(Last Revised: May 17, 2013)
Social Rouge provides the Website as a service to its users. By accessing the Website, you agree that Social Rouge will not be held liable for any services that are provided by third parties not owned or operated by Social Rouge.
The Website is protected by copyright law and is hereby licensed to you for your lawful use subject to the terms and conditions of this Agreement and the Social Rouge Copyright Policy. You are hereby prohibited from using the Website for any purpose other than those allowed under this Agreement.
1. Use of Website By Registered and Non-Registered Users. Use of the Website outside of the uses explicitly provided for in this Agreement is prohibited. Both registered members and non-registered users hereby agree to be bound by this Agreement.
2. User Competency. You hereby warrant and represent that, by accessing the Website, you are fully capable and competent to agree to the terms, conditions, obligations, affirmations, representations, and warranties in this Agreement. You further agree to abide by and comply with this Agreement.
3. Registered Users. Social Rouge may, now or in the future, provide you with a registered user account wherein you may post text, videos, music, or other information to the Website. You agree and understand that you have a duty to provide Social Rouge with the most current, accurate, and complete information about yourself when requested by Social Rouge. You understand that you have an ongoing duty to continually update your personal information if and when it changes. You agree to keep any user account username and password secure from unauthorized access. You understand and agree that you are responsible for any user account issued to you by Social Rouge, and you further agree that you take full responsibility for any and all actions that occur using your user account.
5. Social Rouge’s Rights in the Website Content. Social Rouge owns all of the Website, which includes but is not limited to the text, software, scripts, graphics, photos, sounds, music, interactive features, and the like, as well as their selection and arrangement. The Website also includes any and all trademarks, service marks, trade names, designs, and logos that are contained on the Website. The Website is subject to copyright, trademark, trade secret, and all other intellectual property rights.
Except for any User Generated Content that you may provide, the Website may not be used, modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the prior written consent of Social Rouge.
6. Social Rouge’s Rights in Your User Generated Content. Social Rouge is not responsible for your User Generated Content, including but not limited to any text, photos, profile information, name, likeness, music, advertisements, listings, information, and any other content that you contributed to the Website. You hereby agree and recognized that your User Generated Content belongs to you and that Social Rouge is not responsible for the content of any User Generated Content that is submitted to the Website. Your User Generated Content is subject to copyright, trademark, trade secret, and other intellectual property rights, including Social Rouge’s rights in your User Generated Content as outlined below.
You agree to give Social Rouge an irrevocable and non-exclusive license to use any User Generated Content that you submit to the Website for the purposes of the Website. The purposes of the Website include but are not limited to making copies of your User Generated Content for storage or archival purposes. You give Social Rouge permission to reproduce, distribute, publish, modify, destroy, or otherwise use or utilize your User Generated Content for the purposes of the Website. You hereby explicitly agree to waive all moral rights in your User Generated Content, and you hereby warrant that you have not otherwise asserted said rights in your User Generated Content.
You warrant and agree that your User Generated Content will not violate or infringe upon the rights of third parties, including but not limited to trademark rights, copyright rights, privacy rights, publicity rights, or other personal or proprietary rights. You also agree and warrant that your User Generated Content will not contain any defamatory material, trade disparagement, or any other unlawful or tortious material.
Social Rouge will handle all notices of copyright infringement in accordance with its Copyright Policy and the provisions of the Digital Millennium Copyright Act. Social Rouge’s Copyright Policy is hereby incorporated by reference into this Agreement.
7. Agency and Access to Registered User Accounts. You have the right to appoint others to act as your agent to use the Website. You warrant and agree that any user that you authorize to have access to the Website or your user account has the capacity to contract and is your authorized legal agent. You warrant and agree that you are responsible for any and all access to the Website by any authorized or unauthorized user of your account. It is solely your responsibility to control access to your registered user account and to protect your username and password.
You warrant and agree that you will hold harmless Social Rouge for any access to your registered user account, whether authorized or unauthorized.
You understand and agree that you are responsible for performing any backups of your User Generated Content. You agree to hold harmless Social Rouge for any damage to, corruption of, or loss of your User Generated Content.
Social Rouge has no duty to review or monitor the Website, but it may choose to do so in its own discretion. Social Rouge may delete, remove, or archive the Website, including its User Generated Content, for any reason and without notice to you.
Social Rouge provides the Website as an interactive service provider. You understand and agree that Social Rouge’s provision of the Website does not imply its endorsement or approval of any third part or User Generated Content.
