COMPANY.COM – UPDATED DECEMBER 1, 2014
Additional terms and conditions governing our agreement with organizations or individuals that have contract for an Employee or Enterprise Social Network (a “Corporate Network”) are as set forth in a separate agreement, but all users of the Service, whether free or a paid service, must agree to the terms set forth in this Agreement as well.
We reserve the right to amend this Agreement at any time and without notice.
The Social.Company.com Network Platform
Social.Company.com is a web-based platform (“Social.Company.com website”, “Social.Company.com Platform”, “The Platform”) that enables Members to create social networks by inviting others to join them in their professional, educational, or interest-based networks (each, a “Network”).
Types of Networks
The Social.Company.com platform supports two types of networks: “Private” networks intended for employees, partners, and other internal audiences for use within the context of an organization and “Public” networks designed for Members who are not employees or contractors of an organization.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, personal license to use the Service. Company.com reserves all rights not expressly granted herein in the Service and the Company.com Content (as defined below). Unless Company.com has agreed otherwise with respect to a Corporate Network, Company.com may terminate this license at any time for any reason or no reason.
Use of the Social.Company.com Network Platform
Company.com grants you permission to use the Social.Company.com platform as set forth in this Agreement, provided that: (i) you will not copy, distribute, or disclose any part of the Service in any medium; (ii) you will not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purpose; and (iii) you will otherwise comply with the terms and conditions of this Agreement.
You will need to register with Social.Company.com and create a “Member” account. Your account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion.
By using the Social.Company.com Service, Members expressly agree to the following:
- You are 18 years old or older.
- Your member account will be accessed through a member ID and password that you will create (your “ID”).
- When creating your account, you must provide accurate and complete information.
- Your ID is unique to you and cannot be shared with any other Member or person. You shall not share your ID or any other login credentials with any other person or publicly disclose it.
- You are solely responsible for the activity that occurs on your account, and you must keep your ID secure. You must notify Company.com immediately of any breach of security or unauthorized use of your account by emailing firstname.lastname@example.org.
- Although Company.com will not be liable for your losses caused by unauthorized use of your member account, you shall be liable for the losses incurred by Company.com due to such unauthorized use.
- You shall not use the Social.Company.com website and related services for any illegal or unauthorized purpose.
- You shall not attempt to hack, destabilize or adapt the Social.Company.com website or its source code.
- You shall not use the Social.Company.com website to transmit worms, viruses or any code of a destructive nature.
- You shall not, without our prior express written permission, use any high volume automated means (including robots, spiders and scripts) to access the Social.Company.com website.
- You shall not to collect, harvest or use any personally identifiable information, including member names, from the Social.Company.com website except as specifically provided in this Agreement.
- Any comments, suggestions, or feedback relating to the Social.Company.com website (collectively, “Feedback”) submitted to Company.com shall become the property of Company.com and may be used in future commercial purposes without compensation to the Member or related parties who sent the Feedback to Company.com.
- You shall not use the Social.Company.com website to send spam or commercial or other messages, including e-mails, to any third-party if those messages are not expressly solicited, authorized or welcomed by the third-party, and in your use of the Social.Company.com website you must comply with all applicable laws and regulations, including (a) laws that apply in any jurisdiction to cookies, other tracking technologies, spam and marketing practices, privacy, or security and (b) any applicable marketing association guidelines on ethical marketing practices.
Messages and Communications
By providing Company.com your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail.
You may use your Notifications Settings to opt out of many Service-related communications. We may also use your email address to send you other messages, including changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out by changing the preferences in your Account Settings.
Company.com reserves the right to offer alternative and/or additional Services to certain administrative Members, including administrators of Corporate Networks, that may not be offered to general Members. You acknowledge that Company.com may charge a fee for the use of any Services, provided that Company.com notifies you of any such fee before you incur it. Subject to the foregoing, you agree to pay any fees incurred by you. In the event that you have elected to receive additional services for a fee, and you fail to pay such fee within thirty (30) days, then in addition to all other remedies available to Company.com, Company.com may in its sole discretion immediately cease providing all such additional services.
