Win a Samsung Note 9 with DoingSocialMedia

DoingSocialMedia

Welcome, and thank you for your interest in DoingSocialMedia and our website at doingsocialmedia.com, along with our related websites, networks, applications, mobile applications, and other services provided by us (collectively, the "Service”). These Terms of Service are a legally binding contract between you and DoingSocialMedia regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY

BY CLICKING "I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING DOINGSOCIALMEDIA’S PRIVACY POLICY AND ANY ADDITIONAL TERMS AND POLICIES DOINGSOCIALMEDIA MAY PROVIDE FROM TIME TO TIME (TOGETHER, THESE "TERMS"). If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Service. YOUR USE OF THE SERVICE, AND DOINGSOCIALMEDIA’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY DOINGSOCIALMEDIA AND BY YOU TO BE BOUND BY THESE TERMS.

Please read the DoingSocialMedia Privacy Policy (https://doingsocialmedia.com/privacy) carefully for information relating to our collection, use, storage, disclosure of your personal information. The DoingSocialMedia Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

ARBITRATION NOTICE

Except for certain kinds of disputes described in Section 16, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND DOINGSOCIALMEDIA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 16).

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1. DoingSocialMedia Service Overview

The Service provides a social media management tool that enables users to release posts on social platforms at a scheduled time, in addition to other design and analytics tools to help bolster users’ social media content.

2. Eligibility

You must be at least [18] years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least [18] years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and references to you herein (and all of your obligations hereunder) will refer to such entity and any individual using the Service on such entity’s behalf.

3. Accounts and Registration

To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at [email protected].

4. General Payment Terms

4.1 Price

DoingSocialMedia reserves the right to determine pricing for the Service. DoingSocialMedia will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. DoingSocialMedia may change the fees for any feature of the Service, including additional fees or charges, if DoingSocialMedia gives you advance notice of changes before they apply. DoingSocialMedia, at its sole discretion, may make promotional offers with different features and different pricing to any of DoingSocialMedia’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.

4.2 Authorization

You authorize DoingSocialMedia to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by DoingSocialMedia, to the payment method specified in your account. If you pay any fees with a credit card, DoingSocialMedia may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

4.3 Subscription Service and Cancellation Policy

The Service may include automatically recurring payments for periodic charges ("Subscription Service”). If you activate a Subscription Service, you authorize DoingSocialMedia to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The "Subscription Billing Date” is the date when you purchase your first subscription to the Service. For information on the "Subscription Fee”, please see our Pricing area. Your account will be charged automatically on the Subscription Billing Date all applicable fees for the next subscription period. You will receive a notification email before the next re-bill. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. We will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Subscription Service by accessing your account settings.

4.4 Refund Policy

Given the nature of digital items, subscription to our plans are for fixed terms, and the associated fees payable are non-refundable. Therefore, if user cancels the subscription and claims a refund, we can take it into consideration and refund the current monthly payment if there are major problems in the service provided.

4.5 Trial Promotions

Your DoingSocialMedia membership may start with a trial period. The trial period of your membership lasts for 3 days or as specified during the registration process. Your trial period will begin when you click on the submit button during the registration process. Simply cancel anytime during your trial period and you will not be charged. To cancel, click on "Cancel Membership" of the homepage and follow the simple cancellation instructions or just sent us an email. If you do not cancel the service before your trial period expires, your membership will automatically continue at the monthly subscription rate. .

4.6 Delinquent Accounts

DoingSocialMedia may suspend or terminate access to the Service for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.

5. Licenses

5.1 Permission to Use

Subject to your complete and ongoing compliance with these Terms, DoingSocialMedia grants you limited, non-transferable, non-sublicensable, revocable permission to access and use the Service for your personal, internal use during the Term at the level of service for which you have paid all applicable Fees.

5.2 Restrictions

Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it. You may not use the Service on behalf of any third party, or in a service bureau or similar capacity.

6. Ownership; Proprietary Rights

The Service is owned and operated by DoingSocialMedia. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, templates, and all other elements of the Service ("Materials”) provided by DoingSocialMedia are protected by intellectual property and other laws. All Materials included in the Service are the property of DoingSocialMedia or its third party licensors. Except as expressly authorized by DoingSocialMedia, you may not make use of the Materials. DoingSocialMedia reserves all rights to the Materials not granted expressly in these Terms.

7. Third Party Terms

7.1 Third Party Services and Linked Websites

DoingSocialMedia provides tools through the Service that enable you to import and export information, including User Content, to and from third party services, including through features that allow you to link your account on DoingSocialMedia with an account on a third party social network service, such as Twitter or Facebook. By using one of these tools, you agree that DoingSocialMedia may transfer that information to and from the applicable third party service. Third party services are not under DoingSocialMedia’s control, and DoingSocialMedia is not responsible for any third party service’s use of your exported information. The Service may also contain links to third party websites. Linked websites are not under DoingSocialMedia’s control, and DoingSocialMedia is not responsible for their content.

7.2 Third Party Software

The Service may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components ("Third Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third party licenses or to limit your use of Third Party Components under those third party licenses.

8. User Content

8.1 User Content Generally

Certain features of the Service may permit users to upload content to the Service, including social media posts and other content which may be comprised of messages, reviews, photos, video, images, data, text, and other types of works ("User Content”) and to publish User Content on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service. Nevertheless, we need certain permission from you in order to provide the Service.

8.2 Limited License Grant to DoingSocialMedia

By providing User Content to or via the Service, you grant DoingSocialMedia a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.

8.3 Limited License Grant to Other Users

By providing User Content to or via the Service to other users of the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.

8.4 User Content Representations and Warranties

DoingSocialMedia disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that:

a) you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize DoingSocialMedia and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by DoingSocialMedia, the Service, and these Terms;

b) your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause DoingSocialMedia to violate any law or regulation; and

c) your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

d) your User Content does not and will not contain Hateful Content, a Threat of Physical Harm, or Harassment

The following serves as a guide to help illustrate generally the types of content that fall within the scope of DoingSocialMedia’s policy on Hateful Content, Threats of Physical Harm, and Harassment, but is not exhaustive. This Section 8.4(d) does not limit any of our other rights or remedies provided herein. For the avoidance of doubt, your User Content may not include, and DoingSocialMedia may remove or refuse to publish or promote any User Content that violates the terms or policies of any third party platform with which DoingSocialMedia’s Services integrate or interoperate.

Hateful Content includes:

• Any statement, image, photograph, or other content that in our sole judgment could be reasonably perceived to harm, threaten, demean, promote the harassment of, promote the intimidation of, or promote the abuse of others for any reason, including by reason of race, gender or gender identity, national origin, sexual orientation, religion, or otherwise.

A Threat of Physical Harm includes:

• Any statement, photograph, advertisement, or other content that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others, including references to current or historical figures or groups that are known for purporting such content, such as the Ku Klux Klan, Nazi Party, and the like.

Harassment includes:

• Revealing someone’s personal information, also known as "doxxing”.
• Online stalking, and bullying.
• Wishes for physical harm directed at a person or persons.
• Incitement of others to any of the previous items.

We reserve the right to suspend or terminate accounts and remove individual posts which contain Hateful Content, a Threat of Physical Harm, or Harassment.

We also may suspend or terminate your account if we determine, in our sole discretion, that you are either:

• An organization which has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor Hateful Content, Harassment, or A Threat of Physical Harm.
• A person or organization that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent Hateful Content, Harassment, or A Threat of Physical Harm.

Notwithstanding the foregoing, we reserve the right to screen, remove, edit, or block any User Content we find in violation of the Terms or that we find, in our sole discretion to be otherwise objectionable, at our sole discretion.

8.5 User Content Disclaimer

We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. DoingSocialMedia may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against DoingSocialMedia with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, DoingSocialMedia does not permit copyright-infringing activities on the Service.

8.6 Monitoring Content

DoingSocialMedia does not control and does not have any obligation to monitor: (a) User Content; (ii) any content made available by third parties; or (iii) the use of the Service by its users. You acknowledge and agree that DoingSocialMedia reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time DoingSocialMedia chooses to monitor the content, DoingSocialMedia still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.

9. Prohibited Conduct

BY USING THE SERVICE YOU AGREE NOT TO:

• use the Service for any illegal purpose or in violation of any local, state, national, or international law;
• violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
• interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law; or (iii) hacking, password "mining” or using any other illegitimate means of interference;
• modify or create derivatives of any part of the Service;
• interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
• perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
• take action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service of DoingSocialMedia’s systems or networks, or any systems or networks connected to the Service or DoingSocialMedia;
• sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 6) or any right or ability to view, access, or use any Materials; or
• attempt to do any of the acts described in this Section 9 or assist or permit any person in engaging in any of the acts described in this Section 9.

10. Modification of these Terms

We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. Modifications will become effective upon the earlier of (a) your acceptance of the modified Terms, (b) your use of the Service with actual knowledge of the modified Terms, or (c) thirty (30) days following our publication of the modified Terms through the Service. Except as expressly permitted in this Section 10, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

11. Term, Termination and Modification of the Service

11.1 Term

These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 12.2.

11.2 Termination

If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, DoingSocialMedia may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time as provided in Section 4.3 or by contacting customer service at [email protected].

11.3 Effect of Termination

Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay DoingSocialMedia any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 5.3, 6, 12.3, 13, 14, 15, 16 and 17 will survive.

11.4 Modification of the Service

DoingSocialMedia reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. DoingSocialMedia will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service. Premium service fees are not refundable.

12. Indemnity

You are responsible for your use of the Service, and you will defend and indemnify DoingSocialMedia and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the "DoingSocialMedia Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

13. Disclaimers; No Warranties

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS” AND ON AN "AS AVAILABLE” BASIS. DOINGSOCIALMEDIA DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. DOINGSOCIALMEDIA DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DOINGSOCIALMEDIA DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR DOINGSOCIALMEDIA ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE DOINGSOCIALMEDIA ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.

HOWEVER, DOINGSOCIALMEDIA DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT DOINGSOCIALMEDIA IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE DOINGSOCIALMEDIA ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY DoingSocialMedia ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

EXCEPT AS PROVIDED IN SECTION 16.4(iii) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE DOINGSOCIALMEDIA ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO DOINGSOCIALMEDIA FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $100.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 15 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

15. Dispute Resolution and Arbitration

15.1 Generally

In the interest of resolving disputes between you and DoingSocialMedia in the most expedient and cost effective manner, and except as described in Section 16.2, you and DoingSocialMedia agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND DOINGSOCIALMEDIA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

15.2 Exceptions

Despite the provisions of Section 16.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

15.3 Arbitrator

Any arbitration between you and DoingSocialMedia will be settled under the the laws of the Republic of Cyprus and any disputes will be decided only by the Cyprus courts. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

16. General Terms

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and DoingSocialMedia regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word "including” means "including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

16.1 Governing Law

These Terms are governed by the laws of the Republic of Cyprus without regard to conflict of law principles. You and DoingSocialMedia submit to the personal and exclusive jurisdiction of the Republic of Cyprus for resolution of any lawsuit or court proceeding permitted under these Terms.

16.2 Consent to Electronic Communications

By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

16.3 Contact Information

The Service is offered by Digital Igniters Ltd. located at Kennedy, 89, 1077, Nicosia, Cyprus. You may contact us by emailing us at [email protected]

16.4 International Use

Access to the Service from countries or territories or by individuals where such access is illegal is prohibited

DoingSocialMedia Sweepstakes

General Terms and Conditions

Last updated: 1st January 2019

1. GENERAL RULES

These DoingSocialMedia Sweepstakes General Terms and Conditions (“Official Rules”) are a document that applies to all sweepstakes available on this website unless otherwise stated in any of legal documents on https://www.doingsocialmedia.com.

The promoter of the Sweepstakes is Digital Igniters Ltd, having its registered address at Kennedy 89, 1077 Nicosia, Cyprus, company business number HE 387563 (“Sponsor”).

NO PURCHASE IS NECESSARY TO ENTER OR WIN. ANY PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.

2. ELIGIBILITY

This DoingSocialMedia Sweepstakes (“Sweepstakes”) available on this website http://burningdeals.net (“Website”) are open only to all natural persons who signed up on the particular Sweepstakes page on the Website and who are at least 18 (or other legal age as per participant’s domicile laws) as of the date of entry. The Sweepstakes are only open to legal residents of the following countries only: Antigua and Barbuda, Aruba, Australia, Austria, Bahrain, Barbados, Belgium, Belize, Bermuda, Brazil, Bulgaria, Canada, Cayman Islands, China, Colombia, Costa Rica, Croatia, Czech Republic, Denmark, Dominican Republic, Finland, France, Germany, Gibraltar, Greece, Grenada, Hong Kong, Hungary, Iceland, India, Indonesia, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Korea, Republic of Kuwait, Liechtenstein, Luxembourg, Macao, Maldives, Malta, Mexico, Monaco, Netherlands, New Zealand, Nicaragua, Norway, Oman, Panama, Peru, Philippines, Poland, Portugal, Qatar, Romania, Russian Federation, Saint Kitts and Nevis, Saint Lucia, Saudi Arabia, Singapore, South Africa, Sweden, Switzerland, Taiwan, Thailand, Trinidad and Tobago, Turkey, Turks and Caicos Islands, United Arab Emirates and the United Kingdom. Employees of Digital Igniters Ltd, their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers and their immediate family members and/or those living in the same household of each are not eligible to participate in the Sweepstakes. The Sweepstakes are subject to all applicable international and local laws and regulations. Sweepstakes are void where prohibited by law. Proof of residency and age may be required prior to award of any prize.

"Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live.

"Household members" shall mean people who share the same residence at least three months a year, whether related or not. In order to enter the Sweepstakes or receive the prize, you (also as “Contestant”) must fully comply with the Official Rules and, by entering, you represent and warrant that you agree to be bound by these Official Rules and the decisions of the Sponsor, whose decisions shall be binding and final in all respects relating to this Sweepstakes.

3. AGREEMENT TO RULES

By participating, you agree to be fully and unconditionally bound by these Official Rules, and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of Sponsor, which are final and binding in all matters related to the Sweepstakes. The Sweepstakes are subject to all applicable federal, state and local laws. Entries may be void due to legal constraints as determined by Sponsor in its sole discretion (e.g. Sweepstakes are ineligible to be offered in a given jurisdiction, or prize cannot be shipped to a given address or jurisdiction). Winning a prize is contingent upon fulfilling all requirements set forth herein and at Sponsor’s sole discretion as to meeting eligibility criteria.

4. SWEEPSTAKES PERIOD AND PARTICIPANTS

Entries will be accepted online starting on or about 01-01-2019 and ending 31-03-2019. All online entries must be received by 31-03-2019 23:59 GMT. Sponsor’s computer is the official time-keeping device for the Sweepstakes. Each sweepstake requires a minimum number of 9000 participants.

5. HOW TO PARTICIPATE IN SWEEPSTAKES

The Sweepstakes must be entered by submitting an entry using the online form provided on this Sweepstakes Website. The entry must fulfil all Sweepstakes requirements, as may be additionally specified, to be eligible to win a prize. Entries that are not complete or do not adhere to the Official Rules or specifications of the particular Sweepstakes may be disqualified at the sole discretion of Sponsor. You may enter only once (or several times if applicable) and you must fill in the information requested. You may not enter more times than indicated by using multiple email addresses, identities or devices in an attempt to circumvent these Official Rules or additional specifications. If you use fraudulent methods or otherwise attempt to circumvent the Official Rules your submission may be removed from eligibility at the sole discretion of Sponsor. Mechanically altered or reproduced entries are not eligible and will be deemed void and disqualified.

