THESE TERMS AND CONDITIONS (THE "TERMS") ARE A LEGAL CONTRACT BETWEEN YOU AND REACHSOCKET. THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE WEBSITE LOCATED AT THE URL: WWW.REACHSOCKET.COM AS WELL AS ALL ASSOCIATED SITES LINKED TO WWW.REACHSOCKET.COM BY REACHSOCKET, ITS SUBSIDIARIES AND AFFILIATED COMPANIES (COLLECTIVELY, THE "SITE"), THE SOFTWARE, SERVICES OR CONTENT AVAILABLE THROUGH THIS SITE (COLLECTIVELY, THE "SERVICES"), AND ANY SOFTWARE THAT THE COMPANY PROVIDES TO YOU THAT ALLOWS YOU TO ACCESS THE SITE AND/OR SERVICES FROM A MOBILE DEVICE (A "MOBILE APPLICATION"). BY USING THE SITE, THE SERVICES AND/OR A MOBILE APPLICATION, YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SITE, SERVICES OR MOBILE APPLICATION.
ReachSocket may make changes to the Site and/or Services at any time. ReachSocket may also change, update, or add or remove provisions of these Terms at any time by posting the updated Terms on the Site and, if you have an account, by emailing you at the email address associated with your account at the time of the change. By using the Site and/or any Services after ReachSocket has updated these Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Site, Services and Mobile Application.
By using the Site or Services, you represent that you are 18 years of age or older or, if you are between the ages of 13 and 18, that you are using the Site and/or Services with the permission of your parent or legal guardian or that you are an emancipated minor who is at least 13. If you are a parent or legal guardian who is registering for a child, you hereby agree to bind your child to these Terms and to fully indemnify and hold harmless ReachSocket if your child breaches or disaffirms any term or condition of these Terms. If you are using the Site and/or Service on behalf of a company, you represent that you are authorized to legally bind the company to these Terms.
If ReachSocket believes that you do not meet any of these requirements, or if ReachSocket determines that you are a former user whose account was terminated by ReachSocket, ReachSocket may immediately terminate your use of the Site, Services and Mobile Application.
ReachSocket provides content through the Site and through the Services that is copyrighted and/or trademarked work of ReachSocket, or ReachSocket’s third-party licensors and suppliers and/or other users of the Site and/or Services (collectively, the "Materials"). Materials may include logos, graphics, video, images, software and other content.
Subject to your compliance with these Terms, including, without limitation, your payment of all applicable fees and amounts due in connection with your use of the Services, ReachSocket hereby grants you a limited, personal, non-exclusive and non-transferable license to access, use and display the Site and Materials on the Site for your personal and non-commercial use, and to access and use the Services and Materials therein, including the ReachSocket Platform (the "Platform") solely for your internal use.
If you use the Services to track and describe the value and size of your internet audience, subject to your compliance with these Terms, including, without limitation, your payment of all applicable fees, ReachSocket hereby grants you a limited, revocable, non-transferable non-exclusive, non-sublicensable license to install, copy and embed tracking code provided to you by ReachSocket (the "Tracking Code") in web properties that you own or in which you are otherwise authorized to embed it, solely for your internal use and solely as necessary to use the Services. ReachSocket reserves the right to preclude you from embedding the Tracking Code on any web property for any reason in ReachSocket's sole discretion. Upon receiving notice from ReachSocket requesting that you to remove the Tracking Code from a web property, you agree to immediately do so.
Except for the foregoing licenses, you have no other rights in the Site, Services, Mobile Application or any other Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site, Services, Mobile Application or other Materials in any manner.
If you breach any of these Terms, the above licenses will terminate automatically and you must immediately destroy any downloaded or printed Materials.
Using the Site and Services
You need not register with ReachSocket to simply visit and view the Site. However, in order use the Platform and the tools provided therein, and to use certain other Services and Materials offered on and through the Site, you must register with ReachSocket for an account and receive a password.
If you desire to register for an account with ReachSocket, you must submit an email address and password through the account registration page on the Site. Once you have submitted your account registration information, a ReachSocket administrator shall have the right to approve or reject the requested registration, in the administrator’s sole discretion. If your account is approved by ReachSocket, you will be able to log-on to the Site and Services using your password (the "Password").
You are responsible for maintaining the confidentiality of your Password, and you are responsible for all activities that occur using your account or Password. You agree not to share your Password, let others access or use your Password or do anything else that might jeopardize the security of your Password. You agree to notify ReachSocket if your Password is lost, stolen, if you are aware of any unauthorized use of your account or Password or if you know of any other breach of security in relation to the Site and/or the Service.
All the information that you provide when registering for an account and otherwise through the Site and Services must be accurate, complete and up to date. You may change, correct or remove any information from your account by logging into your account directly and making the desired changes in the Platform interface.
