STREAMBANK MEDIA, LLC
TERMS OF SERVICE

 

DEFINITIONS:

In this document, “we,” “us,” “our,” and “our team,” pertain to Streambank Media, LLC and Ghost Tweeting (collectively “the Company”) and employees, subcontractors, or other representatives of the Company. The terms “you,” “subscriber,” and “member” pertain to you. “You”, “you,” “your,” “subscriber,” and “member” refer to each entity or individual that purchases services (“Services”) from www.streambankmedia.com, www.ghosttweeting.com, or any other current or future URL of the Company (“the Site”).

NO AFFILIATION WITH SOCIAL MEDIA SITES:

We are an independent company and are in no way affiliated with Twitter, Facebook, LinkedIn, Instagram, Pinterest, YouTube, or any other social network or social media tool, program, site, or company.

SCOPE OF SERVICES:

Our goal is to maximize your impact on social media by creating quality content, building your community/following, increasing your online visibility, promoting your brand, and driving traffic to your website, blog, sales page, or social media pages. To accomplish this, we require access to one or more of your social media accounts, depending on your program. This access provides us with the ability to provide the agreed upon scope of services, which may include posting content on social media sites, engaging other social media users, extending and accepting connection invitations, and following and unfollowing users from your account, and many other activities, depending on your specific program.

As a subscriber of our social media, content development, consulting, blog writing, newsletter, or other service(s), you acknowledge and agree to give us express permission to access your social media account(s) to publish content, add and delete contacts/connections/followers/fans/friends, respond to other users, rebroadcast posts by others, initiate or maintain contact with other users, like or share others’ posts, comment on others’ posts, and/or perform any other action associated with our social media services. Social media posts will be coming directly from your account(s), under your name, your company’s name, or another name associated with your account(s). You will be providing us with your social media user names and passwords to grant us access to your account(s).

We write and post content based on information on your intake questionnaire and/or consultation, website pages, blogs, social media pages, product or service descriptions, reviews, testimonials, articles, or any other sources you provide us or that we discover. In addition, we write and post content from outside sources that we believe align with your or your company’s brand, messaging, goals, expertise, or preferences. Depending on your program, we also may create, curate, and/or publish content in the form of text posts, graphics, videos, and other media. We may also provide links to your website(s) or other sites on the internet. Although we are writing and publishing your posts, you maintain full responsibility for the content and links associated with each post, including compliance with all domestic and international laws governing your business and your online activities.

It is your responsibility to review your account to ensure it is to your satisfaction. If we create, curate, publish, share, reshare, or comment on content that you do not want published on your social media sites, please contact us immediately and we will delete or edit the content you want modified or removed.

We may be repeating your posts on multiple platforms, depending on your program. If we publish content that you would prefer not to be repeated, please contact us by email at info@streambankmedia.com, and we will remove it as soon as possible. If there are typos or misinformation contained in your posts (despite our efforts to post error-free and accurately), we will correct them as soon as we are made aware of the discrepancies/errors.

We are not experts in your field. If your program includes us writing content, we perform research to locate information to write your social media posts. You are responsible for reviewing and ensuring the accuracy of all content we write. You agree to hold us harmless for any damage caused to you or others by content we write, schedule, and/or publish on social media.

You acknowledge that your sole remedy for having inaccurate or undesirable content published on your social media accounts is the modification or deletion of the content.

If your program includes daily engagement, some activities that we perform on your account may include: following and unfollowing other social media users; extending and accepting connection invitation requests; liking, sharing, retweeting, regramming, or pinning others’ posts; sending publish and private messages to other users; commenting on or responding to social media posts; and performing other activities aimed at increasing your visibility or reaching your goals on social media. You understand and authorize the performance of these activities.

You acknowledge that your sole remedy for us following or connecting with people, companies, organizations, or any other user on social media to whom you do not want to be connected is unfollowing those users or organizations, or removing those connections.

Twitter, Facebook, LinkedIn, Instagram, Pinterest, and all other social media networks have the right to terminate your accounts with them indefinitely. If this happens, we have no ability to recover your account(s) on your behalf. You are fully responsible for complying with terms of service, rules, restrictions, and other guidelines of Twitter, Facebook, LinkedIn, Instagram, Pinterest, and other networks. Despite the fact that we are writing, scheduling, and posting content on your behalf, following/unfollowing accounts, extending and accepting connection invitations, and other general social media activities, you maintain full responsibility for all actions associated with your accounts.

If your social media account(s) should be terminated, you agree to hold us harmless for any damage caused to you or others by this action.

Unless special arrangements have been made, all of our services are subscription services, billed either monthly or quarterly. You may cancel your subscription at any time prior to your next billing cycle. Simply send us an email at info@streambankmedia.com indicating your desire to terminate your program, and we will not bill you any further. We will, however, complete your current term of service, unless directed otherwise.

