Terms of Service

The rules to play ball (from our attorneys)

These terms and conditions of use and service ("Terms") govern your use of this website http://freeblogfactory.com and other web sites (collectively, "Site") owned or operated by Social Spin ("SS" or "We").  You (the "User"), by using, accessing, or attempting to interact with, SS, or other SS software, services, websites, or any of their licensees services or software (collectively "Services"), agree to be bound and abide by the terms and conditions of this Agreement with SS.  These terms are subject to change by SS at any time in its discretion.  Your use of this site after such changes are implemented constitutes your acknowledgement and acceptance of the changes.  Please consult these Terms prior to every use for any changes.

Overview

You agree that the Services, which includes all software and documentation, both electronic or printed media, contain copyrighted material, trade secrets, patent pending material, and other proprietary intellectual property. The Services are the proprietary property of SS. They are protected by copyright, trade secret, and patent laws, and other proprietary rights and laws, and they may only be used or accessed as specifically provided for in this Agreement.

You must be eighteen (18) years or older to access this website.  If you are under eighteen (18) years of age, you are not permitted to access this web site for any reason.  Due to the age restrictions for use of this web site, no information obtained by this web site falls within the children's online privacy protection act ("COPPA") and is not monitored as doing so.

You agree that you will not store, copy, modify, rent, lease, loan, sell, distribute, transfer, transmit, display, reverse engineer, reverse assemble, or otherwise attempt to discover any programming code or any source code used in or with the Services. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Services (which includes its software and documentation), create derivative works based on or in any manner commercially exploit the Services, in whole or in part.

You agree that violations by you, any other person or entity, of these copyrights, trade secrets, patents, other intellectual property protections, or the terms of this Agreement will be prosecuted to the fullest extent of the law in the federal and state courts located in California.

The Services are offered on an "as is" basis and used by the User solely at his or her own risk. All user-specific information provided by user in connection with Services shall be used to provide services and features to the user and to maintain the associated websites.

Access To This Site

To access this Site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information you provide on this Site will be correct, current, and complete. If SS believes the information you provide is not correct, current, or complete, or that you have breached these Terms, we have the right to refuse you access to this Site or any of its resources, and to terminate or suspend your access at any time, without notice.

Restrictions On Use

You may use this Site for purposes expressly permitted by this Site. You may not use this Site for any other purpose, including any commercial purpose, without SS's express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this Site, (ii) frame this Site, or (iii) hyper-link to this Site without the express prior written permission of an authorized representative of SS. For purposes of these Terms, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site. You agree to cooperate with SS in causing any unauthorized co-branding, framing, or hyper-linking immediately to cease.

Proprietary Information

The material and content (hereinafter referred to as the "Content") accessible from this Site, and any other World Wide Web Site owned, operated, licensed, or controlled by SS, are the proprietary information of SS or the party that provided the Content to SS, and SS or the party that provided the Content to SS retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of SS, or, unless authorized in writing elsewhere on our Site, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms violates SS's intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this Site.

Third Party Hyper-Links

This Site may be hyper-linked to other Sites that are not maintained by, or related to, SS. Hyper-links to such Sites are provided as a service to users and are not sponsored by or affiliated with this Site or SS. SS has not reviewed any or all of such Sites and is not responsible for the content of those Sites. Hyper-links are to be accessed at the user's own risk, and SS makes no representations or warranties about the content, completeness, or accuracy of these hyper-links or the sites hyper-linked to this Site. Further, the inclusion of any hyper-link to a third-party Site does not necessarily imply endorsement by SS of that Site.

Submissions

You hereby grant to SS the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to SS through this Site (together, hereinafter known as the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. SS will not be required to treat any Submission as confidential, and may use any Submission in its business (including, without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future SS operations.

SS will treat any personal information that you submit through this Site in accordance with its Privacy Policy as set forth on this Site.

By accepting these terms, you agree to the then current company privacy policy and the earnings disclaimer as integrated herein and incorporated by reference to these terms.  If you do not agree to these terms, the privacy policy, or the earnings disclaimer, please do not accept these Terms and cease use of this Site and our services.  Note that each of these policies may be changed from time to time at our company's discretion and without notice, except with a new last updated date.

Consent to Recorded and Live Phone Calls

You hereby consent that SS may place recorded and live phone calls to the number you provide. For more information, see the Electronic Code of Federal Regulations: Section 16 CFR 310.