Memberships and Payments
By registering for an account with ReachSocket, you become a "Member" with access to certain Member-restricted Services, Materials and areas of the Site (a "Membership"). Each Membership and the rights and privileges provided to a Member is personal and non-transferable. All sales and payments of Membership fees will be in US Dollars. There is no fee to become a Member, but ReachSocket reserves the right to change prices for Memberships at any time, and does not provide price protection or refunds in the event of promotions or price decreases. You may cancel your membership at any time by contacting the company at [email protected]
If applicable, you agree to pay all fees for use of the Services that are charged to your account based on ReachSocket’s fees, charges, and billing terms then in effect as shown on the payment page of the Site. All such charges are non-refundable. If you have a balance due on any account, you agree that ReachSocket may, and you hereby authorize ReachSocket to, charge such unpaid fees, any applicable tax and any other charges to your credit card, debit card, or other payment method accepted by ReachSocket, or otherwise bill you for such unpaid fees or other applicable charges. If you do not pay any amount due on time, or if ReachSocket cannot charge your credit card, debit card, or other payment method for any reason, ReachSocket, in addition to any other rights or remedies it may have, reserves the right to either immediately suspend or terminate your access to all or a portion of the Site and/or Services. ReachSocket is not liable for any loss caused by any unauthorized use of your credit card, debit card or any other method of payment by a third party in connection with your use of the Site or Services, or the use of your account. ReachSocket reserves the right to change its fees and billing methods at any time; any changes to the fees or billing methods will be posted on the Site or through the Services. Your continued use of the Services after the changes have taken effect means that you accept such changes.
By using the Site and/or the Services, you consent to receiving electronic communications from ReachSocket. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site, Services and/or Mobile Application. These electronic communications are part of your relationship with ReachSocket. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Links to Third-Party Sites
You are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on or through the Site or Services (each a "Submission"). You may not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness. The term "Submission" does not include: (i) the proprietary software, algorithms and code made available by ReachSocket through the Site, Services and Mobile Application (collectively, the "Software"); or (ii) any materials owned by ReachSocket or its third-party licensors.
You acknowledge and agree that, in connection with the operation of the Tracking Code and the Services, ReachSocket collects and receives tracking data about the use of the web properties in which the Tracking Code has been embedded. You agree that ReachSocket may: (a) use such information to provide the Services to you, (b) use such information for ReachSocket’s internal business purposes; (b) disclose such information as may be required by law or legal process; and (d) use and disclose such information to third when it is aggregated with similar information, and when it does not specifically identify you any Internet user. ReachSocket shall own all right, title and interest in the tracking data it receives, and that ReachSocket has no obligation to share any such data with you other than through the provision of the Services.
You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through the Site or Service.
When you provide Submissions you agree that those Submissions shall not be in violation of the "Unauthorized Activities" paragraph below. Those prohibitions do not require ReachSocket to monitor, police or remove any Submissions or other information submitted by you or any other user.
When using this Site and/or the Services, you agree to abide by common standards of etiquette and act in accordance with the law. For example, you agree not to:
This list of prohibitions provides examples and is not complete or exclusive. ReachSocket reserves the right to (a) terminate access to your account, your ability to post to this Site and/or use the Services and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that ReachSocket determines is inappropriate or disruptive to this Site, Services or to any other user of the Site and/or Services. ReachSocket may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at ReachSocket’s discretion, ReachSocket will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or Services or on the Internet.
Unauthorized use of any Materials contained on this Site may violate certain laws and regulations.
The Site, Services, Mobile Application and all content thereon or therein are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, ReachSocket and its licensors exclusively own all right, title and interest in and to the Site, Services, Mobile Application and all content thereon or therein, including, but not limited to: (i) the information, features, applications, text, content, files, advertising, graphics, images, photos, videos and video clips, screen shots, art work, icons, audio, sounds, musical works, copyrighted text, works of authorship, descriptions, user and visual interfaces, widgets and Feedback; (ii) the Software; (iii) the design, appearance, structure, selection, coordination, expression, look and feel, and arrangement of the Site, Services and other ReachSocket Materials; and (iv) the domain names, trademarks, service marks, proprietary logos and other distinctive brand features found on, or in, the Site and/or Services. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services and/or Apps. You agree that You shall not:
The Mobile Application software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, if You are a government entity, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
Intellectual Property Infringement
ReachSocket respects the intellectual property rights of others, and we ask you to do the same. ReachSocket may, in appropriate circumstances and at our discretion, terminate Services and/or access to the Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site or Services, please submit a notification of claimed infringement under the Digital Millennium Copyright Act ("DMCA") to ReachSocket’s designated agent. Such notification must include the following information:
ReachSocket’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:
By email: [email protected]
320 Wilshire Blvd. Suite 200
Santa Monica, CA 90401
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Submitting a DMCA Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to ReachSocket designated agent that includes all of the following information:
Termination of Repeat Infringers
ReachSocket reserves the right, in its sole discretion, to terminate the account or access of any user of the Site, Services or Mobile Application who is the subject to repeated DMCA or other infringement notifications.
