Terms of Service

Social Solace Statement of Rights and Responsibilities

 

This Statement of Rights and Responsibilities (Statement) derives from the Social Solace Values and governs our relationship with users and others who interact with Social Solace. By using or accessing Social Solace, you agree to this Statement.

 

1. Privacy

 

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use Social Solace to share with others and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help make informed decisions.

 

2. Sharing Your Content and Information

 

Social Solace members own all of the content and information you post on Social Solace, and you can control how it is shared through your privacy and application settings. In addition:

 

1. For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Social Solace (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.

 

2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

 

3. When you use an application, your content and information is shared with the application. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information. (To learn more about Platform, read our Privacy Policy and Platform Page.)

 

4. When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of Social Solace, to access and use that information, and to associate it with you (i.e., your name and profile picture).

 

5. We always appreciate your feedback or other suggestions about Social Solace, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

 

3. Safety

 

Saints of Solace and Team Solace does its best to keep Social Solace safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:

 

1. You will not send or otherwise post unauthorized commercial communications (such as spam) on Social Solace.

 

2. You will not collect users' content or information, or otherwise access Social Solace, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.

 

3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Social Solace.

 

4. You will not upload viruses or other malicious code.

 

5. You will not solicit login information or access an account belonging to someone else.

 

6. You will not bully, intimidate, or harass any user.

 

7. You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.

 

8. You will not develop or operate a third-party application containing alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions.

 

9. You will follow our Promotions Guidelines and all applicable laws if you publicize or offer any contest, giveaway, or sweepstakes (“promotion”) on Social Solace.

 

10. You will not use Social Solace to do anything unlawful, misleading, malicious, or discriminatory.

 

11. You will not do anything that could disable, overburden, or impair the proper working of Social Solace, such as a denial of service attack.

 

12. You will not facilitate or encourage any violations of this Statement.

 

4. Registration and Account Security

 

Social Solace members provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

 

1. You will not provide any false personal information on Social Solace, or create an account for anyone other than yourself without permission.

 

2. You will not create more than one personal profile.

 

3. If we disable your account, you will not create another one without our permission.

 

4. You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).

 

5. You will not use Social Solace if you are under 13.

 

6. You will not use Social Solace if you are a convicted sex offender.

 

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

 

8. You will not share your password, (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.

 

9. You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.

 

10. If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).

 

5. Protecting Other People's Rights

 

We respect other people's rights, and expect you to do the same.

 

1. You will not post content or take any action on Social Solace that infringes or violates someone else's rights or otherwise violates the law.

 

2. We can remove any content or information you post on Social Solace if we believe that it violates this Statement.

 

3. We will provide you with tools to help you protect your intellectual property rights. To learn more, visit our How to Report Claims of Intellectual Property Infringement page.

 

4. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.

 

5. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.

 

6. You will not use our copyrights or trademarks (including Social Solace, the Social Solace and SS Logos, SS, Saints of Solace, LOVE, Updates and BECOME THE MOVEMENT), or any confusingly similar marks, without our written permission.

 

7. If you collect information from users, you will: obtain their consent, make it clear you (and not Social Solace) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.

 

8. You will not post anyone's identification documents or sensitive financial information on Social Solace.

 

9. You will not tag users or send email invitations to non-users without their consent.

 

6. Mobile

 

1. We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply.

 

2. In the event you change or deactivate your mobile telephone number, you will update your account information on Social Solace within 48 hours to ensure that your messages are not sent to the person who acquires your old number.

 

3. You provide all rights necessary to enable users to sync (including through an application) their contact lists with any basic information and contact information that is visible to them on Social Solace, as well as your name and profile picture.

 

7. Payments and Deals/Membership Feses/Subscriptions

 

Social Solace will charge “You” a membership fee as when selected to become an entrepreneur in order to provide the Service (the "Membership Fee"). You acknowledge that Social Solace reserves the right, at any time, to modify its Membership Fees and billing methods. Membership Fees for access to the Service may be made either on a bi-annual or annual basis. Once a membership is purchased, you will be granted access to the Service for one subscription within your market. You may purchase access to additional subscriptions within a market ("Additional Lists") on the terms and subject to the conditions set forth below. Annual Membership Fees may be paid in advance by cash, check, credit card, debit card or PayPal. Monthly Membership Fees and Additional List Fees may only be paid in advance by credit card, debit card or PayPal. The terms of such monthly, annual and Additional List membership plans are listed below. Unless such membership plan is cancelled or terminated as provided below, all membership plans will be automatically renewed upon the terms set forth below.

