By using the socialmod.com web site (“Service”), or any services of Lead Thinking LLC (“Lead Thinking”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

Lead Thinking reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.socialmod.com/pages/terms

Violation of any of the terms below will result in the termination of your Account. While Lead Thinking prohibits such conduct and Content on the Service, you understand and agree that Lead Thinking cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Account Terms

  1. You must be 18 years or older to use this Service.
  2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  4. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.
  5. You are responsible for maintaining the security of your account and password. Lead Thinking cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  6. You are responsible for all files uploaded and activity that occurs under your account (even when files are uploaded by others who have accounts under your account).
  7. One person or legal entity may not maintain more than one free account.
  8. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Account Information and Data

Lead Thinking does not own any data, information or material that you store in your account, and takes no responsibility whatsoever for the contents of your account. We will not disclose any information regarding you or your account, including any data, without your prior permission except in accordance with this Agreement. Please be aware that Lead Thinking does provide certain user registration and statistical information such as usage or user traffic patterns in aggregate form to third parties, but such information will not include personally identifying information. Lead Thinking may access your account, including its data, to respond to service or technical problems or as stated in this Agreement or where required by applicable law. You, not Lead Thinking, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all data stored in your account. Furthermore, Lead Thinking shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any data.

Payment of Fees

The fees applicable for the socialmod service are available at http://www.socialmod.com and as published within the service. Lead Thinking reserves the right to change the Fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to you (which may be sent by email to the address you have most recently provided us).

Third Party Link Terms

Lead Thinking does not endorse any sites on the Internet that are linked through any of its services. Lead Thinking is providing these links to you only as a matter of convenience, and in no event shall Lead Thinking be responsible for any content, products, or other materials on or available from such sites.

API Terms

Customers may access their socialmod account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses socialmod, is bound by the terms of this agreement plus the following specific terms:

  1. You expressly understand and agree that Lead Thinking shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Lead Thinking has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
  2. Abuse or excessively frequent requests to socialmod via the API may result in the temporary or permanent suspension of your account's access to the API. Lead Thinking, in its sole discretion, will determine abuse or excessive usage of the API. Lead Thinking will make a reasonable attempt via email to warn the account owner prior to suspension.
  3. Applications built upon the API must be for individual users.
  4. Applications build upon the API may not allow users to input username/password information. Applications must use the provided authentication system where users authenticate the API directly with socialmod
  5. Lead Thinking reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
  6. You must report any security deficiencies or breaches related to your application as soon as possible upon discovering them, via email to info@socialmod.com. You must also take immediate action to correct any deficiency and disable any intrusion or intruder. You must not make any public statement regarding any such deficiency without the prior written consent of Lead Thinking.

Payment, Refunds, Upgrading and Downgrading Terms

  1. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
  2. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only US taxes.
  3. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
  4. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Lead Thinking does not accept any liability for such loss.

Cancellation and Termination

  1. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account link in the menu bar at the top of the screen. The Account screen provides a simple no questions asked cancellation link.
  2. All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
  3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
  4. Lead Thinking, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Lead Thinking service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Lead Thinking reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

  1. Lead Thinking reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the socialmod Site (http://www.socialmod.com) or the Service itself.
  3. socialmod shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

  1. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.
  2. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Lead Thinking.

Moderation

The moderator will use reasonable efforts to provide (the Services as defined) but it is expressly understood and agreed that except in an amount not exceeding all amounts that have actually been paid to Lead Thinking by you for moderation services during the 6 months preceding any claim by you:
  1. Lead Thinking shall not be liable to you or to any third party for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Lead Thinking has been advised of the possibility of such damages), resulting from its moderation.
  2. Lead Thinking does in no way guarantee the accuracy of its moderation.
  3. Lead Thinking makes no guarantees as to the speed that content is moderated, or that content is successfully moderated.
  4. Lead Thinking offers no liability or responsibility to you or to any third party for content moderated through its service.

General Conditions

  1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
  2. Technical support is only provided to paying account holders and is only available via email.
  3. You understand that Lead Thinking uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Lead Thinking, or any other Lead Thinking service.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Lead Thinking.
  6. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Lead Thinking customer, employee, member, or officer will result in immediate account termination.
  8. You understand that the technical processing and transmission of the Service, including your Content, may be transfered unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  9. You must not upload, post, host, or transmit unsolicited email, or “spam” messages.
  10. You must not transmit any worms or viruses or any code of a destructive nature.
  11. If your bandwidth usage is excessive, we reserve the right to immediately disable your account until you can reduce your bandwidth consumption. Lead Thinking, in its sole discretion, will determine abuse or excessive usage.
  12. Lead Thinking is in no way liable for loss of customer data. Under no circumstances will Lead Thinking be held accountable for any loss of customer data. By becoming a socialmod user you, the customer, acknowledge that you forfeit the right to hold Lead Thinking accountable for any and all technical errors, including loss of user files (customer data).
  13. Lead Thinking does no way guarantee the integrity and/or security of your files.
  14. Lead Thinking does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
  15. You expressly understand and agree that Lead Thinking shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Lead Thinking has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
  16. The failure of Lead Thinking to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Lead Thinking and govern your use of the Service, superseding any prior agreements between you and Lead Thinking (including, but not limited to, any prior versions of the Terms of Service).
  17. Should for any reason or to any extent any provision of this User Agreement be held invalid or unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this User Agreement and the application of that provision shall be enforced to the extent permitted by law.
  18. This User Agreement shall be governed and construed in accordance with the substantive laws of the United States of America. Any dispute, controversy or claim arising out of or in connection with this User Agreement will be subject to the jurisdiction of the courts of the United States of America, Delaware Circuit Court being the court of first instance.
  19. Questions about the Terms of Service should be sent to support support@socialmod.com.