MG.Social – Terms of Service
By accessing or using the Services, you acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms. If you do not agree, then please do not use the Services.
The Effective Date of this Agreement is 5/11/2021
MG.Social reserves the right, in its sole discretion, to modify or add to this Agreement at any time, for any reason (“Updated Terms”). The Updated Terms shall be included in a revised version of this Agreement accessible through the Platform. MG.Social may provide notice of significant changes to this Agreement as required by law.
Your use of the Services following the posting of any Updated Terms constitutes your unconditional acceptance and agreement to be bound by those changes. You must cease using the Services immediately if you do not agree to be bound by the Updated Terms.
The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Services from that point forward.
The Service allows you to search, discover, view, share and in some cases, monetize your Submissions (defined below) and acts as a social media platform for individual account holders. Access to certain Services or features of the Services (such as, by way of example and not limitation, the ability to submit or share Submissions) may be subject to age restrictions and not available to all users of the Services.
You agree to the following conditions for your use of the Platform:
● MG.Social reserves the right to refuse access to the Platform to anyone at any time.
● You shall be solely responsible for anycontent, reviews, questions, comments, suggestions, ideas or other material (including but not limited to any first or third party data, text, information, Usernames, graphics, photos, profiles, audio, video clips, links, comments, videos, shares across other social platforms, and exchanges)that you submit through the Platform (“Submissions”), and the consequences of submitting your Submissions through the Platform.
● You agree that your Submissions to the Platform will not contain third-party copyrighted material or material that is subject to other third party proprietary rights unless you have permission from the rightful owner of the material.
You shall not and shall not permit anyone else to:
● “frame,” “mirror” or otherwise incorporate the Platform or the Platform design, copyrighted, trademarked assets such as logos, service marks and other intellectual property (the “Content”) or any part thereof on any commercial or non-commercial website or other application;
● Reverse engineer any aspect of the Platform or anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, Content or code of the Platform.
● Modify MG.Social’s Platform or modify another website, application or product offering so as to falsely imply that it is associated with MG.Social.
● Develop any third-party applications that interact with the Platform without our prior written consent.
● Deep-link to any portion of the Platform for any purpose.
● Transmit any worms or viruses or any code of destructive nature.
● Take any action that imposes or may impose an unreasonable or disproportionately large load on the Platform.
● Attempt to or assist or encourage others to circumvent, disable or defeat any of the security features or components that protect the Platform.
● Automate the use of the Platform. You must not launch any automated system, (including, without limitation, a computer program, software, bots or robots) that accesses the Platform in an unattended way.
● Remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Platform, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material.
● Copy, reproduce, modify, create derivative works of, distribute, transfer, sell, publish, broadcast, perform, transmit, publish, license or circulate in any form any part of the Platform or Content.
● Use the MG.Social Services or MG.Social Content for any political funding.
● Use the MG.Social Services or MG.Social Content to engage in any of the following restricted businesses
o Gambling (including, but not limited to, lotteries, bidding fee auctions, fantasy sports leagues with cash prizes, contests, sweepstakes, and games of chance.)
o Mug Shot Publication or Pay-To-Remove Sites
o No Value-Added Services (including, but not limited to, sale or resale of a service without added benefit to the buyer, resale of government offerings without authorization or added value, and services that are unfair, deceptive, or predatory toward consumers.)
● Use access of the Platform in a manner that violates the rights of any third party.
● Post, upload, publish, submit or transmit any Submissions, or engage in any behavior that:
o Infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy;
o Violates or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability;
o Is fraudulent, false, misleading or deceptive;
o Is defamatory, obscene, pornographic, vulgar or offensive;
o Promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
o Is violent or threatening or promotes violence or actions that are threatening to any person or entity; or
o Promotes illegal or harmful activities or substances.
Subject to your compliance with this Agreement, MG.Social permits you to access and use the Platform solely for the lawful purposes and only in accordance with the terms of this Agreement. MG.Social grants you a personal, revocable, non-exclusive and non-transferable limited license during the Term to permit you to access and use the Platform to access, interface with, interact with and use the Platform to search, discover, view, and share Submissions but only as enabled by a feature of the Services.
REMOVAL OF CONTENT BY MG.SOCIAL
MG.Social takes no responsibility and assumes no liability for any Submissions posted or submitted by you. MG.Social has no obligation to post your Submissions and reserves the right, in its absolute discretion to determine which Submissions are published on the Platform. If you do not agree to these terms, please do not provide us with any Submissions.
