Terms of Service
Welcome, and thank you for your interest in BlazingSocial.com. These Terms of Service are a legally binding contract between you and Market Focus, Inc. regarding your use of the Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY
If you do not agree to the Terms, do not continue with the registration process for access to the Service. YOUR USE OF THE SERVICE CONSTITUTES AN AGREEMENT BY MARKET FOCUS AND BY YOU TO BE BOUND BY THESE TERMS.
You agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND MARKET FOCUS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury.
1. Service Overview
The Service provides a social media management tool that enables users to release posts on social platforms at a scheduled time, in addition to other design and analytics tools to help bolster users’ social media content.
You must be at least  years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least  years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and references to you herein (and all of your obligations hereunder) will refer to such entity and any individual using the Service on such entity’s behalf.
3. Accounts and Registration
To access features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify Market Focus, Inc.
4. General Payment Terms
The Service will require you to pay fees upon registering. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable. Fees vary based on the plan, with different pricing schemes for individual users and organizations.
Market Focus, Inc. reserves the right to determine pricing for the Service. Market Focus may change the fees for any feature of the Service, including additional fees or charges, if Market Focus gives you advance notice of changes before they apply. Market Focus, at its sole discretion, may make promotional offers with different features and different pricing to any of BlazingSocial customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
You authorize Market Focus to charge all sums for the orders that you make and any level of Service you select as described in these Terms to the payment method specified in your account.
4.3 Subscription Service and Cancellation Policy
The Service includes automatically recurring payments for periodic charges (“Subscription Service”). If you activate a Subscription Service, you authorize Market Focus to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first subscription to the Service.
4.4 Delinquent Accounts
Market Focus may suspend or terminate access to the Service for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.
5.1 Permission to Use
Subject to your complete and ongoing compliance with these Terms, Market Focus grants you limited, non-transferable, non-sublicensable, revocable permission to access and use the Service for which you have paid all applicable Fees.
Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it. You may not use the Service on behalf of any third party, or in a service bureau or similar capacity.
If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Market Focus an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
6. Ownership; Proprietary Rights
The Service is owned and operated by Market Focus. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, templates, and all other elements of the Service (“Materials”) provided by Market Focus are protected by intellectual property and other laws. All Materials included in the Service are the property of Market Focus or its third party licensors. Except as expressly authorized by Market Focus, you may not make use of the Materials. Market Focus reserves all rights to the Materials not granted expressly in these Terms.
7. Third Party Terms
7.1 Third Party Services and Linked Websites
Market Focus provides tools through the Service that enable you to import and export information, including User Content, to and from third party services, including through features that allow you to link your account on Market Focus with an account on a third party social network service, such as Twitter or Facebook. By using one of these tools, you agree that Market Focus may transfer that information to and from the applicable third party service. Third party services are not under Market Focus’ control, and Market Focus is not responsible for any third party service’s use of your exported information. The Service may also contain links to third party websites. Linked websites are not under Market Focus’ control, and Market Focus is not responsible for their content.
7.2 Third Party Software
The Service may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third party licenses or to limit your use of Third Party Components under those third party licenses.
7.3 Say It Visually Video Terms
SAY IT VISUALLY, INC LICENSE AND CONTENT HOSTING AGREEMENT This License Agreement (“License”) describes your (“You(r)”) legal use of the “Fast Forward Stories” videos and/or related materials (“Content”) provided to You by Say It Visually, Inc. By signing, clicking “Submit Order” and/or obtaining any Content from Say It Visually You shall comply with this License. If You are unable to comply with this License or do not wish to be bound by its terms, do not submit order or use any Content.
After You sign this License, and after personalization, Say It Visually will deliver the playlist embed code(s) and video hosting access credentials to You for Your use during the Term (defined below). Say It Visually will deliver the code and credentials by sending You an email (or by another reasonable method chosen by Say It Visually). Say It Visually may use third parties to provide Content to You (for example, payment processing and delivery), and You must comply with their policies and procedures to receive Content Access.
