com provides these links solely to assist users in locating other Internet resources that may be of interest to them and you assume sole responsibility and risk for your use of links to third-party websites. Socialserve.com does not operate or control in any respect any information, content, products or services on such third-party websites. Socialserve.com does not represent or endorse the accuracy or reliability of any of the information, content or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the services contained on these third-party websites. No reference or link to a third party or a third party site shall constitute an endorsement of such third party or such third party sites.
The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations-including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the Site to either a foreign national or a foreign destination in violation of such laws.
The failure of Socialserve.com to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. No waiver of any rights by Socialserve.com shall be effective for any purpose unless in writing and signed by Socialserve.com. Any such waiver shall not be construed to be a waiver of any subsequent right, term or provision of this Agreement.
14. APPLICABLE LAW
This site is created and controlled by Socialserve.com in the State of North Carolina. As such, the laws of the State of North Carolina will govern the disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. Socialserve.com reserves the right to make changes to the Site and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of North Carolina, and of the courts of the United States of America located in the State of North Carolina for any litigation arising out of or relating to use of or transactions made through Socialserve.com. User agrees not to commence any litigation relating thereto except in such courts, waives any objection to the laying of venue of any such litigation in the courts of the State of North Carolina, and agrees not to plead or claim in any court in the State of North Carolina that such litigation brought therein has been brought in an inconvenient forum.
The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
This Agreement, including all documents referenced herein, represents the entire understanding between User and Socialserve.com regarding User’s relationship with Socialserve.com and supersedes any prior statements or representations. USER AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT by using the Site. The terms of this Agreement are subject to change at any time without notice to User.
More information on our disclaimer page.
Updated November 19, 2012
Any translation into languages other than English is intended solely as a convenience to the non-English-reading public. We have attempted to provide an accurate translation of the text, but the official text is the English text and any differences in the translation are not binding and have no legal effect.