Use of Site
Registration and Access Controls
You are responsible to ensure you have the needed technology, equipment, and services required in order to access SMHQ. You may make use of SMHQ without registration, but some assets of the Site require registration with login details and a password. You are required to keep your login details safe and secure, as you are fully responsible for any activities that take place under the use of your username and password. You agree to notify SMHQ immediately if you feel your login details are no longer secure. If SMHQ believes your login details have been compromised, SMHQ reserves the right to require you to reset your password in order to maintain access.
Activities Prohibited on the Site
The following is a partial list of the types of conduct that are illegal or prohibited on SMHQ. SMHQ reserves the right to investigate and take appropriate legal action against anyone who, in SMHQ sole discretion, engages in any of the prohibited activities on the Site. Prohibited activities include, but are not limited to, the following:
Using SMHQ for any purpose in violation of local, state, national, or international laws;
- Posting material that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
- Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by SMHQ in its sole discretion or pursuant to local community standards. SMHQ takes no responsibility for monitoring such content or in evaluating it;
- Posting advertisements or solicitations of business;
- After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free–form);
- Posting chain letters or pyramid schemes;
- Impersonating another person;
- Distributing viruses or other harmful computer code which is malicious or technologically harmful;
- Harvesting or otherwise collecting information about others, including e–mail addresses, without their consent;
- Allowing any other person or entity to use your identification for posting or viewing comments;
- Posting the same note more than once or “spamming”;
- Harassing, threatening, stalking, or abusing any person;
- Attempting to gain unauthorized access to, interfere with, damage or disrupt any parts of SMHQ, the server on which SMHQ is stored, or any server, computer or database connected to SMHQ; or
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying SMHQ, or which, in the sole discretion of SMHQ, exposes the Site or any of its customers or suppliers to any liability or detriment of any type.
Monitoring and Enforcement; Termination
SMHQ reserves the right, but is not obligated, to do any or all of the following:
- Record the dialogue or content posted on any pages of SMHQ;
- Monitor, edit, or disclose any posting on SMHQ; and
- Edit or delete any communications posted on SMHQ, regardless of whether such communications violate these standards; or
- SMHQ may disclose user information including personal identity and other personal information to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Without limiting the foregoing, SMHQ has the right to fully cooperate with any law enforcement authorities or court order requesting or directing SMHQ to disclose the identity or other information of anyone posting any materials on or through SMHQ or any Sites. YOU WAIVE, AND HOLD HARMLESS SMHQ FROM, ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SMHQ DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY ANY OF THE SITE, LAW ENFORCEMENT AUTHORITIES OR OTHER THIRD PARTIES.
SMHQ does not undertake to review any materials before you have posted them on the site, and cannot ensure prompt removal of objectionable material after it has been posted. SMHQ assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. SMHQ has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
SMHQ has the right to terminate your account and access to the Site for any reason, including, without limitation, if SMHQ, in its sole discretion, considers your use to be unacceptable. SMHQ may, but shall be under no obligation to, provide you a warning prior to termination of your use of the site.
SMHQ and the content are provided on an “as is” and “as available” basis. TO THE FULLEST EXTENT PERMITTED BY LAW, SMHQ, ITS LICENSORS, AFFILIATES AND SUPPLIERS, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON–INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. SMHQ makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Site. SMHQ cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. SMHQ cannot and does not guarantee or warrant that files available for downloading from SMHQ will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties. SMHQ cannot and does not guarantee or warrant that any content you post on SMHQ will remain on SMHQ. SMHQ does not warrant or guarantee that the functions or services performed on SMHQ will be uninterrupted or error–free or that defects in the Site will be corrected.
SMHQ may include content provided by third parties, including materials provided by other users, bloggers and third–party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by SMHQ, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of SMHQ. SMHQ is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Limitation of Liability
SMHQ’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH SMHQ IS TO DISCONTINUE YOUR USE OF THE SITE. SMHQ AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF SMHQ OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF SMHQ. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR HEALTH–RELATED ISSUES, LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SMHQ HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SMHQ’S AND ITS VENDORS’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW AND IN NO EVENT MORE THAN $100.
