Terms & Conditions

Terms and Conditions of Use

Introduction

Welcome to Social Reach, a social media marketing platform (the "Platform"). By accessing or using the Platform, you agree to be bound by these Terms and Conditions of Use (the "Terms"). If you do not agree to these Terms, do not use the Platform.
Eligibility
The Platform is intended for individuals who are at least 18 years old. By accessing or using the Platform, you represent and warrant that you are 18 years old or older and have the legal capacity to enter into these Terms.
Use of the Platform
You may use the Platform for lawful purposes only. You agree not to use the Platform:

To upload, post, transmit or otherwise make available any content that is illegal, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; To harm minors in any way; To impersonate any person or entity, including, but not limited to, a Social Reach official, or falsely state or otherwise misrepresent your affiliation with a person or entity; To forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Platform or to manipulate your presence on the Platform; To upload, post, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships; To upload, post, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; To upload, post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; To interfere with or disrupt the Platform or servers or networks connected to the Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform; To intentionally or unintentionally violate any applicable local, state, national or international law.

User Content
The Platform may allow you to upload, post, transmit or otherwise make available content, including but not limited to text, photographs, and videos (collectively, "User Content"). You retain all user rights in your User Content, and you are solely responsible for your User Content. By making any User Content available through the Platform, you grant to Social Reach a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit your User Content in connection with the Platform and Social Reach's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Platform (and derivative works thereof) in any media formats and through any media channels. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents, releases, and permissions necessary to grant the rights granted in these Terms; (ii) the User Content, and your submission of such User Content, does not and will not infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy; and (iii) the User Content is not and will not be defamatory, libelous, hateful, violent, obscene, pornographic, inappropriate, or otherwise offensive or illegal. User Conduct You agree that you will not engage in any conduct that is harmful or potentially harmful to the Platform or other users of the Platform. This includes, but is not limited to, distributing viruses or other harmful software, engaging in spamming or other unsolicited marketing activities, and attempting to gain unauthorized access to the Platform or other users' accounts.

Disclaimer of Warranties
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE". SOCIAL REACH DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOCIAL REACH MAKES NO WARRANTY THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, OR THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.
Limitation of Liability
SOCIAL REACH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF YOUR USE OF THE PLATFORM OR YOUR INABILITY TO USE THE PLATFORM, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SOCIAL REACH'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Indemnification
You agree to indemnify and hold Social Reach, its officers, directors, employees, agents, and partners harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your User Content, your use of the Platform, your violation of these Terms, or your violation of any rights of another person or entity.
Termination
Social Reach reserves the right, in its sole discretion, to terminate your use of the Platform for any reason, including, without limitation, if Social Reach believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Governing Law
These Terms and any action related thereto will be governed by the laws of the State of Australia, Canada, America and Europe, without regard to its conflict of law's provisions.

Dispute Resolution

Any dispute arising out of or relating to these Terms, or the Platform shall be resolved through binding arbitration in accordance with the commercial arbitration rules of the Australian Competition and Consumer Commission only. Any such dispute shall be resolved by a single arbitrator, and the arbitration shall be conducted in the State of Victoria, Australia. The parties agree to divide equally between them all costs incurred in connection with the arbitration, including without limitation, the fees of the arbitrator and the costs of the arbitration facility. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Miscellaneous
These Terms constitute the entire agreement between you and Social Reach with respect to the use of the Platform. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible. The failure of Social Reach to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. In the event of any conflict between these Terms and any contract you have entered into with Social Reach, the terms of such contract shall control.
Changes to Terms
Social Reach reserves the right, at its sole discretion, to modify or replace these Terms at any time. Your continued use of the Platform after any changes to these Terms constitutes your acceptance of the new terms. If you do not agree to any changes to these Terms, you must stop using the Platform.
Contact Information
If you have any questions or comments about these Terms, please contact us at info@socialreach.au