Last Updated: Thursday, May 24, 2018 11:12 AM (PDT)
LiftMySocial takes its relationship with its users very seriously and works within its powers to protect them from fraud, abuse, and more. This Terms of Service and License Agreement ("Agreement") sets forth the relevant legal obligations, defines our responsibilities to our user base, and outlines the methods with which we handle any fraudulent or illicit activity on LiftMySocial.
1. Preliminary Terms
LiftMySocial welcomes you to the most powerful and robust social media growth service. LiftMySocial provides use of its proprietary growth techniques to increase exposure to active social media followers, and other services associated with www.LiftMySocial.com to you subject to the terms and conditions contained in this agreement, which may be updated from time to time without notice to you.
This LiftMySocial User Agreement constitutes a legally binding agreement between you (the end user) and LiftMySocial.com. The parties are further defined below. It is essential that you read and understand these terms and conditions. PLEASE READ AND PRINT THIS AGREEMENT IN ITS ENTIRETY BEFORE ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS YOU MUST ABSTAIN FROM USING ANY SERVICES IN CONNECTION WITH BOOSTIO.
You may be required from time to time to indicate your acceptance of this Agreement by marking a checkbox or other method; however, by accessing LiftMySocial, using any of the Services, or registering an account with LiftMySocial you are confirming your understanding and acceptance of the terms and conditions contained in this Agreement and as modified or changed from time to time in accordance with this Agreement. This Agreement is deemed accepted and signed by virtue of the use of LiftMySocial by you, or by your use of any of the Services.
Should you have any questions regarding the interpretation of this Agreement, you should seek independent legal advice. It is important that you read these terms and conditions carefully before accepting this Agreement. You are encouraged to print, copy, or otherwise save this Agreement in its entirety and store it along with all confirmation emails, any additional terms, transaction data, and all other policies, procedures, regulations incorporated herein by reference and any and all modifications prior to accepting its terms and conditions. LiftMySocial will not file or maintain a record of your acceptance of this Agreement. The terms and conditions contained herein represent the complete and final Agreement between you and LiftMySocial and supersede any and all prior agreements, representations or statements made by you or LiftMySocial.
LiftMySocial.com and the Services it provides are wholly owned and operated by LiftMySocial, LLC. The obligations contained in this Agreement are those of LiftMySocial and do not extend to its agents, employees, customer service representatives, merchants, vendors, contractors, managers, owner(s), attorneys, staff, affiliates, affiliated corporations or entities. Any, some, or all of the rights, terms and conditions contained in this Agreement are assignable by LiftMySocial from time to time in its discretion. Upon any such assignment, you agree that any, some, or all rights, liabilities, conditions and terms associated with this Agreement will be transferred to such assignee(s), thereby releasing LiftMySocial of some or all obligations and liabilities associated with being a party to this Agreement. If all rights, obligations, and responsibilities are assigned by LiftMySocial, the assignee and you will continue as the only parties to this Agreement. You agree that you shall be responsible for any and all fees and costs of collections and/or enforcement actions taken pursuant to this Agreement and with respect to any rights assigned pursuant to this Agreement. Any amounts due and outstanding to LiftMySocial may be transferred in whole or in part to any debt collection business or to any other party. "You" includes the individual end-user and, if applicable, your heirs, estate, issue and spouse. Notwithstanding the foregoing, the obligations of LiftMySocial under this Agreement extend to the end-user alone and do not extend to your heirs, estate, issue or spouse.
LiftMySocial reserves the right to modify and amend this Agreement at any time with or without notice to you. Such amendments will become effective immediately upon being posted by LiftMySocial. It is your sole responsibility to review this Agreement and amendments made from time to time. Any such amendments to this Agreement will supersede the prior Agreement(s) unless otherwise expressly indicated in such amendment(s).
2. Explanation of Access to Services
LiftMySocial is not affiliated with and operates completely separate from Instagram, Facebook, any Instagram third-party partners, and any other social media platform in any way. It is your sole responsibility to comply with the rules and any regulations that you are subject to regarding your Instagram, Facebook, or any other social media service.
You use LiftMySocial at your own risk. LiftMySocial is not responsible for your actions and their consequences, and we are not liable if your Instagram account or any other social media account is locked, blocked, or banned for any reason.
We require your Instagram username and password to obtain required information for the Services. We do not store, give away, or otherwise distribute your password to any third parties. However, you should always keep in mind there is a risk of losing your Instagram account as you work with that account via our Services which are not officially recognized or approved by Instagram.