By submitting or posting content to your User Profile, you grant SMHQ, its affiliates, subsidiaries, assigns, agents, and licensees the irrevocable, non-exclusive, perpetual, royalty-free, worldwide right to reproduce, modify, publish, edit, sell, display, archive, perform, translate, distribute, adapt, sublicense, and broadcast content in any medium. Once you submit or post content to the User Profile, you waive any moral rights you have in your User Content.
Any content that you submit or post to the User Profile will be considered non–confidential and non–proprietary. You may not post the following items: any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit, or otherwise objectionable subject matter. You are solely responsible for anything you may post on the User Profiles and the consequences thereof.
SMHQ is not responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the User Profiles. By providing SMHQ with “User Content”, you agree to the following conditions of use.
- Your User Content is created exclusively by you and you have full knowledge of being within the copyright, trademark, or other intellectual property rights laws.
- You agree to give SMHQ a perpetual, non-exclusive copyright to the User Content.
- You are at least 18 years old and are the individual pictured within your Bio.
- You are responsible for the originality and accuracy of your User Content.
- Your User Content is not known by you to be false, inaccurate, or misleading.
- Your User Content does not promote illegal activity.
- Your User Content does not harass, bully, unlawfully threaten, sexual, disparage or use racially offensive languages or images.
- Your User Content does not contain commercial advertising.
- Your user Content does not personally attack an author of a post.
- Your User Content does not contain potentially damaging programs or files such as any, worms, adware, viruses, spyware, or others.
- You agree to give SMHQ the right to edit post headlines for clarity or search engine optimization and edit content to correct spelling and/or grammar.
- You agree to give SMHQ the right to display advertisement around User Content.
- You agree to give SMHQ the right to display summary versions of User Content with a link back to the original post.
- You agree to give SMHQ the right to remove any shared links or advertising accompanying contributed posts.
- You agree to give SMHQ the right to syndicate all contributed content in summary form via RSS to third parties.
- You are responsible for your own content of all information contribute, link to, or otherwise upload to SMHQ. If content is found unlawful by a third party, you will have the full responsibility of establishing that the materials complies with all local, state, national, or international applicable laws.
- You agree to give SMHQ the right to change fonts and styles, images alignments, and layout to ensure that posts comply with SMHQ site styling.
- You release SMHQ and its sponsors of the site from any claims and/ or liability related to your use of SMHQ.
- You agree to give SMHQ the right to refuse to publish content at SMHQ’s discretion.
- If you knowingly submit plagiarized work you will be banned from the site.
SMHQ has the right to remove postings and block any visitor that uses foul language that is offensive to others. SMHQ has the right to determine what inappropriate behavior is.
Modifications to the Service
SMHQ reserves the right to update, expand, or terminate its Site at any time with or without notice.
Links to third-party websites
If SMHQ contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. SMHQ has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to SMHQ, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
SMHQ may disable all or any social media features and any links at any time without notice in our discretion.
Social Media Headquarters® and Social Media HQ® are registered Trademarks owned by Social Media Headquarters, LLC. The Trademarks may not be used, altered, copied, or imitated without the express written permission of Social Media Headquarters, LLC. Additionally, you may not use Social Media Headquarters and Social Media HQ Trademarks within metatags or other “hidden text” without the company’s prior written consent. The design of SocialMediaHQ.com website is also protected by the aforementioned Trademarks and is not to be imitated, copied, or used in whole or in part without the express written consent of Social Media Headquarters, LLC.
SMHQ respects intellectual property rights and copyrights of others. SMHQ is not required to, and does not scan for impermissible content. SMHQ does not allow copyrighted content to remain on the site and users posting such content will be banned from SMHQ. If you feel your copyrighted work or other intellectual property been published on SMHQ without your consent, please contact SMHQ at [email protected] with the following information:
- The name, postal address, telephone number, email address, and physical or electronic signature of the copyright holder or complaining party.
- Identification of the copyrighted work or a list of such intellectual property works believed to be infringed.
- The rightful location of such copyrighted works.
- Identification of the infringing materials and instructions to locate them on SMHQ. (preferably links to the works in question)
- A statement that the copyright holder or complaining party has a good faith belief that the content is used in a manner not authorized by the copyright or intellectual property owner, its agent, or the law.
- A signed statement that the notice is accurate and, under penalty of perjury, that the complaining party is authorized to act on the behalf of the owner.