Unauthorized Network Members
If you learn that a Member is not authorized to be a Member of a Network or is otherwise violating this Agreement, we encourage you to visit such Member’s Member profile page copy the url link and email to email@example.com with a description of the unauthorized activity. We may, in our sole discretion, determine whether and how to investigate or take action in respect of any such report. You agree you will not, without the prior written consent of Company.com, accuse any Member of being unauthorized or of violating this Agreement .
Some areas of the Service allow Members to post feedback, comments, questions, data, and other information (“Member Content”). You are solely responsible for your Member Content that you upload, publish, display, link to or otherwise make available (hereinafter, “post”) within any network on the Social.Company.com platform, and you agree that we are only acting as a passive conduit for your online distribution and publication of your Member Content and we have no responsibility in connection therewith.
If a Network has a Network Administrator, all such Member Content is the property of the Corporate Network to which the Member belongs (including all Member Content posted to a specific Group or Groups within a Network and all Member Content created prior to the existence of the Network Administrator).
In the event you are no longer an eligible Member of a Network (e.g., you cease to be employed by the relevant company), your access to all Member Content, including that which you personally provided or input, may be terminated, regardless of whether the Network has a Network Administrator. Notwithstanding that a Member is removed from a Network, the content of that Member shall remain on the Network and shall remain the sole property of the Corporate Network.
Except for Networks in which Company.com or one of its subsidiaries is acting as the Network Administrator, Company.com does not have, nor does it claim, any ownership rights in any Member Content.
You agree not to post Member Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person; (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute or contribute to a crime or tort; (iv) contains any information or content that is unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable; (v) contains any information or content that is illegal; (vi) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (vii) contains any information or content that you know is not correct and current. You agree that any Member Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below), rights of publicity and privacy.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, publicity rights, trademark, trade and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
Company.com takes no responsibility and assumes no liability for any Member Content that you or any other Members or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any Member Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. Company.com is not responsible for any public display or misuse of your Member Content. You understand and acknowledge that you may be exposed to Member Content that is inaccurate, offensive, indecent, or objectionable, and you agree that Company.com shall have no liability to you or any other person relating thereto.
You are solely responsible for your interactions with other Company.com Members. We reserve the right, but have no obligation, to monitor disputes between you and other Members.
Each Network may have one or more individuals who are responsible for overseeing Members’ use of, and monitoring the content posted to, such Network (the “Network Administrator”); provided, that Members must at all times also comply with this Agreement. Networks may exist on the Service absent a Network Administrator; in such case, Members must at all times comply with this Agreement.
From time to time, Members may be asked to confirm their account on the Network via an email message containing a hyperlink to the Member’s Network email address. If such account is not reconfirmed, the account may be removed. In the event a Member is removed from a Network, the content of that Member shall remain on the Network and shall remain the sole property of the Corporate Network.
Members of a Corporate Network should follow that network’s policies, guidelines, and procedures concerning any Content posted to the Service. Members may delete their own Member Content from the Network at any time they remain an active Member of that Network. Network Administrators may delete the Member Content of one or more Members in their Network without notice to the affected Member(s).
Members may form groups to segment the audience for certain Member Content (“Group”). Each Group may have one or more managers (the “Group Manager”). A Group may be designated as open to any Member in a Network (a “Public Group”) or a Group may be limited to certain Members in a Network with membership subject to the approval of the Group Manager (a “Private Group”). A Group Manager may add or remove Members to that particular Group. Though Members may establish a Private Group, Member Content posted within a Private Group on a Network is owned by that Network.
Company.com Proprietary Rights
Except for Member Content, the Service and its materials, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (the “Company.com Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Company.com and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Company.com Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to supplement, modify or improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, without restriction, does not include any proprietary or confidential information, and will not place Company.com under any fiduciary or other obligation. You agree that we are free to disclose the Ideas on a non-confidential basis to anyone or otherwise use (as a non-exclusive licensee) the Ideas without compensation or reimbursement of any sort to you. You acknowledge that, by receipt of your submission, Company.com does not waive or in any way diminish its right to use similar or related ideas previously known to Company.com, or developed by its employees, or obtained from sources other than you.
