SRD Social Terms and Conditions of Use
Last updated: April 9, 2020
These terms and agreements (“Terms” or “Agreement”) are entered into between Steady Radiance Design, LLC (“SRD”) – operator of the SRD Social service found at www.steadyradiancedesign.com/social (“Service”), and you, the purchaser and users of SRD’s services and products (“User”). The User acknowledges that he/she has read and understands these Terms and will abide by them.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service.
The term “User” is defined in this Agreement as the purchaser and/or user of the Service, as well as any employee of such person or entity.
SRD provides social media management services to automate social media posts and website management services to create customized websites and blogs. These services are provided for a fee to the User. All services include a 14-day trial during which the Service is provided free of charge. A credit card is required at sign-up. The User’s credit card will be charged 14 days after the User’s registration. If the User cancels their subscription to the Service prior to the end of the trial the credit card will not be charged.
If the User wishes to purchase any product or service made available through the Service (“Paid Products”), they may be asked to supply certain information relevant to the Purchase including, without limitation, full name, billing address, email address, credit card information, and phone number.
SUBSCRIPTIONS AND RENEWALS
Some parts of the Service and Paid Products are billed on a subscription basis (“Subscription(s)”). Users who purchase a Subscription will be billed in advance on a recurring schedule according to the package purchased. Subscription(s) are available in the specified increments; all Subscription(s) include a 14-day trial, after which, the first payment will be charged to the User. The Subscription(s) do not expire. The User will continue to be charged for the selected Subscription until the User manually cancels the Subscription(s). The Subscription(s) can be canceled at any time. Due to the nature of our services, SRD cannot guarantee that the User will receive all of the posts alloted in the Subscription(s) purchased. Technical malfunctions and/or temporary downtime, while rare, is a possibility and missed posts may be the result. SRD is also not responsible for missed posts due to problems with the Social Media websites SRD connects to on behalf of the User.
REFUNDS AND CANCELLATION
The User can cancel a Subscription to the Service via their account page at https://www.steadyradiancedesign.com/my-account. There are no refunds or reimbursements for any Paid Products unless expressly stated in the description of the purchased item. Subscriptions are paid in advance. If a Subscription is canceled, the Service will continue through the remainder of the prepaid Subscription period, at which time the Service will be terminated.
For the Health Coaching Industry:
The User is required to provide content to be posted or a specific location where SRD can get content to be posted. SRD will post content directly from the resource provided by User; SRD is not responsible for checking for correct grammar and/or spelling, or for making any other changes to the content provided by User. SRD is not responsible for errors or omissions in the content provided by User. SRD is not responsible for adding disclaimers to photos. SRD provides no guarantee that the content and/or images posted to User social media profile(s) will comply with any requirements of specific organizations. The User is solely responsible for ensuring the content provided to SRD is not copyrighted by another party or the User has purchased a license that can apply toward unlimited web usage. SRD is not responsible for verifying ownership of images or other content provided to us.
For the Real Estate/Mortgage Industry:
SRD will provide content in the form of Blog Posts, Images, and/or Social Media Posts (“SRD Provided Content”) to the User’s social media account(s) and/or customized SRD website. Although SRD will do its best to ensure accuracy, SRD does not guarantee correct grammar, correct spelling, or the accuracy of any SRD Provided Conent. SRD is not responsible for errors or omissions in the SRD Provided Content. SRD is not responsible for adding disclaimers to any SRD Provided Content. SRD provides no guarantee that the SRD Provided Content posted to the User’s social media profile(s) and/or customized SRD website will comply with any requirements of specific organizations. If the User provides any content to SRD, the User is solely responsible for ensuring the content provided to SRD is not copyrighted by another party or the User has purchased a license that can apply toward unlimited web usage. SRD is not responsible for verifying ownership of images or other content provided to us.
Provided that the User agrees to and follows this Agreement, SRD grants the User a non-exclusive, non-transferrable right and license to use the Paid Products. This license may be revoked by SRD if User violates any of the terms or conditions on this Agreement. In the event that a User license is revoked, User shall not be entitled to a refund of any money paid to SRD.
User shall not us the name of SRD without SRD’s prior written consent.
User will be given an account and certain login privileges on the Service website. User shall not permit any person to have access to its account or any of its privileges unless such person is an officer or employee of User.
In consideration for the license granted by SRD with respect to the Paid Products, the User agrees to pay SRD the purchase price listed on the Service website for the particular package of Paid Products selected by the User, as well as any and all applicable federal, state, or local excise, sales, use and/or other taxes. The User will be charged for the first month 14 days after the Service begins. If User cancels a Subscription(s) after the 14-day trial, no refunds will be provided for any charges that occur after the 14-day trial. Upon the cancellation of a Subscription(s), the User’s license to use any of the Paid Product will terminate. A cancellation will not, however, nullify or terminate this Agreement. User will still be bound by all terms of this Agreement. During the 14-day trial period, User will have access to all features of the Paid Products. There will be no exceptions to this policy.
