terms of service
By using the GroSocial.com website ("Site") or any of the services provided by GroSocial, Inc. ("GroSocial", "we", "us", or "our"), including,
but not limited to Swap, GroSocial, and SuggestThis (collectively the "Services"), you are agreeing to be bound by the following terms and conditions
dissatisfaction with the Site or any Services is to stop using the Site and/or those particular Services. Your agreement with us regarding compliance with
These Terms of Service are effective as of March 1, 2011. We expressly reserve the right to change these Terms of Service from time to time without notice
to you. You agree that it is your responsibility to review these Terms of Service from time to time and to familiarize yourself with any modifications. Your
continued use of this Site or any Services after such modifications will constitute acknowledgement of the modifications and agreement to abide and be bound
by the revised Terms of Service. You can review the most current version of the Terms of Service at any time at: http://www.grosocial.com/terms
. For questions
about the Terms of Service please email info at GroSocial dot com.
Violation of any of the terms below will result in the suspension or termination of your account without a right to any refund if you have subscribed to
any premium services.
To register for the Services, you must be 13 years or older, provide your legal full name, a valid email address for you, a valid phone number for you,
and any other information requested in order to complete the signup process, and you must be a human - sorry robots. If you are a company with multiple
individuals, each person must have their own login - a single login may not be shared by multiple people. By submitting your information, you also grant
us the right to disclose to third parties certain Registration Data about you. The information we obtain through your use of this Site or Services, including
, which is specifically incorporated by reference into these Terms of Service.
DESCRIPTION OF OUR SERVICES; Payment for Subscription Services
CANCELLATION AND TERMINATION
General: We make the Services available in both free and premium versions through the Site.
We reserve the sole right to either modify or discontinue the Site or any of the Services or
features that might be available through a free or premium model, at any time with or without notice to you.
We will not be liable to you or any third party should we exercise such right. Any new features that augment or
enhance the then-current Services shall also be subject to these Terms of Service.
Premium Services: The premium Services provide features that are not available in the free version of our
Services. For complete pricing and feature details for our free and premium Services
For premium Services, you agree to pay us the applicable subscription fee as set forth on
the Site until you cancel your subscription. We reserve the right to increase a Service's
fees or institute new charges upon reasonable notice to you. Service fees are due in
advance of access to the premium features and are offered in one month increments. Your subscription will
automatically renew for the monthly subscription period until you notify us of your decision to terminate
your subscription. All subscription fees are earned in full when paid and are not refundable. Subscription
fees are exclusive of all taxes, levies, or duties imposed by taxing authorities for which you shall be solely
responsible to pay. We will not issue 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 to this practice
will be made. You may cancel your membership at any time by contacting our support team at info at GroSocial dot com
and requesting cancellation. Accordingly, you agree that the subscription fee will be billed automatically at the
beginning of each renewal period at the then-current rate to the credit card you used in your most recent
transaction with us. Cancellations must be received at least 2 business days prior to the next billing
cycle to avoid additional monthly charges.
Trial Offers: In certain cases, our premium services may be provided on a free or limited trial basis. There is a limit of one free or
limited trial offer, if any, per business during any given one-year period unless otherwise stated in the offer.
If you do not cancel your trial subscription during the offer period, we will charge the credit card you provided
during the registration process for the applicable monthly subscription fee.
Upon cancellation, all of the content you have created and posted through the Services ("User Content") will be immediately deleted. This
information cannot be recovered once your account is cancelled. We do not accept any liability for loss of your User Content due to cancellation
of your account. If you cancel the Service before the end of your current paid up month, your cancellation will remain in effect until the end of
the current subscription period and you will not be charged again.
CONDUCT WHEN USING THE SITE AND SERVICES
Your use of the Site and Services is subject to all applicable laws and regulations, and you are solely responsible to assure that your use
of the Site and Services is in compliance therewith. Your use of the Services is at your sole risk and is provided on an "as is" and "as available"
basis. You must not modify, adapt or hack the Services or modify another website so as to falsely imply that it is associated with the Services,
GroSocial, or any other GroSocial service. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of
the Services, or access to the Service without the express written permission by GroSocial. You may not overwhelm the Site or Services by using
significantly more bandwidth than other customers, which in our sole discretion, degrades the reliability, speed, or operation of the Site, Services
or any underlying hardware or software thereof. The Site and Services may not be used in connection with promoting anything, which in GroSocial's
sole discretion is, harmful, hateful, obscene, or unlawful. You must not use the Site or Services to transmit any worms, viruses or any code of a
CONTENT & INTELLECTUAL PROPERTY
By posting User Content through the Services, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution
of any content -- including text, communications, software, images, sounds, data, or other information -- that:
a. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains
explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature
directed at another individual or group of individuals), or otherwise violates our rules or policies;
b. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation,
race, ethnicity, age, or disability;
c. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
d. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of
unauthorized solicitation, or any form of lottery or gambling;
e. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the
functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information
of any third party; or
f. impersonates any person or entity, including any of our employees or representatives.