This Service is intended solely for Members who are eighteen (18) years of age or older, and any registration, use or access to the Service by anyone under 18 is unauthorized, unlicensed, and in violation of this Agreement. Company.com may terminate your account, delete any content or information that you have posted on the Service, and/or prohibit you from using or accessing the Service (or any portion, aspect or feature of the Service) for any reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 18. If you are under 18 years of age you may use the Service only if you either are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information or Member Content from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or obtain or use your personal information and Member Content, including for improper purposes. You acknowledge that you provide your personal information at your own risk.
Third-Party Websites, Advertisers, Services or Apps
Company.com may contain links or referrals to third-party websites, advertisers, services or apps that are not owned or controlled by Company.com. Company.com generally does not review content provided by our Members or third-parties or encountered via links to third-parties.
Any user registering a business or commercial enterprise with Business Directory Service, represents and warrants to Company.com the accuracy of the information provided in the registration form. The user agrees its profile contained within the Business Directory will not contain a material misstatement or materially inaccurate or misleading information. Any content provided by the user within the Business Directory Service is its sole responsibility and Company.com shall have no responsibility for or in connection with such content.
The Business Directory Service may allow or provide for feedback, ratings and/or referrals from customers or other constituencies with respect to a registered business or commercial enterprise. Company.com will generally not review any such feedback, ratings or referrals and shall have no liability or obligation whatever in connection therewith. A user registering a business or commercial enterprise with Business Directory Service assumes the risk associated with such any feedback, ratings or referrals.
You agree to defend, indemnify and hold harmless Company.com and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or work transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation, your breach of any representation, warranty, covenant, undertaking or agreement herein; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your Member Content or any that are submitted via your account; or (vi) any other party’s access and use of the Service with your unique member name, password or other appropriate security code.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, COMPANY.COM, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT WARRANT: THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. IF YOU ARE DISSATISFIED OR HARMED WITH COMPANY.COM OR THE SERVICE OR ANYTHING RELATED THERETO, YOU MAY CLOSE YOUR ACCOUNT AND TERMINATE THIS AGREEMENT AND SUCH CLOSURE AND TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
COMPANY.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE COMPANY.COM SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY.COM WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY.COM, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL COMPANY.COM BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY.COM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) MEMBER CONTENT OR DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL COMPANY.COM, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN ANY AMOUNT WHATSOEVER TO A USER OF FREE SERVICES HEREUNDER OR IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO COMPANY.COM HEREUNDER AS A USER OF PAID SERVICES.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN GEORGIA (OR IN ANY OTHER APPLICABLE JURISDICTION).
The Service is controlled and operated from its facilities in the United States. Company.com makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the U.S.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company.com without restriction.
Governing Law. You agree that: (i) the Service shall be deemed solely based in the United States; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Company.com, either specific or general, in jurisdictions other than the State of Georgia. This Agreement shall be governed by the internal substantive laws of the State of Georgia, without respect to its conflict of laws principles. Any claim or dispute between you and Company.com that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Atlanta, Georgia.
Entire Agreement/Severability. This Agreement, together with any other legal notices and agreements published by Company.com via the Service and on its website and sub-domains, shall constitute the entire agreement between you and Company.com concerning the Service (subject to any Corporate Network Services Agreement described below).
Corporate Network Services Agreement. A separate contract or agreement may be executed by Company.com in connection with a Corporate Network (a “Corporate Network Services Agreement”). Such a Corporate Network Services Agreement may contain a provision addressing whether it or whether this Agreement, shall be the controlling agreement as to any provision that may conflict or contradict as between the two agreements (a “conflicts provision”). In the event a Corporate Network Services Agreement does not contain a “conflicts provision” then this Agreement shall be deemed the controlling agreement as to any provision(s) that conflict or contradict.
Invalidity. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
Amendment or Modification. This Agreement may be amended or modified only in writing, including through a later dated notification or publication by Company.com on its website regarding this Agreement.
Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Company.com’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Please Contact us at support@Company.com with any questions regarding this Agreement.