Terms of Service
Last updated: 2022-11-14
mysocial may change the terms and conditions in this Policy at any time for any reason. The actual up to date version will always be published on our Site and you are responsible for reviewing the changes.
mysocial provides a service that enables content creators to connect with other like-minded content creators (collectively, the“Site”, “platform”, “service” or “Services”).
- To register onto the Platform, You warrant to mysocial that:
- You are at least 13 years old. If You have not reached the age of legal majority in Your state or jurisdiction of residence, You must have obtained parental or guardian consent to create an account on the Platform.
- You have at least one youtube account and/or instagram account and is active and public upon your registration to the Platform and which should remain as such during the time of Your time on the Platform. An active account cumulatively means:
- For a youtube account: an account which has at least two thousand subscribers upon Your registration to the Platform.
- For an instagram account : an account which has at least two thousand followers upon Your registration to the Platform.
- For an TikTok account : an account which has at least two thousand followers upon Your registration to the Platform.
- mysocial reserves the right at any time during Your subscription, and You allow mysocial to do so, to verify that Your Instagram/TikTok/Youtube account comply with the above-mentioned conditions. In the event where Your instagram and/or youtube account do not or do not longer comply with these conditions, mysocial reserves the right to deactivate and/or to terminate Your Creator Account, followed with a notification email.
- You will not and/or You will not have a third party falsely increase automatically and/or manually views, impressions and/or clicks associated with Your content published on Your instagram and/or youtube account, nor authorize or encourage any third party offering any financial incentive to do the same.
- You must indicate Your name, age, gender, email address, phone number, city, country, geo-location and content category and You warrant that the information indicated in Your mysocial account are accurate and up to date,
- You acknowledge and agree that You are solely responsible for Your username and password associated with Your Account. Any suspicion of disclosure, whether intentional or not of such username and/or password will be under your sole liability. In no event shall mysocial be liable for any illicit or fraudulent use of Your username and password nor of any tool which is at Your disposal within Your Account.
- You may request from mysocial at any time to terminate Your Account subject to the sending of a prior written notification of at least fifteen days' sent to mysocial (email being sufficient) at the following email address: firstname.lastname@example.org.
- In the event of a breach by You of one of Your obligations as provided hereunder, mysocial may suspend, deactivate and/or terminate Your Account, at its sole discretion, subject to the sending of a notification email.
Use Void When Prohibited
Membership in the Service is void where prohibited.
The Site and its original content, features and functionality are owned by mysocial. and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Except where prohibited, by using the Service, you irrevocably agree that we, our partners or affiliates, may use your name, likeness, voice, photograph and any content you include with your videos and images (such as your YouTube channel name or title and video description) or YouTube channel and instagram account (collectively, "Your Likeness") throughout the world, in perpetuity, in any media, without limitation or compensation to you. By using the Service, you permanently waive all intellectual property rights, privacy/publicity rights and other legal or moral rights that might preclude the use of your videos and Your Likeness, and you agree not to sue or assert any claim against us or our partners or affiliates relating to the use of your videos and images or Your Likeness.
Regarding third party content
Creators may upload trademarks, materials, photographic and/or video content (together the "Third Party Content") via their mysocial account under their sole liability.
In no event shall mysocial be liable, in any manner whatsoever, of Third Party Content uploaded on the Site and/or the Platform, including, without limitation, in the event of a claim arising from a Third Party Content, an error and/or omission related to a Third Party Content, or for any loss or damage resulting from and/or arising from the use of a Third Party Content.
You must evaluate and bear risks related to the use of a Third Party Content notably with regards to the accuracy, completeness and usefulness of such Third Party Content.
You acknowledge and agree that any question, comment, suggestion, enhancement, idea, and other information regarding the Services (the « Propositions") that you may supply to mysocial are not confidential information and that mysocial is entitled to use and disclose, without any restriction, the Propositions for any purpose, whether commercial or not, without any recognition nor consideration.