2. Grant of License
Say It Visually grants You a limited, non-exclusive, non-transferable, non-sublicensable right to use, access, host and display the Content. These rights are are conditioned entirely on timely payment by You of all authorized charges in an amount separately established between Say It Visually and You. You may display (“embed”) the entire content library on the number of web sites or web subdomains defined by your subscription package. You may not: (a) sell, transfer, or assign the Content; (b) make or permit others to make any unauthorized copies of the Content; (c) alter, edit or modify the Content; (d) remove any copyright or other ownership notices from the Content; (e) use or display the content without your branding and contact information, as arranged at subscription time, or (f) use the Content for any unlawful purpose. Any violation of any of these conditions will result in the termination of the use of the Content. No prior notice of violation to you is required.
3. Term and Termination
This license begins on the date of subscription (the “Term”). The license and fees will be automatically renewed monthly, quarterly or annually, depending upon your subscription increment. You may terminate renewal of this License and Agreement within thirty (30) days at any time by notifying Say It Visually via email or phone. Monthly plan termination will be effective within the month of notification; quarterly within a month of notification, at a pro-rated monthly rate; annual plan termination will be effective within the year of notification. Say It Visually may terminate this License and Agreement within thirty (30) days at any time by notifying you via email or phone. Say It Visually may terminate this License immediately if You fail to comply with the terms of this License, and You will forfeit any Fees paid to Say It VisuallySections 4, 5 and 6 of this License will continue to be in effect after this License ends for any reason.
You will indemnify and hold Say It Visually harmless from all claims, costs and reasonable attorneys’ fees that may arise out of or be connected to Your failure to comply with this License. Say It Visually will indemnify and hold You harmless from all claims, costs and reasonable attorneys’ fees that may arise if the Content actually infringes the intellectual property rights of someone other than You or Say It Visually. If You seek indemnification, You must: (a) notify Say It Visually immediately; (b) immediately stop using the Content; and (c) provide Say It Visually with evidence that you have stopped using the Content. Say It Visually has no indemnity obligation to You if You do not comply with the terms of this License, or if You fail to comply with the procedure described above. Say It Visually may elect to indemnify You by either using reasonable efforts to replace the Content or providing You with a pro-rated refund of Fees.
5. Disclaimer and Limited Liability
THE CONTENT IS PROVIDED TO YOU “AS IS” AND Say It Visually MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE CONTENT INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE. YOUR EXCLUSIVE REMEDY AND Say It Visually’S TOTAL LIABILITY TO YOU UNDER THIS LICENSE IS LIMITED TO DIRECT DAMAGES INCURRED BY YOU UP TO THE TOTAL AMOUNT PAID BY YOU TO Say It Visually Say It Visually IS NOT RESPONSIBLE FOR ANY INDIRECT DAMAGES INCLUDING SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.
6. As Is
The Content that You are licensing will be provided for review prior to delivery and beginning of the License and Agreement term. You cannot bring a claim against Say It Visually due to any dissatisfaction of the Content if it is as it was shown prior to delivery. The customizable aspects of the Content are limited to those defined by Say It Visually and described to You in advance of ordering.
8. Attorney Fees
In the event of a dispute relating to this Agreement, the prevailing party shall be entitled to attorneys fees and costs.
You have requested that Say It Visually customize the Content. You assume responsibility for release of all rights over proprietary marks and designs requested for Your customization.
10. No Results Guaranteed
You agree that Say It Visually has not made any guarantee regarding the results to be obtained by You through the use of the Content. You understand that Say It Visually has not made any representations and/or warranties regarding the appropriateness of the Content that You choose as it relates to Your business. Say It Visually had no input in Your choice of the Content which You are licensing.
11. Hosting Services.
Say It Visually and its third party agents shall provide the Hosting Services using facilities of its choice and shall make the Services available (as limited herein and as provided herein) to You via the Internet. The Services shall allow You to provide video content via the Internet. Say It Visually will exercise reasonable care in providing the Services; however, Say It Visually does not warrant or represent that the Services will meet Customer’s capacity or performance needs. Say It Visually will strive to make the Hosting Services available for access by You and users of your Web Site(s) on a twenty-four (24) hour per day, seven (7) day per week basis, each day of the year (24×7), except during periods of scheduled maintenance and upgrades. The period for scheduled maintenance and upgrades may change as Say It Visually’s business needs change. Say It Visually reserves the right to interrupt access to the Services to perform emergency maintenance as needed. In any such circumstances, Say It Visually will use commercially reasonable measures to notify Customer via the email address or telephone number for Customer on-file with Say It Visually. Say It Visually cannot guarantee 100% server uptime, but strives to keep interruptions to the Services to a minimum.
