Quantcast
Home » Social Capitale – Terms and Conditions

Social Capitale – Terms and Conditions

Terms and Conditions

These Terms and Conditions of Use (the “Terms and Conditions”) and Privacy Policy were last updated on December 1, 2012.

Welcome to socialcapitale.com (“Social Capitale”). These Terms and Conditions apply to the Social Capitale Services located at www.socialcapitale.com, our paid content, and our online discussion forums, as well as any other of our websites, digital services or mobile or other applications on which a link to these Terms and Conditions appears (collectively, the “Social Capitale Services”), all of which Social Capitale Services are provided by Social Capitale at any time and from time to time in its sole discretion. Social Capitale does not control, and is not responsible for, any third-party site to which the Social Capitale Services link.

You agree that your use of the Social Capitale Services is subject to the following Terms and Conditions. If you do not agree with the Terms and Conditions in their entirety, please do not use any Social Capitale Services.  These Terms and Conditions may be modified at any time and from time to time; the date of the most recent changes or revisions will appear on this page. Continued access to the Social Capitale Services by you will constitute your acceptance of any changes or revisions to these Terms and Conditions. Portions of the Social Capitale Services may be governed by different or additional terms and conditions. In the event of a conflict between any provision of these Terms and Conditions, on the one hand, and any other terms and conditions, on the other hand, the applicable provision of these Terms and Conditions shall prevail with respect to your use of the Social Capitale Services.

The materials and tools contained on the Social Capitale Services are provided by Social Capitale as a service to you for your noncommercial, personal use on an “as is, as available” basis and may be used by you for informational purposes only. You acknowledge that you are using the Social Capitale Services at your own risk. Social Capitale assumes no responsibility for errors or omissions in these materials. Social Capitale makes no commitment to update the information contained herein. Social Capitale makes no, and expressly disclaims any and all, representations or warranties, express or implied, regarding the Social Capitale Services, including without limitation the accuracy, completeness, or reliability of text, graphics, links, products and services, and other items accessed from or via the Social Capitale Services, or that use of the Social Capitale Services will be uninterrupted, error-free, or free of viruses or other harmful components. No advice or information given by Social Capitale or any other party on the Social Capitale Services shall create any warranty or liability. The content provided through Social Capitale Services should be used for informational purposes only; the content is not intended to be a substitute for professional advice. Always seek the advice of a relevant professional with any questions about any health, financial or other decision you are seeking to make. In the case of our product reviews, consumers should always consult the manufacturer and/or their dealer/distributor for the most up-to-date product information, features and specifications.

Social Capitale does not warrant or make any representations regarding the use or the results of the use of the materials on the Social Capitale Services in terms of their correctness, accuracy, timeliness, reliability, or otherwise. Under no circumstances shall Social Capitale or any of its parents, subsidiaries, affiliates, licensors, or their respective partners, officers, directors, employees, or agents be held liable for any damages, whether direct, incidental, indirect, special, or consequential, and including, without limitation, lost revenues or lost profits, arising from or in connection with your use, reliance on, or performance of the information on the Social Capitale Services. Your sole remedy in the event of any deficiency, defect, failure, error or interruption in the Social Capitale Services or any goods or services offered for sale through the Social Capitale shall be to request that Social Capitale correct the matter or, if Social Capitale fails to do so, to discontinue use of the Social Capitale Services. In no event shall Social Capitale’s liability exceed an amount equal to all fees paid by you to Social Capitale in connection with your use of the Social Capitale Services.

Social Capitale periodically schedules system downtime for maintenance and other purposes. Unplanned outages also may occur. Social Capitale shall have no liability for the resulting unavailability of the Social Capitale Services or for any loss of data or transactions caused by planned or unplanned system outages, or any outages of web host providers or the Internet infrastructure and network external to the Social Capitale Services.

Copyright

All materials published on or in the Social Capitale Services are protected by copyright laws, and may not be reproduced, republished, distributed, transmitted, resold, displayed, broadcast, or otherwise exploited in any manner without the express written permission of either Social Capitale or, in the case of content licensed by Social Capitale from third parties, the entity that is credited as the copyright holder of such licensed content. You may download freely accessible material (one copy per page) from this Social Capitale Services for your personal and noncommercial use only, without altering or removing any trademark, copyright, or other notice from such material; you must pay a fee to access that content which requires a fee for access.