Some parts of the Service are billed on a subscription basis (‘Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are on a weekly, monthly or Yearly basis.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Mysocial cancels it. You may cancel your Subscription renewal directly through the Apple Appstore or Google Play store.
Mysocial may, at its sole discretion, offer Subscription with a free trial for a limited period of time (“Free Trial”).
You may be required to proceed with an in-app purchase in the Google Play Store or Apple Appstore in order to sign up for the Free Trial. If you do sign up for the Free Trial, you will be charged by Mysocial when the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effective constitutes your agreement to pay the modified Subscription fee amount.
Certain refund requests for Subscriptions may be considered by Mysocial, on a case-by-case basis and granted in sole discretion of Mysocial.
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Links to other sites
This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Sweden, without giving effect to any principles of conflicts of law.
Warranty disclaimer and remedies
USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. mysocial DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND mysocial DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Your sole and exclusive remedy for any failure or nonperformance of the Services shall be for mysocial to use commercially reasonable efforts to adjust or repair the Services.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL mysocial OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS mysocial) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY
DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF mysocial SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, mysocial IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF mysocial TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
mysocial and you agree that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind mysocial in any respect whatsoever.
You will not access (or attempt to access) the Site by any means other than the interface provided, and you will not use information from the Site for any purpose other than the purpose for which it was made available. You will not engage in any activity that interferes with or disrupts the functioning of the Site. You will not upload or attach an invalid or malicious or unknown file. You will not insert any external links that may be malicious or unknown to you, or used for offering any goods or services other than Services.
mysocial does not control, is not responsible for and makes no representations or warranties with respect to any user or user conduct. You are solely responsible for your interaction with or reliance on any user or user conduct. You must perform any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user or user conduct.
You are also responsible for your own conduct and activities on, through or related to mysocial, and, if you create an account on mysocial, you are responsible for all conduct or activities on, through or by use of your account.
You agree to indemnify and hold mysocial representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your own conduct or activities on, through or related to mysocial, and related to or arising out of any conduct or activities on, through or by use of your mysocial account, if any. This indemnification obligation includes payment of any attorneys' fees and costs incurred by mysocial Representatives.
UNAUTHORISED ACCESS AND ACTIVITIES
Any copying, aggregation, display, distribution, performance or derivative use of mysocial or any content posted on mysocial whether done directly or through intermediaries (including but not limited to by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds) is prohibited.
Circumvention of any technological restriction or security measure on mysocial or any provision of the ToS that restricts content, conduct, accounts or access is expressly prohibited. For purposes of this paragraph, you agree that cached copies of mysocial webpages on your computer or computer server constitute "copies" under the Copyright Act, 17 U.S.C. § 101. For purposes of this paragraph, you further agree that CAPTCHAs and email or telephone verification are "technological measures" that effectively control access to copyright-protected components and rights of mysocial pursuant to 17 U.S.C. § 1201.
Any effort to decompile, disassemble or reverse engineer all or any part of mysocial in order to identify, acquire, copy or emulate any source code or object code is expressly prohibited.
Any activities (including but not limited to posting voluminous content) that are inconsistent with use of mysocial in compliance with the ToS or that may impair or interfere with the integrity, functionality, performance, usefulness, usability, signal-to- noise ratio or quality of all or any part of mysocial in any manner are expressly prohibited.
Any attempt (whether or not successful) to engage in, or to enable, induce, encourage, cause or assist anyone else to engage in, any of the above unauthorized and prohibited access and activities is also expressly prohibited and is a violation of the ToS.
USER COMMUNICATIONS, TRANSACTIONS, INTERACTIONS, DISPUTES AND RELATIONS
mysocial and mysocial Representatives are not parties to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, person or organization ("your interactions with others"). You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to your interactions with others.
You agree to indemnify and hold mysocial and mysocial Representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your interactions with others. This indemnification obligation includes payment of any attorneys' fees and costs incurred by mysocial and mysocial Representatives.
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