Provided that the entry criteria are met, you will be automatically entered into the Sweepstakes for the applicable day in the entry period. The entry criteria must all be fulfilled correctly and accurately. Entries received after the entry period for such day will not be included in the Sweepstakes for such day but will instead be included in the Sweepstakes for the subsequent day, if applicable.

Entries you post may be open to public commentary, which participant acknowledges is not under the Sponsor’s direct control. Sponsor shall not be responsible for any public commentary made in connection with an entry.

You may be asked to provide the Sponsor with proof that the selected winner is the authorized account holder of the Website account associated with the winning entry. Entries will be deemed to have been submitted by the authorized account holder of the email address submitted at the time of the entry.

6. PRIZES

Winners will receive specific prizes for winning the Sweepstakes (subject to specification of concrete Sweepstakes available on the Website). Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by the Sponsor. No cash or other prize substitution permitted except at Sponsor's discretion. The prize is non-transferable. Any and all prize related expenses, including without limitation any and all federal, state, and/or local taxes shall be the sole responsibility of the winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by winners is permitted. Acceptance of prize constitutes permission for Sponsor to use winner's name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.

7. ODDS

The odds of winning depend on the number of eligible entries received.

WARNING: ANY ATTEMPT BY ANY PERSON TO, WHETHER OR NOT A PARTICIPANT TO SWEEPSTAKES, TO DELIBERATELY DAMAGE, DESTROY, TEMPER, WITH OR VANDALIZE ANY SPONSOR-OWNER WEBSITE OR MOBILE APPLICATION ORE RELATED WEBSITES/APPLICATIONS, THE ENTRY PROCESS, OR OTHERWISE INTERFERE WITH OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES, MAY BE A VIOLATION OF CIVIL OR CRIMINAL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS' FEES) AND DILIGENTLY PURSUE ALL REMEDIES AGAINST AN SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

8. WINNER SELECTION AND NOTIFICATION

Winners of the Sweepstakes will be selected in a random online drawing under the supervision of the Sponsor. Winners will be notified via email to the email address they entered the Sweepstakes with within five (5) days following the winner selection. Sponsor shall have no liability for a winner's failure to receive notices due to winners' spam, junk e-mail or other security settings or for winners' provision of incorrect or otherwise non-functioning contact information. If the selected winner cannot be contacted, is ineligible, fails to claim the prize within fifteen (15) days from the time award notification was sent, or fails to timely return a completed and executed declaration and releases as required, prize may be forfeited and an alternate winner selected.

The receipt by winner of the prize offered in this Sweepstakes is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR'S SOLE DISCRETION) WILL RESULT IN SUCH WINNER'S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.

Unsuccessful entrants will not be contacted by the Sponsor. A potential winner may be required, in Sponsor's discretion, to complete and return an Affidavit of Eligibility, Release of Liability and Publicity Release (where permitted by law) (collectively, the "Affidavit") by the date or within the time frame specified by Sponsor or an alternate winner may be selected. If potential winner is under the age of majority in its state of legal residence, the Affidavit must be executed on its behalf by its parent or legal guardian. In addition to the foregoing, in the event: (a) a potential winner cannot be reached for whatever reason after a reasonable effort has been exerted based on the information provided by potential winner in its entry form or winner notification or Affidavit is returned as undeliverable; (b) a potential winner declines or cannot accept, receive or use the prize for any reason; (c) of noncompliance with the above or within any of the aforesaid time periods, (d) a potential winner is found to be ineligible to enter the Sweepstakes or receive the prize, (e) a potential winner cannot or does not comply with the Official Rules, or (f) a potential winner fails to fulfill the Affidavit-related obligations, the potential winner shall be disqualified from the Sweepstakes and an alternate potential winner may be selected, at Sponsor's sole discretion, from among the other eligible entries received.

