Terms of Service
Last Modified: August 15, 2019
The SocialHour mobile application and the website www.socialhour.fun are owned and operated by SocialHour LLC (“SocialHour” or “Company” or “we” or “us” or “our”), a Wisconsin Limited Liability Company. These Terms of Service (“Terms”) govern your use of our application and website (the “Service” or “Services”), and any information, text, links, graphics, photos, audio, videos, or other materials or collection of materials uploaded, downloaded or appearing on the Service (collectively referred to as “Content”). Your access to and use of the Service and Content are conditioned on your acceptance of and compliance with these Terms. In consideration of being allowed to access and use the Services, you agree, by accessing or using the Services to be bound by these Terms.
1. Eligibility – Who May Use The Services
You may use the Services only if you are at least 18 years old, agree to abide by and be bound by these Terms, and are not a person prohibited from receiving services under the laws of the applicable jurisdiction. To the extent you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.
2. Using the Services
You may use the Services only in compliance with these Terms and all applicable laws, rules, and regulations. By using the Services, you agree to act in good faith, especially when adding, editing, or removing content to or from the Services. You agree to not maliciously, or with ill-intent, add, edit, or delete content from the Services, such as information about Establishments.
We may change our Services from time to time. We may stop providing the Services or any features within the Services to you or to users generally. We also retain the right to create limits on use at our sole discretion at any time. We may remove or refuse to distribute any Content on the Services, suspend or terminate users, and reclaim usernames/display names without liability to you.
By using the Services, you agree that SocialHour and its third-party providers and partners may place advertising on the Services. You agree not to misuse our Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide. You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, SocialHour’s systems and databases, or the technical delivery systems of SocialHour’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by SocialHour, unless you have been explicitly allowed to do so by SocialHour; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with or disrupt the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
3. Privacy
How we handle, process, and use the information you provide us when you use our services can be found in our privacy policy. By using our Services, you consent to the collection and use of this information, as provided for in the Privacy Policy.
4.Content on the Services
You are responsible for your use of the Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others.
Your use or reliance on any Content obtained by you from or through the Services is at your own risk. All Content is the sole responsibility of the person who originated such Content. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted on or via the Services or endorse any opinions expressed posted on or via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. We may not monitor or control the Content posted via the Services, and we cannot take responsibility for such Content.
We reserve the right to remove Content, at our sole discretion, for any reason or no reason at all.
If you believe that your Content has been copied in a way that constitutes copyright infringement, please report this to our designated copyright agent at:
SocialHour LLC
Attn: Copyright Agent
229 E Wisconsin Ave Ste 908
Milwaukee, WI 53202
Email: support@socialhour.fun
Your Rights in the Content
You retain your rights to any Content you submit, post, or display on or through the Services. You agree that any and all Content you provide is perpetually and irrevocably licensed to SocialHour on a worldwide, royalty-free, non-exclusive basis for SocialHour to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods. The Content you provide may be made available to the rest of the world and used for commercial purposes without any compensation paid to you.
You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power, and/or authority necessary to grant the license described above for any Content that you submit, post, or display on or through the Services. You agree that such Content will not contain material subject to copyright or other proprietary rights, unless you are legally entitled to post the material and to grant SocialHour the license described above.
We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request, (ii) enforce these Terms, (iii) investigate potential violations of these Terms, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to user support requests, or (v) protect the rights, property, or safety of SocialHour, its users, and the public. We do not disclose personally-identifying information to third parties except in accordance with our Privacy Policy.
Your Account
Creating an account may be necessary to use some of our Services. It is your responsibility to safeguard your account. We cannot and will not be liable for any loss or damage arising from your failure to take prudent measures in protecting your account, such as employing a strong password and limiting the use of your account by others.
You can and will be able to control most communications from the Services. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not be able to opt-out from receiving them.
You may deactivate your accounts and discontinue your use of the Services at any time. If you need help deactivating your account, please contact support@socialhour.fun.
Your License to Use the Services
SocialHour gives you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the software provided to you as part of the Services. The sole purpose of this license it to enable your use and enjoyment of the Services, in the manner permitted by these Terms.
The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the SocialHour name or any of the SocialHour trademarks, logos, domain names, and other distinctive brand features. All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of SocialHour and its licensors. Any feedback, comments, or suggestions you may provide regarding us or our Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
Suspension or Termination
SocialHour may suspend or terminate your account or stop providing you with access to the Services at any time for any or no reason.
5. Disclaimers and Limitations of Liability
Disclaimer of Warranties
Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis.
TO THE MAXIMUM EXTENT ALLOWED BY LAW, SOCIALHOUR DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, WHETHER EXPRESS, IMPLIED, OR STATUTORY. SOCIALHOUR PROVIDES NO GUARANTEES THAT THE SERVICES OR NETWORK WILL FUNCTION WITOUT INTERRUPTION OR ERRORS AND PROVIDES THE NETWORK, SERVICES, AND ANY RELATED CONTENT OR PRODUCTS SUBJECT TO THESE TERMS ON AN “AS IS” BASIS.
By way of illustration, and not to be construed as a limitation, SocialHour disclaims all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security, or reliability of the Services or any Content; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (c) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (d) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOCIALHOUR AND ITS AFFILIATES SHALL NOT BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY OF LIABILITY (INCLUDING THOSE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, NEGLIGENCE OR OTHERWISE) WITH RESPECT TO THE SERVICES, NETWORK, OR CONTENT (a) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNATIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, GOODWILL, PROFITS OR REVENUES, OR (b) FOR ANY DIRECT DAMAGES IN EXCESS OF THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100.00) IN THE AGGREGATE OR THE AMOUNT YOU PAID SOCIALHOUR, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM, EVEN IF SOCIALHOUR OR ITS AFFILIATES HAVE BEEN TOLD OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. NOTHING IN THIS LIMITATION SHALL PREVENT SOCIALHOUR OR ITS AFFILIATES FROM SEEKING AND OBTAINING EQUITABLE RELIEF.
6. General
Modifications
SocialHour reserves the right to revise these Terms from time to time. Such changes will not be retroactive, and the most current version of the Terms, which can be found at WEBSITE.COM/terms, will govern our relationship with you. If we make material changes, we will attempt to provide notice via an appropriate means of electronic communication, for example via a Service notification or an email to the email address associated with your account. You agree to be bound by the revised terms by continuing to access or use the Services after those revisions become effective.
Jurisdiction and Venue
The laws of the State of Wisconsin, excluding its choice of law provisions, will govern these Terms and any dispute that arises between you and SocialHour. All disputes related to these Terms or the Services will be brought solely in the federal or state courts located in Milwaukee County, Wisconsin, United States, and you consent to personal jurisdiction and waive any objection as to inconvenient forum.
Severability
If any provision of these Terms is held to be invalid, void, or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
No Waiver
SocialHour’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
Headings
Section and paragraph headings are for convenience only and shall not affect the interpretation of these Terms.
These Terms are an agreement between you and SocialHour LLC, 229 E Wisconsin Ave, Ste 908, Milwaukee, WI, 53202 U.S.A. If you have any questions about these Terms, please contact support@socialhour.fun.