Soket, LLC Terms of Service

These Terms of Service (the “Terms of Service”), and the Soket, LLC Privacy Policy (the “Privacy Policy”), govern the rights of individuals who visit our Web site (“Visitors”) located at www.soket.com (the “Soket Web Site”),individuals or organizations with access rights to Soket’s Web-based technical platform (the “Soket Platform”) as evidenced by valid registrations with the Soket Platform (“End Users”) and End Users who have a financial responsibility to pay Subscription Fees for one or more Voices, as defined below (“Subscribers”).. For purposes of these Terms of Service, End Users and Subscribers may be referred to collectively as “End Users.” Soket’s provision of the Web Site and Platform for use by Visitors and End Users is referred to collectively as the “Service.” As a Visitor or End User, each time you access and/or use the Web Site or Soket Platform you agree to be bound by the Terms of Service and the terms of the Privacy Policy. If you do not wish to be bound by such terms please do not use and/or access the Web Site or the Platform.

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.

Conditions of Access to Our Web Site and Soket Platform

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 own or have the right to use (pursuant to a valid license) all of the content used in the Soket Platform;
  • for as long as you have access to the Soket Platform, the content created or distributed through the Soket Platform (“End User Content”) will not contain, or contain links to, content which is unlawful, libelous, defamatory, discriminatory, contrary to public policy, or otherwise unlawful, or any other content deemed inappropriate by Soket in its sole discretion;
  • you are 18 years of age or older;
  • you are not currently restricted from the Soket Platform (due to prior violations of these Terms of Service or otherwise);
  • you are not a competitor of Soket and you are not using the Soket Platform for reasons that are in competition with Soket;
  • you have the authority and capacity to become contractually bound by these Terms of Service and perform your obligations hereunder on behalf of yourself and on behalf of any subsidiary or affiliate, as the case may be;
  • these Terms of Service constitute a legal, valid and binding obligation enforceable against you in accordance with its terms;
  • you have all the necessary rights or approvals for Soket to be able to use or access Voice information and third party information provided by you in connection with your use of the Soket Platform;
  • your business processes, including those specifically related to your use of the Soket Platform, comply with all applicable federal, state and local laws and regulations;
  • you will not violate any rights of Soket, including intellectual property rights such as copyright or trademark rights;
  • you will not share your unique login or registration credentials with any other person or party and will not permit any other person or party to access the Soket Platform using your unique login or registration credentials.

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.

Restrictions on Use of Soket Platform

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:

  1. (a) use the Soket Platform for any purpose other than to access the Services, as expressly permitted by these Terms of Service;
  2. (b) download, copy or reproduce all or any part of the Soket Platform or Documentation except with written permission from Soket;
  3. (c) obtain or maintain any Internet domain name, e-mail address or assumed or fictitious business name, containing the word “Soket” or any derivative or phonetic equivalent as a part thereof;
  4. (d) use or maintain any website on the Internet or any intranet or on-line networked service that uses or displays in any manner the word “Soket” or any derivative or phonetic equivalent;
  5. (e) use the Soket Platform in violation of any standard of conduct that Soket may promulgate in the future.

Malicious Content

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.

Access By Minors

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.

Termination of Your Account

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.

Recurring Subscription Fees

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.

Billing & Payment Terms

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.

Contested Charges

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.

Rights & Privileges

Soket hereby grants to each End User during the period in which the End User maintains an active Account in good standing (the “Term”), a limited, non-exclusive and non-transferable license to access and use the Soket Platform, under the Soket brand and marks and subject to the Soket Terms of Service, for the intended purpose of managing one or more online Voices. You hereby grant Soket a nonexclusive, irrevocable, worldwide, perpetual , unlimited, assignable, sublicenseable, fully paid up and royalty-free right to use, for purposes of providing the Services and compiling and using published data for promotional and other purposes, any information you provide, directly or indirectly to Soket or to a third-party through the Soket Platform, including, but not limited to, any user generated content, ideas, concepts, techniques or data you submit to Soket, without any further consent, notice and/or compensation to you or to any third parties. In such event Soket will use such information in a manner consistent with these Terms of Service and the terms of use provided by any Soket technology partner, to the extent applicable.

Platform Maintenance

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.

Warranty Disclaimer

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.

Indemnification

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.

Governing Law

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.

Assignment

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.

Entire Agreement

These Terms of Service, including the Soket, LLC Privacy Policy incorporated herein by reference, constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes and replaces all prior and contemporaneous understandings or agreements, written or oral, regarding such subject matter.

Electronic Signatures

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.

Changes To Terms of Service

Although most changes are likely to be minor, Soket may change its Terms of Service from time to time, and in Soket’s sole discretion. Soket encourages Visitors and End Users to frequently check this page for any changes to Soket’s Terms of Service. Any End User’s continued use of a Soket Web Site or the Soket Platform after any change in this Privacy Policy will constitute acceptance of such change.

Contact Us for Further Information

If you have any questions about these Terms of Service or our business practices, please email us at termsofservice@soket.com.

These Terms of Service were last updated on January 1, 2012.