12. Liquidated Damages
You agree that Say It Visually can suffer severe damages that would not be readily ascertainable at the time of the drawing of this contract. Violation of the Grant of License provided pursuant to paragraph 2 of this Agreement, can cause Say It Visually great harm. Accordingly, any violation of the Grant of License contained in paragraph 2 of this Agreement shall be grounds for entitlement to liquidated damages in the amount of $10,000.00 per violation. Say It Visually also preserves the right to seek injunctive relief in response to any violation of the Grant of License provided in paragraph 2 of this Agreement.
In return for the grant of License & Hosting Services, You agree to pay Say It Visually a monthly or annual fee as specified in the accompanying ecommerce transaction. Content Access will be delivered upon successful payment and personalization.
8. User Content
8.1 User Content Generally
Certain features of the Service may permit users to upload content to the Service, including social media posts and other content which may be comprised of messages, reviews, photos, video, images, data, text, and other types of works (“User Content”) and to publish User Content on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service. Nevertheless, we need certain permission from you in order to provide the Service.
8.2 Limited License Grant to Market Focus
By providing User Content to or via the Service, you grant Market Focus a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
8.3 Limited License Grant to Other Users
By providing User Content to or via the Service to other users of the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.
8.4 User Content Representations and Warranties
Market Focus disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that:
a) you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Market Focus and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Market Focus, the Service, and these Terms;
b) your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Market Focus to violate any law or regulation; and
c) your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
d) your User Content does not and will not contain Hateful Content, a Threat of Physical Harm, or Harassment
The following serves as a guide to help illustrate generally the types of content that fall within the scope of Market Focus’ policy on Hateful Content, Threats of Physical Harm, and Harassment, but is not exhaustive. This Section does not limit any of our other rights or remedies provided herein. For the avoidance of doubt, your User Content may not include, and Market Focus may remove or refuse to publish or promote any User Content that violates the terms or policies of any third party platform with which Market Focus’ Services integrate or interoperate.
Hateful Content includes:
- Any statement, image, photograph, or other content that in our sole judgment could be reasonably perceived to harm, threaten, demean, promote the harassment of, promote the intimidation of, or promote the abuse of others for any reason, including by reason of race, gender or gender identity, national origin, sexual orientation, religion, or otherwise.
A Threat of Physical Harm includes:
- Any statement, photograph, advertisement, or other content that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others, including references to current or historical figures or groups that are known for purporting such content, such as the Ku Klux Klan, Nazi Party, and the like.
- Revealing someone’s personal information, also known as “doxxing”.
- Online stalking, and bullying.
- Wishes for physical harm directed at a person or persons.
- Incitement of others to any of the previous items.
We reserve the right to suspend or terminate accounts and remove individual posts which contain Hateful Content, a Threat of Physical Harm, or Harassment.
We also may suspend or terminate your account if we determine, in our sole discretion, that you are either:
- An organization which has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor Hateful Content, Harassment, or A Threat of Physical Harm.
- A person or organization that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent Hateful Content, Harassment, or A Threat of Physical Harm.
Notwithstanding the foregoing, we reserve the right to screen, remove, edit, or block any User Content we find in violation of the Terms or that we find, in our sole discretion to be otherwise objectionable, at our sole discretion.
8.5 User Content Disclaimer
We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Market Focus may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Market Focus with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Market Focus does not permit copyright-infringing activities on the Service.
8.6 Monitoring Content
9. Prohibited Conduct
BY USING THE SERVICE YOU AGREE NOT TO:
- use the Service for any illegal purpose or in violation of any local, state, national, or international law;
- violate industry-specific compliance regulations regarding the types and scope of posted content
- violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
- interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law; or (iii) hacking, password “mining” or using any other illegitimate means of interference;
- modify or create derivatives of any part of the Service;
- interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
- perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
- take action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service of Market Focus’s systems or networks, or any systems or networks connected to the Service or Market Focus;
- sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 6) or any right or ability to view, access, or use any Materials; or
- attempt to do any of the acts described in this Section 9 or assist or permit any person in engaging in any of the acts described in this Section 9.
10. Digital Millennium Copyright Act
10.1 DMCA Notification
We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact Market Focus.
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of the material that you claim is infringing and where it is located on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
10.2 Repeat Infringers
It is Market Focus’ policy to promptly terminate the accounts of users that are determined by Market Focus to be repeat infringers.
11. Modification of these Terms
We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. Modifications will become effective upon the earlier of (a) your acceptance of the modified Terms, (b) your use of the Service with actual knowledge of the modified Terms, or (c) thirty (30) days following our publication of the modified Terms through the Service. Except as expressly permitted in this Section 11, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
12. Term, Termination and Modification of the Service
These Terms are effective beginning when you accept the Terms and ending when terminated as described in Section 12.2.
If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, Market Focus may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting Market Focus, or through the service.
12.3 Effect of Termination
Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Market Focus any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 5.3, 6, 12.3, 13, 14, 15, 16 and 17 will survive.
12.4 Modification of the Service
Market Focus reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Market Focus will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service. Service fees are not refundable.
You are responsible for your use of the Service, and you will defend and indemnify Market Focus and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Market Focus Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
14. Disclaimers; No Warranties
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. MARKET FOCUS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. MARKET FOCUS DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND MARKET FOCUS DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR MARKET FOCUS ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE MARKET FOCUS ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
HOWEVER, MARKET FOCUS DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT MARKET FOCUS IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
15. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE MARKET FOCUS ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY MARKET FOCUS ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS PROVIDED IN SECTION 16.4(iii) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE MARKET FOCUS ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO MARKET FOCUS FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $100.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 15 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
16. Dispute Resolution and Arbitration
In the interest of resolving disputes between you and Market Focus in the most expedient and cost effective manner, and except as described in Section 16.2, you and Market Focus agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND MARKET FOCUS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Despite the provisions of Section 16.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
Any arbitration between you and Market Focus will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Market Focus. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
16.4 Notice of Arbitration; Process
A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Market Focus’s address for Notice is: Market Focus, Inc., 2443 Fillmore Street, San Francisco, CA 94115. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Market Focus may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Market Focus must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Market Focus will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Market Focus in settlement of the dispute prior to the arbitrator’s award; or (iii) $10,000.
If you commence arbitration in accordance with these Terms, Market Focus will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Santa Clara County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Market Focus for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
16.6 No Class Actions
YOU AND MARKET FOCUS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Market Focus agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
16.7 Modifications to this Arbitration Provision
If Market Focus makes any future change to this arbitration provision, other than a change to Market Focus’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Market Focus’s address for Notice of Arbitration, in which case your account with Market Focus will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
If Section 16.6 is found to be unenforceable or if the entirety of this Section 16 is found to be unenforceable, then the entirety of this Section 16 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 17.1 will govern any action arising out of or related to these Terms.
17. General Terms
17.1 Governing Law
These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and Market Focus submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Diego County, California for resolution of any lawsuit or court proceeding permitted under these Terms.
17.2 Consent to Electronic Communications
17.3 Contact Information
The Service is offered by Market Focus, Inc. located at 2307 Fenton Parkway #134, San Diego, CA 92108. You may contact us by sending correspondence to that address or by emailing us at email@example.com
17.4 Notice to California Residents
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
- PERSONAL INFORMATION WE MAY COLLECT
- PERSONAL INFORMATION PROVIDED BY YOU
Registration. If you desire to have access to the service you are required to become a registered user, and to provide: your name, email address, phone number, full user name, password, city, and time zone. Optional information may be requested, such as photo, logo, professional licensing numbers as appropriate to your industry.
Billing. When you make payments through the Service, you will need to provide Personal Information such as your credit card number and billing address.
Social Media. In order to allow you to post to your social media platforms, we may ask you to provide your username, account ids, social handle, timezones, and email address.
Other. We may also collect your contact details when you provide them in the context of our customer, vendor, and partner relationships.
2a. Personal Information Collected from Connected Social Media Accounts
If you connect your third party social media accounts to your BlazingSocial account, we may collect certain information stored in your social media account such as:
Facebook If you connect a Facebook page to your BlazingSocial account, we will access certain information from Facebook regarding your account. This includes the content of your post and engagement data (such as click rates, likes, re-shares, impressions, as well as general engagement counts), to the extent permitted by applicable law. This data will only be used by BlazingSocial to provide you with the service’s engagement report and will not be shared with any third parties.