We will not knowingly write or publish posts or perform social media management activities for “spammers” or anyone engaged in any illegal activity. We reserve the right to refuse to post or perform social media activities for any suspected spammer and/or cancel your membership without prior or advance notice if we suspect in our sole discretion that you are engaging in any illegal activity. We will not be liable to you for a refund of fees or for any damages, direct or indirect, for such refusal or cancellation.

NEWSLETTER AND BLOGGING SERVICES:

While every effort will be made to ensure error-free content and accuracy in writing or publishing your articles, you understand and agree to not hold Streambank Media, LLC, or any of its owners, employees, or contractors responsible for errors in transmission or publication of newsletters or blogs.

We are not experts in your field. If your program includes us writing articles, we perform research to locate information for your articles. You are responsible for reviewing and ensuring the accuracy of all materials we write.

If your program includes writing services, such as social media profile development, website copy development, promotional material writing, speech writing, presentation writing, article writing, proposal writing, or any other type of writing, you acknowledge and agree that the Company and its representatives are not experts in your field and do not offer any guarantee of accuracy or results in any written work we provide. You are fully responsible for reviewing all written materials we provide for accuracy, relevance, content, best practices, and compliance with any laws pertaining to your industry, region, or business. You agree to hold us harmless for any damage caused to you or others by materials written by us or published on your behalf.

CONSULTING, COACHING & GROUP MEMBERSHIP:

If your program includes coaching or advice, or if you hire any employee or principal of the Company for consulting or coaching services, you acknowledge and agree that any advice provided is solely based upon the opinions of the employee or principal, and do not carry with it a guarantee of any outcome. No guidance or advice provided by an employee or principal of the Company should be interpreted as legal or financial guidance or advice. You are fully responsible for complying with all federal, state, and local laws pertaining to your business, your industry, and your conduct. You agree to hold us harmless for any damage caused to you or others by advice or guidance provided to you by an employee or principal of the Company.

The Terms of Service contained in this document extend to every program and service offered by the Company, including group coaching and Shine 365.

ACCEPTANCE OF THESE TERMS:

By filling in your information and subscribing to any of our membership programs, YOU AGREE TO BE BOUND BY AND ACCEPT THIS TERMS OF SERVICE, AS WELL AS THE COMPANY’S TERMS OF USE POSTED ON ITS SITE, WHICH ARE INCORPORATED HEREIN BY REFERENCE.

HOLD HARMLESS AND SOLE REMEDY:

You agree to hold us harmless for any damages caused by errors, typos, inoperable links, incorrect information, or other information or links contained in your social media or blog or newsletter posts. You agree to hold us harmless and indemnify us fully for any claims or damages caused by a violation of any domestic or international law that governs your business or your online activities (see “Indemnification” below). You agree to hold us harmless for any damages to you or others caused by social media activities we perform on your account(s).

You acknowledge and agree that our liability is limited to the amount equal to the fee charged to you for one month of our Services.

We do not warrant that the service descriptions or photographic/video representations on the Site are accurate, complete, reliable, current, or error-free. Service offerings displayed on the Site are available only while supplies last or while our team has availability to assist you with your requested services. Results described in testimonials on our websites, blogs, and social media accounts are not typical. Results vary for each member.

In addition, the particular technical specifications and settings of your computer and its display could affect the accuracy of its display of services offered on the Site. If any Service you purchase from the Company is not as described, your sole remedy is to cancel your subscription. No refunds will be given under any circumstances.

If you have any questions regarding a purchase or if you do not recognize a charge on your billing statement, please contact us by way of the means provided on our “Contact Us” page, or email us at info@streambankmedia.com.

PRICING AND TAXES:

The prices displayed on the Site are quoted in U.S. dollars and are valid and effective only in the United States. For purchases made outside of the US, your pricing might vary or be subject to import/export taxes or duties, or other types of taxes, for which you are fully and solely responsible.

If the Company determines your purchase is subject to sales or other tax, a separate charge for taxes will be shown on your order form or invoice and you will be fully responsible for paying that tax before products will ship or before services can be delivered or continued.

PAYMENT METHODS

The current payment methods available are: credit or charge cards from Visa, MasterCard, American Express, Discover; debit cards with the Visa or MasterCard logo; PayPal (for one-time orders). Orders are processed only after a billing address, or other billing information, has been verified. Other payment methods may be possible with written authorization from Company CEO or President.

CANCELLATIONS AND REFUNDS

This is a subscription service, where your account is charged at regular intervals. To cancel your service, simply send an email to info@streambankmedia.com stating your desire to cancel your subscription and you will not be billed again. Please note: Once your account has been charged for an initial or new term, we assign personnel and begin with the following month’s deliverables immediately. No refunds will be provided.