Monthly Payment Plan:

If you select the monthly payment plan, each month Social Solace will automatically renew Your membership on a month-to-month basis at the Membership Fee (as such Membership Fee may be modified as provided above) using the credit card, DEBIT CARD OR OTHER PAYMENT information on file with Social Solace. Each monthly renewal payment will take place on or about Your expiration date. If the renewal of Your monthly membership fails for any reason, we will attempt to process Your renewal for a period up to one hundred eighty (180) days in accordance with our standard renewal practices then in effect (which may be modified from time to time by Social Solace). Except as otherwise required by applicable law, You agree that Social Solace will not provide You with any notices prior to each monthly renewal payment.

Annual Payment Plan:

If you select the annual payment plan, Social Solace will automatically renew Your annual membership for one year at the Membership Fee for annual memberships (as such membership fee may be modified as provided above) using the credit card, debit card OR OTHER PAYMENT information on file with Social Solace. Such annual renewal payment will take place on or about Your expiration date. If the renewal of Your annual membership fails for any reason, we will attempt to process Your renewal for a period up to one hundred eighty (180) days in accordance with our standard renewal practices then in effect (which may be modified from time to time by Social Solace). Except as otherwise required by applicable law, You agree that Social Solace will not provide You with any notices prior to each annual renewal payment.

Additional List Plan:

Upon purchase of a membership, the initial subscription selected by You is considered Your "primary" subscription. You may purchase access to additional subscriptions through Your membership by using the Additional List feature located on the Website. In order to purchase and obtain access to Additional Lists, Your primary subscription must be active and in good standing. Additional Lists may only be purchased for annual terms. If you purchase any Additional LISTS, Social Solace will automatically renew each Additional LIST for one year at the Membership Fee FOR SUCH ADDITIONAL LIST (as such Membership Fee may be modified as provided above) using the credit card, DEBIT CARD OR OTHER PAYMENT information on file with Social Solace. The renewal payments will take place on or about the expiration date of Your Additional List(s). If the renewal of any of Your Additional List subscriptions fails for any reason, we will attempt to process Your Additional List renewals for a period up to one hundred eighty (180) days in accordance with our standard renewal practices then in effect (which may be modified from time to time by Social Solace). Except as otherwise required by applicable law, You agree that Social Solace will not provide You with any notices prior to each renewal payment for any Additional Lists. In the event your primary subscription is not renewed or terminated for any reason, any Additional List subscriptions purchased will be automatically terminated.

Membership Renewals:

If You received a free offer to access all subscriptions in the Service, , Social Solace will renew your membership at the Membership Fee (as such Membership Fee may be modified as provided above) using the credit card, debit card or other payment information on file with Social Solace. All existing memberships will be renewed at the Membership Fee (as such Membership Fee may be modified as provided above) and will include access to all subscriptions unless You otherwise elect to cancel access to a particular subscription in accordance with the provisions set forth below.

If you received a free offer for Your Additional List, Social Solace will provide you notice via email prior to renewing the Additional List at the Membership Fee (as such Membership Fee may be modified as provided above) using the credit card, debit card or other payment information on file with Social Solace.

Canceling Your membership:

Monthly Payment Plan: If You decide to cancel Your monthly membership with the Service, Your cancellation request must be received no later than 5:00p.m. (DETROIT, MICHIGAN LOCAL TIME) on the business day prior to Your scheduled MONTHLY renewal payment date. You may cancel Your monthly membership by providing Social Solace with notice of Your desire by contacting Social Solace by first class certified mail at 1557 W. Hamlin Road Rochester Hills, Michigan 48309, by TELEPHONE at (313) 312-4122,  or by email at help@socialsolace.com.

Annual Payment Plan: If You decide to cancel Your annual membership with the Service, Your cancellation request must be received no later than 5:00 p.m. (INDIANAPOLIS, INDIANA LOCAL TIME) on the business day prior to Your scheduled annual renewal payment date. You may cancel Your annual membership by providing Social Solace with notice of Your desire by contacting Social Solace by first class certified mail at 1557 W. Hamlin Road Rochester Hills, Michigan 48309, by TELEPHONE at (313) 312-4122, or by email at help@socialsolace.com.

Additional List Plan: If You decide to cancel any of Your Additional LIST memberships with the Service, Your cancellation request must be received no later than 5:00 p.m. (DETROIT, MICHIGAN LOCAL TIME) on the business day prior to Your scheduled Additional LIST renewal payment date. You may cancel any of Your Additional LIST memberships by providing Social Solace with notice of Your desire by contacting Social Solace by first class certified mail at 1557 W. Hamlin Road Rochester Hills, Michigan 48309, by TELEPHONE at (313) 312-4122, or by email at help@socialsolace.com.

Subscriptions: IF YOU DECIDE TO CANCEL ACCESS TO A SUBSCRIPTION OR SUBSCRIPTIONS INCLUDED IN THE SERVICE, YOUR CANCELLATION REQUEST MUST BE RECEIVED NO LATER THAN 5:00 P.M. (DETROIT, MICHIGAN LOCAL TIME) ON OR BEFORE THE THIRD (3rd) DAY AFTER YOUR RENEWAL PAYMENT IS MADE. YOU MAY CANCEL ACCESS TO A SUBSCRIPTION OR SUBSCRIPTIONS BY PROVIDING SOCIAL SOLACE WITH NOTICE OF YOUR DESIRE BY CONTACTING Social Solace by first class certified mail at 1557 W. Hamlin Road Rochester Hills, Michigan 48309, by TELEPHONE at (313) 312-4122, or by email at help@socialsolace.com

 

8. Special Provisions Applicable to Share Links

 

If you include our Share Link button on your website, the following additional terms apply to you:

 

1. We give you permission to use Social Solace's Share Link button so that users can post links or content from your website on Social Solace.

 

2. You give us permission to use and allow others to use such links and content on Social Solace.

 

3. You will not place a Share Link button on any page containing content that would violate this Statement if posted on Social Solace.

 

9. Special Provisions Applicable to Developers/Operators of Applications and Websites

 

If you are a developer or operator of a Platform application or website, the following additional terms apply to you:

 

1. You are responsible for your application and its content and all uses you make of Platform. This includes ensuring your application or use of Platform meets our Social Solace Platform Policies and our Advertising Guidelines.

 

2. Your access to and use of data you receive from Social Solace, will be limited as follows:

 

1. You will only request data you need to operate your application.

 

2. You will have a privacy policy that tells users what user data you are going to use and how you will use, display, share, or transfer that data and you will include your privacy policy URL in the Developer Application.

 

3. You will not use, display, share, or transfer a user’s data in a manner inconsistent with your privacy policy.

 

4. You will delete all data you receive from us concerning a user if the user asks you to do so, and will provide a mechanism for users to make such a request.

 

5. You will not include data you receive from us concerning a user in any advertising creative.

 

6. You will not directly or indirectly transfer any data you receive from us to (or use such data in connection with) any ad network, ad exchange, data broker, or other advertising related toolset, even if a user consents to that transfer or use.

 

7. You will not sell user data. If you are acquired by or merge with a third party, you can continue to use user data within your application, but you cannot transfer user data outside of your application.

 

8. We can require you to delete user data if you use it in a way that we determine is inconsistent with users’ expectations.

 

9. We can limit your access to data.

 

10. You will comply with all other restrictions contained in our Social Solace Platform Policies.

 

3. You will not give us information that you independently collect from a user or a user's content without that user's consent.

 

4. You will make it easy for users to remove or disconnect from your application.

 

5. You will make it easy for users to contact you. We can also share your email address with users and others claiming that you have infringed or otherwise violated their rights.

 

6. You will provide customer support for your application.

 

7. You will not show third party ads or web search boxes on Social Solace.

 

8. We give you all rights necessary to use the code, APIs, data, and tools you receive from us.

 

9. You will not sell, transfer, or sublicense our code, APIs, or tools to anyone.

 

10. You will not misrepresent your relationship with Social Solace to others.

 

11. You may use the logos we make available to developers or issue a press release or other public statement so long as you follow our Social Solace Platform Policies.

 

12. We can issue a press release describing our relationship with you.

 

13. You will comply with all applicable laws. In particular you will (if applicable):

 

1. have a policy for removing infringing content and terminating repeat infringers that complies with the Digital Millennium Copyright Act.

 

2. comply with the Video Privacy Protection Act (VPPA), and obtain any opt-in consent necessary from users so that user data subject to the VPPA may be shared on Social Solace. You represent that any disclosure to us will not be incidental to the ordinary course of your business.

 

14. We do not guarantee that Platform will always be free.

 

15. You give us all rights necessary to enable your application to work with Social Solace, including the right to incorporate content and information you provide to us into streams, profiles, and user action stories.

 

16. You give us the right to link to or frame your application, and place content, including ads, around your application.

 

17. We can analyze your application, content, and data for any purpose, including commercial (such as for targeting the delivery of advertisements and indexing content for search).

 

18. To ensure your application is safe for users, we can audit it.

 

19. We can create applications that offer similar features and services to, or otherwise compete with, your application.

 

10. About Advertisements and Other Commercial Content Served or Enhanced by Social Solace

 

Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:

 

1. You can use your privacy settings to limit how your name and profile picture may be associated with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. You give us permission to use your name and profile picture in connection with that content, subject to the limits you place.

 

2. We do not give your content or information to advertisers without your consent.

 

3. You understand that we may not always identify paid services and communications as such.

 

11. Special Provisions Applicable to Pages

 

If you create or administer a Page on Social Solace, you agree to our Pages Terms.

 

12. Amendments

 

1. We can change this Statement if we provide you notice (by posting the change on the Social Solace Site Governance Page) and an opportunity to comment. To get notice of any future changes to this Statement, visit our Social Solace Site Governance Page and become a fan.

 

2. For changes to sections 7, 8, 9, and 11 (sections relating to payments, application developers, website operators, and advertisers), we will give you a minimum of three days notice. For all other changes we will give you a minimum of seven days notice. All such comments must be made on the Social Solace Site Governance Page.

 

3. If more than 7,000 users comment on the proposed change, we will also give you the opportunity to participate in a vote in which you will be provided alternatives. The vote shall be binding on us if more than 30% of all active registered users as of the date of the notice vote.

 

4. We can make changes for legal or administrative reasons, or to correct an inaccurate statement, upon notice without opportunity to comment.

 

13. Termination

 

If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Social Solace to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 2.2, 2.4, 3-5, 8.2, 9.1-9.3, 9.9, 9.10, 9.13, 9.15, 9.18, 10.3, 11.2, 11.5, 11.6, 11.9, 11.12, 11.13, and 14-18.

 

14. Disputes

 

1. You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Social Solace exclusively in a state or federal court located in Santa Clara County. The laws of the State of California will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Santa Clara County, California for the purpose of litigating all such claims.

 

2. If anyone brings a claim against us related to your actions, content or information on Social Solace, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

 

3. WE TRY TO KEEP SOCIAL SOLACE UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING SOCIAL SOLACE AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT SOCIAL SOLACE WILL BE SAFE OR SECURE. SOCIAL SOLACE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR SOCIAL SOLACE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR SOCIAL SOLACE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, SOCIAL SOLACE'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

15. Special Provisions Applicable to Users Outside the United States

 

We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States:

 

1. You consent to having your personal data transferred to and processed in the United States.

 

2. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on Social Solace (such as advertising or payments) or operate a Platform application or website.

 

3. Certain specific terms that apply only for German users are available here.

 

16. Definitions

 

1. By Social Solace we mean the features and services we make available, including through

 

(a) our website at www.Social Solace.com and any other Social Solace branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions);

 

(b) our Platform;

 

(c) social plugins such as the like button, the share button and other similar offerings and

 

(d) other media, software (such as a toolbar), devices, or networks now existing or later developed.

 

2. By Platform we mean a set of APIs and services that enable others, including application developers and website operators, to retrieve data from Social Solace or provide data to us.

 

3. By information we mean facts and other information about you, including actions you take.

 

4. By content we mean anything you post on Social Solace that would not be included in the definition of information.

 

5. By data we mean content and information that third parties can retrieve from Social Solace or provide to Social Solace through Platform.

 

6. By post we mean post on Social Solace or otherwise make available to us (such as by using an application).

 

7. By use we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.

 

8. By active registered user we mean a user who has logged into Social Solace at least once in the previous 30 days.

 

9. By application we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.

 

17. Other

 

1. If you are a resident of or have your principal place of business in the US or Canada, this Statement is an agreement between you and Social Solace, Inc. Otherwise, this Statement is an agreement between you and Social Solace Ireland Limited. References to “us,” “we,” and “our” mean either Social Solace, Inc. or Social Solace Ireland Limited, as appropriate.

 

2. This Statement makes up the entire agreement between the parties regarding Social Solace, and supersedes any prior agreements.

 

3. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.

 

4. If we fail to enforce any of this Statement, it will not be considered a waiver.

 

5. Any amendment to or waiver of this Statement must be made in writing and signed by us.

 

6. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.

 

7. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

 

8. Nothing in this Statement shall prevent us from complying with the law.

 

9. This Statement does not confer any third party beneficiary rights.

 

10. You will comply with all applicable laws when using or accessing Social Solace.