We neither endorse nor assume any liability for any User Content. However, we and our agents have the right in our sole discretion to remove any
User Content that, in our judgment, does not comply with these Terms of Service or any other rules of user conduct for the Site or Services, or
is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent
to such removal and waive any claim against us arising out of such removal of User Content.
We claim no intellectual property ownership rights over the material you create, upload to, or post through the Services. While you retain all
rights in the User Content, you grant us and our agents and affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute,
display, perform, publish, translate, adapt, modify, and otherwise use such materials for any purpose regardless of the form or medium (now known or
not currently known) in which it is used, including but not limited to, display through the Services, and display on the Site for the purpose of
demonstrating how our Services can be used. You shall be solely responsible to make and retain any copies of the User Content you need for your
purposes before your account is terminated.
The look and feel of the Site and Services is a copyright © 2010 of GroSocial, Inc. All rights reserved. You may not duplicate, copy, or
reuse any portion of the HTML/CSS or visual design elements without express written permission from GroSocial.
INFRINGING USER CONTENT
If you believe that certain User Content that is being displayed through the Services violates the intellectual property rights of others,
please send a signed
statement to the Designated Agent listed below that (a) identifies the infringing content in enough detail that we
can identify it, (b) identifies the work the particular User Content infringes, (c) provides us your contact information, (d) includes the following
statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright
owner, its agent, or the law," (e) includes the following statement: "I swear, under penalty of perjury, that the information in the notification is
accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
Designated Agent for Claimed Infringement:
Contact: Zach Mangum
Email: info @ grosocial dot com
Address: 2500 Executive Parkway, Suite 120, Lehi, UT 84043
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials
from our Site or the Services without liability to you or any other party and that the claims of the complaining party and the party that originally
posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
CO-REGISTRATION RIGHTS TO USER INFORMATION
Many of the Services allow you to gather information from and about users who interact with the Services when they are displayed on your facebook page.
If you choose to gather information from your users through the Services (i.e. through SuggestThis or GroSocial), you agree that the user information
RIGHT TO ANNOUNCE OUR RELATIONSHIP
By subscribing to either our free or premium Services, you grant us the limited right and license to list and display your name, trademark, and logo
in connection with our customer lists and marketing materials in print or on the web to announce that you are using our Services. You may terminate
this right and license upon written notice to us once your Account has been terminated.
DISCLAIMER OF WARRANTIES
ALL MATERIALS, CONTENT, AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D)
THE QUALITY OF ANY SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM
MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT
THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS
SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
You expressly understand and agree that GroSocial 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 GroSocial 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.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold GroSocial, Inc. and our affiliates harmless from all liabilities, claims, and expenses, including
attorney's fees that arise from your use or misuse of the Site or Services. We reserve the right, at our own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any
These Terms of Service are controlled by us from our offices within the Utah, United States of America. By accessing the Site and
Services both of us agree that the statutes and laws of the State of Utah, without regard to the conflicts of laws principles thereof
and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of the Site and Services.
Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of
Utah with respect to such matters.
The failure of GroSocial 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 GroSocial and govern your use of the Service, superceding
any prior agreements between you and GroSocial (including, but not limited to, any prior versions of the Terms of Service).
You understand that GroSocial uses third party vendors and hosting partners to provide the necessary hardware, software, networking,
storage, and related technology required to run the Services and GroSocial is not responsible for the shortcomings of any such third parties.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any GroSocial customer, employee, member, or
officer will result in immediate account termination.
Written notices required under these Terms of Service should be sent via email to info at GroSocial dot com or by U.S. mail to: 2500 Executive Parkway, Suite 120, Lehi, UT 84043
Effective March 1, 2011
Types Of Information We Collect
PublishtoFanPage.com may collect two types of information from users of our Site: "personal information" which is information that can be used to locate you, contact you, or determine your specific identity (such as name, e-mail address, mailing address, phone number, etc.) and "aggregate information" which is information about your activities on the Site or in connection with the services that cannot be used to identify, locate, or contact you (such as frequency of visits to the Site, data entered when using the Site, Site pages most frequently accessed, browser type, etc.).
Collecting Your Personal Information
Collecting Your Aggregate Information
Aggregate information is collected as you visit our Site or interact with our services even if you do not enter any information. Generally, aggregate information is used in a collective manner, and no single person can be identified by that compiled information. PublishtoFanPage.com uses aggregate information to provide its services and remuneration, as well as to determine the use of our Site and to monitor, audit and analyze information pertaining to our business metrics.
Sharing, Selling and Trading of Your Personal Information with Third Parties
PublishtoFanPage.com on occasion, may share personal information with third party service providers as we deem necessary for the third party to fulfill their duties, such as fulfilling orders, processing credit card payments, or other functions necessary to our business. These third party service providers are not authorized to retain, share, store or use your personal information for any purposes other than to provide the services for which they have been hired to provide. When you submit your personal information, you also agree that we may use your personal information to contact you by email, telephone, cell phone, direct mail, or text message about certain offers made available by us or third parties that we believe you might be interested in based on information you have provided to us. We do not sell, trade or otherwise share your personal information with unrelated third parties for their own marketing purposes, however, we may market certain offers to you on behalf of third parties we determine you might be interested in.
