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Terms

Welcome to DirectMarketingSocial.com. If you continue to browse and use this web site, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern the Profari Network Inc, a Texas Corporation, d/b/a Social Exhibitors' relationship with you in relation to this web site.

 

The term "Social Exhibitors" or "us" or "we" or "our" refers to the owner of the web site directmarketingsocial.com. The term "you" refers to the user or viewer of our web site or related properties.

 

1. Acceptance of Agreement

 

You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to directmarketingsocial.com (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

 

2. Uploading Content and Information

 

You own all of the content and information ("User Content") you upload on directmarketingsocial.com. You grant us non-exclusive, royalty-free, sub-licensable, worldwide license ("Site License") to use any content that you upload in connection with directmarketingsocial.com that is covered by intellectual property rights. The Site License ends when you delete your User Content or unregister your account. When you delete content it is deleted from the server with the exception of any backup copies created while your User Content and account was active.

 

3. Limited Right to Use

 

You may use the content and software on the Site as an information resource only. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for your sole personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). You may not modify any of the information contained on the Site and may not remove any copyright, trademark or other proprietary notices related to such content. The license granted under this section does not extend to any content owned by third parties and our licensors. Any use of the Site not described herein is strictly prohibited. Without limiting the generality of the foregoing, you are expressly prohibited from: (i) sublicensing or reselling any of the content, database or information included on the Site including, but not limited to, any registered merchant company or product information and contact information; (ii) using, or allowing third parties to use, the content, database or information for the purpose of compiling, enhancing, verifying, supplementing, adding to, or deleting from any compilation of information which is included on the Site; (iii) using the information on the Site in any service or product or for any purpose not specifically authorized under this Agreement or the Policy or offering it through any third party; or (iv) disassembling, decompiling, reverse engineering, modifying or otherwise altering the information, the Site or any part thereof without our prior written consent, which consent may be withheld in our sole discretion.

 

4. User Conduct

 

As a condition of use, you agree not to use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Social Exhibitors.

 

By way of example, and not as a limitation, you agree not to use the Site:

 

  1. to abuse, harass, threaten, impersonate or intimidate other Site users;

  2. to contribute any content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party;

  3. for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;

  4. to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Site user;

  5. to create or submit unwanted email, messages, wall posts, comments ("Spam") to any other Site users or any URL;

  6. to violate any laws in your jurisdiction (including but not limited to copyright laws);

  7. to post links, wall posts, submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs re-purposing existing stories (source hops), or off-topic content;

  8. with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;

  9. to post anyone's identification information and documents or sensitive financial information on the Site;

  10. to use the Site to send email or site invitations to non-users without their consent;

  11. to upload viruses or any malicious code;

  12. use the Site for any unlawful, misleading, malicious or discriminatory purpose. You will not facilitate or encourage any violations of this Terms of Use;

 

You acknowledge that we may or may not pre-screen content, but that Social Exhibitors and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, remove or move any content that is available via the Site. Social Exhibitors may remove any content and/or user accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content).

 

5. Third Party Content

 

Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of information, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.

 

6. Linking to the Site

 

You may create a link to this web site from another web site or document as long as written notification via email or mail provides Social Exhibitors with the location of the referring link. You must remove any link from another web site or document if Social Exhibitors requests the link to be removed.

 

7. Unlawful Activity

 

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email address, usage history, posted materials, IP addresses and traffic information.

 

8. Errors, Corrections and Changes

 

We do not represent or warrant that the Site will be free of errors, free of viruses or other harmful components, or that defect will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right at our discretion to edit or delete any documents, information or other content appearing on the Site.

 

9. Copyright, Trademarks and Service Marks

 

The registered and unregistered copyrighted material, trademarks, service marks and logos that are used and displayed on the Site (the "Intellectual Property") are owned by us, our affiliates, account owners and others. You should not construe anything on the Site as granting expressly, by implication, estoppel or otherwise, any license or right to use any Intellectual Property without the consent of their respective owners. Intellectual Property infringement can result in content removal, account suspension, banning and permanent removal. Without limiting the foregoing, you may not use our Trademarks (a) to identify products or services that are not affiliated with us; (b) in any manner likely to cause confusion; (c) in or as part of your own trademarks; (d) in a manner that implies that we sponsor or endorse your products or services; or (e) in any manner that disparages or discredits us.

 

To report abuse of Intellectual Property

To appeal account/content suspension, banning, removal.

 

10. No Advice

We do not provide advice. The content of the pages of this web site is for your general information and use only. General information and use can include research and entertainment. Information contained on or made available through the Site is not intended to be and does not constitute legal advice, recommendations, mediation or counseling under any circumstance and no attorney-client relationship is formed.

 

11. Site Information

 

The Site provides information regarding obtaining product information and information to help you make informed decisions regarding companies, products and services. Any information provided to Social Exhibitors including contact information and any other information you provide to Us is subject to our Privacy Policy in addition to these Terms and Conditions. We nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this web site for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this web site is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this web site meet your specific requirements.

 

12. Advertisers

 

The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser's or sponsor's materials.

