Terms of Use

General

Optimize Social Media/Optimize Digital Marketing (doing business as and referred to here as "OSM or ODM"), Owns and operates the following web sites: www.optimizesocialmedia.net, www.whyoptimize.com, www.optimize-digitalmarketing.com, www.optimize-digitalmarketing.net (together the "Site" or the "Service"). The Site offers a place for forums for communication. By accessing or using the Site as either a "Visitor" (which means that you simply browse the Site) or as a "Member" (which means that you have registered with OSM/ODM) or by "Posting" (which means that you use the Community section of the Site) you (the "User") indicate that you have read, understand and agree to be bound by the Terms of Use and agree to abide by all applicable laws ("Agreement"). OSM/ODM reserves the right, at its sole discretion, to change, modify, add, or delete portions of the Terms of Use at any time without further notice. If OSM/ODM does as such, it shall post the changes to the Terms of Use page and will indicate at the top of the page the date in which these Terms of Use were last updated. User's continued use of the Site after any such updates to the Terms of Use are made signifies User's acceptance of the updated Terms of Use. It is the responsibility of the User to regularly check the Site to determine if there have been changes to the Terms of Use and to review any such changes.

PLEASE READ THE TERMS OF USE CAREFULLY AND THROUGHLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE CERTAIN LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Eligibility

This Site is intended solely for Users who are thirteen (13) years of age and older. Any registration to the Site by anyone under 13 is unauthorized and in violation of these Terms of Use. By using this Service or Site, you represent and warrant that you are 13 or older, that all information you submit is truthful and accurate, that your use of the Site does not violate any applicable law or regulation and that you agree to and to abide by all of the terms and conditions of this Agreement.

Member Information and Security

In consideration of User's use of the Site, User agrees to (a) provide accurate, current and complete information about you as requested by any registration process/forms ("User Information"); (b) maintain and update User Information in a timely manner; (c) maintain the security of your password and identification; and (d) be fully responsible for all use of User's account and for any actions that take place using User's account. User is entirely responsible for maintaining the confidentiality of User's password.

Term

This Agreement will remain in full force and effect while User uses the Site. Customer is responsible for payment for the full term of the agreement under the terms of service page. Cancelations of this service after the term of the agreement still requires a 30 day notice prior to the date of actual cancelation. ODM also may terminate this Agreement at any time for any reason whatsoever and may do so immediately with or without notice, and without liability and accordingly deny User access to the Web Site, if in ODM's sole discretion User fails to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either User or ODM, User must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of use or otherwise. Even after termination by either the User or ODM this Agreement will remain in full force and effect.

Proprietary Rights in Site Content

All content on the Site including all images, text, photographs, video, statistics, information, applications, articles, icons, illustrations, designs, logos and other material that are part of this Site (collectively, the "Content") are the proprietary property of ODM or its licensors with all rights reserved. Site Content cannot be modified, reproduced, copied, posted, transmitted, downloaded, republished or sold in any form or by any means, in whole or in part, without the prior written permission of ODM. The foregoing does not include any Content posted legally to the Site by the User.

Copyrights and Trademarks

Unless otherwise noted, all Content has copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by ODM, on of its affiliates or by third parties or Sponsors who have licensed their materials to ODM and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content on the Site is the exclusive property of ODM and is also protected by U.S. and international copyright laws.

Copyright and Trademark Objection

ODM respects the intellectual property rights of others and bar Site Users from posting Content that would violate any third parties Copyright or trademark rights. Upon receipt of any Copyright or Trademark infringement notification, ODM will immediately remove or block access to the allegedly infringed material. If a User has repeated infringement complaints against them, ODM, in its sole discretion, may terminate that User's account.

Third Party Goods and Services

Our Site may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on our Site.

User Content Posted and Responsibilities

User understands that the Community section of the Site is available for User's personal, non-commercial use only. This Site may also include bulletin boards and chat rooms, which allow feedback to ODM and real-time interaction between users, and other features such as personalized home pages and threaded discussion areas, which allow users to communicate with others. ODM does not control the messages, information or files that others may provide through the Site. User agrees and warrants that any Content posted by User will not violate any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights. Further User agrees and warrants that User will not post Content that contains libelous, defamatory or otherwise unlawful material.