We use your personal and aggregate information in an effort to improve your experience on the Site and with the services, and to communicate with you about information that you request. We may also use this information to help us target specific services or offers to you, to help us develop and improve the Site and services, and to tailor our Site and services to your interests.
Sharing, Selling and Trading Aggregate Information Collected Online with Third Parties
We may use aggregate information to improve the Site and services, to monitor traffic and general usage patterns, and for other general business purposes. We may disclose aggregate information to third parties for a variety of business reasons, including to advertisers to inform them of the usage habits or characteristics of the interested audience, and to potential investors so that they may better understand our user base, etc. Aggregate information will not include any personal information and we will not disclose any personal information except as expressly stated elsewhere in this Policy.
Other Instances When We Share Your Information
In addition to the foregoing, PublishtoFanPage.com may elect to share or transfer your personal information to unrelated third parties: (i) to comply with a legal requirement, judicial proceeding, court order, or legal process served on PublishtoFanPage.com, (ii) to investigate a possible crime, such as fraud or identity theft; (iii) in connection with the sale, purchase, merger, reorganization, liquidation or dissolution of PublishtoFanPage.com; (iv) when we believe it is necessary to protect the rights, property, or safety of PublishtoFanPage.com or other persons, or (v) as otherwise required or permitted by law. It should be noted that on some portions of the Site, users can choose to have their personal information displayed. If users choose to have their personal information displayed on the Site, they will be given forewarning that the action they are about to take will make their personal information publicly available on the Site.
If you do not provide us any of your personal information, we are limited in the information we may collect from you. For example, we may be able to determine your IP address for the purposes of administering the Site and tracking Site usage. However, your IP address may vary each time you visit or it may remain the same depending on the type of Internet connection you are using or the location from which you access the Site. We may also collect information about the websites that directed you to the Site after you clicked on a text or banner link or an ad from another website, or the day and time you visited the Site and how long you spent on the Site. We aggregate such information to help us to compile reports as to trends and other behavior about users visiting our Site; however such information is anonymous and cannot be tied directly to you.
We may also use "cookies" and your personal information to enhance your experience on the Site and with the Services and to provide you with personalized offers. A cookie is a small data file placed on your computer's hard drive that contains information that allows us to track your activity on the Site. The cookie itself does not contain any personal information; however, if you provide us any personal information the cookie may act as an identifier to tie your personal information to your IP address or computer. You may choose to delete cookies from your computer's hard drive at anytime or to disable cookies on your computer. If you delete cookies that relate to the Site, we may not be able to identify you upon your return to the Site. Additionally, if you disable your computer's cookies, you may not be able to access certain features of the Site or services that require that cookies be enabled. The Site's cookies cannot be used to read data from your hard drive and cannot retrieve information from any other cookies created by other websites. Additionally, our cookies cannot be used as a virus, Trojan horse, worm, or any other malicious tool that could impair your use of your computer. Our cookies are used to help us better understand how you and other users use the Site so we can continue to provide a better, more personalized user experience on the Site. We also share website usage information about our Site with those interested in running targeted promotional campaigns on the Site. For this purpose, we and our advertisers track some of the pages that you visit on the Site through the use of pixel tags (also called clear gifs).
Security Pertaining to Your Information
We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data.
We restrict access to personal information to PublishtoFanPage.com employees, service providers and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations. We use secure socket layer ("SSL") technology to encrypt and protect the security of your personal information, including but not limited to your credit card number, when it is sent over the Internet. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to protect your personal information, we cannot guarantee its absolute security.
Integrity of Your Data
PublishtoFanPage.com processes personal information only for the purposes for which it was collected and in accordance with this Policy. We review our data collection, storage and processing practices to ensure that we only collect, store and process the personal information needed to provide or improve our services. We take reasonable steps to ensure that the personal information we process is accurate, complete, and current, but we depend on our users to update or correct their personal information whenever necessary.
Children and Privacy
Our Site are not directed to children and we will not request personally identifiable information from anyone who we know to be under the age of 18, unless we have obtained verifiable parental consent from a parent or legal guardian. If we become aware that a user under the age of 13 has registered with our Site, provided personal information, and PublishtoFanPage.com has not obtained prior verifiable consent from a parent or legal guardian, we will immediately remove the user's personal information from our files.
Links to Other Websites
In the event that PublishtoFanPage.com sells substantially all of its assets, or one of PublishtoFanPage.com’s business units is acquired, personal information of visitors to the Site and aggregate information will likely be one of the transferred assets.
Changes to this Policy
If your name, e-mail or postal address, telephone number or other personal information changes, you may update, correct or omit the relevant information by contacting PublishtoFanPage.com Customer Service at firstname.lastname@example.org. If you prefer not to receive newsletters or other marketing e-mails from PublishtoFanPage.com, please let us know by clicking on the unsubscribe link within any newsletter or marketing e-mail you receive. If you prefer not to receive marketing mail via the mail carrier, please let us know by contacting customer service at email@example.com. Please be sure to include in any e-mail your full name, e-mail address, and any message. Please note that such requests may take up to ten (10) days to become effective.
If you have any questions or concerns about this Policy, please feel free to contact us any time at: