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Terms and conditions

TERMS OF USE FOR CONTENT PROVIDERS AND SHARERS

These Terms of Use (‘Terms’) apply to all Content Providers and Sharers on our website, https://socialite.cc (‘our/ the website’) We may modify and update these Terms at any time, without notice. You need to ensure you review the Terms from time to time. In using our website and services, you agree to be bound by these Terms as well as any and all general terms and conditions posted on our website from time to time. If you do not accept these Terms, we cannot accept you as an account holder.

Socialite is a sharing service; it is a website for Content Providers to upload Content that complies with our guidelines. Content is displayed by us on our website, and any Content displayed on the ‘Socialite’ feed can be shared by Sharers posting Content on other websites and/or social media pages and the internet generally (‘sharing’). Sharers can redeem Rewards for sharing Content after they achieve a certain number of shares, and a certain number of views.

DEFINITIONS

“Content Provider” means a member who has set up an account with us and wishes to share their Content in various means through our website.

“Content” means any and all material, links, words, images, video including but not limited to any content the Content Provider submits, advertises or links to the website.

“Rewards” means payment for the sharing of Content on other websites, on social media and the internet and in accordance with these Terms.

“Services” means the service of facilitating the sharing of Content online on websites, social media and the internet.

”Sharer” means a member sharer who has set up an account and posts Content from the “Socialite Feed” online, on other websites, social media and on the internet generally; but not including on the website.

“We”, “our” and “us” means [insert company or business name], its directors, employees, contractors and affiliates.

“You” “User” means the Content Provider and/or Sharer who has set up an account and is using our Services and by doing so, agrees to these Terms.

ACCOUNTS

You must register and set up your account in order to use the Services on our website. You must be over 18 to use our Services. You must also be an Australian citizen or permanent resident to be a Sharer and set up an account. We may accept or reject any request for an account in our sole discretion; we may also deactivate an account at any time, including, without limitation, if you breach these Terms.

To create an account you will need a name and password. You must provide true, accurate, current and complete information. Each name and password can only be used by one Content Provider or one Sharer. You are solely responsible for maintaining the confidentiality of your password, and for any use, misuse or communications entered through the Service using one or more of them. We are not responsible for any loss or damage caused by any unauthorized use of your account.

CONTENT PROVIDER ACCOUNTS

By providing your credit card details, you authorize us and agree to the package fee for your chosen package being automatically deducted from your credit card or other nominated payment method at the beginning of each month unless you or we cancel your package in accordance with the below Cancellation terms.

SHARER ACCOUNTS

By providing your pay pal details, we will apply the Rewards amounts to this account at the beginning of each month in accordance with our terms unless you or we cancel your account in accordance with the below Cancellation terms.

AGREEMENT FOR CONTENT PROVIDERS

To use the Services offered through our website, the Content Provider agrees to the following:

Content Providers warrant that:

  • Any Content posted on our website is genuine, true, current and accurate;
  • Any Content posted will not breach any third party rights;
  • Any Content posted on our website complies with all applicable laws, codes and regulations;
  • All material linked to from our website is accurate, reliable, up-to-date, lawful, and not misleading;
  • All Australian Consumer Law (ACL) requirements are complied with including but not limited to the re-supply or refund of any goods or services supplied or provided which do not meet ACL requirements;
  • Good practice service standards are adhered to; for the supply of goods and services to customers in a timely and responsive manner;
    You indemnify us from and assume all risks related to the Content you post, including someone else’s reliance on its accuracy, or claims relating to intellectual property or other legal rights; and
  • By posting content you did not create for Socialite, you are representing that you have the right to do so. In particular, if you are posting Content that is already in the public domain, you have the right to republish using our Services under license (including a free license, such as Creative Commons), granted to you or a fair use exemption.