LiftMySocial does not guarantee the amount of followers, likes, or comments that you will receive by use of the Services. Your social media growth is dependent on various factors, and LiftMySocial is not responsible if the results do not meet your expectations.
LiftMySocial attempts to bring as many real users to your account as possible, but we are unable to fully protect you from spam, fake, and inactive followers on social media. LiftMySocial is unable to remove unwanted followers from your social media account and is not responsible for any fake or spam interactions with your account.
Please note that if you change your password, the script you set will automatically stop. To activate it again, you should re-launch the app and re-login with the new password. During such an event, the inactive period shall not be considered or added to your membership.
LiftMySocial is not able to verify the legality of the Services it provides in every jurisdiction and as such it is your sole responsibility to ensure compliance with the applicable regulations of the jurisdiction where you are physically located while accessing the Services. You acknowledge that LiftMySocial is unable to determine where the Services it provides are being accessed from and you are required to have made a reasonable inquiry into the legality of use of Services. By accepting the terms in this Agreement you understand that LiftMySocial is unable to provide you any legal advice or assurances and that it is your sole responsibility to ensure that at all times you comply with the laws that govern you and that you have the complete legal right to use the Services in all relevant jurisdiction(s). You shall only use the Services provided by LiftMySocial if you are at least of legal age in the jurisdiction where you are physically located while accessing the Services, and you are not less than 18 years old.
Subject to the terms and conditions contained herein, LiftMySocial grants you a non-exclusive, personal, non-transferable, and non-sub-licensable right to access and use the LiftMySocial software only to access the LiftMySocial website and use the Services offered by LiftMySocial. The use of any and all Services is strictly and exclusively limited to your personal use. The LiftMySocial software and code are the valuable trade secrets and are the sole property of LiftMySocial, and/or its affiliated companies, licensors, and parent companies. In addition, all other material used in any media, correspondence, production, or demonstration by LiftMySocial including but not limited to the software, images, graphics, photographs, animations, videos, music, audio, advertisements, text and all related intellectual property rights are owned by LiftMySocial and/or its affiliated companies, licensors, parent companies, and its related companies and associated groups. You have no rights in or to any such material. All proprietary rights are reserved.
3. Special Considerations Regarding Account Access
In order to access the Services provided by LiftMySocial you will have to register an account by choosing an acceptable account user name and password, and providing other information that is required such as, but not limited to, your surname and given name, address, email, gender, birth date, and telephone number. The user name generally cannot be edited or changed by you unless approval is received by an agent authorized by LiftMySocial to grant such approval. LiftMySocial is happy to provide you with the opportunity to register your account free of charge.
LiftMySocial reserves the right to request that you produce proper documentation as proof of your age, identity and place of residence. Proper documentation may include, but is not limited to, a valid government-issued identification card, passport, official bank draft, utility bill(s), copy of credit card (both sides), copy of credit card statement and any other documentation deemed necessary to verify information provided to LiftMySocial by you. In addition, the name on your account must match your true and legal name and identity and the name that is provided on your account registration must match the name that is found on any payment account used to transfer monies into and out of your account. Without limitation, failure to timely provide full and true information regarding your identity or failure to timely provide documentation as evidence of your identity may result in your account being closed, this Agreement being terminated, and/or LiftMySocial taking other actions or remedies set forth in this Agreement.
You must only access the Services as an individual and keep all account information private and confidential. LiftMySocial assumes no responsibility for unauthorized activity on your account. You are solely responsible for your account, and you shall not permit any other person to access the Services via your account. You agree under no circumstances whatsoever will LiftMySocial be liable for any authorized or unauthorized activity associated with your account. You are obligated to notify LiftMySocial in writing where you discover any unlawful or unauthorized use of your account. You assume all risks of third parties impermissibly "hacking into" or otherwise accessing your account. You are responsible for restricting access to your computer and ensuring that your computer is free from all types of malicious code, malware, spyware, viruses, Trojans, and any other technology that may be used to track data that is transmitted to LiftMySocial or that may disrupt LiftMySocial's business. You are responsible for checking your account for any discrepancies or losses and to immediately notify LiftMySocial upon discovery of any discrepancies or losses.
LiftMySocial may engage third-party electronic payment processors and/or financial institutions to process transactions related to your account. You hereby authorize LiftMySocial to instruct such payment processors to handle deposits and withdrawals from your account in accordance with requests made by you using the Services. You shall be bound by the terms and conditions of the payment processors. LiftMySocial shall not be liable for unlawful behavior or misconduct of any payment processor.
