The Social Media Database

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE.

Social Media Database makes available information and other materials on this web site ("Materials"), subject to the following terms and conditions. By accessing this site, you agree to the terms and conditions as outlined in this legal notice. The Social Media Database reserves the right to change these terms and conditions from time to time at its sole discretion by updating this posting. You should visit this page periodically to review the current terms. Certain provisions of these terms may be superseded by expressly designated legal notices or terms located on particular pages at this site.

Ownership of Materials

information on this web site is protected by copyright laws and treaty provisions: Copyright © 2011 The Social Media Database. All Rights Reserved. Except as specifically permitted herein for current subscribers, no Materials on the The Social Media Database website may be reproduced in any form or by any means without prior written permission.

Trademarks

The trademarks, logos and service marks ("Marks") displayed on this web site are the property of The Social Media Database or other third parties such as our members, sponsors and partners. You are not permitted to use the Marks without the prior written consent of The Social Media Database or such third party that may own the Marks. "The Social Media Database" is a trademark of The Social Media Database Pty Ltd.

Use of this Website

Except where otherwise stated on particular pages of this web site, you may view, copy, share and print Materials available on this web site subject to the following conditions:

The Materials may be used solely for personal, informational, non-commercial purposes; The Materials may not be modified or altered in any way; Any copy of the Materials or portion thereof must include the copyright and any other proprietary notices that accompany or are contained within the Materials. If such Materials or portion thereof are not accompanied by a copyright notice you must include the copyright notice set out above (see "Ownership of Materials"); and The Social Media Database reserves the right to revoke such authorisation at any time, and any such use shall be discontinued immediately upon written notice from The Social Media Database.

Exclusion of Warranties

The Social Media Database makes no representation or warranty regarding the functionality or condition of this website, its suitability for use, or that its use will be uninterrupted or error-free. ALL MATERIAL OR INFORMATION ON THIS WEBSITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTIES OF ANY KIND. THE SOCIAL MEDIA DATABASE DISCLAIMS ALL WARRANTIES OR CONDITIONS, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

The information and materials on this website are not intended to provide specific technical or other advice for your individual circumstances, and you should consult your own professional social media consultants to determine how any information or materials provided on this website apply to your individual circumstances. These exclusions are in addition to any specific exclusions otherwise provided in these terms and conditions. To the extent the jurisdiction to which you are subject does not allow exclusion of certain warranties, such exclusions which are not permitted do not apply.

Limitation of Liability

THE SOCIAL MEDIA DATABASE WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES FOR USE OR INABILITY TO USE MATERIAL, PRODUCTS OR SERVICES OF ANY KIND, DELAY OF OR PARTIAL DELIVERY, TERMINATION OF RIGHTS OR LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL, WHETHER BASED IN CONTRACT OR IN TORT OR OTHER LIABILITY TO PROVIDE INDEMNIFICATION OR ANY OTHER REMEDY. THIS LIMITATION APPLIES WHETHER OR NOT THE SOCIAL MEDIA DATABASE HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF THE SOCIAL MEDIA DATABASE FOR DAMAGES UNDER OR RELATED IN ANY WAY TO THESE TERMS AND CONDITIONS, WHETHER FOR A SINGLE OCCURRENCE OR SERIES OF OCCURRENCES, WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO THE SOCIAL MEDIA DATABASE PURSUANT TO THESE TERMS AND CONDITIONS. This limitation on monetary damages will not apply to claims relating to death or personal injury, which arises out of products, deemed to be consumer goods under applicable law. Your sole and exclusive remedy is to discontinue using and accessing this website. To the extent the jurisdiction to which you are subject does not allow certain other limitations, such limitations, which are not permitted, do not apply.

Monitoring

THE SOCIAL MEDIA DATABASE may monitor access to, discussions and postings on and other activities relating to the site across any of it's related sites, and intervene in relation thereto but does not make any representation or warranty that it will do so. You consent to any such monitoring and intervention in the event The Social Media Database elects to do so.

Links

Links and references to other websites are provided to you as a convenience only. The Social Media Database has not reviewed and does not expressly or impliedly endorse other websites or any information or material, or the accessibility thereof, via such links, and does not assume any responsibility for any such other websites, information or material posted thereon, or products or services offered thereon.

Governing Law and Jurisdiction

This web site (excluding linked sites) is controlled by The Social Media Database from its offices within New South Wales, Australia. By accessing this web site, you and The Social Media Database agree that all matters relating to your access to, or use of, this web site shall be governed by the statutes and laws of the State of NSW, Australia, without regard to the conflicts of laws principles thereof. You and The Social Media Database also agree and hereby submit to the personal jurisdiction and venue of the courts of the State of NSW with respect to such matters. The Social Media Database makes no representation that materials on this web site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

Severability

If any provision of these Terms of Use is declared by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision or part thereof which is necessary to render the provision valid, legal and enforceable, shall be severed from the agreement and the other provisions and the remaining part thereof of that provision shall remain in full force and effect.

Benefit of Agreement

These Terms of Use are binding upon and shall ensure to the benefit of The Social Media Database and any related entities now or in the future.

Payments etc.

A valid credit card is required for paying accounts.

The Services are billed at the time of subscribing for one year's fee and the fee is non-refundable. There will be no refunds or credits for partial months of service, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.

For any renewal of the annual fee, on your acceptance to renew your subscription, your credit card that you provided will be charged the current annual subscription rate on the date your subscription expires.

Cancellation

The Social Media Database makes it easy to cancel your subscription by choosing not to renew the subsequent renewal fee as it falls due, although we are hoping you will continue. This means by signing up, you are a subscriber for 12 months.Termination

We reserve the right, at our sole discretion, to terminate your access to all or part of The Social Media Database, in the event of you breach these Terms of Use, with or without notice. Such termination of the Services will result in the deactivation or deletion of your account or your access to your account.

The Social Media Database reserves the right to refuse service or the Services to anyone for any reason at any time.