By submitting any Content to the website, Content Providers acknowledge and agree that:

  • We are a facilitator only for the purposes of permitting businesses and individuals to post their Content on our website and for Sharers to distribute it by sharing but we do not guarantee any bookings, business, increase in traffic or otherwise;
  • Once Content is submitted for inclusion into our Service, it will be accessible by others, and that there is no confidentiality or privacy with respect to such Content, and that by doing so you are granting Sharers the right to reproduce such Content by sharing;
  • The package you purchase will include a set amount of views or shares, and is limited to a certain number of days in the ‘Socialite Feed’. Once your limit is reached, your Content is removed from the ‘Socialite Feed’ and you need to purchase a new package;
  • Any products or services you provide through your business are done directly and are your contractual relationship with the customer. Any disputes, issues, dealings, complaints are to be dealt with directly with the customer and you agree to indemnify us for customer claim which results directly or indirectly from your action or inaction;
  • Any disputes, issues, dealings, complaints are to be dealt with directly with the Sharer and you agree to indemnify us for any Sharer claim which results directly or indirectly from your action or inaction;
  • You will manage all Sharer disputes in good faith and in accordance with all Australian Consumer and other law requirements. We are not to be involved at any time and are not responsible directly or indirectly for any dispute with any Sharer regarding their sharing and posting of your Content;
  • By posting Content to our website, you give us a non-exclusive license to publish it on and using our Services, including anything reasonably related to publishing it (like storing, displaying, reformatting, and distributing it). In consideration for Socialite granting you access to and use of the Services, you agree that we may enable advertising on the Services, including in connection with the display of your content or other information from time to time. We may also use your Content to promote our Services, including its products and content; and
  • You are welcome to post Content on our website that you have published elsewhere, provided that you have the rights you need to republish on our website and use our Services. By posting Content to Socialite, you represent and warrant that by doing so, it does not conflict with any other agreement you may have made.

AGREEMENT FOR SHARERS

To use our Services offered through our website, a Sharer agrees to the following:

Sharers warrant that:

  • Any Content shared must only be Content from the ‘Socialite Feed’;
  • Any sharing, or posting you do will be in accordance with our It must be an exact reproduction of the original Content; utilising the ‘Shareit’ function and in accordance with our licensing terms.

Sharers further acknowledge and agree that:

  • We are a facilitator only for the purposes of permitting Sharers to distribute Content. We make no warranty or representations about the Content, and you are sharing Content at your own risk;
  • Any disputes, issues, dealings, complaints are to be dealt with directly with the Content Provider and you agree to indemnify us for any Content Provider claim which results directly or indirectly from your action or inaction;
  • There is no relationship between advertising revenue of a Content Provider and Rewards associated with you sharing the Content;
  • All Rewards figures are estimates only and are subject to revision at the moment the Rewards are redeemed. Any reporting of statistics for you is provided as a courtesy and is an estimate only and is not proof of Rewards and therefore expected withdrawal of monies;
  • The amount of Rewards to be redeemed may only be redeemed after we receive payment from a Content Provider for their package. We reserve the right not to pay Rewards without the need to explain our decision; and
  • No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and you do not have any authority of any kind to bind us in any respect whatsoever.

AVAILABILITY OF SITE

We make no warranty that the website services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will use our best endeavors to ensure the website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will notify you if the website becomes unavailable for any lengthy and unusual time period.

You agree and acknowledge that the website uses third party vendors and hosting partners to provide the necessary software, hardware, service and storage. You agree you will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages to the website.

CANCELLATION AND TERMINATION OF ACCOUNTS

We do not offer refunds of package fees to Content Providers. We also do not allow for redemption of Rewards to Sharers if you cancel your account.

TO CANCEL YOUR PACKAGE OR ACCOUNT: You are solely responsible for cancelling your advertising package, your Content Provider account, or your Sharer account. You must cancel in writing by notifying us at support@https://socialite.cc

WE MAY TERMINATE YOUR ACCOUNT AND/OR REMOVE YOUR CONTENT AT ANY TIME: We have the right to terminate your account and/or remove your Content on our website for any reason, at any time. If we do not receive payment, we have the right to remove your Content and/or suspend your account. We will not be responsible for any lost files, revenue, information or anything related to such suspension or removal of your Content or the cancellation of your account.

You agree that we may, in our sole discretion, terminate or suspend your access to the website with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities.

If we have reasonable grounds to suspect the information you provide on your account or Content on our website or on your website is untrue, inaccurate or incomplete; if we receive numerous complaints about your goods or services, any Content; or action or inaction you have taken with a customer; or that you have breached any Terms; if your Content is offensive, or for any other reason including if, in our opinion, you have breached the purpose of our website, at our sole discretion we have the right to immediately withdraw your Content and all information and links and terminate your account. We may also deny the use of our website and services to you in the future and are not obligated to return any package fees or reimburse any Reward entitlements in the event of any breach.

