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Terms of Use

ATTENTION: BY USING THIS WEBSITE (“SITE”), YOU AGREE AND AFFIRM THAT YOU HAVE READ AND ACCEPT THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE THIS SITE. THESE TERMS OF USE GOVERN YOUR USE OF THE SITE, ANY CONTENT (SUCH AS TEXT, DATA, INFORMATION, SOFTWARE, GRAPHICS, OR PHOTOGRAPHS) THAT SOCIAL MEDIA TODAY, LLC (“LER”) MAY MAKE AVAILABLE THROUGH THE SITE (COLLECTIVELY, “MATERIALS”) AND ANY SERVICES THAT LER MAY PROVIDE THROUGH THE SITE (COLLECTIVELY, “SERVICES”). THE SITE, MATERIALS, AND SERVICES ARE REFERRED TO IN THESE TERMS OF USE COLLECTIVELY AS THE “LER WEBSITES.” Your use of the LER Websites forms a legal agreement between you and LER and is subject to the terms of that agreement as stated in these Terms of Use. You acknowledge and agree that LER may stop (permanently or temporarily) providing the LER Websites to you or to users generally, at LER’s sole discretion, without prior notice to you. You may stop using the the LER Websites at any time. You do not need to specifically inform LER when you stop using the LER Websites. In order to access certain Materials or Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to LER will always be accurate, correct and up to date. Content of, and/or opinions expressed on, the LER Websites and in any corresponding comments are the personal opinions of the original authors, not of LER. The content is provided for informational purposes only and is not meant to be an endorsement or representation by LER or any other party. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the LER Websites are the sole responsibility of the person from which such content originated. You understand and acknowledge that the LER Websites may be protected by intellectual property rights which are owned by LER or by other entities. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on the LER Websites, either in whole or in part, unless you have been specifically told that you may do so by LER or by the owners of rights to content of the LER Websites, in a separate agreement.

Use of LER Websites

LER authorizes you to use the LER Websites only for your own personal, non-commercial purposes. Use of the LER Websites for any public or commercial purpose (including, without limitation, on another site or through a networked computer environment) without an express written agreement with LER is strictly prohibited. If you make copies of any of the Materials, you must retain on any such copies all copyright and other proprietary notices contained in the original Materials. You may not modify, publicly display, publicly perform, or distribute the Materials. As between you and LER, LER owns the LER Websites. The LER Websites are protected under United States and international copyright laws. Any unauthorized use of the LER Websites may violate copyright, trademark, and other laws. You agree to use the LER Websites only for purposes that are permitted by (a) the Terms of Use and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree not to access (or attempt to access) any of the LER Websites by any means other than through the interface that is provided by LER, unless you have been specifically allowed to do so in a separate agreement with LER. You specifically agree not to access (or attempt to access) any of the LER Websites through any automated means (including use of scripts or web crawlers). You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). Unless you have been specifically permitted to do so in a separate agreement with LER, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Materials or Services for any purpose. You agree that you are solely responsible for (and that LER has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Use and for the consequences (including any loss or damage which LER may suffer) of any such breach. LER reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all content from the LER Websites.

Access

You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the LER Websites. You are responsible for maintaining the confidentiality of your LER Websites password and you are solely responsible for all activities that occur under your password. You agree to notify LER immediately of any unauthorized use of your password or any other breach of security related to the LER Websites. LER reserves the right to require you to change your password if LER believes that your password no longer is secure.

Prohibited uses

You agree not to use the LER Websites (a) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law; (b) to stalk, harass, or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt the LER Websites or servers or networks connected to the LER Websites. You further agree not to (1) use any data mining, robots, or similar data gathering or extraction methods in connection with the LER Websites; or (2) attempt to gain unauthorized access to any portion of the LER Websites or any other accounts, computer systems, or networks connected to the LER Websites, whether through hacking, password mining, or any other means.

Termination

LER may terminate, suspend, or modify your registration with, or access to, all or part of the LER Websites, without notice, at any time and for any reason. You may discontinue your participation in and access to the LER Websites at any time. If you breach any of these Terms of Use, your authorization to use the LER Websites automatically terminates and you agree to immediately destroy any downloaded or printed content obtained from the LER Websites (and any copies thereof).

