TURNSOCIAL.COM TERMS OF USE

INTRODUCTION

The following Terms of Use (these Terms of Use) govern your (hereafter you, your, user) use of the products and services available at the website located at the URL www.turnsocial.com (the Site), which was created, and is controlled and operated by TurnSocial.com, Inc. (TurnSocial). As further described below, the Site features TurnSocial's proprietary web based toolbars technology in its various forms (collectively, the Service) which may be used on the Site, or on your website or your affiliated websites via any software code that we may make available to you from time to time (such user is hereinafter, a Partner), used in accordance with the terms of the limited. By accessing this Site or using any part of the Service, you agree to be bound by these Terms of Use and the License. If you do not agree to all of these Terms of Use and the License, then you may not access the Site or use the Service. Your right to use the Site and the Service is expressly conditioned upon your assent to all of these Terms of Use, to the exclusion of all other terms. The Service is available only to individuals who are at least 18 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Services.

MODIFICATIONS OF TERMS OF USE

TurnSocial reserves the right, at its sole discretion, to modify or replace these Terms of Use at any time. You should come back and review these Terms of Use from time to time, as you are solely responsible for reviewing and becoming familiar with any such modifications. Use of the Service by you, even if you have previously registered to use the Service on your website, and do not return to the Site on an ongoing basis, following this notification, constitutes your acceptance of the Terms of Use as modified.

DESCRIPTION OF SERVICE

The Service provides communication platforms and other applications. TurnSocial acts only as a forum and technical interface between and among Users and may offer a variety of applications and widgets from TurnSocial, its affiliates and selected third party licensors to help Users enhance their communities and Websites. TurnSocial does not verify the qualifications of Users, nor does it evaluate, control or monitor in any ongoing manner exchanges between users. You understand and agree that you use TurnSocial at your own risk. You must use your own judgment in evaluating the qualifications of and statements made by Users. Any opinions expressed by a User are of those of the User alone, and are not to be attributed to TurnSocial. TurnSocial cannot and does not assume responsibility for the accuracy, completeness, safety, timeliness, legality or applicability of anything said or written by any User. There are risks of dealing with underage persons, or persons acting under false pretenses. Authentication on the Internet is difficult and, accordingly, TurnSocial cannot and does not confirm that each User is whom they claim to be or that they can deliver services or make payments. TurnSocial cannot control the information provided by Users. Users information might be offensive, harmful, untimely, inaccurate and/or deceptive and, accordingly, you agree to exercise caution, discretion and common sense when using the Service.

Information, advice, opinions or comments expressed by any User via the Service are not intended to substitute for informed professional advice. You acknowledge that TurnSocial does not offer or provide professional services, including without limitation, medical, legal or financial advising. You should not use the Service for emergency purposes or to seek or provide diagnosis or treatment of medical, psychiatric or psychological problems, or as a substitute for face-to-face professional consultation. If you have a medical or psychiatric emergency, call your physician or emergency service immediately. TurnSocial is not a referral service and TurnSocial does not endorse or recommend the use of any professional services. You must use your judgment to determine when it is necessary to consult with a provider who is local, licensed in your state or country, available in person, or otherwise possesses qualities required to properly diagnose or advise you, especially in areas of expertise such as medicine, law, accounting, psychological counseling, investment, tax or other financial advice, requiring government or regulatory licensing or certification, or for high risk activities.

You understand and agree that TurnSocial is supported by advertising. TurnSocial reserves the right to display advertisements and promotions on or through the Service, including, third party applications and you agree that neither you nor any User shall obscure or obstruct with the placement, display or functionality of such advertisements. The manner, mode and extent of advertising by TurnSocial on the Service are subject to change at TurnSocial's sole discretion.

We partner with a limited number of behavioral advertising companies to serve ads and/or collect certain information when you visit our websites. Behavioral advertising companies may use cookies to collect non-personally identifiable information [what your search for] during your visit to this website in order to help show advertisements on other websites likely to be more interesting to you. To learn more about this ‘behavioral advertising’ practice or to opt-out of this use of your anonymous information, you can visit the Network Advertising initiative's opt out.

The Service enables users to build web based toolbars both on the Site and as a widget accessed by users of your website, which generates data regarding user behavior and engagement (collectively, Data) that TurnSocial may provide you to access in a variety of formats. TurnSocial may add, change, suspend or discontinue the Service, in whole or in part, for any reason, at any time, including the availability of any feature, Content or Data, without notice or liability to you.

The Service may provide links and application to other Internet websites or resources. Because TurnSocial has no control over such websites and resources, you acknowledge and agree that TurnSocial is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such websites or resources.

USER CONDUCT

As a condition of use, you promise not to use the Service or the Data for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by TurnSocial. By way of example, and not as a limitation, you agree not to use the Services:

to abuse, harass, threaten, impersonate or intimidate other TurnSocial users or Content providers;
in any manner that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party;
for any illegal or unauthorized purpose. You agree to comply with all local laws regarding online conduct and acceptable content;
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 TurnSocial user;
to create or submit unwanted email (Spam) to any other TurnSocial users or any URL;
to violate any laws in your jurisdiction (including but not limited to copyright laws);
to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;
[except for access via RSS feeds,] via use of any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission;
to take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our Service infrastructure;
to interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
to bypass any measures we may use to prevent or restrict access to the Site;

TurnSocial, in its sole discretion, may remove any Content from the Site for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), at any time. To report abuse to these Terms of Use abuse, please email [feedback@turnsocial.com].

PROPRIETARY RIGHTS

All right, title and interest in and to the Site, the Service, compilations, magnetic translations, digital conversions, software and other materials related to the Service are and shall at all times remain the sole and exclusive property of TurnSocial and are protected by applicable intellectual property laws and treaties. All Data related to the Site or collected by way of the Service on any website shall be the sole property of TurnSocial. You acknowledge that you do not acquire any ownership rights in or to the Service or the Data.

All rights not expressly granted to you in this Agreement or the License are reserved by TurnSocial.

CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

Ownership. By uploading, submitting or otherwise disclosing or distributing Content of any kind at or on the Site or otherwise through the Service, you represent and warrant that you own all rights in the Content and you agree that the Content will be subject to the Creative Commons Public Domain License, available at http://creativecommons.org/licenses/publicdomain .

Limited License to Use Content. By submitting any Content, you hereby grant TurnSocial a limited, non-exclusive, fully paid-up, royalty free, worldwide right to use such Content and your registered and unregistered trademarks, service marks, trade dress, graphics or logos (Partner Marks) in any of the following: (i) on the Site, any TurnSocial blog or newsletter; (ii) on any business development, commercial sales materials, or press releases; (iii) as any part of the Service; (iv) or in any other reasonable manner that a Partner might expect TurnSocial to use its Partner Marks.

WARRANTY DISCLAIMER

You acknowledge that TurnSocial has no control over, and no duty to take any action regarding: which users gain access to the Service; what effects the Service may have on you; your website or equipment; the accuracy or how you may interpret, rely, or use the Service or the Data including without limitation any loss of reputation or loss of traffic on your website or any website of any of your affiliates; or what actions you may take as a result of having been exposed to the Service. You further acknowledge and agree that TurnSocial 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 Content, goods or services available on or through any third party website linked or referred to by any portion of the Service or Data. TurnSocial assumes no responsibility with respect to the results of any Content generated via the Service. You release TurnSocial from all liability with respect to the Service, and any Content or Data provided or accessed via the Service or through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. TurnSocial makes no representations concerning the Data or any Content contained in or accessed via the Service or the Site, including without limitation Sponsored ads and TurnSocial will not be responsible or liable for the contents, accuracy, copyright compliance, legality or decency of third party Content or services accessed via the Service or the Site or for your reliance on any of the foregoing. THE SERVICE AND THE DATA ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, TURNSOCIAL AND ITS AGENTS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE AND THE DATA, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, RESULTS OF USE, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, INTERFERENCE WITH QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. TURNSOCIAL DISCLAIMS ANY WARRANTY THAT YOUR USE OF THE SERVICE OR THE DATA WILL BE UNINTERRUPTED OR ERROR FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIABILITY LIMITATION

REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, AND EXCEPT FOR BODILY INJURY, IN NO EVENT WILL TURNSOCIAL OR ITS AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, THE SERVICE, THE API, AND THE DATA, EVEN IF TURNSOCIAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE, OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) [$100]. ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH CLAIM. TURNSOCIAL DISCLAIMS ALL LIABILITY OF ANY KIND OF TURNSOCIAL'S AGENTS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. YOU UNDERSTAND AND AGREE THAT YOUR SOLE RIGHT AND REMEDY AGAINST TURNSOCIAL IS TO DISCONTINUE USE OF THE SERVICE.

INDEMNITY

You agree to indemnify, defend and hold harmless TURNSOCIAL, its parents, subsidiaries, affiliates, customers, vendors, Sponsors and their respective officers, directors and employees from any liability, damage, cost or fees (including reasonable attorneys' fees) arising from: (i) any claim or demand made by any third party due to or arising out of your access to the Site; (ii) your use of the Service, the Data and violation of the Terms of Use by you; (iii) or the infringement by you, or any third party using your TurnSocial account , of any intellectual property or other right of any person or entity; provided, however, that you have not sought to remedy such infringement by using TurnSocial's copyright policy, as described in Section 18, below.

TERM AND TERMINATION

These Terms of Use shall continue until terminated as set forth in this Section. TurnSocial, in its sole discretion, may terminate or suspend user accounts at any time for any reason or for no reason at all, without prior notice or liability to you. Upon termination of your account, your right to use the Services will immediately cease. Upon termination of these Terms of Use for any reason, you shall destroy and remove from all computers, hard drives, networks, and other storage media all copies of the Service and any the Data, and shall so certify, if requested, to TurnSocial that such actions have occurred. If you wish to terminate your TurnSocial account, you may simply discontinue using the Service. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

GOVERNMENT USE

If you are part of an agency, department, or other entity of the United States Government ("Government"), the use, duplication, reproduction, release, modification, disclosure or transfer of the Service is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The Service and the Data each are a "commercial item," "commercial computer software" and "commercial computer software documentation." In accordance with such provisions, any use of such items by the Government shall be governed solely by the terms of these Terms of Use.

EXPORT CONTROLS

You shall comply with all export laws and restrictions and regulations of the Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control ("OFAC"), or other United States or foreign agency or authority, and you shall not export, or allow the export or re-export of the Service in violation of any such restrictions, laws or regulations. By downloading or using the Service and the Data, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any restricted country.

MISCELLANEOUS

These Terms of Use constitutes the entire agreement between you and TurnSocial pertaining to the subject matter hereof, and supersedes any and all written or oral agreements with respect to such subject matter. No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind TurnSocial in any respect whatsoever. These Terms of Use, and any disputes arising from or relating to the interpretation thereof, shall be governed by and construed under United States law. The prevailing party in any action arising out of this Agreement shall be entitled to an award of its costs and attorneys' fees. These Terms of Use may be amended only by a writing executed by TurnSocial. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. The failure of TurnSocial to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit TurnSocial's rights with respect to such breach or any subsequent breaches. These Terms of Use are personal to you and may not be assigned or transferred for any reason whatsoever (including, without limitation, by operation of law, merger, reorganization, or as a result of an acquisition or change of control involving you) without TurnSocial's prior written consent and any action or conduct in violation of the foregoing shall be void and without effect. TurnSocial expressly reserves the right to assign these Terms of Use and to delegate any of its obligations hereunder.

COPYRIGHT COMPLAINTS

We respect the intellectual property rights of others and require that those who use the Service do the same. If you believe that your proprietary work has been copied in a way that constitutes copyright infringement, please forward the following information to TurnSocial's Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512(c)(2), named below:

A physical signature of the person authorized to act on behalf of the owner of the copyright;
description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Service;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

For information, please contact feedback@turnsocial.com, with the subject line COPYRIGHT OBJECTION

QUESTIONS OR COMMENTS

Any questions or comments regarding, or problems with, the Service should be sent to the Website Administrator at [feedback@turnsocial.com].