 

13. Directory Listings

 

The Site may contain directory listings by individuals and companies providing products and services and other trade industry related information. We are not responsible for the illegality or any error, inaccuracy or problem in the listings whether they are paid or non-paid listings. Any listing with inaccurate or inappropriate information will be suspended from the Site at our discretion and without notice. Any listing with an inaccurate email address will be suspended from the Site at our discretion and without notice. We will attempt to notify the listing contact of a suspended listing via email or phone. After reasonable attempts to notify the listing contact of suspended listing, if the listing problem is not corrected the listing will be removed permanently.

 

14. Registration

 

Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. You agree:

 

  1. to provide your real name and accurate information;

  2. that the registration is for your or your employer's use only and not on behalf of any other person or entity;

  3. not to create an account for anyone other than yourself without permission;

  4. not to create more than one account;

  5. not to use your account for commercial gain (such as selling your contacts list, subscribers list, status update or any other Site feature included with your account to an advertiser);

  6. not to use directmarketingsocial.com if you are under the age of 18;

  7. to keep your contact information up-to-date and accurate;

  8. to grant us the right to remove or reclaim your username if we believe appropriate (such as when a username infringes on Intelectual Property owned by someone else);

  9. not to create another account if you have already had an account removed, suspended or banned by us.

    Any registration found to include inaccurate information will be removed at our discretion and without notice. We will attempt to notify a suspended account owner via email or phone. After reasonable attempts to notify the account owner of suspended account, if the problem is not corrected, the account will be removed. Any unauthorized use of registered sections is prohibited.

 

15. Indemnification

 

You agree to indemnify, defend and hold Social Exhibitors, its directors, officers, employees, associates, partners, affiliates, advertisers, contractors or any third party affiliated with us directly or indirectly harmless from any liability, loss, claim or expense, including attorney's fees related to any damages whether directly or indirectly related to the use or misuse of this Site and any site within the Social Exhibitors network.

 

16. Nontransferable

 

Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.

 

17. Disclaimer

 

THE INFORMATION AVAILABLE FROM OR THROUGH THE SITE IS PROVIDED "AS-IS" AND ON AN "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE USE OR OPERATION OF THE SITE, THE QUALITY OF THE PRODUCTS, OR THE CORRECTNESS, ACCURACY OR RELIABILITY OF THE INFORMATION AVAILABLE THROUGH THE SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED RELATED TO THE SITE AND/OR ANY PRODUCTS SOLD THROUGH THE SITE (INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The negation of damages set forth above are fundamental elements of the basis of the bargain between us and you. This Site, the products, and the information would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from us through the Site shall create any warranty, representation or guarantee not expressly stated in this Agreement.

 

18. Transmission of Information

 

You acknowledge and understand that we cannot control the flow of information to or from the Site to other portions of the internet. Such flow of information depends in large part on the performance of internet services provided or controlled by third parties. At times, actions or inactions caused by the third parties can produce situations in which your connection to the Site (or portions thereof) or the information contained on the Site may be impaired or disrupted. Although we will use commercially reasonable efforts to take actions which we deem appropriate to remedy and avoid such events, we cannot guarantee that such events will not occur. ACCORDINGLY, WE DISCLAIM ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

 

19. Users outside the United States

 

If your country is embargoed by the United States, or you are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in any activity on directmarketingsocial.com including registering for an account and making any commercial transaction such as advertising or payment.

 

20. Termination

 

We reserve the right, in our sole discretion, to immediately and without notice suspend or terminate your registration or ability to access the Site or any other service provided to you by us upon any breach by you of this Agreement or the Policy or upon your demonstration of conduct that we determine to be inappropriate.

 

21. Use of Information

 

We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a "Submission") will be governed by this Agreement until removed by you or us. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

 

22. Third Party Services

 

We may allow access to or advertise certain third-party product or service providers ("Merchants") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OR ANY KIND BY US, EXPRESSED, OR IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANT ABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

 

23. Privacy Policy

 

Our Privacy Policy, as it may change from time to time, is part of this Agreement. You must review this Privacy Policy. When you upload content to the Site and leave the permission setting to Public, you understand that anyone can view the content whether a registered member of the Site or not.

 

24. Purchasing Policy

 

You represent and warrant that if you are purchasing something from us or from Merchants that any credit information you supply is true and complete, charges incurred by you will be honored by your credit card company, and you will pay the charges incurred by you at the posted prices, including any applicable taxes.

 

25. Refund Policy

 

All banner advertisements and membership purchases are non-refundable once the advertising or the membership has become active. Any additional account purchases ("Account Upgrades") are non-refundable once the upgrade as become active. Any suspended, banned or removed accounts due to violation of these Terms of Use are not eligible for refund. If you feel that a special circumstance warrants a potential refund then please provide us with a complete explanation of the special circumstance including complete and accurate contact information to admin@socialexhibitors.com.

 

26. Information and Press Releases

 

The Site contains information, articles and press releases about us and third party entities. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

 

27. Legal Compliance

 

You agree to comply with all applicable domestic and international laws, statues, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein. Your use of this Site and any dispute arising out of such use of the Site is subject to the laws of the State of Texas.

Copyright © 2012 Social Exhibitors