Last Updated: 06-13-21
Effective Date: 10-20-17
These Terms are a binding contract governing the relationship between you and Socialchair (referred to collectively herein as “We,” “Us,” or “Socialchair”). Please read the Terms carefully before clicking “I accept.” Signing up for a Socialchair account and accessing Socialchair’s services means you understand, accept, and agree to be bound to the Terms. If you do not agree with these Terms, you must not access or use the services. By using the services, you represent and warrant that you can legally form a binding contract with Socialchair – meaning you are either of legal age to form a binding contract, 18 years or older, or if you are between 13 and 17, your parent or legal guardian has reviewed and agreed to these Terms.
We may change or modify these Terms at any time. We will do our best to inform you in
advance of any changes to these Terms. We will notify you of any material changes by posting a
notice on Socialchair. Please read and make sure you understand and agree with the new Terms
before its effective date.
After the effective date, using the services in any way means you agree and are bound to the new Terms. If you do not agree with the modifications, you are free to reject them, but must not access or use the services.
Socialchair is offered via an application on mobile devices. Your mobile carrier’s normal messaging, data, and other rates and fees may apply when using the app. You are responsible for any rates and fees that you may incur through the use of the app.
Socialchair and its features and functionality are owned by Socialchair and protected by federal and international copyright, trademark, and trade secret. You are not allowed to use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, or otherwise exploit for any purpose any of Socialchair’s branding, logos, designs, photographs, videos, software, displays, or any other materials used in our services. Your use of the services is limited to your personal, non-commercial use. If you wish to make any commercial use of the services, or material found through the use of services, please address your request to: email@example.com.
Our services allow you to upload, send, and receive content on Socialchair (“content”). All content must comply with the standards set out in these Terms. You are responsible for all content you contribute to the services, and you represent and warrant that you have all necessary rights to use the content in the manner with which you contribute.
By uploading and sending content, you hereby grant Socialchair’s users a non-exclusive, royalty- free, non-transferable license to access, use, reproduce, adapt, distribute, display, and perform such content for personal, non-commercial purposes. Socialchair is not responsible for any disputes with users who violate this non-commercial license.
You agree to abide by authorized uses of others’ content, such that you may use, reproduce, adapt, distribute, display, and perform users’ content solely for personal, non-commercial purposes.
You may remove your content from Socialchair at any time. Unless otherwise removed, conversations will remain available on the app and hangouts will be available for 12 hours or 7 days.
We request that all Socialchair users act as good digital citizens at all times. You agree not to use your account in any unlawful manner or post or send content that: • violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property right; • promotes any illegal activity; • disables, overburdens, damages, or impairs the Socialchair app; • bullies, harasses, harms, threatens, abuses, or intimidates; • defames; • discriminates based on race, sex, religion, nationality, disability, sexual orientation, or age; • falsely impersonates any other person or entity; • makes available third-party private information; • spams or solicits Socialchair users. We may access, review, screen, and delete your content at any time if we believe it violates these standards. Violation of these standards can result in the termination of your Socialchair account.
Socialchair is not responsible in any way for interactions between you and other users, including any guarantees or representations made by other users. Socialchair is under no obligation to be involved in any dispute between users. In the event of such a dispute, you release Socialchair from claims, demands, and damages of every kind. If you are a California resident, you waive California Civil Code Section 1542: “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.”
This section only applies to users who are subject to the laws in the state of California. You agree to comply with California Education Code §66450-66352 and any associated regulations. You acknowledge and represent that you have read and understand these provisions. Violation of these provisions can result in the termination of your right to use Socialchair and may also subject you to other penalties outside of Socialchair’s control.
YOUR USE OF SOCIALCHAIR AND ITS CONTENT ARE AT YOUR OWN RISK. THE
APP AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
NEITHER SOCIALCHAIR NOR ANY PERSON ASSOCIATED WITH SOCIALCHAIR
MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE
COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR
AVAILABILITY OF THE SOCIALCHAIR APP. WITHOUT LIMITING THE FOREGOING,
NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY
REPRESENTS OR WARRANTS THAT THE APP OR ITS CONTENT WILL BE
ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL
BE CORRECTED, THAT SOCIALCHAIR OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT
SOCIALCHAIR OR ITS CONTENT WILL OTHERWISE MEET YOUR NEEDS OR
SOCIALCHAIR HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL SOCIALCHAIR NOR ANY OF OUR EMPLOYEES, AFFILIATES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE SERVICES, ANY WEBSITES LINKED TO SOCIALCHAIR, ANY CONTENT, SERVICES OR ITEMS OBTAINED ON SOCIALCHAIR OR SUCH OTHER WEBSITES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless Socialchair and any of our employees, affiliates, agents, or other representatives from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees, including reasonable attorneys' fees, arising out of or relating to your violation of these Terms or your use of the services.
You agree that you choose to access Socialchair at your own risk and on your own initiative and are responsible for compliance with all applicable local laws. These shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. Any dispute under these Terms shall be subject to the exclusive jurisdiction of the state or federal courts in Los Angeles, California, and by using Socialchair, you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections as to jurisdiction or venue in such courts.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY
REQUIRE YOU TO ARBITRATE DISPUTES WITH SOCIALCHAIR AND LIMIT THE
MANNER IN WHICH YOU CAN SEEK RELIEF FROM SOCIALCHAIR.
All claims and disputes arising out of, relating to, or in connection with the Terms that cannot be resolved informally or in small claims court will be resolved by binding arbitration on an individual basis.
The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”). If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
If any provision of the Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force. Please familiarize yourself with this policy and feel free to reach out to firstname.lastname@example.org with any questions or concerns.
Last Updated: 02-26-20
Effective Date: 10-20-17