SocialTurns TERMS OF SERVICE

IMPORTANT -- PLEASE READ: These Terms of Service govern your use of SocialTurns community website (“SocialTurns”). These Terms of Service describe the proper kinds of conduct and prohibited uses of SocialTurns. These terms are not exhaustive and Socialware, Inc. (“Socialware” or “we”) reserves the right to modify them at any time, effective upon posting of the modified terms on SocialTurns. By registering as a user or using SocialTurns, you agree to abide by these terms as modified from time to time. Any violation of these terms may result in the suspension or termination of your right to access SocialTurns.

Permissible Uses

Socialware believes that SocialTurns is a valuable place for marketing, technology, compliance and financial services professionals to exchange information and learn from one another. Like any community, SocialTurns is most valuable when everyone follows certain basic guidelines and rules of conduct. The SocialTurns Terms of Service sets forth these rules and guidelines so that you know what is expected of you and what you can expect from other participants when using SocialTurns.

At Socialware, we want SocialTurns to be appropriate, friendly, informative, and safe for all of our users. We want our users to utilize SocialTurns only to discuss social media issues, best practices and news. Use of SocialTurns is limited to participants aged 13 and over.

SocialTurns is an English language forum and is governed by U.S. law.

Registration

Registration (via provision of a valid email address, password, name, birth date, gender, city and state or country) and login are required in order to post to the message boards and read posted content.

When you register, you will also be asked to enter your personal information. Please keep in mind that your name will be displayed whenever you post any content, along with your gender and location, including your photo if you have uploaded one.

We may refuse to grant you, and you may not use, a name (or email address) that is already being used by someone else, impersonates another person, belongs to another person (without his or her prior consent), violates the intellectual property or other rights of any person, is vulgar or otherwise offensive, or that we reject for any other reason at our sole discretion.

In consideration of your use of SocialTurns, you agree that all information you provide during registration is accurate, true, current and complete. Socialware may terminate your account if any of the information provided is found to be inaccurate, false, out of date, or incomplete.

Posting Content/ Sending Messages

Participation in SocialTurns is governed by the Rules of Conduct, set forth below and incorporated herein by reference. Messages sent by the Messages component are subject to all rules set forth in these Terms of Service.

Links

SocialTurns permits users to post hypertext links to content hosted and maintained by third parties. Links are subject to treatment like any other type of content posted to SocialTurns. You may not include a link in SocialTurns that directs users to any content or information that, if posted in SocialTurns, would constitute a violation of these Terms of Service. The linked sites are not moderated by Socialware, are not under Socialware's control and your access to any linked site is at your own risk. You should use your own judgment before you use any link or access any linked site. When leaving SocialTurns using any link provided by a user, you should be aware that these Term of Service and Rules of Conduct no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site. If you access a linked site and find that materials to be in violation of these Terms of Service, you may report the link as described below.

Socialware makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from SocialTurns. The ability to include links is provided only as a convenience to you, and the inclusion of any link by a user of SocialTurns does not imply affiliation, endorsement, or adoption by Socialware of the linked site or any information contained therein.

Enforcement

Socialware generally does not pre-screen, verify or edit the content posted by users in SocialTurns. However, Socialware and its agents reserve the right to investigate any violation of these Terms of Service and to take appropriate remedial action. Socialware has absolute discretion to enforce these Terms of Service, including, but not limited to warning users of violations, disabling or suspending private message privileges and/ or SocialTurns access, deleting, screening or editing any content, or prohibiting any behavior that does not comply with these Terms of Service, including the Rules of Conduct, or which is otherwise inappropriate for SocialTurns, harmful, objectionable, or inaccurate. If it is deemed necessary to delete content for violation of the Terms of Service, the entire thread, including the original post and all replies, may be deleted. Socialware generally will not edit users' posts to remove content; however, at its sole discretion, it may request that a user edit a post to delete the objectionable content and resubmit it.

Socialware also may release information concerning your use of SocialTurns (including posted content, registration information, and network records) when Socialware believes release is necessary or appropriate to comply with the law (e.g., a lawful subpoena, warrant or court order); to enforce or apply these Terms of Service; to protect Socialware's rights or property, or to protect Socialware's users from fraudulent, abusive, or unlawful use of SocialTurns; or if Socialware reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay.

Deliberate attempts by you or someone on your behalf to evade or circumvent your suspension or termination of your rights to use SocialTurns violates these Terms of Service, constitutes an unlawful trespass to Socialware's equipment and systems, and may result in legal action.

To report violations of SocialTurns Terms of Service, please write to info@socialturns.com. Please include the message title, the author’s name, the link of the post in question and any other applicable information in your email.