Disclaimers

THE LER WEBSITES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LER WEBSITES IS WITH YOU, INCLUDING, WITHOUT LIMITATION, RISKS ASSOCIATED WITH THE PRESENCE OF ADWARE, VIRUSES, SPYWARE, AND/OR WORMS, ETC. SHOULD THE MATERIALS OR SERVICES PROVE DEFECTIVE, YOU, AND NOT LER, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. LER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE LER WEBSITES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LER MAKES NO WARRANTY THAT THE LER WEBSITES WILL MEET YOUR REQUIREMENTS OR THAT THE LER WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE LER WEBSITES WILL BE CORRECTED. LER MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE LER WEBSITES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE LER WEBSITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE LER WEBSITES OR FROM LER, ITS PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, “THE LER PARTIES”) SHALL CREATE ANY WARRANTY. LER DISCLAIMS ALL EQUITABLE INDEMNITIES.

Limitation of Liability

IN NO EVENT WILL ANY OF THE LER PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF ONE HUNDRED UNITED STATES (US$100.00) DOLLARS (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THE LER WEBSITES (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE LER WEBSITES), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY LER PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.

Exclusions and limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any LER Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the LER Party’s liability shall be the minimum permitted under such applicable law.

Modifications to LER Websites

LER reserves the right to modify, suspend, or discontinue the LER Websites at any time without notice to you.

User submissions

Certain areas of the LER Websites may permit you to submit feedback, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (each, a “User Submission”). By submitting a User Submission; whether blog posts contributed via RSS, blog posts written directly on the site, or comments, the contributor agrees to give LER a perpetual, non-exclusive license to the content that LER publishes; you grant to LER an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license (sublicensable through multiple tiers) to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that LER deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service). LER reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. LER may, but is not obligated to, pre-screen User Submissions or monitor any area of the LER Websites through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions. LER is not required to host, display, or distribute any User Submissions on or through the LER Websites and may remove at any time or refuse any User Submissions for any reason. LER is not responsible for any loss, theft, or damage of any kind to any User Submissions. LER does not want to receive any User Submission that is confidential. You understand and agree that any User Submission will be considered non-confidential and non-proprietary and that LER will be free to disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient. LER does not guarantee that you will have any recourse through LER or any third party to edit or delete any User Submission you have submitted. By posting you agree to be solely responsible for the content of all information you contribute, link to, or otherwise upload to the website and release Social Media Today LLC from any liability related to your use of the Website. By submitting any User Submission, you represent and warrant that:  
  1. you are at least 18 years old;
  2. you own all rights in your User Submissions (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to LER the rights in your User Submissions described herein;
  3. you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;
  4. you are the individual pictured and/or heard in your User Submissions or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your User Submissions to grant the rights to LER described herein;
  5. your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
  6. you voluntarily agree to waive all “moral rights” that you may have in your User Submission;
  7. any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;
  8. your User Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
  9. your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;
  10. you were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
  11. your User Submission does not incorporate materials from a third party web site, or addresses, email addresses, contact information, or phone numbers (other than your own);
  12. your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
  13. your User Submission does not contain any information that you consider confidential, proprietary, or personal;
  14. your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
  15. you are solely responsible for the content of all information you contribute, link to, or otherwise upload to LER Websites; and
  16. you release and indemnify LER and sponsors of LER Websites from any claims and/or liability related to your use of those Websites.

Content Contributors

LER publishes user contributed content in the form of blog posts and comments. By providing blog posts either via RSS feed or directly on the site, comments or other content to the site, contributors agree to the following: 1. Contributors may cease contributing new content at any time by emailing the site editorial team 2. LER reserves the right to not publish contributed content at LER’s discretion. 3. LER will attribute content to the author. 4. LER reserves the right to syndicate all contributed content in summary form via RSS to third parties. 5. All contributed content may contain the author’s byline, a very brief biography of the author, and, in the case of material provided to us via RSS from the author’s own blog, a link back to the original post in the footer of the full post. 6. Contributing authors are solely responsible for the originality and accuracy of their submissions. 7. LER has a zero-tolerance policy for plagiarism. LER recognizes that blogging is a heavily referential medium and that bloggers frequently cite and quote from each other’s work. Such citations might be protected under the legal doctrine of fair use. However, LER will remove any post that crosses the line from fair use to plagiarism, at LER’s sole discretion. Authors who knowingly submit plagiarized work may be banned from LER communities. 8. LER reserves the right to remove any sharing links or advertising accompanying contributed posts. 9. LER reserves the right to set fonts and styles, adjust image alignments, and otherwise alter post layout to insure that posts comply with LER’s global site styling. 10. From time to time, LER may need to display summary versions of contributed content. In such cases, LER may edit posts in summary form. Such summaries will contain a link to the full and unaltered post. In such circumstances, LER will strive to preserve the original meaning and intent of the content. 11. LER reserves the right to edit post headlines for clarity or search engine optimization (keyword inclusion). 12. LER reserves the right to make corrections for spelling and grammar. 13. LER reserves the right to reproduce blogger bios and accompanying pictures in LER’s marketing and promotional materials.

