Soket’s primary mission is to offer the Soket Platform to assist growing businesses with the management and cultivation of their online presence. In our pursuit of these business objectives, and in the manner in which we interact with End Users, we adhere to fundamental principles of transparency, user control and data security.
The Soket Web Site allows End Users to access and use the Soket Platform for purposes of managing the online presence of one or more Voices (as defined below), including but not limited to the management of content on blogs, Web sites such as Twitter and Facebook, and related Web sites and platforms. In order to use the Soket Platform each End User is required to register through the Soket Web Site. In order to become a Subscriber and enjoy the access and use rights of a Subscriber, the End User must agree to pre-pay the recurring Subscription Fee described below or as otherwise agreed in writing.
By using the Soket Web Site as a Visitor, and as a condition to your access to such information and materials, you represent and warrant that you are of the appropriate legal age to acquire the goods/services you are seeking through the Soket Web Site, and that your use of the Soket Web Site will adhere to the requirements of these Terms of Service. By registering to use the Soket Platform as an End User, and as a condition to your access to the Soket Platform, you represent and warrant that the following is true:
You also acknowledge that Soket has sole and absolute discretion in determining whether to accept or refuse your request for access to the Soket Platform, and Soket will have no liability for exercising such discretion.
Except as expressly permitted in these Terms and Conditions, each Visitor and/or End User promises that he, she or it will not, and will not permit any third party to: (a) use, modify, copy, or otherwise reproduce the Soket Platform or Soket Web Site (or related documentation, (“Documentation”)) in whole or in part; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code form or structure of the Soket Platform, Soket Web Site or Documentation; or (c) distribute, sublicense, assign, share, timeshare, sell, rent, lease, grant a security interest in, or otherwise transfer the Soket Platform, Soket Web Site or Documentation, or Visitor’s and/or End User’s right to use the Soket Platform, Soket Web Site or Documentation. All rights not expressly granted to Visitor and/or End User are reserved by Soket. There are no implied rights.
In addition, each Visitor and/or End User promises that he, she or it will not:
Each Visitor and/or End User warrants that: (i) such Visitor/End User will not authorize or knowingly permit Malicious Content to run through the Soket Platform or Soket Web Site, and (ii) to Visitor’s/End User’s knowledge, any Visitor/End User Content deployed through the Soket Platform or Soket Web Site will be free of viruses and malicious code. “Malicious Content” means any downloadable software or malicious code, or content or links to web sites that contain content (or further links to content) which may be construed as illegal, unethical, defamatory, obscene, hateful, libelous, or that otherwise may reflect negatively upon Soket’s reputation or that of Soket’s customers, or that infringes upon the rights of any third party.
Soket is not responsible for determining the age of Visitors and/or End Users and Soket shall have no liability for any use of or access to the Soket Web Site or Soket Platform by a minor.
Any End User may discontinue using his/her/its Soket account at any time. Except as provided in this paragraph, a Subscriber will not be entitled to any refunds from Soket for any reason. If Soket (i) breaches any material term of these Terms and Conditions which makes the Soket Platform unavailable for use and (ii) fails to cure such breach within thirty (30) days after receiving written notice from you identifying specifically the nature of the breach, then a Subscriber may be entitled to a refund of the Subscription Fee for the period in which the Soket Platform was not available for use. Soket reserves the right to terminate any End User account -- without notice or refund -- if such End User violates any term or condition of these Terms of Service. If your account is terminated, Soket may remove your account information and any software settings from our servers with no liability or notice to you.
In conjunction with a Subscriber’s establishment of a “Voice” within the Soket Platform, Subscriber will be charged recurring subscription fees (“Subscription Fees”) related to each Voice’s active status within the Soket Platform. Such Subscription Fees will be specified in the registration process to be accepted by Subscriber at the time of purchase, which registration and purchase details will be confirmed to Subscriber using Subscriber’s email address associated with the Account. Subscription Fees may be modified by Soket from time to time upon advanced written notice to Subscriber, in which case these Terms of Service will be updated to reflect the updated Subscription Fees. Subscriber’s obligation to pay Subscription Fees commences upon each Voice’s Account set-up (following, if applicable, any free trial period) and ends when an End User elects to cancel recurring billing for such Voice. As used herein, a Voice is an individual online presence maintained by one or more End Users, which presence is manifested by no more than one separate Twitter and/or Facebook account.