You may not sell, attempt to sell or give away any aspect of your account, or any other account related aspect that may be of value. Without limitation, if LiftMySocial believes that you have attempted to so sell or give any aspect of your account to any other individual, your account may be closed, this Agreement may be terminated, and/or LiftMySocial may take the other actions or remedies set forth in this Agreement.
LiftMySocial may from time to time offer you complimentary trials or Services which may be credited by LiftMySocial into your account or be redeemable for other Services offered by LiftMySocial. You are not entitled to redeem complimentary trials or services for value without first complying with the terms and conditions applicable to such an offering. Any such trial or promotion will be subject to the terms and conditions of that trial or promotion as communicated to you by LiftMySocial, any of its agents or posted on its website (and associated sites from time to time), otherwise the trial is subject to the standard trial and promotion terms and conditions customarily adopted by LiftMySocial from time to time, which are specifically incorporated into this Agreement by reference. LiftMySocial values every customer, however, LiftMySocial maintains the sole discretion to distribute such trials and promotions to select individuals and is in no way obliged to provide such trials or promotions to any individual, notwithstanding apparent or actual eligibility for such trial or promotion. Furthermore, LiftMySocial reserves the unfettered right to reclaim any trial or promotion not used within a prescribed period.
If you do not access your account by logging onto the LiftMySocial website and using the Services offered by LiftMySocial for any consecutive period of 180 days your account will be deemed inactive, and may be deemed abandoned. LiftMySocial is entitled to charge you periodic administrative fee(s) during the period that your account remains inactive, up to the extent of your account balance. Without limitation, if your account is deemed by LiftMySocial to be abandoned, your account may be closed, this Agreement may be terminated, and/or LiftMySocial may take the other actions or remedies set forth in this Agreement.
You agree to use all of the Services provided to you by LiftMySocial in accordance with this Agreement and all of the rules and procedures associated with the Services as they are made available to you. All such rules and procedures are incorporated by reference into this Agreement. Such rules and procedures include but are not limited to, security rules and policies, privacy rules and policies, and any other rule or policy that is communicated to you by LiftMySocial on its website or associated websites. You agree not to participate in any Services where prohibited by law.
4. Restrictions and Regulations Governing Use of the Services
LiftMySocial licenses its software to you solely for the purpose of accessing the Services and social media growth. Under no circumstance shall you modify, adapt, translate, reverse-engineer, decompile, disassemble, or otherwise attempt to discover the source code of LiftMySocial software or any part thereof or to create, publish or distribute derivative works based upon the software. You may not attempt to gain access to the LiftMySocial website in any unauthorized or malicious manner. Without limitation, if LiftMySocial deems you to be in breach of this provision or conceiving and conspiring to breach this provision, your account may be closed, this Agreement may be terminated, and/or LiftMySocial may take any of the other actions or remedies set forth in this Agreement.
LiftMySocial provides its Services to you for your personal use only. Any commercial use of the software is strictly forbidden without express written permission of LiftMySocial. You shall not post any unauthorized advertising or promotion materials, by way of email, spam, junk mail comment, or any other form of solicitation via the software or Services provided by LiftMySocial.
If LiftMySocial deems that you have engaged in fraudulent, unlawful, dishonest, or improper activity while using the LiftMySocial software or Services, including but not limited to any of the activities described above or any other fraudulent activity including but not limited to, the use of a stolen credit card or the chargeback of money, any type of money laundering or related activity, any type of perceived suspicious or criminal activity or any activity that gives reason to suspect suspicious or criminal activity, your account may be closed, this Agreement may be terminated, and/or LiftMySocial may take any of the other actions or remedies set forth in this Agreement. Without limitation, LiftMySocial reserves the right to disclose recorded data or communications related to your account to the relevant authorities if and when required by applicable law.
You may not engage in any form of impersonation, whether it be impersonating an entity, an official, an employee, any person whoever, or misrepresenting any relationship or affiliation with another person or entity whoever in connection with your social media account, or your use of the Services.
You may be deemed "an account in misconduct" at the sole discretion of LiftMySocial in the event that LiftMySocial determines you are in contravention of any of the terms and conditions of this Agreement, or that you are violating or abusing any of the Services provided by LiftMySocial, including but not limited to, abuse of promotions or privileges, behaving fraudulently, or behaving in any disrespecting manner towards LiftMySocial staff. If you are deemed to be "an account in misconduct" LiftMySocial may take any action that it deems to be appropriate, including without limitation, closing your account, terminating this Agreement, and/or LiftMySocial taking any of the other actions or remedies set forth in this Agreement.
