2. Sharing Your Content and Information. You own all of the content and information you post/publish using the Service, and you can control how it is shared through your account settings. In addition:
3. Unacceptable Content. We require the following commitments by you in order to publish and continue to publish your content in conjunction with the Service:
4. Registration and Account Security. Users are required to provide their real names and information, and no exceptions will be made. By using the Service, you agree to the following commitments:
If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is appropriate (such as a username which is sexually explicit, harmful to another person or entity or which is protected by trademark or copyright).
6. Special Provisions Applicable to Developers. If you are a developer or operator of an application or website, you are responsible for your application and its content. This includes ensuring your application and use meets our Policies and our Advertising Guidelines.
In addition, you will comply with all other restrictions contained in our Third Party Policies.
7. Advertisements and Other Commercial Content. Our goal is to deliver ads and commercial content that are valuable to our users and advertisers. By using the Service, you agree to allow us to share your identifying information with advertisers and associate your information with commercial, sponsored, or related content served or enhanced by us. We do not give your content or non-essential information to advertisers without your consent. You understand that we may not always identify paid services and communications as such.
8. Special Provisions Applicable to Software. If you download our software, such as a stand-alone software product or a browser plugin, you agree that from time to time, the software may download upgrades, updates and additional features from us in order to improve, enhance and further develop the software. You will not modify, create derivative works of, decompile or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license or we give you express written permission. You agree to hold us harmless in regards to any software not provided through the service or by us, including third party software.
9. Amendments. We reserve the right to change this Agreement if we provide you notice by email or by updating this Terms page. For advanced notice of any future changes to this Agreement, please ensure your email address is up-to-date on your account. You will be given seven day grace period to comply with amendments to this Agreement, from the date of publication on our Terms page, before taking any action. However, any changes made for legal or administrative reasons, or to correct an inaccurate statement, may be made without notice and will become immediately effective without a grace period. Your continued use of the Service following changes to our terms constitutes your acceptance of our amended terms.
10. Termination. If, at any time, you violate the letter or spirit of this Agreement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of the Service to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. We reserve the right to terminate your account for any reason, regardless of the amount of time which has passed since your violation. In all such cases, this Agreement shall terminate, but the following provisions will still apply: 2.1, 2.2, 2.4, 2.4, 3-5, 8.2, 6.1-6.3, 6.9, 6.10, 6.13, 6.15, 6.18, 6.27, and 7-14.
12. Special Provisions Applicable to Users Outside the United States. We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with the Service outside the United States:
For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with the Service (IP License). This IP License ends when you request in writing to terminate your use of the Service; however, termination of the IP License shall only apply to future content and content published, distributed or used prior to the termination shall remain protected by the IP License and shall be non-revocable.
When you delete IP content from your website, blog or social media accounts (or other accounts outlined within the Agreement), content distributed under the IP License will remain intact and available to others through the Service.
When using the Service, third party applications may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information. We are not responsible for the actions of any third party service and by using such service you agree to hold harmless Grosh, Inc., its employees, board, contractors, partners and providers, and their heirs.
When you publish content or information using the Service, you are allowing everyone, both online and offline, to access and use that information, and to associate it with you, without any obligation to compensate you for them.
You will not post unauthorized commercial communications (such as spam).
You will not collect users' content or information, or otherwise use the Service, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
You will not engage in unlawful multi-level marketing, such as a pyramid scheme.
You will not upload viruses or other malicious code.
You will not solicit login information or access an account belonging to someone else unless you have been given explicit permission.
You will not bully, intimidate, or harass any user, reader or person.
You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
You will follow our Promotions Guidelines and all applicable laws if you publicize or offer any contest, giveaway, or sweepstakes (“promotion”) while using the Service.
You will not use the Service to do anything unlawful, misleading, malicious, or discriminatory.
You will not do anything that could disable, overburden, or impair the proper working or appearance of the Service, such as a denial of service attack or interference with page rendering or other functionality.
You will not facilitate or encourage any violations of this Agreement or our policies.
You will not provide any false personal information or create an account for anyone other than yourself without permission.
You will not create more than one personal account.
If we disable your account, you will not create another one without our permission.
You will not use your personal account for your own commercial gain (such as selling your status update to an advertiser).
You will not use the Service if you are under 13.
You will not use the Service if you are a convicted sex offender.