Twitter If you connect a Twitter profile to your BlazingSocial account, we will access certain information from Twitter regarding your account. In particular, we may access tokens and sent posts. This includes the content of your post and engagement data (such as click rates, likes, retweets, re-shares, impressions, as well as general engagement counts), to the extent permitted by applicable law. This data will only be used by BlazingSocial to provide you with the service’s engagement report and will not be shared with any third parties.
Instagram If you to connect an Instagram profile to your BlazingSocial account, we will access certain information from Instagram regarding your account. In particular, we may collect access tokens, and sent posts. This includes the content of your post and engagement data (such as click rates, likes, re-shares, impressions, as well as general engagement counts), to the extent permitted by applicable law. This data will only be used by BlazingSocial to provide you with the service’s engagement report and will not be shared with any third parties.
LinkedIn If you to connect a LinkedIn profile or page to your BlazingSocial account, we will access certain information from LinkedIn regarding your account. In particular, access tokens and sent posts. This includes the content of your post and engagement data (such as click rates, likes, re-shares, impressions, as well as general engagement counts), to the extent permitted by applicable law. This data will only be used by BlazingSocial to provide you with the service’s engagement report and will not be shared with any third parties.
2b. Personal Information Automatically Obtained from Your Interactions with the Service
Log Data. When you use BlazingSocial, our servers automatically record information that your browser sends whenever you visit a website (“Log Data”). This Log Data may include information such as your IP address, browser type or the domain from which you are visiting, the web-pages you visit, the search terms you use, and any advertisements on which you click.
Cookies and Similar Technologies. Like many websites, we also use “cookie” technology to collect additional website usage data and to improve the Site and our Service. A cookie is a small data file that we transfer to your computer’s hard disk. A session cookie enables certain features of the Site and our service and is deleted from your computer when you disconnect from or leave the Site. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Site. For example, clicking Remember Me creates a persistent cookie to allow fast login. Persistent cookies can be removed by following your web browser help file directions. Most Internet browsers automatically accept cookies. BlazingSocial may use both session cookies and persistent cookies to better understand how you interact with the Site and our Service, to monitor aggregate usage by our users and web traffic routing on the Site, and to improve the Site and our Service.
You can instruct your browser, by editing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit.
Links to Other Websites
BlazingSocial may contain links to other websites. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit Personal Information from you. Other sites follow different rules regarding the use or disclosure of the Personal Information you submit to them. We are not responsible for the content, privacy and security practices, and policies of third-party sites or services to which links or access are provided through the Service. We encourage you to read the privacy policies or statements of the other websites you visit.
- HOW WE MAY USE YOUR PERSONAL INFORMATION
We may use the Personal Information we obtain about you to:
- create and manage your account, provide our Service, process payments, and respond to your inquiries;
- manage account authentication such as two-factor authentication
- communicate with you to verify your account and for informational and operational purposes, such as account management, customer service, or system maintenance, including by periodically emailing you service-related announcements;
- publish content on social media platforms;
- aggregate your Personal Information for analytical purposes;
- provide customer support;
- operate, evaluate and improve our business (including by developing new products and services; managing our communications; determining the effectiveness of our advertising; analyzing how the Service is being accessed and used; tracking performance of the Service; debugging the Service; facilitating the use of our Service);
- send you marketing communications about products, services, offers, programs and promotions of BlazingSocial, and affiliated companies;
- ensure the security of our Service;
- manage our customer, service provider and partner relationships;
- enforce our agreements related to our Service and our other legal rights; and
- comply with applicable legal requirements, industry standards and our policies.
If you are located in the European Economic Area, we may process your Personal Information for the above purposes when:
- you have consented to the use of your Personal Information, For example, we may seek to obtain your consent for our uses of cookies or similar technologies, or to send you marketing communications.
- we need your Personal Information to provide you with services and products requested by you, or to respond to your inquiries,
- we have a legal obligation to use your Personal Information, or
- we have a legitimate interest in using your Personal Information. In particular, we have a legitimate interest in using your Personal Information to ensure and improve the safety, security, and performance of our Service, to anonymize Personal Information and carry out data analyses.
