Terms & Conditions of Social Karma
Welcome to the website edited by Social Karma a company based in Brussels, Belgium.
Use of this website and the information contained in this website is subject to the terms and conditions listed below (“Terms & Conditions”).
Before using this website and Social Karma solutions, please read carefully all information contained in these Terms & Conditions which form a legal agreement between you and Social Karma in relation to your use of the website and its services.
Your use of this website, including the services provided on it, signifies your agreement to follow and be bound by the Terms & Conditions contained in this document.
The parties (Social Karma and the users or “you”) therefore agree as follows:
Use of Social Karma services
Social Karma grants to users a limited, worldwide, non-exclusive, non-transferable right and licence to access and use the services for the term designated by these Terms & Conditions (see section 6 below).
You will use the services provided by Social Karma only for the purposes that are permitted by these Terms & Conditions, the applicable law and the applicable rules provided by all social media that permits to log into Social Karma. If you do not comply with those rules, Social Karma may suspend in good faith the use of the services to prevent an ongoing violation of any applicable laws, regulations or rules.
You will access the services only by the interface provided by Social Karma and will not engage in any activity that interferes with, disrupts or misuses the services.
You may only use the services solely for your own business operation and you agree that you will not reproduce, duplicate, copy, sell or trade the services offered by Social Karma for any purposes.
You acknowledge that Social Karma may, from time to time, upgrade its website in order to provide the best services for its users. Therefore, you agree that Social Karma may temporarily stop providing the services. If that occurs, you agree not to be reimburse of the proportional amount. In the same aspect, you acknowledge that social medias used by Social Karma may change their terms and conditions in a way that can impact Social Karma’s services. If that occurs, you agree that Social Karma will not be held responsible for lost information or data due to social medias only.
You agree that you are solely responsible for any breach of your obligations under these Terms & Conditions and for the consequences (including any loss or damage which Social Karma may suffer) of any breach
Finally, you understand that you may be prevented from accessing the services, your account details or any files or other content, which is contained in your account if Social Karma disables access to your account for non-payment or other material breach of the Terms & Conditions.
Within the framework of the annual subscription offers, Social Karma will define the scope of the requested analyses.
This scope will be established according to the customer’s profile.
The results, analyses and all the data produced and communicated by Social Karma to the customer within its annual subscription are subject to an exclusive license, for internal use to the client, limited to the geographical territory specified in the subscription offer and submitted to a non-compete obligation. Considering the intuitu personae nature of the annual subscription contract, the results, analyses and all the data produced and communicated by Social Karma to its client cannot be communicated to the subsidiary company, sister company and parent company of the client.
Security, Account and Passwords
You agree not to access or use the website in any manner that could damage, disable, overburden, or impair any Social Karma accounts, computer systems or networks. You agree not to attempt to gain unauthorised access to any parts of the website or any Social Karma accounts, computer systems or networks. You agree not to interfere or attempt to interfere with the proper working of the website or any Social Karma accounts, computer systems or networks. You agree not to use any robot, spider, scraper or other automated means to access the website or any Social Karma accounts, computer systems or networks without Social Karma's express written permission.
In order to use the Social Karma’s services, you will be required to provide information for opening an account. You must complete the registration process by providing and maintaining current, accurate and complete information as requested on the applicable registration form. If you use social media accounts like Facebook or Google to log into Social Karma, this paragraph is also in application.
You may also be required to choose a password and a user name. Access to and use of password protected or secure areas of the website are restricted to authorised users only. You agree not to share your password(s), account information, or access to the website with any other person. You are responsible for maintaining the confidentiality of your password(s) and account information, and you are fully responsible for all activities that occur through the use of your password(s) or account(s) or as a result of your access to the website. If you use social media account to connect with Social Karma, you acknowledge that Social Karma is authorised to access information contained in your social media account. Social Karma is concerned about respecting Platforms Policy of social media with whom you can log into the website and encourage you to read them.
You will make reasonable efforts to prevent any unauthorised use of the Social Karma services and you agree to notify immediately in writing of any use of your password(s) or account(s) that you did not authorise or that is not authorised by these Terms & Conditions. Social Karma may suspend your account if there is reasonable doubt of unauthorised access to your account by a third party. If that occurs, you will not be reimbursed for the amount corresponding of the term your access to Social Karma services was suspended.
Social Karma is not responsible or liable for any loss or damage that may occur as a result of someone else using your password or account, either with or without your knowledge.
However, you could be held liable for losses incurred to Social Karma or any other party due to someone else using your account or password.
You understand that all information such as data files, written text, computer software, logos, music, audio files or other sounds, photographs, and videos or other images which you may have access to as part of, or through your use of, the services are the sole responsibility of the person from which such content originated.
You should be aware that content presented to you as part of the services, including advertisements in the services and sponsored content within the services (if any), may be protected by intellectual property rights owned by the sponsors or advertisers who provide such content to Social Karma, and that the content may include sensitive personal data. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on such content.
You understand that by using the services you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the services at your own risk.
You agree that you are solely responsible for (and that Social Karma has no responsibility to you or to any third party for) any content that you create, transmit or display while using the services and for the consequences of your actions (including any loss or damage which Social Karma or third parties may incur and including any other legal liability, whether liability under civil, commercial, tort, penal or administrative law or any other legal theory) by doing so. You shall indemnify and hold Social Karma harmless from all claims and all liabilities, costs, proceedings, damages and expenses awarded against, or incurred or paid by Social Karma as a result of or in connection with your breach of any third party’s intellectual property or similar rights.
All content included in this website, such as texts, graphics, logos, button icons, images, audio clips, database or software, is the intellectual property and copyrighted works of Social Karma protected under Belgian and international law, excepting original content (Posts, Tweets, Pictures, Videos…) gathered from Social Networks (Facebook, Twitter, Instagram…).
The compilation (meaning the collection, arrangement and assembly) of all content in this website is the exclusive property of Social Karma and protected under Belgian and international copyright law.
All rights, title and interest not expressly granted with respect to the website and content provided on or through the Site are reserved.
Any other use, including the reproduction, modification distribution, transmission, republication, display or performance of the content of this website is strictly prohibited.
Fees and payment
You will pay Social Karma the fees specified in each applicable service on the website.
All amounts payable under these Terms & Conditions are denominated in euros (€) or dollars($) and users will pay all such amounts in euros or dollars.
The initial price you paid is subject to modification if you upgrade or change your subscription plan within the service. You will always be informed about the price modification prior making the upgrade or changing your subscription.
Prices and amounts due for Social Karma services depend on the type of services you want for your business and the period during which services operated (monthly or yearly). You can pay for the services either (see on website for more information):
- by using Stripe; or
- by entering your credit card information; or
- by wire transfer; or
- by any other means as published.
You will pay all amounts due within thirty (30) days of the date the applicable invoice.
Social Karma is not responsible for the payment processing provided by any third party.
Each party will be responsible for payment of any taxes applicable to its own income and activities in connection with the services. It is agreed that taxes will not be deducted from the fees set forth in the applicable service.
Termination of use and renewal
Social Karma may at any time, by sending a written notice, terminate its legal agreement with you for the following causes:
- you have breached any provisions of the Terms & Conditions or any legal rules that apply to you; or
- Social Karma is required to do so by law;
- you are subject to a bankruptcy or any proceeding relating to insolvency.
If you purchase the service continuously on a monthly basis, you may stop using the services and so terminate your legal agreement by notifying in writing to Social Karma that you do not want to renew it, at least five (5) days before the end of the current term. If you do not notify to Social Karma your will to end the service, then your legal agreement with Social Karma will automatically renew (and so on) for another term corresponding to your original and preceding subscription term.
If you purchase the service continuously on a different basis (quarterly, semesterly, yearly…) , you may stop using the services and so terminate your legal agreement by notifying in writing to Social Karma that you do not want to renew it, at least thirty (30) days before the end of the current term. If you do not notify to Social Karma your will to terminate the service, then your legal agreement with Social Karma will automatically renew (and so on) for another term corresponding to your original and preceding subscription term.
When auto-renewal applies, your new online subscription will continue at the same Terms & Conditions than your original online subscription, without prejudice of section 5 above.
If legal agreement between you and Social Karma should come to an end, you will pay to Social Karma any fees or other amounts that have accrued prior to the effective date of the termination and any liabilities accrued prior to the effective date of the termination will survive.
You agree that if the legal agreement is terminated for any reason, some of the provisions contained in these Terms & Conditions will be unaffected by this ending and will remain in effect (i.e. provisions related to limitation of liability).
You agree to indemnify and hold harmless Social Karma from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, due to or arising out of content that you share, your violation of these Terms & Conditions, or your violation or infringement of any third party rights, including intellectual property rights.
Social Karma is concerned about your privacy and has developed a policy to address privacy concerns.
Limitation of liability
To the maximum extent permitted by applicable law, Social Karma will not be liable for any directs or indirect damages due to, resulting from or arising in connection with these Terms & Conditions, the services provided in the website, materials or the failure to perform our obligations.
This applies, without limitation, to any claims for lost profits or revenue, lost date, loss of goodwill, work stoppage and computer failure, incurred by you or any third party, whether in an action in contract or tort and, moreover, whether is the legal basis for the claim.
The limitation of Social Karma’s liability to you described above shall apply whether or not Social Karma has been advised of or should have been aware of the possibility of any such losses arising.
Exclusion of warranties and disclaimer
All information, software, products, services and all content provided on or through the website, are provided ‘as is’ et ‘as available’ basis. Social Karma expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the website and all content provided on or through the website.
Social Karma makes no warranty that:
- the website or content will meet your requirements;
- the website will be available on an uninterrupted, timely, secure or error-free basis;
- the results that may be obtained from the use of the website or any content provided on or through the site will be accurate or reliable; or
- the quality of any content purchased or obtained by you on or through the site will meet expectations.
Any content accessed, downloaded or otherwise obtained on or through the use of the website is used at your own discretion and risk. Social Karma shall have no responsibility for any damage to your computer system or loss of data that results from the download or use of content.
General terms, governing law and jurisdiction
Social Karma is a website operated by the company Social Karma SA, based at Chaussée de Vleurgat 15, 1050 Brussels, Belgium.
These Terms & Conditions constitute the whole legal agreement between you and Social Karma and govern your use of the services.
The Terms & Conditions, and your relationship with Social Karma under the Terms & Conditions, shall be governed, interpreted, construed and enforced in all respects in accordance with Belgian law.
Each party to this agreement hereby irrevocably consents to the exclusive jurisdiction and venue of the French tribunal of Commerce of Brussels, Belgium in connection with any action arising out of or in connection with these Terms & Conditions.
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