In the event you believe that any content posted on the Social Capitale Services infringes your copyright or other intellectual-property rights, you may notify Social Capitale by providing the information required by the Online Copyright Infringement Liability Limitation Action of the Digital Millennium Copyright Act, 17 U.S.C. 512, to Social Capitale’s Copyright Agent:

  • Attention: Scott McCleary, Esq.
  • Social Capitale
  • Meyner & Landis, LLP
  • 1 Gateway Center
  • Suite 2500
  • (t) (973) 624-2800
  • copyrightagent@socialcapitale.com

User Generated Content

Social Capitale, through its forums or otherwise, may provide users an opportunity to transmit or post content, which may include text, videos, photographs, images, sound files and/or other content, to the Social Capitale Services (collectively, “User Content”) and may provide for the hosting, sharing and/or publishing of such User Content. Social Capitale does not necessarily endorse, support, sanction, encourage, or agree with User Content and expressly disclaims any and all liability in connection with any User Content.

You shall not transmit or post any User Content that: (a) is unlawful, threatening, harassing, abusive, false, inaccurate, deceptive, misleading, offensive, distasteful, inappropriate, libelous, defamatory, obscene, vulgar, pornographic, profane, indecent, invasive of another’s privacy or harmful to minors in any way; (b) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law; (c) is copyrighted, protected by trade secret, patent, trademark or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to submit or post the material and to grant Social Capitale all of the license rights granted herein; (d) refers derisively to the goods or services of others; (e) includes any disruptive elements that may damage or interfere with the Social Capitale Services such as computer viruses, bots, worms, bombs, or Trojan horses; (f) includes advertisements or solicitations of business; (g) impersonates another person; (h) includes any person’s full name or personal or identifying information without that person’s authorization; (i) violates the law or otherwise violates these Terms of Service; or (j) provides a link to any of the above.

In connection with any User Content that you submit, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use, and to authorize Social Capitale to use, all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Social Capitale Services and these Terms and Conditions; (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Social Capitale Services and these Terms and Conditions; and (iii) it complies with these Terms and Conditions.

You understand that all User Content is the sole responsibility of the person who transmits or posts that User Content. This means that you, and not Social Capitale, are entirely and solely responsible for all User Content that you transmit or post and for the consequences of Social Capitale publishing such User Content. Social Capitale does not and cannot review the User Content transmitted or posted by users and is not responsible for such content. However, Social Capitale shall have the right, but not the obligation, to refuse, delete, move, remove, or edit any User Content that violates these Terms and Conditions or is otherwise objectionable, as determined by Social Capitale in its sole discretion and without notice. Any specific complaints regarding User Content must be directed to legal@socialcapitale.com, and any promise by Social Capitale to investigate, delete, remove, or otherwise edit any User Content shall be non-binding unless expressly provided in writing by a Vice President of Social Capitale.

You agree to indemnify Social Capitale and its parents, subsidiaries, and affiliates, and each of their respective partners, officers, directors, employees, agents and representatives, against, and to hold each of them harmless from, any and all claims and liabilities (including attorney’s fees) that may arise from your use of the Social Capitale Services, your transmission or posting of User Content, your unauthorized use of material obtained from the Social Capitale Services, your breach of these Terms and Conditions, your violation of any law, regulation or any right of any other person or entity, and any unauthorized use of your account or password. Social Capitale reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

Social Capitale does not claim any ownership rights in the User Content. By transmitting or posting User Content, you grant to Social Capitale the perpetual, non-terminable, worldwide, nonexclusive, royalty-free, sublicenseable and transferable right and license to use, reproduce, edit, remove, modify (including the size and aspect ratio of photographs), publish, transmit, display, distribute, have distributed, promote, perform, and prepare derivative works of, all or any potion of such User Content in any form, in any medium now existing or hereinafter invented for any purpose, including commercial uses, including without limitation, in connection with the Social Capitale Services, in connection with other Social Capitale publications, in connection with Social Capitale’s (and our successors’) business, in connection with promoting and redistributing part or all of the Social Capitale Services (and derivative works thereof) without additional notice, approval, consent, compensation or attribution, or in connection with stories featuring the Social Capitale Services or any content on the Social Capitale Services in other news and media websites or other outlets. You waive any moral rights you may have in the User Content. You also grant each user of the Social Capitale Services a non-exclusive license to access your User Content through the Social Capitale Services, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Social Capitale Services and under these Terms and Conditions.

Subscriptions

Subscriptions to Social Capitale Report Weekly (the “Weekly”) are available at socialcapitale.com or through Social Capitale’s iPad Application (the “App”). If you purchase a one-year subscription to the Weekly through socialcapitale.com, you may request a refund within 24 hours of purchase. Please send an email to refunds@socialcapatale.com. Refund requests will not be honored unless submitted within 24 hours of purchase.

Subscriptions to the Weekly that are purchased through the App will automatically renew each month through your Apple iTunes account at the renewal fee stated when you purchased the App. Social Capitale reserves the right to change fees at any time. You will be notified of any fee increase and given a choice to continue your subscription at the increased fee. You may cancel your subscription at any time through your iTunes account, and such cancellation will become effective at the end of your current billing period.