User is exclusively and solely responsible for User's profile (meaning User's name, image and likeness), photos, messages, music, video, text and any other Content that User upload, displays or publishes (hereinafter "posts") on the Site. User is barred from posting unpermitted material or Content not created by the User. ODM may at any time delete or remove, with or without notice, any Content posted by User, in its sole discretion, for any reason whatsoever, including Content that ODM deems to violate this Agreement. User is solely and exclusively responsible for any and all cost and/or expense for creating backup copies for User's Contented posted to the Site.

When User posts to any part of the Site User represents and warrants that User has the right to grant to ODM irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. User may remove Content at any time for any reason whatsoever.

In addition User agrees not to use the Site to:

1. Post Content that is patently offensive or is objectionable, deemed in the sole judgment by ODM or which restricts any other users's use of the Site or which may expose ODM or its users to any liability of any kind whatsoever;
2. Solicit information from anyone who is under the age of eighteen (18)
3. Post Content that contains nudity or excessive violence;
4. Promote any unlawful act or violate the privacy rights, publicity rights, copyrights or trademark rights of a third party;
5. Post Content or otherwise make available information that is in any way threatening, criminal, defamatory, infringing, hateful, racist, obscene or fraudulent;
6. Gain access to another User's account or create a false identity;
7. Intimidate or harass another;
8. Transmit any sort of "junk mail," "chain letter," or unsolicited emails, instant messages or "spam;"
9. Post any sort of advertising or commercial activity and/or sales including but not limited to pyramid schemes, sweepstakes or contests;
10. Promote criminal activity and behavior or provide any type of information on how to commit crimes including but not limited to violating someone's privacy, spreading viruses or making or buying illegal weapons;
11. Publicly post private information that would create a security risk for any person including names, address, email address, Social Security numbers, credit card numbers and phone numbers;
12. Solicit passwords or personally identifying information for commercial or unlawful purposed;
13. Impersonate another person or misrepresent oneself;
14. Upload any programs containing software viruses or any other computer code, files or programs designed to destroy, disrupt or limit the functionality the Site;
15. Use the Service to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
16. Use the Service to post or transmit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
17. Use the Service to post or transmit any information, software or other material, which contains a virus or other harmful component.
18. Use the Service to post, transmit or in any way exploit any information, software or other material for commercial purposes, or which contains advertising

User understands that ODM has no obligation to monitor any bulletin boards, chat rooms or other areas of the Site through which users can supply information or material. However, ODM reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in ODM's sole discretion are objectionable or in violation of these terms and conditions.

Use of Site

This Site and all its Contents are intended solely for personal, noncommercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of ODM or its suppliers and protected by U.S. and international copyright laws. The content and software on this Site may be used only as a browsing resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this Site is strictly prohibited. OSM, ODM are all trademarks of Optimize Social Media/Optimize Digital Marketing.

User comments, feedback, postcards and other submissions

All comments, feedback, postcards, suggestions, ideas and other submissions disclosed, submitted or offered to ODM on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain ODM's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to ODM of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, ODM will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. ODM is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to User any compensation for any Comments; or (3) to respond to any user Comments. User agrees that no Comments submitted by User to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). User further agrees that no Comments submitted by User to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. User is and shall remain solely responsible for the content of any Comments User makes. ODM welcomes User comments regarding the ODM Site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") submitted by you shall be and remain the exclusive property of ODM. Your submission of any such Comments shall constitute an assignment to ODM of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. ODM will be entitled to use, reproduce, disclose, publish and distribute any material User submits for any purpose whatsoever, without restriction and without compensating User in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

Indemnification

User agrees to defend, indemnify and hold ODM harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.

Governing Law, Venue and Jurisdiction

By User browsing or using the Site, User agrees that the laws of the State of Minnesota will govern these Terms of Use and any dispute that arises between User and ODM and/or its affiliates. In regards to any dispute or claim User agrees not to commence any action in connection herewith other than in the state and federal courts of Minnesota, and User hereby consents to, and waives all defenses of lack of personal jurisdiction with respect to venue and jurisdiction in the state and federal courts of Minnesota.

Disclaimer

THIS SITE IS PROVIDED BY ODM ON AN "AS IS" BASIS. ODM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ODM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ODM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. WITHOUT LIMITING THE FOREGOING, ODM DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM.

Limitation of Liability

UNDER NO CIRCUMSTANCES, SHALL ODM OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, SPONSORS VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE ODM WEB SITE.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ODM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE DISSATISFIED WITH THIS WEB SITE OR ANY CONTENT ON THE SITE, OR WITH THE ODM TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ODM WEB SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE ODM WEB SITE, THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF ODM UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

Copyright © 2012 Optimize Social Media/ Optimize Digital Marketing
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