Consent to Receive Mobile Text Messages

You hereby consent that SS may send SMS text messages to your mobile device at the number you provide.  

Disclaimer

You understand that SS cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for the reconstruction of any lost data. SS does not assume any responsibility or risk for your use of the Internet.

The Content is not necessarily complete and up to date and should not be used to replace any written reports, statements, or notices provided by SS. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this Site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.

Your use of this site is at your own risk. The content is provided "As-Is" and without warranties of any kind, either expressed or implied. SS disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. SS does not arrant that the functions or content contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. SS does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors, and SS may make changes or improvements at any time. You, and not SS, assume the entire cost of all necessary servicing, repair, or correction in the event of any loss or damage arising from the use of this site or its content. SS makes no warranties that your use of the content will not infringe the rights of others and assumes no liability or responsibility for errors or omissions in such content.

All of the information in this Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Site, and SS does not undertake any obligation to update such information after it is posted or to remove such information from this Site if it is not, or is no longer, accurate or complete. You agree that SS does not have any obligation to monitor or correct information that has been posted by other customers or third parties on this Site.

Limitation On Liability

SS, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will not be liable for any incidental, direct, indirect, punitive, actual, consequential, epochal, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if SS has been advised of the possibility of such damages. In no event will the collective liability of SS and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the amount you have paid to SS for the applicable content, product, or service out of which liability arose ("CUMULATIVE LIABILITY CAP").

Some jurisdictions do not allow the disclaimer of warranties or exclusions of damages, so such disclaimers or exclusions may not apply to you. Notwithstanding the prior sentence, you agrees that, if SS is found liable, SS's cumulative liability will be capped at the cumulative liability cap set forth above.

Indemnity

You will indemnify and hold SS, its subsidiaries, affiliates, licensors, Content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the "Indemnified Parties") harmless from any claim or demand, including reasonable attorneys' fees, made by a third party due to or arising from any breach of these Terms by you (including any use of Content other than as expressly authorized in these Terms), or any violation of any law or the rights of any third party. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify and hold harmless the Indemnified Parties from and against any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Site.

Notices

Legal notices shall be served on SS's national registered agent and to you via your e-mail address that you provide to SS during the initial registration process.

Trademarks

Trademarks, service marks, and logos appearing in this Site are the property of SS or the party that provided the trademarks, service marks, and logos to SS. SS and any party that provided trademarks, service marks, and logos to SS retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this Site.

Information You Provide

You may not post, send, submit, publish, or transmit in connection with this Site any material that:

you do not have the right to post, including proprietary material of any third party; advocates illegal activity or discusses an intent to commit an illegal act; is vulgar, obscene, pornographic, or indecent; does not pertain directly to this Site; threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening, or offensive; seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details, or otherwise; infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity; violates any law or may be considered to violate any law; impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content; advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Site; solicits funds, advertisers, or sponsors; includes programs that contain viruses, worms and/or Trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications; disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise acts in a way that affects the ability of other people to engage in real time activities via this Site; includes MP3 format files; amounts to a "pyramid" or similar scheme; disobeys any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site; or contains hyper-links to other Sites that contain content that falls within the descriptions set forth above.

Although under no obligation to do so, SS reserves the right to monitor use of this Site to determine compliance with these Terms, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither SS nor any third party that provides Content to SS will assume or have any liability for any action or inaction by SS or such third party with respect to any submission.

Security

Any passwords used for this Site are for individual use only. You will be responsible for the security of your password (if any). SS will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that SS considers insecure, SS will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, SS reserves the right to release your details to system administrators at other Sites in order to assist them in resolving security incidents. SS reserves the right to investigate suspected violations of these Terms.

SS reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing SS to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms.

Membership

By entering your name and email on this Site, you are provided a free membership to this Site.  You may request your account be cancelled by submitting a support ticket to this Site.

Hosting Partner

All websites built using this Site are hosted with a third party company (the "Hosting Partner") and any purchased hosting account falls under the terms of service of the Hosting Partner.  The preferred Hosting Partner may change without notice at the discretion of SS.  If our preferred Hosting Partner does happen to change, your current hosting account will not be affected.