LIMITED WARRANTY AND DISCLAIMER

The information on the Site, the Services offered for sale and materials contained in and/or advertised on the Site, including, without limitation, text, graphics and links, are provided on an “As Is” basis with no warranty. In addition, we and our suppliers, contractors and/or employees do not represent or warrant that the information accessible via the Site is accurate, complete or current. We are not responsible for typographical errors. Price and availability information is subject to change without notice.

While it is our goal to increase your following and visibility on social media, we cannot guarantee that your following, reputation, engagement, business or the like will be increased or improved by the use of our services, and we hereby disclaim and you release us from any and all damage, claims or other liability for the affect our Services has on your business, reputation, online following or the like.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS, CONTRACTORS AND/OR EMPLOYEES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES PROVIDED, AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOU AGREE AND ACKNOWLEDGE THAT YOU USE OUR SERVICES AND OUR SITE AT YOUR OWN RISK.

LIMITATIONS OF LIABILITY

THE COMPANY DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR SERVICES NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. THE COMPANY WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, DIRECT, INDIRECT, OR STATUTORY DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF SERVICES WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, INFRINGEMENT, TORT, STRICT LIABILITY IN TORT OR OTHERWISE, THE COMPANY SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE DOLLAR AMOUNT EQUAL TO ONE MONTH OF SERVICE PAID BY YOU FOR THE PURCHASE OF SERVICES UNDER THESE PURCHASE TERMS GIVING RISE TO SUCH LIABILITY.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

EXPORT LAWS

The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations, including but not limited to the Export Administration Act and the Arms Export Control Act, and not to transfer, by electronic transmission or otherwise, any materials or information derived or purchased from the Web Site to either a foreign national or a foreign destination in violation of such laws. You are solely responsible for knowing and complying with the laws, both domestic and international, that govern your business and your online activities. You must provide us with instructions on such compliance upon signing up for our services.

JURISDICTION, VENUE, STATUTE OF LIMITATIONS

This Terms of Service shall be deemed to have been formed in and is governed by the laws of the State of New Jersey, USA, without reference to its conflicts of laws principles. You agree that any action at law or in equity arising out of or relating to this Web Site, the Terms of Service, or the Services of the Company shall be filed exclusively in the state or federal courts located in Monmouth County, State of New Jersey, and you hereby consent and submit to the personal jurisdiction of such courts.

You agree that regardless of any law or statute to the contrary, any claim or cause of action arising out of or relating to our Site(s), this Terms of Service, or the Services of the Company must be filed within one (1) year of the date the cause of action arose or be deemed waived and forever barred as untimely.

INDEMNIFICATION

You agree to defend and indemnify the Company fully and its employees, contractors and suppliers from any claim, demand, fine, tax, duty, fee, settlement amount or judgment including reasonable attorney’s fees, arising from your failure to comply with these Terms, your violation of any law or of the rights of a third party.

ADDITIONAL TERMS

If any provision of this Terms of Sale is held to be invalid or unenforceable, in whole or in part, such holding shall not affect the validity or enforceability of the other provisions of this Terms of Service, and any part of such provision not held invalid or unenforceable shall remain in effect.

If such holding of invalidity or unenforceability is based on a measure of liability, performance, or time set as a standard in this Terms of Service, such provision shall be replaced by a legally valid measure of liability, performance, or time which is as close as possible to that originally specified.

Notwithstanding anything herein to the contrary, the “Limited Warranty” and the “Limitation of Liability” language shall survive the termination of this Terms of Service.

The provisions of this Terms of Service will inure to the benefit of and be binding upon the Company and its successors and assigns, and you and your heirs, executors, administrators, successors, and personal representatives, and all persons you represent and their respective successors, assigns and related persons.

You and the persons you represent may not assign your rights and obligations under this Terms of Service without the express prior written consent of the Company, which may be withheld by the Company in its sole discretion.

The Company may assign this Terms of Service and its rights and obligations under this Terms of Sale without your consent or the consent of any persons you represent.

THE COMPANY’S FAILURE TO ENFORCE ANY PROVISION OF THE PURCHASE TERMS OR TO ACT WITH RESPECT TO A BREACH OF THE PURCHASE TERMS BY YOU SHALL NOT BE DEEMED A WAIVER OF SUCH PROVISION NOR OF THE COMPANY’S RIGHT TO ACT WITH RESPECT TO SUBSEQUENT OR SIMILAR BREACHES, NOR OF THE COMPANY’S RIGHT TO ENFORCE SUCH PROVISION.

Nothing contained in this Terms of Service shall be deemed to constitute either party as the agent or representative of the other party, and no joint venture or partnership relationship has been created between the parties.

Effective date: January 1, 2020
© 2020 Streambank Media, LLC