Terms & Conditions
SocialMediaAsia.com (the “Site”) is an online service subject to your compliance with the terms and conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. SocialMediaAsia. MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
Domestic and International copyright and trademark laws protect the entire contents of the Site. The owners of the intellectual property, copyrights and trademarks are SocialMediaAsia, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to SocialMediaAsia.com a non-exclusive, royalty-free, worldwide, sublicensable, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums, comments and newsgroups) or by e-mail to SocialMediaAsia.com by all means and in any media now known or hereafter developed. You also grant to SocialMediaAsia.com the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You also grant to SocialMediaAsia.com the right to republish and own full rights to any articles, commentaries, or stories submitted to SocialMediaAsia.com that we either pay you or you provide without charge or you provide for a barter or exchange of services. You agree that you shall have no recourse against SocialMediaAsia.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications to SocialMediaAsia.com or any of its sites.
Any names of SocialMediaAsia.com or its Web sites, publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of SocialMediaAsia, including the “look” and “feel” of the Site, SocialMediaAsia’s color combinations, layout, and all other graphical elements. Any use of SocialMediaAsia’s trademarks is strictly prohibited without the express permission from SocialMediaAsia.com Other product and company names mentioned in the Site may be the trademarks of their respective owners.
3. Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by SocialMediaAsia, SocialMediaAsia.com does not operate, control or endorse any information, products or services on the Internet in any way. Except for SocialMediaAsia- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with SocialMediaAsia. You also understand that SocialMediaAsia.com cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
In connection with your use of the Site, you agree you will not:
a) Transmit any message, information, data, text, software or images, or other content (“Material”) that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libelous, or otherwise objectionable that may invade another’s right of privacy or publicity;
b) Impersonate any person or entity, including but not limited to, an SocialMediaAsia.com official, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity;
c) Post or transmit any Material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
d) Post or transmit any Material that contains a virus or corrupted data;
e) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
f) Use the Site’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
g) Post or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam,””chain letters,” “pyramid schemes” or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;
h) Violate any applicable local, state, national or international law;
i) Upload or transmit any Material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; or
j) Delete or revise any Material posted by any other person or entity.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. SocialMediaAsia.com PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND SocialMediaAsia.com SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR RISK. SocialMediaAsia.com HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL SocialMediaAsia.com BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF SocialMediaAsia.com OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, SocialMediaAsia’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site and all charges related thereto.
You agree to indemnify, defend and hold harmless SocialMediaAsia, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or your use and access of the Site.
6. Third Party Rights.
The provisions of paragraphs 3 (Use of the Site), and 5 (Indemnification) are for the benefit of SocialMediaAsia.com and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
7. Term; Termination.
Either party without notice may terminate this Agreement at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 3 (Use of the Site), 5 (Indemnification), 6 (Third Party Rights) and 11 (Miscellaneous) shall survive any termination of this Agreement.
8. Special Admonitions for International Use.
Recognizing the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
9. Dealings with Third Parties.
Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that SocialMediaAsia.com shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
The Site may provide, or third parties may provide, links to non-SocialMediaAsia.com Because SocialMediaAsia.com has no control over such sites and resources, you acknowledge and agree that SocialMediaAsia.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that SocialMediaAsia.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. SocialMediaAsia’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. SocialMediaAsia.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
Some of the information on this Web site may contain projections or other forward-looking statements regarding future events or the future financial performance of SocialMediaAsia.com We wish to caution you that these statements are only predictions and that the actual events or results may differ materially.
FOR ADVERTISERS, SPONSORS, and CLIENTS:
Client is responsible to provide its own artwork, images, graphics, copy, text, and any other materials required for the sponsorships, (the “Materials”). Any Materials submitted to Website must be in accordance with its sponsorship specifications and deadlines. All Materials are accepted “as is” by Website and any errors must be corrected by Client before submission to Website. All changes must be received by Website at least three business days before publication date. Client shall not expect changes to take effect unless a duly signed letter or email is sent by Website or its representatives to Client before the newsletter is published.
This agreement is the entire agreement between the parties with respect to this matter and this letter agreement, or any term of this letter agreement, may not be changed, modified or waived without a change by Website, with or without notice to Client. Client cannot assign its rights or delegate its duties under this Agreement.
Website reserves the right to refuse any sponsorship request or to cancel the campaigns that do not fulfill the obligations set in the invoice or agreement. Website reserves the right to make editorial changes to the sponsorship program and the frequency and placement of sponsorships for each sponsor. Website has the right to alter the sponsorship at any time with or without consent of Client. In such cases, Website will not be held liable for any claims arising from these alterations.
Website does not guarantee the timeliness of content reception by subscribers due to the uncontrollable nature of service outages in domestic or international telecommunications infrastructure or by telecommunication services providers resulting from equipment and/or software failure, power failures, prohibitive laws and regulations, and/or telecommunication network failures. Client assumes all related risks and loss of business due to these occurrences and shall not hold Website responsible for these losses.
ACCEPTANCE OF SPONSORSHIP POLICY
Sponsorship is accepted and published entirely on the consideration that the sponsor and/or agency will indemnify and save Website harmless from and against any claims or suits based upon any aspect of subject matter of the sponsorship. Website reserves the right to reject sponsorships considered unacceptable as to wording, appearance, or for any other reason. No sponsorship for Client shall be carried out unless this contractual agreement is signed by Client, returned to Website, and a letter or email of confirmation is returned to Client.
Website accepts sponsorship based on Client’s representation that Client has the right to publish and display the content. Client agrees to indemnify and hold Website and its staff harmless from, and against, any expense, liability, claim or loss that results from any claims arising out of online publication and display of Client’s sponsorship.
Website will substitute sponsorship creative materials during the course of campaigns without charge. Client must allow at least 72 hours to make these changes. In the event of an email “e-blast”, changes can not be made once the email begins sending to the Website’s database. Website also has full authority to use its own subject line, with possible suggestions from Client, on all emails sent on behalf of Client. Website has ultimate authority to choose the best subject line for email sendings, and both the “from name” and “From email address” shall be the Website’s own, and not the Client’s. Website shall also utilize its own or a third party email system to automatically collect all unsubscribed users form its own database.
Send Website cancellation and/or modification notices in writing through email. In the case of cancellations, Website will bill Client for 30 days of service from the cancellation date or until the remainder of Client advertising campaign is complete, which ever occurs first. All insertion orders and creative materials are subject to Website’s final approval.
Website will reject any creative that it believes to be inappropriate for the Website audience or that does not satisfy its technical art or the requirements. If Website make a mistake on placement, Website will attempt to correct the mistake, at its sole discretion. In the event that Website provides editorial coverage for Client, Website shall have 100% authority of the nature and extent of content to place, with or without prior approval or notice to Client.
We will not be liable for any costs or damages, consequential or otherwise, as a result of any mistake, omission, error or for any other reason.