5. Warranty Disclaimer
THE SERVICES ARE PROVIDED TO YOU BY BOOSTIO "AS IS" WITHOUT ANY WARRANTY OF ANY NATURE. IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, ACCURACY, OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED. The risk arising out of the use of the software or Services remains with you. LiftMySocial disclaims all warranties of any kind including but not limited to, express or implied, and warranties for completeness or accuracy. LiftMySocial does not guarantee that the Services will be provided error free or secure nor is it guaranteed that you will experience the Services uninterrupted, timely or bug free or virus free. LiftMySocial also maintains the right to suspend, discontinue, modify, remove, or add to any of the Services provided in its absolute discretion with immediate effect and is under no obligation to provide notice of any such modification, addition, or subtraction of Services provided, and LiftMySocial shall not be liable in any way whatsoever for any loss suffered as a consequence of any decision made in this regard.
Limitation of Liability
In no event shall LiftMySocial, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any: errors, mistakes, or inaccuracies of content; personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Services; unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; interruption or cessation of transmission to or from our Services; bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our Services by any third party; errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, transmitted, or otherwise made available via the Services, whether based on warranty, contract, tort, or any other legal theory, and whether OR NOT LiftMySocial is advised of the possibility of such damages.
The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. LiftMySocial makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You specifically acknowledge that LiftMySocial shall not be liable for ITS CONTENT or the defamatory, offensive, or illegal conduct of any third-party and that the risk of harm or damage from the foregoing rests entirely with you.
You further acknowledge that under no circumstances shall LiftMySocial be liable for any use or misuse of its Services, including but not limited to claims related to breach of contract, tort, intentional interference with contractual or advantageous business relationships, data breach, identity or password theft, fraud, misrepresentation, deceptive trade practices, libel, slander, harassment, cyber-bullying, spam, false advertising, cheating, or any other claim regardless of legal theory or label.
In no event shall our maximum total aggregate liability hereunder for direct damages exceed the total fees actually paid by you for use of the Services for a period of no more than one (1) month from the accrual of the applicable cause or causes of action or ten dollars ($10.00), whichever is greater. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
7. Membership Types and Fees
LiftMySocial.com is free to join, but if you would like to upgrade to a paid membership or any other paid features, the following terms apply. We bill you through an online account for use of the Services. You agree to pay all charges you subscribe for with LiftMySocial using this online account. We may correct any billing errors or mistakes, even if payment has already been requested or received. You agree to update and maintain current, complete and accurate information for your billing account. You authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card, as provided by your credit or debit card issuer.
IF YOU PAY FOR A MEMBERSHIP BY CREDIT OR DEBIT CARD (OR OTHER PAYMENT METHOD INVOLVING AN AUTOMATICALLY RENEWING MEMBERSHIP) AND YOU DO NOT CANCEL YOUR MEMBERSHIP PRIOR TO THE END OF THE TERM, YOUR MEMBERSHIP WILL BE AUTOMATICALLY EXTENDED AT THE END OF EACH TERM FOR SUCCESSIVE RENEWAL PERIODS OF THE SAME DURATION AS THE ORIGINAL MEMBERSHIP TERM. YOU ACKNOWLEDGE AND AGREE THAT YOUR PAYMENT METHOD WILL BE AUTOMATICALLY CHARGED FOR SUCH MEMBERSHIP FEES, PLUS ANY APPLICABLE TAXES, UPON EACH SUCH AUTO RENEWAL. YOU CONSENT TO AND ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES TO YOUR CREDIT OR DEBIT CARD (OR OTHER PAYMENT METHOD, AS APPLICABLE) BASED ON THIS AUTOMATIC RENEWAL FEATURE WITHOUT FURTHER AUTHORIZATION FROM YOU. AS AN EXAMPLE ONLY, UNLESS YOU CANCEL, A ONE MONTH MEMBERSHIP WILL AUTOMATICALLY BE RENEWED ON A MONTHLY BASIS. THE RENEWAL WILL BE AT THE SAME MEMBERSHIP FEE AS WHEN YOU FIRST SUBSCRIBED, PLUS ANY APPLICABLE TAXES, UNLESS WE NOTIFY YOU AT LEAST 10 DAYS PRIOR TO THE END OF YOUR CURRENT TERM THAT THE MEMBERSHIP FEE WILL INCREASE.
Membership fees are generally non-refundable. Any refund request is subject to our discretion.