Warranties and Disclaimer
Your use of this Site, Services and or Mobile Application is at your own risk. The Software, Services and Materials (including the Submissions) have not been verified or authenticated in whole or in part by ReachSocket, and they may include inaccuracies or typographical or other errors. ReachSocket does not warrant the accuracy of timeliness of the Materials contained on this Site or Services. ReachSocket has no liability for any errors or omissions in the Materials, whether provided by ReachSocket, our licensors or suppliers or other users.
You represent and warrant that: (a) you will not engage in any illegal or fraudulent business practice in connection with your use of the Services; (b) you have complied and will continue to comply with all applicable laws, statutes, ordinances, and regulations (including, without limitation, any relevant data protection or privacy laws) in your performance of any acts hereunder; and (c) you comply with and have any and all consents, authorizations, licenses and clearances from owners and end users of the web properties upon which Tracking Code is embedded appear to permit ReachSocket to collect and use the tracking data, and as may otherwise be required for ReachSocket to provide the Services.
REACHSOCKET, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITE, SERVICES, MOBILE APPLICATION, OR ANY MATERIALS, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE OR THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION THE SOFTWARE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, MOBILE APPLICATION AND MATERIALS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE OR THROUGH THE SERVICES, IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. REACHSOCKET DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
Limitation of Liability
REACHSOCKET SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE SITE, SERVICES AND/OR THE MOBILE APPLICATION, OR FROM YOUR USING, DISPLAYING, COPYING, OR DOWNLOADING ANY OTHER MATERIALS TO OR FROM THE SITE. IN NO EVENT SHALL REACHSOCKET BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF REACHSOCKET KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT WILL REACHSOCKET’S, TOTAL, AGGREGATE LIABILITY TO YOU UNDER THESE TERMS OR OTHERWISE RELATING TO THE SITE OR SERVICES, WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, STRICT LIABILITY OR NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY, EXCEED ONE HUNDRED U.S. DOLLARS (US$100).
You agree to indemnify and hold ReachSocket and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) ReachSocket or any other indemnified party suffers in relation to or arising from, (i) any breach of your representations and warranties, or (ii) any claim or demand from a third-party that your use of the Site, Services and/or Mobile Application, or the use of the Site, Services and/or Mobile Application by any person using your account and/or Password (including without limitation, your participation in the posting areas or your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third-party.
Local Laws; Export Control
ReachSocket controls and operates this Site and Services from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use this Site and/or Services outside the United States of America, you are responsible for following applicable local laws.
If you send or transmit any communications, comments, questions, suggestions, or related materials to ReachSocket, whether by letter, email, telephone, or otherwise (collectively, "Feedback"), suggesting or recommending changes to the Site, Services or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and ReachSocket is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that ReachSocket is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
ReachSocket makes Mobile Applications available to access the Services via a mobile device. To use the Mobile Application you must have a mobile device that is compatible with a mobile service. ReachSocket does not warrant that the Mobile Application will be compatible with your mobile device. ReachSocket hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that ReachSocket may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and ReachSocket and its third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to your use of the Mobile Application.
The following additional terms and conditions apply with respect to any Mobile Application that ReachSocket provides to you designed for use on an Apple iOS-powered mobile device (an "iOS App"):
The following additional terms and conditions apply with respect to any application that ReachSocket provides to you designed for use on an Android-powered mobile device (an "Android App"):
GeneralReachSocket prefers to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by ReachSocket, may result in immediate termination of your access to this Site without prior notice to you. The Federal Arbitration Act, California state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to this Agreement. Any disputes relating to these Terms or this Site will be heard in the courts located in Los Angeles County. California. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. THE ReachSocket’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and ReachSocket and supersede all prior or contemporaneous negotiations, discussions or agreements between you and ReachSocket about this Site, the Services and/or the Mobile Application. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
California Consumer Notice
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: Service is provided by ReachSocket Inc., 320 Wilshire Blvd. Suite 200 Santa Monica CA, 90401. If you have a question or complaint regarding the Service , please contact Customer Service at [email protected] You may also contact us by writing ReachSocket Inc., 320 Wilshire Blvd. Suite 200 Santa Monica CA, 90401. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
If you have any questions about these Terms or otherwise need to contact ReachSocket for any reason, you can reach us at [email protected] or (310)-740-9156.