9. Social Rouge’s Grant of Limited License. Social Rouge grants you a limited license to access and use the Website for your own personal non-commercial use. Any other use of the Website is expressly prohibited.
You may not republish, incorporate, or otherwise use the Website without the prior written authorization of Social Rouge. You are expressly prohibited from using any data mining, robots, scraping, or other data gathering or extraction methods on the Website. Any and all use of the Website must keep intact all copyright, trademark, or other notices, and any and all use must provide the name of Social Rouge, the name of the original author, or, if the original author designates another party for attribution, the name of such other party, the title of the work, and the URL identifier associated with the Website, if any.
You hereby agree and warrant that you may only use the Website for commercial purposes with the prior written consent of Social Rouge. Prohibited commercial uses include but are not limited to the sale of the Website content, use of the Website for the purpose of gaining subscription or advertising revenue, and the use of the Website to displace the mark of Social Rouge.
You hereby agree and warrant that you will not modify the Website or otherwise made derivative works of the Website.
You hereby agree and warrant that you will comply with this Agreement and with any and all applicable local, national, and international laws and regulations.
This limited license will automatically terminate if you breach the terms of this Agreement. Social Rouge, it is own discretion, may terminate your registered user account and delete any User Generated Content that you submit to the Website for a breach of this Agreement.
10. Trademarks. Social Rouge’s trademarks, service marks, trade dress, logos, and designs, including but not limited to Social Rouge, are registered or common-law trademarks, service marks, trade dress, logos, or designs. You many not use the trademarks, service marks, trade dress, logos, or designs of Social Rouge, or any colorable imitation thereof, as an indicator of source or as a part of a domain name that is likely to cause consumer confusion. Social Rouge’s trademarks, service marks, trade dress, logos, and designs may not be used or imitated without the prior written consent of Social Rouge.
11. Protection of Children. Social Rouge and its Website does not knowingly target, market to, or collect personal information from individuals under the age of 18. If you are a parent who believes that Social Rouge may have collected personal information from your child, please notify SocialRouge immediately.
12. Warranties, Representations, and Disclaimer. SOCIAL ROUGE OFFERS THE WEBSITE ON AN AS-IS BASIS. SOCIAL ROUGE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE WEBSITE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY TO YOU AND YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR RIGHTS UNDER YOUR STATE’S LAWS.
SOCIAL ROUGE IS NOT RESPONSIBLE FOR ANY USER GENERATED CONTENT, USER CONDUCT, OR THIRD PARTY APPLICATIONS, SOFTWARE, OR OTHER CONTENT POSTED ON THE WEBSITE. SOCIALROUGE ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO A USER ACCOUNT, OR ALTERATION THEREOF.
Social Rouge reserves the right to discontinue the Website at any time and for any reason.
13. Limitation of Liability. YOU AGREE AND WARRANT THAT SOCIAL ROUGE WILL NOT BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY AND ALL DAMAGES THAT MAY ARISE OUT OF THIS LICENSE OF THE WEBSITE, WHETHER THOSE DAMAGES ARE SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNATIVE, OR EXEMPLARY. YOU HEREBY AGREE THAT SOCIAL ROUGE WILL ONLY BE LIABLE TO YOU FOR THE AMOUNT THAT YOU PAID FOR THE WEBSITE SERVICES. IF NO FEES ARE PAID BY YOU TO SOCIALROUGE, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.
14. Indemnification. You agree and warrant that you will indemnify, hold harmless, and defend Social Rouge, including its members, employees, and agents, from and against all claims, damages, obligations, losses, liabilities, costs or debts, and expenses, including attorneys fees, that arise from your use of and access to the Website, your violation of this Agreement, your violation of the rights of a third party, including but not limited to a violation of any intellectual property rights, or any claims that your submission of User Generated Content to the Website caused damage to a third party. You agree that this duty and obligation will survive the termination or failure of this Agreement and your use of the Website.
15. Assignment. You are hereby prohibited from assigning your rights or duties granted under this Agreement. Social Rouge may assign its rights and duties under this Agreement at any time, including in a sale of the Website or Social Rouge.
16. Additional Terms and Conditions. Any finding that a provision of this Agreement is invalid or unenforceable will not affect the validity or enforceability of the Agreement as a whole. If any provision of this Agreement is found to be invalid or unenforceable, that provision will be reformed to the extent necessary to make it valid and enforceable.
No term or provision is waived and no breach of this Agreement is consented to unless said waiver or consent is in writing and signed by the party to be charged with the waiver or consent.