1. Acceptance
uSocial and uSocial.net (registered in Australia as Darkside Media Pty. Ltd., ACN 139 710 615) welcomes you to our website. uSocial provides its
service to you subject to the following Terms of Service ("TOS"), which
may be updated by us from time to time without notice to you. In
addition, when using particular uSocial owned or operated services, you
and uSocial shall be subject to any posted guidelines or rules
applicable to such services, which may be posted from time to time. All
such guidelines or rules are hereby incorporated by reference into the
TOS. uSocial may also offer other services that are governed by
different Terms of Service.
2. Description of Service
uSocial provides users with access to a varied scope of resources,
including various traffic generation tools, shopping services, personalized
content and branded programming through
its network of properties which may be accessed through any various
medium or device now known or hereafter developed (the "Service"). You
also understand and agree that the Service may include advertisements
and that these advertisements are necessary for uSocial to provide the
Service. You also understand and agree that the Service may include
certain communications from uSocial, such as service announcements and
administrative messages, and that these
communications are considered part of uSocial membership, should you
become a member of uSocial at any time. Unless explicitly stated
otherwise, any new features that augment or enhance the current
Service, including the release of new uSocial properties, shall be
subject to the TOS. You understand and agree that the Service is
provided "AS-IS" and that uSocial assumes no responsibility for the
timeliness, deletion, mis-delivery or failure to store any user
communications or personalization settings. You are responsible for
obtaining access to the Service, and that access may involve
third-party fees (such as Internet service provider or airtime
charges). You are responsible for those fees, including those fees
associated with the display or delivery of advertisements. In addition,
you must provide and are responsible for all equipment necessary to
access the Service. Please be aware that uSocial may create certain
areas on the Service
that contain adult or mature content. You must be at least 18 years of
age to access and view such areas, should they be created at any point.
Contrary to this rule, all users of the Service should be at least 13
years of age.
3. Registration Obligations
In consideration of your use of the Service, you represent that you are
of legal age to form a binding contract and are not a person barred
from receiving services under the laws of the Australian state of Queensland or other
applicable jurisdiction. You also agree to: (a) provide true, accurate,
current and complete information about yourself as prompted by the
Service's registration form (the "Registration Data") and (b) maintain
and promptly update the Registration Data to keep it true, accurate,
current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or uSocial has reasonable
grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, uSocial has the right to suspend or terminate
your account and refuse any and all current or future use of the
Service (or any portion thereof). uSocial is concerned about the safety
and privacy of all its users, particularly children.
4. Privacy Policy
Registration Data and certain other information about you is subject to our Privacy Policy.
You understand that through your use of the Service you consent to the
collection and use (as set forth in the Privacy Policy) of this
information, including the transfer of this information to the United
States and/or other countries for storage, processing and use by uSocial and its affiliates.
5. Membership Accounts
While not necessary to make use of the Service, you may at some point
receive a password and account designation upon completing the
Service's registration process. You are responsible for maintaining the
confidentiality of the password and account and are fully responsible
for all activities that occur under your password or account. You agree
to (a) immediately notify uSocial of any unauthorized use of your
password or account or any other breach of security, and (b) ensure
that you exit from your account at the end of each session. uSocial
cannot and will not be liable for any loss or damage arising from your
failure to comply with this Section 5.
6. Conduct
You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages, tags, or other materials
("Content"), whether publicly posted or privately transmitted, are the
sole responsibility of the person from whom such Content originated.
This means that you, and not uSocial, are entirely responsible for all
Content that you upload, post, email, transmit or otherwise make
available via the Service. uSocial does not control the Content posted
via the Service and, as such, does not guarantee the accuracy,
integrity or quality of such Content. You understand that by using the
Service, you may be exposed to Content that is offensive, indecent or
objectionable. Under no circumstances will uSocial be liable in any way
for any Content, including, but not limited to, any errors or omissions
in any Content, or any loss or damage of any kind incurred as a result
of the use of any Content posted, emailed, transmitted or otherwise
made available via the Service.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a uSocial official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;
h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
l. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
m. "stalk" or otherwise harass another; and/or
n. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
You acknowledge that uSocial may or may not pre-screen Content, but that uSocial and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, uSocial and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by uSocial or submitted to uSocial, including without limitation information in uSocial Message Boards and in all other parts of the Service. You acknowledge, consent and agree that uSocial may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of uSocial, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by uSocial and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
7. International Communication
When you register with uSocial or make use of the Service, you acknowledge that in using uSocial
services to send electronic communications (including but not limited
to email, search queries, sending messages to uSocial Services and
other Internet activities), you will be causing communications to be
sent through uSocial's computer networks, portions of which are located
in the United
States and portions of which are located in other countries. As a
result, and also as a result of uSocial's network architecture and
business practices and the nature of electronic communications, even
communications that seem to be intrastate in nature can result in the
transmission of international communications regardless of where you
are physically located at the time of transmission. Accordingly, by
agreeing to this Terms of Service, you acknowledge that use of the
service results in international data transmissions
8. International Warning
Recognizing the global nature of the Internet, you agree to comply with
all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding
the transmission of technical data exported from the United States or
the country in which you reside.
9. Submitted Content
uSocial does not claim ownership of Content you submit or make
available for inclusion on the Service. However, with respect to
Content you submit or make available for inclusion on publicly
accessible areas of the Service, you grant uSocial the following
worldwide, royalty-free and non-exclusive license(s), as applicable:
- With respect to Content you submit or make available for inclusion on publicly accessible areas of uSocial, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific Content which was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or uSocial removes such Content from the Service.
- With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service,, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or uSocial removes such Content from the Service.
- With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of the uSocial network of properties that are intended by uSocial to be available to the general public. By way of example, publicly accessible areas of the Service would include the uSocial.net website and all areas of such site which members of the general public can access.
10. Contributions and Feedback
By submitting ideas, suggestions, documents, and/or proposals
("Contributions") to uSocial through its suggestion or feedback
webpages or via email, you acknowledge and agree that: (a) your Contributions do not
contain confidential or proprietary information; (b) uSocial is not
under any obligation of confidentiality, express or implied, with
respect to the Contributions; (c) uSocial shall be entitled to use or
disclose (or choose not to use or disclose) such Contributions for any
purpose, in any way, in any media worldwide; (d) uSocial may have
something similar to the Contributions already under consideration or
in development; (e) your Contributions automatically become the
property of uSocial without any obligation of uSocial to you; and (f)
you are not entitled to any compensation or reimbursement of any kind
from uSocial under any circumstances.
11. Indemnity
You agree to indemnify and hold uSocial and its subsidiaries,
affiliates, officers, agents, employees, partners and licensors
harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of Content you
submit, post, transmit or otherwise make available through the Service,
your use of the Service, your connection to the Service, your violation
of the TOS, or your violation of any rights of another.
12. Duplication
You agree not to reproduce, duplicate, copy, sell, trade, resell or
exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the
Service.
13. Use and Storage Practice
You acknowledge that uSocial may establish general practices and limits
concerning use of the Service, including without limitation the maximum
number of days that email messages, message board postings or other
uploaded Content will be retained by the Service, the maximum number of
email messages that may be sent from or received by an account on the
Service, the maximum size of any email message that may be sent from or
received by an account on the Service, the maximum disk space that will
be allotted on uSocial's servers on your behalf, and the maximum number
of times (and the maximum duration for which) you may access the
Service in a given period of time. You agree that uSocial has no
responsibility or liability for the deletion or failure to store any
messages and other communications or other Content maintained or
transmitted by the Service. You acknowledge that uSocial reserves the
right to log off accounts that are inactive for an extended period of
time. You further acknowledge that uSocial reserves the right to modify
these general practices and limits from time to time.
14. Modification and Editing Practice
uSocial reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the Service (or any part
thereof) with or without notice. You agree that uSocial shall not be
liable to you or to any third party for any modification, suspension or
discontinuance of the Service.
15. Termination
You agree that uSocial may, under certain circumstances and without
prior notice, immediately terminate your uSocial account, any
associated email address, and access to the Service. Cause for such
termination shall include, but not be limited to, (a) breaches or
violations of the TOS or other incorporated agreements or guidelines,
(b) requests by law enforcement or other government agencies, (c) a
request by you (self-initiated account deletions), (d) discontinuance
or material modification to the Service (or any part thereof), (e)
unexpected technical or security issues or problems, (f) extended
periods of inactivity, (g) engagement by you in fraudulent or illegal
activities, and/or (h) nonpayment of any fees owed by you in connection
with the Services. Termination of your access to the Service account includes (a)
removal of access to all offerings within the Service, including but
not limited to uSocial paid and free products, services, communication, assistance, and all other access, (b) deletion of your
password and all related information, files and content associated with
or inside your account (or any part thereof), and (c) barring of
further use of the Service. Further, you agree that all terminations
for cause shall be made in uSocial's sole discretion and that uSocial
shall not be liable to you or any third party for any termination of
your account, any associated email address, or access to the Service.
16. Advertising
Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Service, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such
dealings, are solely between you and such advertiser. You agree that
uSocial shall not be responsible or liable for any loss or damage of
any sort incurred as the result of any such dealings or as the result
of the presence of such advertisers on the Service.
17. Links
The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because uSocial has no control over
such sites and resources, you acknowledge and agree that uSocial is not
responsible for the availability of such external sites 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
sites or resources. You further acknowledge and agree that uSocial
shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with
use of or reliance on any such Content, goods or services available on
or through any such site or resource.