Third Party Provider Content Notices

By accessing the Social Capitale Services (including without limitation, any digital service or application made available by Social Capitale), you specifically acknowledge and agree that: (a) Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium; (b) no Associated Press materials nor any portion thereof may be stored in a computer except for personal and non-commercial use; (c) the Associated Press will not be liable for any delays, inaccuracies, errors or omissions in any Associated Press materials or in the transmission or delivery of any part thereof or for any damages arising therefrom or occasioned thereby; (d) the Associated Press is an intended third party beneficiary of these terms and conditions and it may exercise all rights and remedies available to it; and (e) the Associated Press reserves the right to audit your use of Associated Press materials or any portion thereof at any time.

Paid Content

Purchasers of paid content are not permitted to share, distribute, sell, or otherwise transfer their password to other individuals. The password is for the purchaser’s sole use. Significant or unusual use of a single password (including but not limited to significant use of a single password on multiple computers or devices) could result in suspension of that password. Paid content is protected by copyright laws, and may not be transmitted (whether by e-mail or otherwise), reproduced, republished, distributed, resold, displayed, broadcast, or otherwise exploited in any manner without the express written permission of Social Capitale.

Featured Services

Social Capitale is committed to providing visitors to the Social Capitale Services with as many features as possible, some of which may be provided by third parties. The companies that Social Capitale selects as featured service providers offer products and services that site visitors may find useful. Social Capitale in certain cases may have a business relationship with certain third parties that it selects as a featured service provider. Social Capitale is not responsible for the accuracy or reliability of any advice or information given, or of any statement made, by the companies providing featured services, or for the content, services, products, or advertising on or available from their websites, or for the availability and operations of their websites.

Jurisdiction

You agree that any claim, action, or proceeding arising out of these Terms and Conditions, or your use of the Social Capitale Services, shall be governed by and construed in accordance with the laws of the State of New Jersey applicable to contracts to be wholly performed therein, and any action based on or alleging a breach of this Agreement must be brought in a state or federal court located in Essex County, New Jersey. In addition, you agree to submit to the personal jurisdiction of such courts.

Privacy Policy

This privacy policy (“Privacy Policy”) applies to your use of the Social Capitale Services only and does not cover information collected by any third party sites to which the Social Capitale Services links, or to any other products or services offered by Social Capitale other than on the Social Capitale Services. This Privacy Policy is part of, and is hereby incorporated into, the Social Capitale’ Terms and Conditions. You can read the entire Terms and Conditions by either scrolling up to the top of this Web page or by clicking here. If you do not agree with the Terms and Conditions, including the Privacy Policy, in their entirety, please do not use any Social Capitale Services.

What information does Social Capitale collect about me as I use the Social Capitale Services?

Social Capitale may collect personally identifiable information from you such as your name, telephone number, postal address, e-mail address and credit card information so that we or selected companies can provide you with the products and services you request. For example, we may ask you for your name, e-mail address, and certain other information in connection with certain features. Social Capitale may also collect your credit card information when you make a purchase, so that we can process your payment for the product or service you are requesting. During the ordering process, such credit card information is transmitted either to Social Capitale or to the particular supplier or service provider who provides the service you are purchasing. In both cases, credit card information is then transmitted to third-party credit card processors and card issuers that use your information to process your order.

Social Capitale may also collect non-personally identifiable information when you visit the Social Capitale Services, such as your browser configuration, the type of operating system you are using, and information about your Internet service provider.

How does Social Capitale use the information supplied by me?

We may use the information you supply to fulfill your requests for products and services, to respond to your inquiries, and to offer other products and services from either us or selected companies which may be of interest to you. If you decide that you do not wish to receive such communications from Social Capitale and others, you may opt-out of receiving further e-mails and other communications by clicking “Unsubscribe” in any email. If you choose to submit content for publication (e.g., a letter to our editors, or information to be posted as a comment), we may publish your name, screen name or such other information you supply.

If you have indicated interest in receiving information directly from a selected outside company, we may provide such selected outside company with information that may include but not be limited to your name, telephone number, postal address and email address. If you decide that you do not wish to receive further communications from such selected outside company, you will need to so notify such selected outside company.

We sometimes use non-personally identifiable information we collect through our use of cookies to improve the design, delivery and content of our publications and the Social Capitale Services and to enable us to personalize your user experience. We may also use the non-personally identifiable information we collect in the aggregate to analyze how visitors use the Social Capitale Services, as well as to provide you with offers and information about products and services which you have agreed to receive.

In addition, Social Capitale may disclose information we maintain (A) if in good faith we believe that such disclosure is necessary to (1) comply with the law or legal process; (2) protect and defend our rights and property; (3) protect against misuse or unauthorized use of the Social Capitale Services; or (4) protect the personal safety, property, or rights of our users or the public, or (B) in connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale.

How can I change my privacy options?