You are fully responsible for the content of your Submissions, specifically including, but not limited to, videos, photos, and comments posted to the Platform. You acknowledge that MG.Social may exercise its rights (e.g. use, publish, delete) regarding any Submissions without any notice to you.
You are required to provide an email address and create a password to request an account for the purpose of accessing, using, and communicating within the Platform. ( the “Account”). If approved, each Account and the user identification and password for each Account (the “Account ID”) is personal in nature. Each Account is for your personal use and each Account ID may be used only by you alone. You are fully responsible for all liabilities and damages incurred through the use of your Account or under any Account ID (whether lawful or unlawful) and that any transactions completed through any Account or under any Account ID will be deemed to have been lawfully completed by you.
TERM AND TERMINATION
MG.Social reserves the right to investigate, terminate, change, suspend or discontinue your access to and use of your Account or the Platform, at its sole discretion, at any time including without limitation the availability of any feature, database, or Content with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your use of the Platform. You may request cancellation of your Account at any time by sending an email to firstname.lastname@example.org or using another method of termination that may be provided through the Platform. However, upon termination, all provisions of these Terms which by their nature should survive will survive, including without limitation, obligations, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
REPRESENTATIONS & WARRANTIES
You represent and warrant that:
● You have the legal right and authority to enter into this Agreement;
● You have the legal right and authority to perform its obligations under this Agreement and to grant the rights and licenses described in this Agreement.
● You are older than the age of 18.
● You will review and follow any and all instructions provided by MG.Social when creating Submissions.
● You own the Submissions posted by you on or through the Platform or otherwise have the right to grant the license set forth in this Agreement, (ii) the posting and use of your Submissions on or through the Platform does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of your Submissions on the Platform does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Submissions you post on or through the Platform.
THE PLATFORM AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND MG.SOCIAL EXPRESSLY DISCLAIMS, AND YOU DISCLAIM ANY RELIANCE ON, ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE SUBJECT MATTER OF THIS AGREEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, COMPLETENESS, CURRENCY OR TIMELINES OF THE PLATFORM OR THE LIMITATION OR THE CONTENT. THE COMPANY MAKES NO WARRANTY WHATSOEVER THAT THE OPERATION AND AVAILABILITY TO ACCESS THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. MG.SOCIAL ALSO MAKES NO GUARANTEE AS TO THE ACCESS OR CONNECTIVITY WITH THIRD PARTIES, INCLUDING BUT NOT LIMITED TO COIL. MG.SOCIAL DOES NOT ASSUME ANY RESPONSIBLILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE PLATFORM OR THE CONTENT. IN ADDITION, MG.SOCIAL RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON THE PLATFORM.
MG.SOCIAL ALSO MAKES NO GUARANTEE AND DISCLAIMS ALL LIABILITY FOR YOUR INTERACTIONS OR DISPUTES WITH THIRD PARTIES THAT ARISE THROUGH USE OF THE SERVICE.
DMCA INFRINGEMENT NOTICES
MG.Social respects your copyrights and other intellectual property rights, as well as those of third parties. If you believe in good faith that your copyrighted work has been reproduced on the Platform without your authorization in a way that constitutes copyright infringement, you may notify our designated copyright agent by email at:
PO Box 846
Hollister, CA 95024
Please provide the following information to MG.Social’s Copyright Infringement Agent:
● The identity of the infringed work, and of the allegedly infringing work;
● your name, address, daytime phone number, and email address (if an email is available
● a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the owner, his or her agent, or the law;
● a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner; and
● your electronic or physical signature
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.
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 a notice from us, you may provide us with a counter-notification in writing to the MG.Social designated agent that includes all of the following information:
● Your physical or electronic signature;
● Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
● A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
● Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which MG.Social may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
MG.Social reserves the right, in its sole discretion, to terminate the account or access of any user of the Site who is the subject or repeated DMCA or other infringement notifications.
Qualified Submissions (defined below) may be monetized by a user. Using web monetization, a user who wishes to monetize their Submission (“Monetization”), subject to all terms of this Agreement and the limitations below, may be paid per Coil’s applicable rate (“Monetization Rate”). More information about Coil’s applicable payment rate can be found here. (valid as of 5/11/2021) For the purpose of Monetization, ‘Qualified Submission’ means Submission that meets the terms and conditions hereunder, meets Coils Terms of Service, that is posted on MG.Social, with monetization turned on, by a Qualified User and that is made available to other users. For purposes of Monetization, ‘Qualified User’ means a user with a valid MG.Social Account and a paid Coil subscription per Coil’s Terms, with properly configured monetization settings as described in this section. Users may only monetize Qualified Submissions when posting their own original, or otherwise lawfully used content. Monetization is available only for views of Monetized posts by users with a paid Coil subscription.