All of the information you provide during your signup process, and in any other interaction with us, shall be correct, current, truthful, and complete. If you provide any false, misleading, incomplete, or otherwise incorrect information to us, your membership will be immediately null and void, and you will be responsible for a-la-carte billing for all of your access to our Services.
You may never sell or transfer your membership to a third party. You are not authorized to share any of our materials with any person who does not have their own membership.
You are solely responsible for keeping your balance with LiftMySocial in a positive status. You are responsible for any credit card chargebacks, dishonored checks, and any related fees that we incur with respect to your account. If you fail to reimburse us for any credit card chargebacks, dishonored checks, or related fees within thirty (30) days of our initial demand for reimbursement, you agree that you will pay us $100 in additional liquidated damages for each fee incurred. Notwithstanding any privacy rights conferred to you under this or any other associated agreement, LiftMySocial reserves the unfettered right to utilize any legal recourses and/or remedies available to satisfy any debt owed by you, including but not limited to placing your account and related information in the hands of a third-party collection agency and/or attorney to pursue the full balance of the debt owed. This may have a negative impact on your credit rating and impede your ability to facilitate other personal banking arrangements.
As part of the registration process, you will choose a unique username and password, which you must provide in order to gain access to the non-public portion of LiftMySocial.com. You certify that when asked to choose a username, you will not choose a name which may falsely represent you as somebody else or a name which may otherwise be in violation of the rights of a third-party. We reserve the right to disallow the use of usernames that we, at our sole discretion, deem inappropriate. We reserve the right to cancel at any time the membership of any member who uses their selected username in violation of this Agreement or in any other way we, in our sole discretion, deem inappropriate. Your membership, username, and password are all nontransferable and non-assignable. You represent and warrant that you will not disclose to any other person your unique username and password. You are solely responsible for maintaining the confidentiality of your username and password, and are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify us of any unauthorized use of your username and password or any other breach of security, and (b) ensure that you exit from your account at the end of each session.
8. Customer Support
In an effort to keep users fully informed, LiftMySocial may send out communications by way of email. By registering an account with LiftMySocial you agree to receive such communications from the staff of LiftMySocial. You also agree to maintain accurate account information and an up-to-date email address for receiving such communications, and acknowledge your responsibility to frequently review such communications and remain up to date on all correspondence from LiftMySocial. Communications may include, but are not limited to, information relevant to any updates or changes that may occur, information about new features and security, promotional communications, and any other communications relevant to you as a member of the LiftMySocial community. You should assume that all correspondence between yourself and the staff of LiftMySocial will be recorded and may be used to improve customer service or as evidence in a dispute.
9. You are Responsible for Your Connection to LiftMySocial
You are solely responsible for your telecommunications networks, hardware, and Internet access services that allow you to connect to and use the Services. LiftMySocial will not be liable, or accept any responsibility for damages resulting from a connectivity issue, including but not limited to issues, errors, failures related to computer hardware insufficiencies, or failures, network connectivity issues whether they be incidental or intentional. LiftMySocial shall not be a party to any dispute between you the user and a telecommunications provider, and in no way do the relationships between any telecommunications provider and you have any effect on your obligations under this Agreement.
10. You Agree to a Security Review/Authorization
LiftMySocial is committed to security and maintaining an integral environment for the members of the LiftMySocial community. You acknowledge that you will, if requested, comply with the demands of LiftMySocial to ensure this goal is met. This may include, but is not limited to, compliance with a security review at any time, to verify your compliance with this Agreement, the incorporated policies, verify your identity, verify your address, and verify your financial transactions. You agree to produce forthwith, any documentation that is requested during a security review, including but not limited to the production of documentary evidence verifying your age, identity, address, and other registration data provided by you. In addition, you agree and authorize LiftMySocial to make inquires to, and disclose information to, any third party, regarding the verification of information you have provided. You may be notified of such verification request by electronic mail. In the event you do not comply with a request under a security review or a request to obtain authorization or a release, your account may be closed, this Agreement may be terminated, and/or LiftMySocial may take any of the other actions or remedies set forth in this Agreement.
You agree to compensate LiftMySocial in full for any costs or losses including but not limited to, reasonable legal fees incurred by LiftMySocial in association with any breach by you of this Agreement. Without limitation, you agree that if you fail to comply with any of the terms, provisions, or conditions set out in this Agreement, that action or inaction will result in a material breach and LiftMySocial may take any action that it deems to be appropriate including but not limited to closing your account, terminating this Agreement, and/or taking any of the other actions or remedies set forth in this Agreement.