Rules of Conduct

By participating in SocialTurns, including the posting of content and sending of Messages, you agree that you will not upload, post, or otherwise transmit any content (including text, links, communications, software, images, sounds, data, or other information) that:

1. Is not consistent with the permissible uses outlined by the Terms of Service, including, but not limited to, content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, vulgar, profane, sexually explicit, obscene, racially or ethnically offensive or otherwise objectionable;
2. Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
3. Constitutes advertising or promotion, junk mail, "spamming," chain letters, or any other form of unauthorized solicitation, including solicitation of lawsuits. Links that connect to commercial websites will not be considered unauthorized solicitations unless the link or the website content appears to be intended as a means of solicitation as determined by Socialware in its sole discretion;
4. Contains software viruses, Trojan horses, worms, time bombs, cancelbots or any other computer code or files that are designed to disrupt, damage, or limit the functioning of any software or hardware;
5. Provides any non-public information about Socialware or any other company or person without the proper authorization to do so. This includes providing the names and extension numbers of Socialware employees and SocialTurns participants;
6. Intentionally interferes with the operation of SocialTurns or with a fellow user's message box, without limitation, mail or "post" bombing, news bombing, other flooding techniques, deliberate attempts to overload a system and broadcast attacks, or attempts to avoid messaging blocking.
7. Impersonates any person or entity, including a Socialware employee or forges any TCP-IP packet header, e-mail header or any part of a message header. This prohibition does not include the use of aliases or anonymous remailers.
8. Attacks or insults another SocialTurns user;
9. Suggests or encourages illegal activity. Do not use SocialTurns in any manner that violates federal or state antitrust laws or other laws regarding competition or trade. Do not discuss or use SocialTurns to bring about, or attempt to bring about, any understanding or agreement among and between actual or potential competitors with regard to prices, terms or conditions of sale, distribution, volume of production, sales territories, customers, credit terms, or marketing practices. Do not post any information concerning bids or intentions to bid for particular opportunities, market shares, salaries, costs, profit margins, or any other topic which could have an adverse impact on competition or trade or could violate applicable laws and regulations. In addition, do not use SocialTurns to solicit, encourage or agree with others to refrain from purchasing any materials, product, services or other supplies from any supplier or vendor or from dealing with any supplier or vendor; or
10. Violates U.S. export law, including, without limitation, the Export Administration Act and Export Regulations maintained by the Department of Commerce.

Additional Guidelines

Do not reveal information that you do not want to make public. Any personal information that you post can be obtained and used by others. Anything you post in SocialTurns, you post at your own risk.

You use SocialTurns at your own risk. In any online forum like SocialTurns, it is not possible to be sure that other users are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated.

Disclaimer of Warranties and Limitation of Liability

All of the content posted to SocialTurns and sent in Messages is provided by third parties like you. Such third-party content is the sole responsibility of the person originating that content. Socialware does not control, and is not responsible for this third-party content. You agree to indemnify and hold Socialware, and its subsidiaries, affiliates, officers, agents, and employees harmless from any claim, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or make available through SocialTurns or its Message feature, your use of SocialTurns, your violation of these Terms of Service, or your violation of any rights of another.

Although SocialTurns is moderated by Socialware employees who will do their best to answer your questions and assist you, they may not have time to fully research answers before posting them due to time pressures. Accordingly, SocialTurns is not a substitute for contacting Socialware support or customer care. If you need to contact Socialware support or customer care, please do so by using the contact information provided above.

Socialware does not warrant or guarantee the accuracy, reliability, completeness, usefulness, non- infringement of intellectual property rights, or quality of any content on SocialTurns, regardless of who originates that content. You expressly understand and agree that you bear all risks associated with using or relying on that content. Socialware will not be liable or responsible in any way for any content posted on or linked from SocialTurns or in Messages, including, but not limited to, any errors or omissions in content, or for any losses or damage of any kind incurred as a result of the use of or reliance on any content.

Governing Law and Venue

THIS AGREEMENT SHALL BE GOVERNED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS AND ITS VALIDITY, CONSTRUCTION AND EFFECT SHALL BE GOVEREND BY AND ENFORCED PURSUANT TO THE SUBSTANTIVE LAWS OF THE STATE OF TEXAS. THE PARTIES AGREE THAT ALL LEGAL PROCEEDINGS IN CONNECTION WITH THE ENFORCEMENT, CONSTRUCTION, INTERPRETATION, BREACH OR VIOLATION OF THIS AGREEMENT SHALL BE SUBMITTED TO THE STATE OR FEDERAL COURTS IN AUSTIN, TRAVIS COUNTY, TEXAS AND THAT JURISDICTION AND VENUE ARE PROPER IN SUCH COURTS.