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Date of Last Revision: May 13, 2011.
TheSocialCork.com is referred to as "The Social Cork" throughout this Terms of Service Page.
By accessing or registering with The Social Cork, you agree to the following terms.
Safeguarding the information you share with us; we recognize our responsibility to protect the information you entrust to us. TOS uses a variety of secure techniques to protect your information, including secure servers, firewalls, and encryption of personal data.
Once you have provided us with your personally identifiable information, you will have access to that information so you can change or delete it.
Users may not impersonate any person or entity or misrepresent another user's identity, including by using another person's account information. Notwithstanding the foregoing, users acknowledge that The Social Cork does not guarantee the accuracy of any information submitted by any user, including account information about the user.
Accounts on TheSocialCork.com are protected by a username and password. You are fully responsible for all activities conducted through your account. You are responsible for maintaining the confidentiality of your username and password and for any use of your username or password to gain access to your account and your account information. If you disclose your username or password to any other person, it is at your own risk.
You agree to use TheSocialCork.com only for lawful purposes:
You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through TheSocialCork.com will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights, or contain libelous, defamatory or otherwise unlawful material.
You specifically agree not to upload, post, transmit, share, store or otherwise make available on the Web Site:
material that is, or may be, protected by copyright, without permission from the copyright owner;
material that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
material that contains software viruses, corrupted data, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
material that employs misleading e-mail addresses, forged headers or otherwise manipulated identifiers in order to disguise the origin of the content.
You further specifically agree not to do any of the following:
use TheSocialCork.com to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction;
register for more than one user account or register for a user account on behalf of an individual other than yourself;
impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
solicit personal information from anyone under eighteen (18) years of age or solicit passwords or personally identifying information for commercial or unlawful purposes;
intercept or attempt to intercept electronic mail not intended for you;
restrict or inhibit use of TheSocialCork.com by others;
collect information about others (including e-mail addresses) without their consent for third-party services or communication;
obscure or efface the banner advertisements on your personal profile page, or any Web Sites page, through any means;
engage in any automated use of TheSocialCork.com, including, without limitation, using scripts to send comments or messages or to post content;
download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over TheSocialCork.com or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Web Site);
engage in any other conduct that, in the sole judgment of The Social Cork, restricts or inhibits anyone's use or enjoyment of TheSocialCork.com, or which, as determined by The Social Cork, may harm The Social Cork or users of TheSocialCork.com or expose them to liability.
Your failure to comply with the provisions of (a), (b) or (c) above may result in the suspension or termination of your access to TheSocialCork.com and may expose you to civil and/or criminal liability.
You understand that The Social Cork is not responsible for content made available through TheSocialCork.com and that, under these Terms of Service, content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable may not be made available on TheSocialCork.com.
Any content and/or opinions uploaded, expressed or submitted to a feed or any other publicly available section of TheSocialCork.com, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of The Social Cork.
The Social Cork reserves the right, but does not assume any responsibility, to
However, The Social Cork can neither review all material before it is posted on TheSocialCork.com nor ensure prompt removal of objectionable material after it has been posted. Accordingly, The Social Cork assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties.
The Social Cork reserves the right to take any action it deems necessary to protect the personal safety of users of TheSocialCork.com and the public; however, The Social Cork has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
You understand and acknowledge that you are responsible for whatever content you submit, post, transmit through, or link from TheSocialCork.com and you, not The Social Cork, have full responsibility for such content, including its legality, reliability and appropriateness.
By uploading or otherwise transmitting material to any area of TheSocialCork.com, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to post it to TheSocialCork.com.
Furthermore, by posting content to any part of TheSocialCork.com, you grant to The Social Cork, and you represent and warrant that you have the right to grant to The Social Cork, an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, prepare derivative works of, incorporate into other works, reformat, translate, excerpt (in whole or in part), distribute, and sublicense such content for any purpose, commercial, advertising, or otherwise, on or in connection with TheSocialCork.com, including without limitation for promoting and redistributing part or all of TheSocialCork.com (and derivative works thereof), through any media channels and in any media formats (e.g., web-enabled mobile devices, streaming media), now existing or existing in the future.
You may remove your content from TheSocialCork.com at any time. If you choose to remove your content, the license granted above will automatically expire. However you acknowledge that The Social Cork may retain archived copies of your content.
The Social Cork does not assert any ownership over your content; rather, as between The Social Cork and you, subject to the rights granted to The Social Cork in these Terms of Service, you retain full ownership of all of your content and any intellectual property rights or other proprietary rights associated with your content.
You acknowledge that some of the content you post to TheSocialCork.com, such as your user profile, will be displayed publicly on TheSocialCork.com along with your name and other personally identifiable information. Some circumstances will enable you to mark certain information as private, including your user profile. Accordingly, subject to the use of available privacy features, when you post content to TheSocialCork.com, you acknowledge that you may be attributed as the author of such content.
You agree that The Social Cork may edit any list of authors to exclude minute or irrelevant contributions.
THE SOCIAL CORK IS NOT RESPONSIBLE FOR THE USE OF ANY PERSONAL INFORMATION THAT YOU DISCLOSE ON OR THROUGH THESOCIALCORK.COM. PLEASE CAREFULLY SELECT THE TYPE OF INFORMATION THAT YOU POST ON THESOCIALCORK.COM OR RELEASE TO OTHERS.
The Social Cork may contain links to other Web sites on the Internet. The Social Cork is not responsible for and does not endorse the content, products, services or practices of any third-party Web sites, including, without limitation, sites framed within TheSocialCork.com or third-party advertisements, and does not make any representations regarding their quality, content or accuracy.
Your use of third-party Web Sites are at your own risk.