18. Proprietary Rights
You acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") contain proprietary
and confidential information that is protected by applicable
intellectual property and other laws. You further acknowledge and agree
that Content contained in sponsor advertisements or information
presented to you through the Service or by advertisers is protected by
copyrights, trademarks, service marks, patents or other proprietary
rights and laws. Except as expressly authorized by uSocial or
advertisers, you agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based on the Service or the
Software, in whole or in part. uSocial grants you a personal, non-transferable and non-exclusive right
and license to use the object code of its Software on a single
computer; provided that you do not (and do not allow any third party
to) copy, modify, create a derivative work from, reverse engineer,
reverse assemble or otherwise attempt to discover any source code,
sell, assign, sublicense, grant a security interest in or otherwise
transfer any right in the Software. You agree not to modify the
Software in any manner or form, nor to use modified versions of the
Software, including (without limitation) for the purpose of obtaining
unauthorized access to the Service. You agree not to access the Service
by any means other than through the interface that is provided by uSocial for use in accessing the Service.
19. Disclaimer of Warranty
You expressly understand and agree that:
a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. uSocial and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. uSocial and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the service will meet your requirements; (ii) the service will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the service will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations; and (v) any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. No advice or information, whether oral or written, obtained by you from uSocial or through or from the service shall create any warranty not expressly stated in the TOS.
e. A small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using the service. Certain conditions may induce previously undetected epileptic symptoms even in users who have no history of prior seizures or epilepsy. If you, or anyone in your family, have an epileptic condition, consult your physician prior to using the service. Immediately discontinue use of the service and consult your physician if you experience any of the following symptoms while using the service: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.
20. Limitation of Liability
SUBJECT TO APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT
USOCIAL AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF USOCIAL HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE
INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v)
ANY OTHER MATTER RELATING TO THE SERVICE.
21. Limitation and Exclusion
Some jurisdictions do not allow the exclusion of certain warranties or
the limitation or exclusion of liability for incidental or
consequential damages. Accordingly, some of the above limitations of
Sections 19 and 20 may not apply to you.
22. Financial Warning
If you intend to create or join any service, receive or request any
news, messages, alerts or other information from the Service concerning
companies, stock quotes, investments or securities, please read the
above Sections 19 and 20 again. They go doubly for you. In addition,
for this type of information particularly, the phrase "Let the investor
beware" is apt. The Service is provided for informational purposes
only, and no Content included in the Service is intended for trading or
investing purposes. uSocial and its licensors shall not be responsible
or liable for the accuracy, usefulness or availability of any
information transmitted or made available via the Service, and shall
not be responsible or liable for any trading or investment decisions
based on such information.
23. Third Party Beneficiaries
You agree that, except as otherwise expressly provided in this TOS,
there shall be no third-party beneficiaries to this agreement.
24. Notices
uSocial may provide you with notices, including those regarding changes
to the TOS, by email, regular mail or postings on the Service.
25. Trademarks
The uSocial, usocial and USOCIAL logo, the "Get Votes. Get Traffic. Get Paid." tagline,
trademarks and service marks and other uSocial product and
service names are trademarks of uSocial (the "uSocial Marks").
Without uSocial's prior permission, you agree not to display or use in
any manner the uSocial Marks.
26. Copyright Claims
uSocial respects the intellectual property of others, and we ask our
users to do the same. uSocial may, in appropriate circumstances and at
its discretion, disable and/or terminate the accounts and access to the Service of users who may
be repeat infringers. If you believe that your work has been copied in
a way that constitutes copyright infringement, or your intellectual
property rights have been otherwise violated, please provide uSocial with the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. 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;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
uSocial's Agent for Notice of claims of copyright or other intellectual property infringement can be reached by contacting us.
27. General
Entire Agreement. The TOS constitutes the entire agreement
between you and uSocial and governs your use of the Service,
superseding any prior agreements between you and uSocial with respect
to the Service. You also may be subject to additional terms and
conditions that may apply when you use or purchase certain other uSocial services, affiliate services, third-party content or
third-party software.Choice of Law and Forum. The TOS and the relationship between
you and uSocial shall be governed by the laws of Queensland
without regard to its conflict of law provisions. You and uSocial agree
to submit to the personal and exclusive jurisdiction of the courts of Queensland.
Waiver and Severability of Terms. The failure of uSocial to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your uSocial account and access to the Service is non-transferable and any rights to your uSocial membership or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
28. Purchase Agreement
Procurement of any paid product or service provided by uSocial is subject to the terms and conditions set out in our Purchase Agreement.
You understand that by committing to aquire any form of product or
service provided by uSocial which is provided to you in exchange for
monetary or financial compensation, you are agreeing to all of the
policies, terms, conditions and statements made in our TOS as well as
the Purchase Agreement.
Please report any violations of the TOS by contacting us.

