Thank you for hiring Streambank Media, LLC for your social media management needs. We appreciate your business!
In this document, “we,” “us,” “our,” and “our team,” pertain to Streambank Media, LLC, GhostTweeting (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.ghosttweeting.com, www.streambankmedia.com, or any future url of the Company. (“the Site”).
NO AFFIILATION WITH SOCIAL MEDIA SITES:
We are an independent company and are in no way affiliated with Twitter, Facebook, LinkedIn, Pinterest, Google+ 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 building your community intelligently, 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 your Social Media accounts (depending upon your program). This provides us with the agreed upon Scope of Services of posting updates on your behalf, engaging others, and following and unfollowing users from your account, depending on your specific program.
As a subscriber of our social media, blog, or newsletter service(s), you acknowledge and agree and give us express permission to access your social media account(s) to publish posts, add and delete contacts/followers/fans/friends, respond to other users, rebroadcast posts by others, initiate or maintain contact with other users, and/or perform any other action associated with our social media services. Tweets/posts will be coming directly from your account(s), under your name. You will be providing us with your social media user names and passwords to grant us access to your account(s).
We write posts based upon information on your websites, blogs, social media pages, products, reviews, testimonials, articles, or any other sources you provide us or that we discover. We also write posts in keeping with the content, general tone, and brand of your business, websites, and overall message. Posts include (but are not limited to) content directly from your site, relevant quotes from others, tips relating to your field of expertise, and general information. We also may post links to your sites and social media pages, as well as relevant sites. 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 the content is to your satisfaction. We will be scheduling and repeating your tweets/posts. If we post a tweet/post that you would prefer not to be repeated, please contact us by email at firstname.lastname@example.org, and we will remove it as soon as possible. If there are typos or misinformation contained in your tweets/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.
If your program includes daily engagement, some activities that we perform on your account may include: following and unfollowing other people; extending and accepting connection invitation requests; favoriting, liking, +1ing, pinning, sharing, and retweeting others’ posts; and responding to social media posts. You understand and authorize the performance of these activities.
Twitter, Facebook, LinkedIn, Pinterest, Google+, Instagram, 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, Google+, Instagram, and Pinterest. Despite the fact that we are writing and posting your tweets/posts and scheduling and/or automating your tweets/posts on your behalf, 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.
There is no long-term commitment with this service. You may cancel your subscription at any time prior to your next billing cycle. Simply send us an email at email@example.com, and we will not bill you any further.
We will not knowingly write or publish posts for “spammers” or anyone engaged in any illegal activity. We reserve the right to refuse to post for any suspected spammer and/or cancel your membership without prior 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 insure error-free content and accuracy in publishing your articles, you understand and agree to not hold Streambank Media, LLC, or any of its owners and employees responsible for errors in transmission or publication of newsletter or blogs.
ACCEPTANCE OF THESE TERMS:
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 tweets/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 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 firstname.lastname@example.org.
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.
The current payment methods available are: credit or charge cards from Visa, MasterCard, American Express, Discover; debit cards with the Visa or MasterCard logo; and PayPal (for one-time orders). Orders are processed only after a billing address, or other billing information, has been verified.
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 in social media, we cannot guarantee that your following, reputation, 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 AGGREGATE DOLLAR AMOUNT 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.
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.
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.
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: September 8, 2014