By becoming a Subscriber to the Soket Platform, you authorize Soket to store your payment card information and to charge the billing source you have provided for your account according to the billing plan you selected for your account. For recurring Subscription Fees, you authorize Soket to charge the billing source you have provided, according to the billing schedule applicable to your subscription as approved by you during your subscription registration or otherwise in writing, without further authorization, until your account is terminated. If your billing source is declined with respect to a particular Voice, Soket will take reasonable steps to obtain from you updated billing information to maintain the Voice’s Account in good standing. If you do not provide us with a valid billing source, Soket will lock your access to such Voice through the Soket Platform. After your access to the Voice is locked you will be able to access your account information through the Soket Platform in order to restore your access to such Voice through the Soket Platform by providing a proper billing source. After your access to a Voice is locked, Soket will keep the Voice’s settings on file for 90 days, after which period Soket may remove such settings from our servers.
If you use a credit card to purchase a subscription to a Voice through the Soket Platform, and then start a charge-back process or otherwise contest such purchase or seek a refund, Soket reserves the right to immediately terminate your account, in which case the credit card number and your account will no longer be accepted by Soket. You further acknowledge that you have read and are aware of Soket’s no-refund policy, which terms and conditions are described in these Terms of Service.
Soket may make the Soket Platform temporarily unavailable for purposes of implementing core changes to the Soket Platform generally, including upgrades, routine maintenance and changes to remedy any technical failures. Any such core platform changes will be deployed according to a schedule determined by Soket in its sole discretion, on an End User-wide and simultaneous basis, in order to ensure the consistent and stable performance of all Soket Platform functions.
SOKET TRIES TO KEEP THE SOKET PLATFORM AND SOKET WEB SITE UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. SOKET IS PROVIDING THE SOKET PLATFORM AND SOKET WEB SITE 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. SOKET DOES NOT GUARANTEE THAT THE SOKET PLATFORM AND SOKET WEB SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SOKET PLATFORM AND SOKET WEB SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. SOKET IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE SOKET, ITS 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. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: 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. SOKET 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 STATEMENT OR SOKET, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOKET’S AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR THE SOKET PLATFORM AND SOKET WEB SITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID SOKET 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, SOKET'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Each Visitor and End User agrees to indemnify Soket and its partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates from any liability, loss, claim and expense, including reasonable attorney's fees, related to: (1) your failure to comply with these Terms of Service, including, without limitation, your submission of content that violates third party rights or applicable law, any content you submit to or through the Soket Platform, (2) any content you submit to or through the Soket Platform, (3) your use of the Soket Platform and Soket Web Site, and (4) any violation by you of these Terms of Service.
This Agreement shall be interpreted under the laws of the stare of Georgia. Each Visitor and End User consents to, and agrees that each party is subject to, the exclusive jurisdiction of the state and federal courts of the state of Georgia with respect to any actions for enforcement of or breach of these Terms of Service.
Each Visitor’s and End User’s agreement with Soket, as manifested by these Terms of Service, may not be assigned by such Visitor or End User without the prior written consent of Soket. These Terms of Service shall be binding on permitted successors and assigns.
Each Visitor and End User agrees and acknowledges that the approval or acceptance by he, she or it of any record concerning the use of the Soket Platform or Soket Web Site by means of electronically activating or “clicking on” an area of the Soket Platform or Soket Web Site screen denominated “approved,” “agreed” or a similar designation (an “Electronic Signature”) shall be the equivalent of Visitor’s or End User’s affixing his, her or its signature to a paper document in a manner intended to indicate approval, assent or agreement to the matter indicated. An Electronic Signature made by a person accessing the Soket Platform using a user name and password or similar authentication information that has been assigned to Visitor or End User shall be deemed to be the Electronic Signature of Visitor or End User.
If you have any questions about these Terms of Service or our business practices, please email us at firstname.lastname@example.org.
These Terms of Service were last updated on January 1, 2012.