- HOW WE SHARE YOUR PERSONAL INFORMATION
We may disclose the Personal Information we collect about you as described below or otherwise disclosed to you at the time the data is collected, including:
Social Media Platforms
We engage certain trusted third parties to perform functions and provide services to us, including hosting and maintenance, error monitoring, debugging, performance monitoring, billing, customer relationship, database storage and management, and direct marketing campaigns. We may share your Personal Information with these third parties, but only to the extent necessary to perform these functions and provide such services. We also require these third parties to maintain the privacy and security of the Personal Information they process on our behalf.
Compliance with Laws and Law Enforcement
Market Focus, Inc. cooperates with government and law enforcement officials or private parties to enforce and comply with the law. To the extent permitted under applicable law, we may disclose any information about you to government or law enforcement officials or private parties as we believe is necessary or appropriate to investigate, respond to, and defend against claims, for legal process (including subpoenas), to protect the property and rights of Market Focus, Inc. or a third party, to protect Market Focus, Inc. against liability, for the safety of the public or any person, to prevent or stop any illegal, unethical, fraudulent, abusive, or legally actionable activity, to protect the security or integrity of the Service and any equipment used to make the Service available, or to comply with the law.
Other Third Parties
Market Focus, Inc. does not sell your Personal Information to any third party.
- HOW WE PROTECT YOUR PERSONAL INFORMATION
Market Focus, Inc. is very concerned about safeguarding the confidentiality of your Personal Information. We employ administrative and electronic measures designed to appropriately protect your Personal Information against accidental or unlawful destruction, accidental loss, unauthorized alteration, unauthorized disclosure or access, misuse, and any other unlawful form of processing of the Personal Information in our possession. Please be aware that no security measures are perfect or impenetrable. We cannot guarantee that information about you will not be accessed, viewed, disclosed, altered, or destroyed by breach of any of our administrative, physical, and electronic safeguards, subject to requirements under applicable law to ensure or warrant information security.
We will make any legally-required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored Personal Information to you via email or conspicuous posting on our Site in the most expedient time possible and without unreasonable delay, consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system , and any other disclosures that may be required under applicable law.
We also take measures to delete your Personal Information or keep it in a form that does not permit identifying you when this information is no longer necessary for the purposes for which we process it, unless we are required by law to keep this information for a longer period. When determining the retention period, we take into account various criteria, such as the type of products and services requested by or provided to you, the nature and length of our relationship with you, possible re-enrollment with our products or services, the impact on the services we provide to you if we delete some information from or about you, mandatory retention periods provided by law and the statute of limitations.
- YOUR RIGHTS AND CHOICES
If you decide at any time that you no longer wish to receive such marketing communications from us, please follow the unsubscribe instructions provided in any of the communications. Please be aware that, even after you opt out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding the Service.
In certain jurisdictions you have the right to request access and receive information about the Personal Information we maintain about you, to update and correct inaccuracies in your Personal Information, to restrict or object to the processing of your Personal Information, to have the information blocked, anonymized or deleted, as appropriate, or to exercise your right to data portability to transfer your Personal Information to another company. Those rights may be limited in some circumstances by local law requirements. In addition to the above-mentioned rights, you also have the right to lodge a complaint with a competent supervisory authority subject to applicable law.
Where required by law, we obtain your consent for the processing of certain Personal Information collected by cookies or similar technologies, or used to send you direct marketing communications, or when we carry out other processing activities for which consent may be required. If we rely on consent for the processing of your Personal Information, you have the right to withdraw it at any time and free of charge. When you do so, this will not affect the lawfulness of the processing before your consent withdrawal.
To update your preferences, ask us to remove your information from our mailing lists, delete your account or submit a request to exercise your rights under applicable law, please contact us as specified in the “How to Contact Us” section below.
- DATA TRANSFERS
- CHILDREN’S PRIVACY
The Site is not directed to persons under 18. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at firstname.lastname@example.org. We do not knowingly collect Personal Information from children under 18. If we become aware that a child under 18 has provided us with Personal Information, we will delete such information from our files.
- YOUR CALIFORNIA PRIVACY RIGHTS
Residents of California have the right to request a disclosure describing what types of personal information we have shared with third parties for their direct marketing purposes, and with whom we have shared it, during the preceding year. You may request a copy of that disclosure by contacting us at email@example.com
- HOW TO CONTACT US
Market Focus, Inc.
2307 Fenton Parkway #134
San Diego, CA 92108