You will keep your contact information accurate and up-to-date.
You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account or another user's account.
You will not transfer your account to anyone without our written permission.
Your access to and use of data you receive from the Service will be limited as follows:
You will only request data you need to operate your application.
You will delete all data you receive if the user asks you to do so, and will provide a mechanism for users to make such a request.
You will not include data you receive from a user in any advertising creative.
You will not directly or indirectly transfer any data to (or use such data in connection with) any ad network, ad exchange, data broker, or other advertising related toolset, even if a user consents to that transfer or use.
You will not sell user data. If you are acquired by or merge with a third party, you can continue to use user data, but you cannot transfer user data outside of your application.
We can require you to delete user data if you use it in a way that we determine is inconsistent with users’ expectations.
We can limit your access to data.
You will not give us information that you independently collect from a user or a user's content without that user's consent.
You will make it easy for users to remove or disconnect from your application.
You will make it easy for users to contact you. We can also share your physical address, email address and telephone number with users and others claiming that you have infringed or otherwise violated their rights.
You will provide customer support for your application.
You will not show third party ads with any content obtained from the Service or in close proximity to the content or user data.
We give you all rights necessary to use the code, APIs, data, and tools you receive from us.
You will not sell, transfer, or sublicense our code, APIs, or tools to anyone.
You will not misrepresent your relationship with us to others.
You may use the logos we make available to developers or issue a press release or other public statement.
We can issue a press release describing our relationship with you.
You will comply with all applicable laws. In particular you will (if applicable):
We do not guarantee that your access to the Service will always be free.
You give us all rights necessary to enable your application to work with the Service, including the right to incorporate content and information you provide to us, including an unlimited, non-exclusive, worldwide, royalty-free right to use any content provided to us.
You give us the right to link to or frame your application, and place content, including ads, around your application.
We can analyze your application, content, and data for any purpose, including commercial (such as for targeting the delivery of advertisements and indexing content for search).
To ensure your application is safe for users, we can audit it.
We can create applications that offer similar features and services to, or otherwise compete with, your application.
have a policy for removing infringing content and terminating repeat infringers that complies with the Digital Millennium Copyright Act.
comply with the Video Privacy Protection Act (VPPA), and obtain any opt-in consent necessary from users so that user data subject to the VPPA may be shared through the Service. You represent that any disclosure to us will not be incidental to the ordinary course of your business.
You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Agreement or the Service exclusively in a state or federal court located in Johnston County, North Carolina. The laws of the State of North Carolina will govern this Agreement, as well as any claim that might arise between you and us, without regard to conflict of law. You agree to submit to the personal jurisdiction of the courts located in Johnston County, North Carolina for the purpose of litigating all such claims.
If anyone brings a claim against us related to your actions, content or information made available through the Service or in conjunction with your account, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions when using the Service and are not responsible for the content or information users transmit or share when using the Service. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter when using the Service. We are not responsible for the conduct, whether online or offline, or any user.
WHILE WE MAKE EVERY EFFORT TO ENSURE THAT THE SERVICE IS PROVIDED TO YOU VIRUS-FREE, BUG-FREE, AND SAFE, YOUR USE IS AT YOUR OWN RISK. WE ARE PROVIDING THE SERVICE AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SERVICE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. GROSH, INC. IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. YOU WAIVE ANY LAW NOW ENFORCED OR HEREAFTER ENACTED WHERE A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT OR THE SERVICE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, GROSH, INC.'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You consent to having your personal data transferred to and processed in the United States.
If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities through the Service (such as advertising or payments) or operate an application or website which uses content from or distributes content to the Service.
By "Service" we mean the features and services we make available, including through (a) our websites at www.social-intercourse.com, www.mixxmagazine.com and www.groshblog.com and any other Grosh, Inc. branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our blogging platform or a Third Party blogging platform; (c) our use of Third Party social media and social bookmarking platforms (d) other media, software (such as a toolbar), devices, or networks now existing or later developed.
By "Platform" we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from us or provide data to us, including content which is provided by us through a Third Party.
By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with the Service.
By "content" we mean anything you or other users make available to us that would not be included in the definition of information; including, but not limited to, photographs, music, videos and other intellectual property.
By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from the Service or provide to the Service through a Platform.
By "us" we mean Grosh, Inc. and any property owned, operated or managed by Grosh, Inc.; including, but not limited to, websites, blogs and advertisements.