If at some point after giving Social Capitale your personally identifying information, you do not wish to continue to receive additional information and offers from Social Capitale about Social Capitale, from Social Capitale’s affiliates, or from selected outside companies, you may opt out of receiving future emails by clicking the “Unsubscribe” link located at the bottom of each e-mail. If you purchased content appearing at www.socialcapitale.com or otherwise purchased products through the Social Capitale Store, you can edit your Social Capitale Store profile after you have logged into your account.

What are “cookies” and how does Social Capitale use them?

“Cookies” are pieces of information that are placed by the Social Capitale Services in a storage place on your computer or mobile device. Cookies do not contain information that is, in itself, personally identifying. Cookies are placed on your computer or mobile device in a limited way to help deliver advertisements, to calculate unique site visitors, and to track usage throughout our site. Other uses include placement of cookies to make the login process more convenient for our services that use logins. In addition, some advertisers or featured services providers may place cookies on your computer or mobile device. We also contract with certain third parties to help manage and optimize the Social Capitale Services business, including but not limited to the following companies with whom we share information in order to operate the Social Capitale Services and deliver our service to you:

We use the services of a third party marketing company, Google Analytics, to help us measure the effectiveness of our advertising and how visitors use the Social Capitale Services. To do this, we use Web beacons and cookies provided by this third party marketing company at the Social Capitale Services. This information helps us learn things like what pages are most attractive to our visitors, which of our products most interest our customers, and what kinds of offers our customers like to see.

We also use a third party advertising company, Google Adwords, to deliver ads to you when you visit the Social Capitale Services. In the course of providing this service, our third-party advertising company may place or recognize a unique cookie on your browser which collects information about your visits to the Social Capitale Services, such as the number of times you have viewed an ad (but not your name, address, e-mail address, telephone number or other personally identifiable information). If you would like more information about this practice and to understand your choice not to have this information used by Google Adwords, please click here: http://www.google.com/policies/privacy.

We have contracted with a third party, Quantcast, to monitor certain pages of the Social Capitale Services for the purpose of reporting traffic, statistics, advertisement ‘click-throughs’, and/or other activities on the Social Capitale Services. Where authorized by us, ValueClick and its business partners may use cookies, web beacons, and/or other monitoring technologies to compile anonymous statistics about visitors to the Social Capitale Services. No personally identifiable information is collected by or transferred to any party other than Social Capitale. For more information about how the information is collected and used by Quantcast, please see Quantcast’s privacy policy at https://www.quantcast.com/privacy.

Integration with Facebook

Portions of the Social Capitale Services permit you to integrate such Social Capitale Service with Facebook. Through such integration, Social Capitale may receive personally identifiable information about you such as your name, profile picture, educational institutions you have attended and your major there, work information, fan pages, networks, current location, friends and similar personally identifiable information about your friends who are registered on Facebook (“Friends”). Social Capitale may use this information to customize the services that we provide to you through the Social Capitale services. By visiting a Social Capitale Service, information that we receive from Facebook about you and your Friends may appear to you on the Social Capitale Service. In addition, if you are listed as a Friend on Facebook of other users of Social Capitale Services, your Facebook information may appear to those users on the Social Capitale Service if they have chosen to integrate their use of Social Capitale Services with Facebook.

If you wish to opt out of sharing your Facebook information with Social Capitale, you must update your Facebook privacy options on your Facebook privacy settings page at www.facebook.com/privacy/, or you can deactivate Facebook features on the Social Capitale Service at http://www.facebook.com/SocialCapitale.

Children Under Age 13

No one under the age of 13 should provide any personally identifiable information to Social Capitale. In general, Social Capitale does not knowingly collect personally identifiable information from children under 13. If in limited circumstances we do knowingly collect personally identifiable information from children under the age of 13, we will do so only with verified parental consent prior to collection. In the event that we learn that we have collected such information from a child under the age of 13 without verification of parental consent, we will delete this information from our database as quickly as possible. If you believe the Social Capitale Services has collected any personally identifiable information about anyone under 13, please contact us at webmaster@socialcapitale.com.

About

Social Capitale is the premier Social Capital Network and Authority to help Entrepreneurs, Small Businesses, Non-Profit Organizations and Individuals create value to drive success. Social Capitale is the platform for like-minded Individuals, Entrepreneurs, Small Businesses and Non-Profit Organizations to exchange in-depth, insightful and cutting edge information, resources and tools, and Top Social Networking Events whose sole objective is economic, educational and personal value, growth and success.

Social Capitale is Conscientious Social Networking Capitalism based on the premise that everyone can be more successful not at the detriment of another, but rather, through mutual trust, reciprocity, information, and cooperation. Social Capitale is about who people know and what they know to better one another.
For Sales, please contact David at (973) 677-2820 or via email at david@socialcapitale.com