9. RIGHTS GRANTED BY YOU

By entering this content you understand that the Sponsor, anyone acting on behalf of the Sponsor, or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the World, your entry, including, without limitation, the entry and winner's name, portrait, picture, voice, likeness, image or statements about the Sweepstakes, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation.

10. TERMS

The Sponsor reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes should (in its sole discretion) a virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In such case, Sponsor may select the recipients from all eligible entries received prior to and/or after (if appropriate) the action taken by the Sponsor. The Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Sweepstakes or website or violates these Terms & Conditions.

The Sponsor has the right, in its sole discretion, to maintain the integrity of the Sweepstakes, to void votes for any reason, including, but not limited to; multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Sweepstakes rules; or the use of bots, macros or scripts or other technical means for entering.

Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.

By entering the Sweepstakes you agree to receive email newsletters periodically from the Sponsor. You can opt-out of receiving this communication at any time by clicking the unsubscribe link in the newsletter.

11. LIMITATION OF LIABILITY

By entering you agree to release and hold harmless the Sponsor and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant's participation in the Sweepstakes and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Sweepstakes; (v) electronic or human error which may occur in the administration of the Sweepstakes or the processing of entries.

In no event will the Sponsor be liable to you for any direct, special, incidental, exemplary, punitive or consequential damages (including loss of use, data, business or profits) arising out of or in connection with your participation in the Sweepstakes, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not Sponsor have been advised of the possibility of such loss or damage

12. DISPUTES

THESE SWEEPSTAKES ARE GOVERNED BY THE LAWS OF CYPRUS AND APPLICABLE EU LEGAL RULES, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES (e.g. Directive 98/34/EC, General Data Protection Regulation). As a condition of participating in this Sweepstakes, participant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Cyprus. Further, in any such dispute, under no circumstances will a participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys' fees, other than participant's actual out-of-pocket expenses (i.e. costs associated with entering this Sweepstakes), and participant further waives all rights to have damages multiplied or increased.

13. PRIVACY POLICY AND DATA PROTECTION

Information (including personal data) submitted with an entry is subject to the Privacy Policy stated on the Website, available here [URL].

14. WINNERS LIST

To obtain a copy of the winner's name or a copy of these Official Rules, mail your request online via email to [email protected] Requests must be received no later than [DATE].

15. FORCE MAJEURE

You hereby agree and understand that If the Sponsor is prevented, hindered or delayed in or from conducting the Sweepstakes by a Force Majeure Event, the Sponsor shall not be in breach of its obligations or liable for any such failure to conduct Sweepstakes.

If the Force Majeure Event, prevents, hinders or delays the Sweepstakes the Sponsor shall have the right, but not obligation, to cancel the Sweepstakes without prior notice.

For the purposes of this Official Rules, "Force Majeure" shall mean any event or circumstance or a combination of events and circumstances, whether occurred or likely to occur, which satisfies all or any of the following conditions:

a)Materially and adversely affecting the conduct of the Sweepstakes;

 

b)And are beyond the control of the Sponsor;

c)And includes (without limitation), subject to satisfaction of the above conditions, the following events and/or circumstances:

i.War (whether declared or undeclared), invasion, armed conflict or act of foreign enemy;

Ii. Revolution, riot, insurrection or other civil commotion, act of terrorism or sabotage;

Iii.Change in governmental policy, laws (including, any statute, ordinance, rule, regulation, judgment, notification, order, decree, permission, license or approval);

1. Acts of God or events beyond the reasonable control of the Sponsor which could not reasonably have been expected;

 

1. Any judgment or order of any Court of competent jurisdiction or Government of Cyprus or the State Government or any Local Body or Statutory Authority, made with respect to the conduct of Sweepstakes;
2. Any other reason, which can be construed to be beyond the control of the normal human being.