All user data is considered the property of LiftMySocial. You agree, understand and warrant that the records recorded by LiftMySocial shall govern and constitute the final authority in determining all of your activity and use connected with the LiftMySocial Services. LiftMySocial may maintain and record all data associated with the Services for a reasonable amount of time in accordance with LiftMySocial's internal policy and procedures. You agree to hold LiftMySocial harmless for any loss of data that may occur during the course of business.
LiftMySocial in its unfettered discretion retains the right and authority to issue, maintain, and close your account. Decisions made by LiftMySocial regarding any aspect of your account or use of the Services are final and not subject to appeal of any kind.
14. Account Closure and Forfeiture/Termination
Notwithstanding any provision of this Agreement to the contrary and not by limitation, LiftMySocial has the right to close your account and/or terminate this Agreement, suspend your account, limit the features and Services available, or other account attributes, refuse to process transactions, disclose information related to your account to banks, credit card companies, and/or any person or group who may have right to such information, and/or initiate any appropriate legal action against you upon the occurrence of any of the following actions or events: your breach of this Agreement or any incorporated agreements or policies; you misrepresent your age or are found to be under the age of 18 years old; you behave or may behave in a fraudulent manner in association with your account, the Services or the website(s); you behave fraudulently in connection with other sites; you falsely claim that you did not make a processed deposit on your account with LiftMySocial or any other site; you become bankrupt or insolvent in any jurisdiction in the world; you have made authorized payments that subsequent to making them become or became dishonored in any way; you use the Services as agent for the interests of another person or entity; you abuse privileges; you misuse any Services or promotions; abuse of software; you fail due diligence or security review(s) conducted by LiftMySocial in its discretion from time to time; you engage in propaganda or frivolous unfounded claims or you otherwise commit misconduct or behavior that is detrimental or potentially detrimental to LiftMySocial and/or the user experience, as determined by LiftMySocial in its sole discretion. Although the remedies set forth in this Section are specifically referenced from time to time in this Agreement, such references are for example only and are without limitation; the remedies above are available upon the occurrence of any of the above enumerated actions or events regardless of the presence or absence of a specific reference to this Section.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless the LiftMySocial, its parent, subsidiary and affiliated corporation(s), their officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services; (ii) your violation of any part of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive this Agreement and your use of the Services.
The provision of any services which are in violation of any laws is strictly prohibited. If we determine that you or any user has provided or intends to provide any services or material in violation of any law, your ability to use the Services will be terminated immediately without any reimbursement of any payment you may have made to us. We have every right to voluntarily cooperate with law enforcement or private aggrieved parties that we may be legally compelled to do so. We do hereby disclaim any liability for damages that may arise from any user providing any material or services for any purpose that violates any law. You do hereby agree to defend, indemnify and hold us harmless from any liability that may be imposed on us arising from your violation of any law - whether online or offline.
You also agree to defend and indemnify us should any third party be harmed by your illegal actions or should we be obligated to defend any claims including, without limitation, any criminal action brought by any party.
You agree to defend, indemnify, and hold harmless LiftMySocial, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your, or you under another person's authority including without limitation to governmental agencies, use, misuse, or inability to use the website, Services, or any of the materials contained therein, or your breach of any of this Agreement. We shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or defense at our own expense, and choose our own legal counsel, but are not obligated to do so.
The maximum liability for any game or tournament failure, abuse or misconduct is limited to your entry fee and not any prize or award offered in such a tournament. This Agreement excludes any liability LiftMySocial may have in respect of death or physical injury caused by willful misconduct.
16. No Waiver
Any waiver of any breach of this Agreement by LiftMySocial does not constitute a waiver of a breach of any other provision of this Agreement nor will it constitute a subsequent waiver of any breached term of the Agreement.
17. No Resulting Third Party Rights
You acknowledge that this Agreement represents the full, true and complete understanding and agreement between you and LiftMySocial. In addition, you acknowledge that this Agreement supersedes any prior agreement, understanding or arrangement between you and LiftMySocial, and there is nothing in this Agreement that creates or confers any other benefits or rights in favor of any third parties not party to this Agreement.