Software Updates and Upgrades

From time to time we will automatically push updates to your website, including:

WordPress updates Plugin updates Genesis updates Theme updates

This ensures that your website is always secure and up-to-date.  However, we also understand that this could cause any customizations you make to your theme to be overwritten, so we've taken the following precautions:

Backups of your websites are made every Sunday We only release updates after new backups are made, ensuring you have the ability to "roll back" any updates you are unhappy with No database modifications are EVER made, meaning that your posts, widgets, selected themes, etc always remain in place No files are ever deleted, so you will never lose any additional themes or other add-ons you install.

You the User have ownership and control over your website and you may customize your website as you choose. Visit our Customization FAQ page for instructions on how to modify our themes without having to worry about our updates removing your modifications.  To opt out of automatic updates and elect to keep your WordPress up-to-date yourself submit a support ticket.

Domain Names

Domains offered on this Site are sold through a third party domain provider.  Your account information is passed from this site to our domain provider.  You authorize our domain provider to register your domain on your behalf.  Once your domain is purchased, you own and control your domain and can access your domain through our domain partner.  You domain information will be mailed to you by our Domain Provider.  By purchasing a domain through this Site, you agree to the Domain Registrar Agreement.

Fees / Billing

By signing up for a free blog, you authorize SS to collect your credit card information and pass it through to our Hosting Partner and/or Domain Provider using their secure API.  Your credit card will not be billed at the time of the hosting purchase.  At the end of the free month trial, you agree and will be billed for the full purchase price of the web hosting. By purchasing a web hosting account through our Hosting Partner, you agree to our Hosting Partner storing your credit card information and billing you the price for monthly hosting as listed on this Site.  By purchasing your hosting and/or domain name through our Hosting Partner, you agree to their Terms of Service.

If you wish to cancel your hosting service, simply contact our Hosting Partner and request your account be cancelled. Your website will be de-activated at the end of the current billing cycle and you will not be charged in the future. 

In some cases, you may encounter various product offers within this Site. A valid credit card is required to purchase the products. Your credit card information is stored upon purchasing a webhosting account.  The products are offered on a one-click purchase offer where upon accepting, your credit card will be billed.  You can update your credit card information while logged into this site at any time.

Chargeback / Refund Policy

SS will not, under any circumstances, issue cash refunds for early contract cancellation. All SS accounts begin an obligation-free trial with our Hosting Partner which will allow you to evaluate the service for 30 days. Your credit card information is collected to initiate your blog setup.  Charges will only be applied after explicit account purchase via the account Billing area.

If you have a question about charges made to your account, please contact us immediately. If the charges were made in error, we will immediately credit your account or credit card account for the appropriate amount.

SS has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment for products purchased on this Site that is found to be valid will be permanently blacklisted and barred from use of this Site. Any past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts will be reported to all available credit reporting agencies.

All products are backed by a money-back guarantee as stated on the Site from which you purchased.

SS has the right to change the refund policy at any time, but it will be reflected on future orders, not past orders.  Guarantee starts from the purchase date. Refund requests or products returned after the refund policy has expired are not subject to a refund and a refund will not be issued.

If a digital product is purchased, a refund request letter must be sent to our office in order for a refund to be processed. You can also fax the letter to 800-974-3168. Be sure to include ALL of your contact information: Full Name, Email and the name of the course you wish to have refunded so we can find you in the system. This is to prevent fraudulent orders.

Upon a refund being processed, please allow 5 to 15 business days for the transaction to post to your account. Transaction times depend on the policies of your bank or credit card companies.

Company Address:

Social Spin PO Box 5529 San Clemente, CA 92674-5529

Miscellaneous

These Terms will be governed and interpreted pursuant to the laws of California, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in California in connection with any dispute between you and SS arising out of these Terms or pertaining to the subject matter hereof. The parties to these Terms each agree that the exclusive venue for any dispute between the parties arising out of these Terms or pertaining to the subject matter of these Terms will be in the state and federal courts in Santa Ana, Orange County, California. If any part of these Terms are unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this Site will govern the items to which they pertain. SS may revise these Terms at any time by updating this posting. This agreement sets forth the entire understanding and agreement between you and SS with respect to the subject matter hereof. The following Sections shall survive termination of these Terms: proprietary information, submissions, disclaimer, limitation of liability, indemnity, notices, and this provision.

 

Last updated: October 21st, 2010.