Upon such termination, regardless of the reasons, your right to use the website immediately ceases and you acknowledge and agree we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to our website. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

We are not required to provide any refund or part thereof to you for such termination of your package or any payment for Rewards in the event of termination of your account.

MODIFICATION OF WEBSITE AND CONTENT

We reserve the right at any time and from time to time to remove, delete, alter or amend any Content or the website. In particular, if we believe the Content to be inappropriate, potentially breach regulations, receive complaints or for any other reason and in our reasonable discretion, we may remove or modify Content at any time without notice. We may, but are not obligated to, remove any Content that we determine in our sole discretion may be unlawful, offensive, defamatory, obscene, or otherwise objectionable or violates a third party’s intellectual property or these Terms. We shall not be liable to you or any third party for any modification or removal when it is required.

We reserve the right to disclose your name and any other personal details of any User to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach, alleged breach of the law or these Terms.

LIABILITY

You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from our Service. You acknowledge, agree and undertake that you shall be the legally responsible party for any Content placed by you on our website, or on other websites, social media or the internet (“posting”) in respect of any legal proceedings of any competent jurisdiction worldwide and you agree and undertake to indemnify us and keep us at all times fully indemnified from and against any claims, demands, costs, damages or awards whatsoever arising directly or indirectly as a result of that posting. This indemnity includes, but is not limited to any claims arising as a breach of these Terms, your use of the Content and/or Service and your breach of any third party rights.

In addition, you agree to fully indemnify us for any and all claims by customers or any third party which may result from your posting or any business you conduct with any customer. We are not responsible for your posting, your services nor for your breach of any third party rights. We are also not responsible for any claim by any third party which may be a result of your posting. You agree you will fully indemnify us and, wherever possible, take over and manage any claim which may result from your posting whether direct or indirect.

Our liability is governed by the Australian Consumer Law (ACL), including any consumer guarantees provided by the ACL that cannot be excluded or modified. All other conditions and warranties which may be implied by custom, or statute are expressly excluded by these Terms.

Our liability to any Content Provider will not exceed the amount actually paid by you to for your package, and we will not be liable to any Sharers.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

INTELLECTUAL PROPERTY

All custom graphics, icons, logos and trade marks, and all material produced by us is our intellectual property. We retain ownership in our intellectual property, and nothing in these Terms grants you any right to use any of our intellectual property. Use of our intellectual property as part of a link to or from any site is not permitted, unless approved in advance by us in writing. Any unauthorized use of our intellectual property, or use of material not in accordance with these Terms may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Any Content published by a Content Provider is owned by the respective Content Provider, or the Content Provider warrants that they have sufficient licence to grant the licences contained within these Terms.

Each Content Provider grants each Sharer a royalty-free, worldwide, non-exclusive licence, for the term of the package, and a commercially reasonable time thereafter, to use the Content for the sole purpose of sharing the Content on other online websites, social media and otherwise on the internet. The Content Provider further warrants that the Sharer will not breach any third party intellectual property rights when it shares the Content.

The Content Provider further grants us an irrevocable, royalty free, worldwide, non-exclusive, transferable and sublicensable license to:

(a) Use the Content in whole or part to advertise or promote our Service and to
(b) Use the Content elsewhere on other websites, social media and the internet to calculate Rewards.

The licence in a) above is granted for the term of your package and a commercially reasonable time thereafter. The licence in b) above is granted in perpetuity.

The Content Provider further agrees to waive any and all moral rights under the Copyright Act 1968 in relation to the Content.

Each Sharer acknowledges and agrees to use the Content only as permitted under these Terms. The Sharer must retain all notices contained in the original Content such as trade mark notices on any reproduction the Sharer makes of the Content. Each reproduction of Content must be an exact reproduction, and no derivative works are permitted. Reproductions may only be made using the ‘shareit’ function on the website. The Sharer must not sell, transfer, assign, sub-license, modify the Content; or publicly perform, make a derivative version of, or otherwise use the Content in any way for any public or commercial purpose other than as expressly permitted under these Terms.

SURVIVAL
In the event that any provision of these Terms is found to be invalid, then that term will be severed from this agreement and the remainder of this Agreement shall remain in full force and effect.

GOVERNING LAW

These Terms are governed by the laws of New South Wales which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the Courts of New South Wales for determining any dispute concerning these Terms.