If you decide to leave TheSocialCork.com and access third-party Web sites or to use or install any third-party applications, software or content, you do so at your own risk and you should be aware that these Terms of Service and The Social Cork's other policies no longer govern.
You should review the applicable terms and policies, including privacy and data gathering practices, of any Web Sites to which you navigate from TheSocialCork.com or relating to any applications you use or install from any third-party Web Sites.
The Social Cork does not assume any liability for the materials, information and opinions provided on, or available through, TheSocialCork.com, whether made available by The Social Cork, Web Sites users, or any other third party (the "Site Content").
Reliance on the Site Content is solely at your own risk. The Social Cork disclaims any liability for injury or damages resulting from the use of any Site Content.
The Social Cork assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. The Social Cork is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or at any Web Sites or combination thereof, including injury or damage to your computer or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with TheSocialCork.com.
UNDER NO CIRCUMSTANCES SHALL THE SOCIAL CORK BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY, PROPERTY INJURY, OR DEATH, RESULTING FROM USE OF THESOCIALCORK.COM, FROM ATTENDANCE AT, PARTICIPATION IN, OR INVOLVEMENT IN ANY WAY WITH AN EVENT, FROM ANY CONTENT POSTED ON OR THROUGH THESOCIALCORK.COM, OR FROM THE CONDUCT OF ANY USERS OF THESOCIALCORK.COM, WHETHER ONLINE OR OFFLINE.
THESOCIALCORK.COM, THE SITE CONTENT AND THE SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS WEB SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. NEITHER THE SOCIAL CORK NOR ANY PERSON ASSOCIATED WITH THE SOCIAL CORK MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF THESOCIALCORK.COM. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER THE SOCIAL CORK NOR ANYONE ASSOCIATED WITH THE SOCIAL CORK WARRANTS OR REPRESENTS THAT THESOCIALCORK.COM, THE SITE CONTENT OR THE SERVICES PROVIDED ON OR THROUGH THESOCIALCORK.COM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THESOCIALCORK.COM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THESOCIALCORK.COM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE SOCIAL CORK DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
IN NO EVENT WILL THE SOCIAL CORK OR ITS DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR CONTRACTORS BE LIABLE TO YOU OR TO ANY THIRD PERSON FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THESOCIALCORK.COM, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THESOCIALCORK.COM OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS, LOST DATA, OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THESOCIALCORK.COM OR THE SITE CONTENT OR SERVICES, WHETHER OR NOT THERE IS NEGLIGENCE BY THE SOCIAL CORK AND WHETHER OR NOT THE SOCIAL CORK HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT OR SOFTWARE FROM OR THROUGH THESOCIALCORK.COM AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
You agree to indemnify and hold harmless The Social Cork and its affiliates, third party information providers, licensors, contractors and others involved in TheSocialCork.com or the delivery of products, services or information over TheSocialCork.com, from and against any and all liabilities, expenses, damages and costs, including reasonable attorneys' fees, arising from or related to
any violation by you of these Terms of Service
your use of TheSocialCork.com or any products, services or information obtained from the Web Site;
any content that you upload, post, transmit, share, store or otherwise make available on TheSocialCork.com, whether the content was created by you or created by a third party
your conduct in connection with TheSocialCork.com or in connection with other users of the Web Site;
or any violation of any law or the rights of any third party.
The entire contents of TheSocialCork.com (including all information, software, text, displays, images and audio) and the design, selection and arrangement thereof, are proprietary to The Social Cork or its affiliates or licensors and are protected by U.S. and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the content on TheSocialCork.com for personal use or legitimate business purposes. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on this site without the prior written consent of The Social Cork, except to:
store copies of such materials temporarily in RAM,
store files that are automatically cached by your Web browser for display enhancement purposes, and
print a reasonable number of pages of the Web Site; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. You may not disassemble, reverse engineer or otherwise attempt to discover any code contained in TheSocialCork.com. Neither the title nor any intellectual property rights to any information or material in TheSocialCork.com are transferred to you, but remain with The Social Cork or the applicable owner of such content. Except as expressly authorized by The Social Cork in writing, you may not reproduce, sell or exploit for any commercial purposes
any part of TheSocialCork.com,
access to TheSocialCork.com, or
use of TheSocialCork.com or of any services or materials available through TheSocialCork.com.
The Social Cork name, The Social Cork logo and all related names, logos, product and service names, designs and slogans are trademarks of The Social Cork and/or its affiliates. You may not use such marks without the prior written permission of The Social Cork.
All other names, brands and marks are used for identification purposes only and may be the trademarks or registered trademarks of their respective owners.
You agree that you will not
use any robot, spider or other automatic device, process or means to access TheSocialCork.com or to collect information from TheSocialCork.com,
use any manual process to monitor or copy any of the material on TheSocialCork.com or for any other unauthorized purpose without the prior written consent of The Social Cork,
use any device, software or routine that interferes with the proper working of TheSocialCork.com,
attempt to interfere with the proper working of TheSocialCork.com,
take any action that imposes an unreasonable or disproportionately large load on The Social Cork's infrastructure, or
use TheSocialCork.com in any unlawful manner or in any other manner that could damage, disable, overburden or impair TheSocialCork.com.
If you become aware of any content that may infringe the copyright or other intellectual property right of a third party or that you believe to be in violation of these Terms of Service, please contact us.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
The owners of TheSocialCork.com are based in Seattle, Washington. If you access TheSocialCork.com from other locations, you are responsible for complying with local laws.
These Terms of Service conditions, as they may be amended from time to time, completely and exclusively state the agreement between you and The Social Cork, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect.
If any part of these Terms of Service is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms of Service shall remain in full force and effect.
The Social Cork's failure to insist upon or enforce strict performance of any provision of this Terms of Service shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and The Social Cork nor any trade practices shall be deemed to modify these Terms of Service.