User agrees that any reliance upon the Paid Products is entirely at the discretion and risk of User. User acknowledges that (a) any collection and compilation of information of the kind included in the Paid Products entails the possibility of some human and machine errors, omissions, delays, interruption, and losses. ACCORDINGLY, USER ACKNOWLEDGES AND AGREES THAT ALL MATERIALS AND SERVICES PROVIDED TO IT BY SRD, INCLUDING, BUT NOT LIMITED TO, THE PAID PRODUCTS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SRD MAKES NO WARRANTIES THAT (A) THE PAID PRODUCTS WILL MEET USER’S REQUIREMENTS; (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY USER FROM SRD WILL MEET USER’S EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS.
Limitation of Liability. SRD, ITS OFFICERS, AFFILIATES, AND EMPLOYEES SHALL HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, INCIDENTAL OR SPECIAL DAMAGES RELATING TO OR ARISING OUT OF IN ANY WAY THE PAID PRODUCTS, OR ANY TRANSACTION PERFORMED OR UNDERTAKEN UNDER OR IN CONNECTION WITH THIS AGREEMENT, WHETHER FORESEEABLE OR UNFORESEEABLE (AND WHETHER OR NOT SUCH PARTY OR ANYONE ELSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED UPON LOST GOODWILL, LOST PROFITS, LOSS OF DATA OR INTERRUPTION IN ITS USE OR AVAILABILITY, STOPPAGE OF WORK OR OTHERWISE, WHETHER ARISING OUT OF BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY IN TORT OR OTHERWISE, AND WHETHER BASED ON ANY PROVISION OF THIS AGREEMENT OR ANY OTHER AGREEMENT BETWEEN THE PARTIES. USER SHALL DEFEND AND INDEMNIFY SRD, AS WELL AS ITS OFFICERS AND EMPLOYEES, FROM ANY SUCH LIABILITY. FURTHER, AND WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL SRD’S TOTAL LIABILITY FOR A CLAIM OF ANY KIND, REGARDLESS OF THE FORUM IN WHICH ANY ACTION MAY BE BROUGHT, EXCEED THE TOTAL AMOUNT THAT USER HAS PAID TO SRD.
PERIODIC CHANGES TO PAID PRODUCTS
User agrees that, from time to time, SRD may make editorial, analytical, or aesthetic changes to the Paid Products and that SRD shall have no obligation to notify the User of the changes.
LINKS TO OTHER WEBSITES
Our Service and the SRD Provided Content may contain links to third-party websites or services that are not owned or controlled by SRD.
SRD has no control over and assumes no responsibility for, the content, privacy policies, or purchases of any third-party websites or services. You further acknowledge and agree that SRD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
You may not access or use the Service for any other purpose than that for which SRD makes it available. Prohibited activity includes, but is not limited to:
- attempting to bypass any measures of the Service designed to prevent or restrict access to the Service or any portion of the Service
- attempting to impersonate another User or person or using the username of another User
- criminal or tortious activity
- deciphering, decompiling, disassembling or reverse-engineering any of the software comprising or in any way making up a part of the Service
- deleting the copyright or other proprietary rights notice from the Paid Products, or any Service content
- engaging in any automated use of the system, such as data mining, robots, or similar data gathering and extraction tools
- except as may be the result of standard search engine or internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper, or offline reader that accesses the Service, or using or launching any unauthorized script or other software
- harassing, annoying, intimidating, or threatening any SRD employees or agents engaged in providing any portion of the Service to you
- interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to the Service
- making unauthorized use of the Service, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses
- selling or otherwise transferring your profile
- systematic retrieval of data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from SRD
- tricking, defrauding, or misleading SRD and/or other Users, especially in any attempt to learn sensitive account information such as passwords
- using any information obtained from the Service in order to harass, abuse, or harm another person
- using the Service as part of any effort to compete with SRD or to provide services as a service bureau
- using the Service in a manner inconsistent with any and all applicable laws and regulations
- directly or indirectly: copying, reproducing, modifying, publishing, or distributing the Paid Products, in whole or in part, to any other person; granting any sublicense or sub-authorization, assigning in whole or in part, or otherwise granting or purporting to grant to any person any right to obtain, use, exploit, copy, publish, or distribute the Paid Products, in whole or in part, to any other person; or displaying the Paid Products, in whole or in part, on any website or publication.