Before we can pay you, you must have a valid and active wallet registered at one of Uphold or GateHub services and you must successfully complete Coil’s payment enrollment process. All monetization generated by an Account Holder prior to providing the required information of a valid and active wallet to Coil shall be forfeited. All monetization generated by an Account Holder when any wallet provided to Coil by that Account Holder is invalid or inactive shall be forfeited. No payment will be made for any Submission that violates any of the provisions of this Agreement, including any Submission that is identified as potentially infringing the rights of any third party. Your acceptance of this Agreement does not guarantee access to Monetization. MG.Social reserves the right to provide or restrict your access to the Monetization in its sole discretion at any time. MG.Social may block Monetization in your Submission for any or no reason, even if the Submission otherwise complies with MG.Social’s terms or policies. Except as otherwise provided in this Agreement, there are no representations, warranties or guarantees, express or implied, about how much, or whether, you will receive payment.
All monetization payment shall be made directly to your wallet by Coil using ILP (Interledger Protocol). For more information on such payments, please see Coil’s or Interledger’s websites. You shall provide the address for your Uphold or GateHub wallets to Coil to ensure monetization payment is made. MG.Social will take commercially reasonable steps to monitor the Monetization payment moving from Coil to a user and allow the user to see how much monetization payment they have received. For any Qualified Submission in which you trigger Monetization, MG.Social will pay you the Net Revenue (defined below) derived from such Qualified Submission as solely determined by MG.Social. “Net Revenue” means (a) the sum of the Monetization Rate multiplied by the number of views per second of the Qualified Users who viewed your Submission, minus (b) deductions for any fraud or other legal violations, violations of MG.Social’s terms or policies, bad debt, chargebacks, refunds, credit card processing fees, and any third party fees and costs (such as but not limited to payments to third party rights holders in your Submission), or any other deduction all as solely determined from MG.Social’s records and figures and regardless of whether incurred in connection with the specific Qualified Submission or your other Submission in which Monetization is triggered Subject to Agreement and provided that you have accurately completed and timely provided to Coil or MG.Social any forms or documentation that Coil or MG.Social requests to set up payment to you (which payment information you must keep accurate and up-to-date) provided that you have the requisite authority to provide such information, payments will be made to you in accordance with this Agreement and the terms of service of Coil. If your account with MG.Social is deactivated or terminated, you forfeit any accrued amounts. MG.Social reserves the right to deduct from any payments due or payable to you any amounts that are past due and remain uncollected by MG.Social from you in connection with any other MG.Social Service. MG.Social is not responsible for, and will not adjudicate, any disputes between you and any other entity relating to (a) the payment information that you provide to Coil or (b) the payment or any apportionment of the payment between you and any third party.
In addition to Monetization, MG.Social allows user to tip certain Submissions using Xumm. Subject to Agreement, specifically PROHIBITED USES and THIRD PARTY MATERIALS, and subject to Xumm’s Terms of Service users may use the Service’s Xumm integration to send tips to other MG.Social users.
THIRD PARTY MATERIALS
The Platform may include certain open source or other third-party software, data, or other materials or links to third party websites, other apps and online services that are not owned, operated or controlled by MG.Social (“Third-Party Materials”). MG.Social does not endorse the information contained on Third-Party Materials or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked Third-Party Materials is not under MG.Social's control, and if you choose to access any such Third-Party Materials, you do so entirely at your own risk.
MG.Social may enable you to link your Account with a valid account on a third party social networking, email or content service such as Coil and Xumm (such service, a “Third-Party Service” and each such account, a “Third-Party Account”) by allowing MG.Social to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that, if necessary, you are entitled to disclose your Third-Party Account login information to MG.Social and/or grant MG.Social access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating MG.Social to pay any fees or making MG.Social subject to any usage limitations imposed by such third-party service providers.