By "post" we mean post on your website or blog, our websites or blogs or otherwise make available by using the Service.
By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
By "active registered user" we mean a user who has used the Service at least once in the previous 30 days.
By "application" we mean any application or website that uses or accesses the Service or Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data; excluding data protected under this Agreement.
If you are a resident of or have your principal place of business in the US or Canada, this Agreement is an agreement between you and Grosh, Inc. Otherwise, this Agreement is an agreement between you and Mixx Magazine, LLC. References to “us,” “we,” and “our” mean either Grosh, Inc. or Mixx Magazine, LLC as appropriate.
This Agreement makes up the entire agreement between the parties regarding the Service, and supersedes any prior agreements.
If any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect.
If we fail to enforce any of this Agreement, it will not be considered a waiver.
Any amendment to or waiver of this Agreement must be made in writing and signed by us.
You will not transfer any of your rights or obligations under this Agreement to anyone else without our consent.
All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in this Agreement shall prevent us from complying with the law.
This Agreement does not confer any third party beneficiary rights.
We reserve all rights not expressly granted to you.
You will comply with all applicable laws when using or accessing the Service.
DMCA Notice: Grosh, Inc. respects the intellectual property rights of others and is committed to helping third parties protect their rights. Our Statement of Rights and Responsibilities prohibits users from posting content that violates another party's intellectual property rights. When we receive a valid notice of infringement, we will promptly remove or disable access to the allegedly infringing content. We will also terminate the accounts of repeat infringers in appropriate circumstances.
To report the alleged use of copyrighted material, you must submit your notice in writing to; Grosh, Inc., Legal Department, 126 Hilltop Drive, Four Oaks, North Carolina 27524. Your notice must include the following: (i) the full legal name the person or entity filing the complaint; (ii) the full legal address of the person or entity filing the complaint; (iii) sufficient contact information – physical mailing address or telephone number – of the person, entity or legal representative filing the notice; (iv) the URL or applicable identifier in which the infringement is located; (v) a detailed description of the material, including all text, in which the infringement is alleged; (vi) a statement verifying the information contained in the complaint is accurate and factual under penalty of perjury; and (vii) the physical signature of the complaining party or, when applicable, a Power-of-Attorney granting permission to the complaining party's legal representative. Any incomplete notice or complaint will be rejected.
You will not use our copyrights or trademarks or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.
Required Information. In order to use our service, we require certain information from our users. This information includes your name, email address, social media account URLs and information about your blog, as necessary to provide our service.
Voluntary Information. From time to time, we may ask for your participation completing questionaires or providing analytic data regarding your blog and our service. The information you provide is voluntary. As the information we request changes, any information obtained which is not required to delivery services is considered voluntary information.
Use of Required Information. Information we request as necessary to deliver services is mandatory. Failure to provide this information will result in immediate suspension of your account. This information is required for software and tracking purposes. Required information is only accessible by our employees and directors, and will not be shared with any partner, third-party provider or other outside source without your permission; unless sharing such information is outlined and described within this agreement.
Use of Voluntary Information. Information provided to us which is not required information (as outlined above), is for our sole use. This information is used to track content distribution, user volume, community interaction, advertising revenue and other analytics purposes. This information is never disclosed to any other person or company, including partners, third-party providers or other outside sources without your permission.
Lawful Disclosure. Your information may be released to proper law enforcement officials if, (i) the content of your blog is illegal in nature; (ii) your content causes potential risk of another person; or (iii) such disclosure is required by subpeona, court order or some other legal instrument.
This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
Date of Last Revision: December 30, 2012.
Statement of Rights and Responsibilities
This Agreement ("Agreement," "Terms," or "ToS") is our terms of service that governs our relationship with users and others who interact with Social-Intercourse.com and accounts owned or controlled by Grosh, Inc. when providing content marketing services ("the Service"). By using or accessing the service, you agree to this Agreement, as updated from time to time in accordance with Section 9 below.
1. Privacy. Your privacy is very important to us. We will never collect or disclose your information without your express consent.
Social Intercourse is an online marketing service, backed by a team of social media, SEO and marketing professionals with
expertise in: content curation and distribution, organic search engine optimization, search and social management, digital media,
analytics and metrics, software development, and new media marketing strategy implementation.