Visitors

LER’s communities are intended to enable lively but civil interaction. Use of language that is abusive, off-topic, uses excessive foul language, or includes ad hominem attacks will not be tolerated. LER reserves the right to determine what constitutes inappropriate behavior and to bar offenders at its sole discretion. Unless expressly permitted, you may not publish or reproduce the content that appears on any part of this site. LER reserves the right to block or remove postings or communications at any time at LER’s sole discretion.

Links to third-party websites

Some links on LER Websites may link to third-party sites. Such links are provided solely as a convenience to you. If you use these links, you will leave the LER Websites. LER is not obligated to review such third-party websites, does not control such third-party websites, and is not responsible for any such third-party websites or their content (or the products, services, or content available through the same). Thus, LER does not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the LER Network, you do so entirely at your own risk.

Linking to this Site

You may create links to this Site from other websites, but only in accordance with the following terms and in compliance with all applicable laws. Absent LER’s written authorization otherwise, a website that links to this Site:
  1. may link to, but shall not replicate, any content of the LER Websites (including any LER logo);
  2. shall not create a browser or border environment around any content of the LER Websites;
  3. shall not imply that LER endorses such website or any products, services, or content available through such website;
  4. shall not misrepresent its relationship with LER;
  5. shall not present false or misleading information about LER, its products, or its services;
  6. shall not contain content that could be construed as distasteful, offensive, or controversial; and
  7. shall contain only content that is appropriate for all age groups.

Trademarks

LER and any other product or service name or slogan or logo contained in the LER Websites are trademarks of LER or its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of LER or the applicable trademark holder. Ownership of all such trademarks and the goodwill associated therewith remains with LER or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing any name, trademark, or product or service name of LER without LER’s prior written permission. In addition, the look and feel of the Site (including all page headers, custom graphics, button icons, and scripts) is the service mark, trademark, and/or trade dress of LER and may not be copied, imitated, or used (in whole or in part) without LER’s prior written permission. Reference to any products, services, processes, or other information, by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by LER.

Procedure for making claims of infringement

LER respects the intellectual property rights of others. Accordingly, LER has a policy of removing User Submissions that violate copyright law, suspending access to the LER Websites (or any portion thereof) to any user who uses the LER Websites in violation of copyright law and/or terminating in appropriate circumstances the account of any user who uses the LER Websites in violation of copyright law. Pursuant to Title 17 of the United States Code, Section 512, LER has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of the LER Websites, please provide written notice to the following LER agent for notice of claims of infringement: Social Media Today, LLC Email: socialmediatoday@socialmediatoday.com Your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work or other intellectual property alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow LER to locate that material; (d) contain adequate information by which LER can contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.

International and export issues

LER makes no representation that the LER Websites is appropriate or available for use outside the United States and access to the LER Websites from territories where its contents are illegal or restricted is prohibited. If you choose to access the LER Websites from outside the United States, you do so on your own initiative and are responsible for compliance with applicable Laws.

Indemnification

You agree to indemnify, defend, and hold harmless the LER Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation of these Terms of Use. LER reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with LER’s defense of such claim.

Electronic communications

When you visit the Site or send e-mails to LER, you are communicating with LER electronically. LER may respond to you by e-mail or by posting notices on the Site. You agree that all such notices, disclosures, and other communications that LER provides to you electronically satisfy any legal requirement that such communications be in writing.

General

These Terms of Use constitute the entire and exclusive and final statement of the agreement between you and LER with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and LER with respect to such subject matter. The law of the State of Virginia shall be used to govern, construe and enforce all rights and duties of the parties arising from or in any way relating to the subject matter of these Terms of Use including, without limitation, the performance, construction interpretation and enforcement thereof. All lawsuits arising from or relating to these Terms of Use shall be brought in the Federal or State courts located in Albemarle County, Virginia, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of LER to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of LER and you as reflected in the provision, and that the other provisions of these Terms of Use remain in full force and effect. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use shall remain in full force and effect notwithstanding any termination of your use of the LER Websites. These Terms of Use will be interpreted without application of any strict construction in favor of or against you or LER. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by LER without restriction.

Modifications to these Terms of Use

LER may, in its sole and absolute discretion, change these Terms of Use from time to time. LER will post notice of such changes on the applicable Site. If you object to any such changes, your sole recourse shall be to cease using the LER Websites. Continued use of the LER Websites following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms of Use may be superseded by expressly-designated legal notices or terms located on particular pages of the LER Websites and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into these Terms of Use and to supersede the provision(s) of these Terms of Use that are designated as being superseded.

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