By granting MG.Social access to any Third-Party Accounts, you understand that MG.Social may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible that you have provided to and/or stored in your Third-Party Account (“TPS Content”) so that it is available on and through the MG.Social Platform via your Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on the MG.Social Platform. You hereby authorize MG.Social to retrieve information from, and submit information to, such Third-Party Services at your request; and to provide Services relating to any information we retrieve from those Third-Party Accounts. Please note that if a Third-Party Account or associated service becomes unavailable or MG.Socials’s access to such Third-Party Account is terminated by the third-party service provider, then TPS Content will no longer be available on and through MG.Social. You may have the ability to disable the connection between your Account and your Third-Party Accounts. In most cases, we do not actually store the entirety of your TPS Content, but instead we collect and store the metadata associated with such TPS Content. You hereby authorized such collection and storage.
Relationship with Third-Party Services. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND MG.SOCIAL DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. MG.Social makes no effort to review any TPS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and MG.Social is not responsible for any TPS Content. You should note that a Third-Party Service may change or amend its guidelines and our access to it at any time, and we cannot guarantee that our Platform will always include a connection to such Third Party Service.
We may hire other companies to perform certain business related functions such as processing payments on our behalf. Our payment processing partner may request that you provide certain personal data (e.g., a valid government issued ID, your legal name, address, and date of birth) for the purpose of making payment through its financial institutions and complying with any federal and state laws and regulations. They may also communicate directly with you regarding any issues with a payment. Any information provided to our third party will be confidential and only be used for intended purposes.
Please note that payment processors and all Third Party Services may have additional privacy policies or statements that govern their practices in collecting, storing, using and disclosing your personal information. Read those privacy policies or statements carefully. You hereby represent and warrant to MG.Social that you have familiarized yourself and agree with those privacy policies or statements imposed by any Third Party Service with whom you encounter through the Platform.
DATA COLLECTION AND USE
Downloading and viewing of Content is done at your own risk. MG.Social cannot and does not guarantee or warrant that the Platform or the Content are compatible with your computer system or that the Platform or the Content, or any links from the Platform or the Content, shall be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Platform.
CONFIDENTIALITY OF YOUR COMMUNICATION
MG.Social does not guarantee the confidentiality of any communications made by you through the Platform. Although MG.Social generally adheres to the accepted industry practices in securing the transmission of data to, from and through the Platform, you understand, agree and acknowledge that MG.Social cannot and does not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Platform or Services.
DISPUTE RESOLUTION / GOVERNING LAW
To the extent permitted by law, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding and you agree that by entering into these terms, you are waiving the right to participate in a class action.
LIMITATION ON LIABILITY
MG.SOCIAL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), ARISING IN CONNECTION WITH OR OUT OF THE USE OF THE WEBSITE, CONTENT, OR SERVICES, EVEN IF MG.SOCIAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOSS OF SUBMISSIONS, OPPORTUNITY, REVENUES OR PROFITS, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. MG.SOCIAL’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT AND ALL SERVICES PROVIDED UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICES. IF YOU USE THE FREE LEVEL OF SERVICE, YOU ACKNOWLEDGE THAT, SAVE FOR ANY LIABILITY WE CANNOT EXCLUDE AT LAW, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE SERVICE. YOU AGREE THAT MG.SOCIAL WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, MG.SOCIAL’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
The limitations above reflect the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.
Limitations Period. YOU AND MG.SOCIAL AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS, THE MG.SOCIAL WEBSITE, OR THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
MG.Social shall be excused from performance under this Agreement to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion; (c) quarantines or embargoes; (d) pandemics; (e) labor strikes; (f) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of MG.Social.
If any portion of this Agreement is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms will remain valid and enforceable. Upon such determination that any term is invalid, illegal, or incapable of being enforced, you shall negotiate in good faith with MG.Social to modify this Agreement to effect the original intent of the drafters as closely as possible to the fullest extent permitted by applicable law.
GEOGRAPHIC USE OF PLATFORM
Not all of the Services described on the Platform may be available in all jurisdictions. Furthermore, nothing on the Platform constitutes an offer or solicitation to buy or sell any product or service to anyone in any jurisdiction in which such an offer or solicitation is prohibited by law.
QUESTIONS AND CONTACT INFORMATION
Please contact MG.Social if you have any questions about this Agreement at:
PO Box 846
Hollister, CA 95024
This Agreement is the complete and exclusive agreement between you and MG.Social regarding your access to and use of the Platform. This Agreement supersedes any prior agreement or proposal, oral or written, and any other communications between you and MG.Social relating to your use of the Platform (except for other agreements you may have or will enter with MG.Social for additional services). In the event of any conflict between the terms of any such agreement and this Agreement, then the terms of this Agreement shall control.