18. Termination of this Agreement
LiftMySocial may terminate this Agreement upon providing notice to you or as otherwise permitted by this Agreement. You may also terminate this Agreement at any time by notifying LiftMySocial in writing, provided that you do not have any outstanding liabilities to LiftMySocial for any reason. This Agreement shall remain in force and effect for an additional 180 days following the receipt of a written termination notice from you. For the purpose of clarity and avoidance of any doubt, this Agreement is applicable to all events that have arisen out of, or associated with your use of the Services and Competitions regardless of whether the Agreement has terminated or not. Termination may result in termination from all websites (and associated sites from time to time), that share the network. The rights and remedies located elsewhere in this Agreement shall not be limited by this Section.
In the event that a provision of this Agreement is found by an authority of competent jurisdiction to be invalid or unenforceable in any jurisdiction, that finding shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.
This Service is for Amusement Purposes
You understand and accept that LiftMySocial and its Services are for entertainment and recreational use.
Any user accessing our website and/or Services in an effort to engage in or facilitate illegal or tortious activities may be reported to the appropriate law enforcement agency.
Nothing contained in this section is intended to limit the scope of releases and/or indemnification contained elsewhere in this Agreement.
You hereby discharge, acquit, and otherwise release LiftMySocial, its parent company, its agents, employees, officers, directors, shareholders, attorneys, and affiliates, from any and all allegations, counts, charges, debts, causes of action, and claims relating in any way to the use of, or activities relating to the use of the website and Services including, but not limited to claims relating to the following: sexual harassment, negligence, gross negligence, reckless conduct, alienation of affections (to the extent recognized in any jurisdiction), intentional infliction of emotional distress, intentional interference with contract or advantageous business relationship, defamation, privacy, publicity, intellectual property, misrepresentation, any financial loss not due to the fault of LiftMySocial, missed meetings, unmet expectations, false identities, fraudulent acts by others, invasion of privacy, release of personal information, failed transactions, data breach, identity or password theft, spam, purchases or functionality of LiftMySocial, unavailability of the Services, and any other technical failure that may result in inaccessibility to the Services, or any claim based on vicarious liability for torts committed by individuals met on or through LiftMySocial or the Services.
The above list is intended to be illustrative only, and not exhaustive of the types or categories of claims released by you. This release is intended by the parties to be interpreted broadly in favor of us, and thus any ambiguity shall be interpreted in a manner providing release of the broadest claims. This release is intended to be a full release of claims, and the parties acknowledge the legally binding nature of this provision, and the nature of the rights given up in connection therewith.
The brand name ("BOOSTIO") is a service mark and/or trademark owned exclusively by us. All rights are reserved. We aggressively defend our intellectual property rights.
Other manufacturers' product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used publicly without the express written consent of the owners and/or holders of such trademarks and service marks.
All of the marks, logos, domains, and trademarks that you find during use of the Services may not be used publicly except with express written permission from us, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits us.
The materials accessible from the website, Services, and any other site owned, operated, licensed, or controlled by us are our proprietary information and valuable intellectual property and we retain all right, title, and interest in the materials.
The materials may not be copied, distributed, republished, modified, uploaded, posted, or transmitted in any way without our prior written consent, except that you may access a copy of the materials solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the materials.
Modification or use of the materials except as expressly provided in this Agreement violates our intellectual property rights.
Neither title nor intellectual property rights are transferred to you by access to the Services.
All materials included on the website, such as text, graphics, photographs, video and audio clips, music, soundtracks, button icons, streaming data, animation, images, downloadable materials, data compilations and software is the property of LiftMySocial or its content suppliers and is protected by United States and international copyright laws. The compilation of all materials on the website is the exclusive property of LiftMySocial or its content suppliers and protected by United States and international copyright laws, as well as other laws and regulations.
You understand and acknowledge that the software elements of the materials on the website may be subject to regulation by governmental agencies which prohibit export or diversion of software and other goods to certain countries and third parties. Diversion of such materials contrary to United States' or international law is prohibited.
You will not assist or participate in any such diversion or other violation of applicable laws and regulations.
You warrant that you will not license or otherwise permit anyone not approved to receive controlled commodities under applicable laws and regulations and that you will abide by such laws and regulations.
You agree that none of the materials are being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities.
No Agency Relationship
Nothing in this Agreement shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein.
Any notice required to be given under this Agreement may be provided by email to a functioning email address of the party to be noticed, by a general posting on the website by us, or personal delivery by commercial carrier such as Federal Express. Notices by customers to us shall be given by electronic messages unless otherwise specified in the Agreement.
Either party may change the address to which notice is to be sent by written notice to the other party pursuant to this provision of the Agreement.
Notices shall be deemed effective upon delivery. Notices delivered by overnight carrier shall be deemed delivered on the business day following mailing. Notices delivered by any other method shall be deemed given upon receipt. Notices by email and facsimile transmission, with confirmation from the transmitting machine that the transmission was completed, shall be deemed received on the next business day. Either party may, by giving the other Party appropriate written notice, change the designated address, and/or recipient for any notice or courtesy copy, hereunder.
Any correctly addressed notice that is refused, unclaimed, or undeliverable, because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the postal authorities, messenger, facsimile machine, email server, or overnight delivery service.
We shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, data security breach, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay the website's or Services' performance.
This Agreement and all matters arising out of, or otherwise relating to, this Agreement shall be governed by the laws of Florida. The sum of this paragraph is that any and all litigation permitted under this Agreement must be, without exception, initiated in Florida.
All Parties to this Agreement agree that all litigation permitted under this Agreement shall be tried and/or litigated exclusively in the courts located in Orange County, Florida.
The parties agree to exclusive jurisdiction in, and only in, Florida.
The parties agree to exclusive venue in, and only in, Orange County, Florida.
The parties additionally agree that this choice of venue and forum is mandatory and not permissive in nature, thereby precluding any possibility of litigation between the parties with respect to, or arising out of, this Agreement in a jurisdiction other than that specified in this paragraph.
All parties hereby waive any right to assert objections to venue with respect to any litigation permitted under this Agreement.
All parties stipulate that the courts located in Florida shall have personal jurisdiction over them for the purpose of any litigation permitted under this Agreement that is not otherwise subject to the arbitration provisions, infra.
Each party hereby authorizes and accepts service of process sufficient for personal jurisdiction in any action against it, as contemplated by this paragraph by registered or certified mail, Federal Express, proof of delivery or return receipt requested, to the parties address for the giving of notices as set forth in this Agreement.
Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law if such enforcement becomes necessary.
Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party's breach, and that in any litigation permitted under this Agreement, an aggrieved party shall therefore be entitled to seek injunctive relief, in addition to seeking all other remedies available at law or in equity.
If there is a dispute between the Parties arising out of or otherwise relating to this Agreement, the Parties shall negotiate in good faith to attempt to resolve the dispute. If the Parties are unable to resolve the dispute through direct negotiations, then, except as otherwise provided herein, either Party must submit the issue to binding arbitration in accordance with the then-existing Commercial Arbitration Rules of the American Arbitration Association. Arbitral Claims shall include, but are not limited to, contract and tort claims of all kinds, and all claims based on any federal, state or local law, statute, or regulation, excepting only claims by us for intellectual property violations, actions for injunctions, attachment, garnishment, and other equitable relief. The arbitration shall be confidential. The arbitration shall be conducted in Orange County, Florida, and conducted by a single arbitrator, knowledgeable in Internet and e-Commerce disputes. The arbitrator shall be willing to execute an oath of neutrality.
The Arbitrator shall have no authority to award any punitive or exemplary damages; certify a class action; add any parties; vary or ignore the provisions of this Agreement; and shall be bound by governing and applicable law. The arbitrator shall render a written opinion setting forth all material facts and the basis of his or her decision within thirty (30) days of the conclusion of the arbitration proceeding. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.
There shall be no waiver of the right to arbitration unless such waiver is provided affirmatively and in writing by the waiving Party to the other Party. There shall be no implied waiver of this right to arbitration. No acts, including the filing of litigation, shall be construed as a waiver or a repudiation of the right to arbitrate.
29. Miscellaneous Provisions
b. The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be.
If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of this Agreement will continue in full force and effect.
California Residents: The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted at: http://www.dca.ca.gov/about_dca/contactus.shtml . You understand and agree that by assenting to this Agreement, You waive any applicability of California Civil Code §1542 as it may be applied to your release of legal claims arising from your use of LiftMySocial and/or Services.
No waiver or action made by us shall be deemed a waiver of any subsequent default of the same provision of this Agreement. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.
All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.
h. This Agreement constitutes the entire agreement between the parties with respect to your access and use of the website, Services and the materials contained therein, and your use of the website and Services, and supersede and replace all prior understandings or agreements, written or oral, regarding such subject matter.
i. We make no representation that the website, Services or any of the materials contained therein are appropriate or available for use in any particular location, and access to them from territories where their content may be illegal or is otherwise prohibited. Those who choose to access the website and Services from such locations do so on their own initiative and are solely responsible for determining compliance with all applicable local laws. Nothing contained in this Agreement shall be interpreted as an admission that LiftMySocial is subject to the laws of any nation besides the United States.