8020 Social Terms of Service
8020 SOCIAL, LLC
End User Agreement
April 12, 2019
ATTENTION: BY ESTABLISHING AN ACCOUNT AND GAINING ACCESS TO 8020 SOCIAL, YOU AGREE AND AFFIRM THAT YOU HAVE READ AND ACCEPT THESE TERMS. PLEASE READ THIS AGREEMENT CAREFULLY.
8020 Social, (sometimes referred to as “Eighty Twenty Social”) provides exclusive access to authentic stock photos and ready made graphics created exclusively for Eighty Twenty Social Subscribers
By using 8020 Social Content, you acknowledge and agree to the following:
- 8020 Social owns all right, title and interest in and to the 8020 Social Content. 8020 Social has the exclusive right to make the Content available to Subscribers.
- You have an active account with 8020 Social in your name, or in the name of your client for such client’s business purposes only.
- Except as expressly provided in these Terms, you may download Content for your own personal or business use. You may not permit unauthorized access to the Content.
- 8020 Social reserves the right to place limitations on the number of images you may download per day. Such limitations are listed on the Site.
- Nothing in this Agreement should be construed as granting, by implication or otherwise, any license or right to use the Content other than as provided below.
The Content is protected by copyright, trademark and other intellectual property laws and treaties. 8020 Social reserves any rights not expressly granted in this Agreement or the Image License. The Content may be used for lawful purposes solely by Subscribers. The Content is licensed to Subscribers for purposes set forth on the 8020 Social website (www.8020social.com) and for no other purpose. The Content is not sold. 8020 Social will permit you to use and benefit from the Content only in accordance with these Terms.
These terms and conditions govern your access to and use of the 8020 Social website and the Content.
- Definitions: The following terminology applies to these Terms:
- “Agreement” shall mean this 8020 Social End User Agreement.
- “8020 Social”, or “we” or “us” or “our” shall mean 8020 Social, LLC, a Florida Limited Liability Company.
- “8020 Social Site,” or “Site” shall mean the following: www.8020social.com, and such other sites as 8020 Social may establish, from time to time.
- “Devices” shall mean your personal computers, smart phones, tablet computers, x-boxes, or other mobile devices now in use, or in use at any future date with current technology or technology to be developed.
- “Fees” shall mean the charges established by 8020 Social for use of the Content. The Fees may be changed from time to time in our sole discretion.
- “Service(s)” shall mean the authorized access provided by 8020 Social to Subscriber to use the Content in connection with these Terms.
- “Support” shall mean the support provided by 8020 Social in its sole reasonable judgment, as more fully provided below.
- “Subscriber” shall mean the account you have established with 8020 Social to obtain access to and use of the Content. Your Subscription is subject to the terms of this Agreement and the full and timely payment of the Fees.
- “User,” “you”, “your” or “Subscriber” shall mean the Subscriber and user of the Services and the Content.
- Subscriber Obligations
As a Subscriber, you will have unlimited access to the Content, provided that you remain in compliance with the Terms of this Agreement. You understand and agree:
- Subject to your compliance with this Agreement, you have a non-exclusive, non-transferable, limited and revocable license to use the Content on the Devices.
- You are responsible for your use of the Content.
- Except as expressly provided in this Agreement, you may not permit any third party, without the prior written authorization of 8020 Social to (i) use or have access to the Content, (ii) copy the Content, (iii) modify, adapt, or create derivative works of or from the Content, (iv) use or repackage the Content for distribution, sale or other transfer. Any use of the Content, in any manner, not expressly authorized by this Agreement, or any attempted transfer, assignment, sublicense, rental, redistribution, or other unauthorized use shall be a material breach of this Agreement.
- It is your responsibility to install, acquire or upgrade (for example, your browser) any hardware and software required to use the Content or the Services.
- You are responsible for providing (i) all Devices used to access the Services, (ii) your own access to the Internet, (iii) payment of all Fees, and (iv) payment of all telephone or other fees associated with Internet access.
- 8020 Social shall not be liable for any loss or damage arising from the loss of any access to the Internet.
- 8020 Social shall not be liable for any loss or damage arising from the failure to post or otherwise use any social networking platform.
- Updates and Modifications
8020 Social reserves the right, for any reason, at its sole discretion, to modify, discontinue or terminate all or part of the Content, or to modify, discontinue or terminate the Services. It is your responsibility to check the 8020 Social Site and this Agreement periodically for changes. If we modify the conditions of this Agreement, we will post the modification on the 8020 Social Site. Your continued use of the Content following the posting of any changes to the Terms constitutes your acceptance of the changes. If the modified terms are not acceptable to you, your only recourse is to cease using the Services and the Content.
- Payment Terms for Services
The Fees or charges for use of the Content are posted on the 8020 Social Site and are incorporated in this Agreement. You must pay for your Subscription to use the Content as provided on the Site. Subscribers will be billed monthly in accordance with these Terms and Conditions. If you cancel your Subscription, or if payment is not received, for any reason, you will no longer have access to the Content.
Cancellation or renewal terms may be provided to you on the Site, or in communications or notices from us, or by the Terms of Service. All are incorporated in this Agreement by this reference.
- User’s Cancellation of Services
You may cancel the Services, or the right to use the Content, at any time. To cancel the Services, locate your active subscription in your account page, and then click the cancel button. Once you cancel the Services, you won’t be charged again, and you will no longer have access to the Content. You will remain responsible for whatever charges have already been incurred for your Subscription. We do not issue refunds or prorate any portion of a billing period.
- Rights and Remedies of 8020 Social
In addition to all other rights herein, 8020 Social reserves the following rights: (1) to suspend or terminate access to or use of the Content by anyone who violates these Terms; (2) to change or alter the Site, the form and nature of the Site or any Content provided through the Site, (3) to review, modify, filter, disable, delete and remove any or all Content from the Site; (4) to cooperate or comply with any law enforcement, court, government investigation, order or third party requesting or directing that we disclose information or the Content; and (5) to display advertising and promotions, which may be targeted to third parties. You agree that the foregoing are rights, but not obligations of 8020 Social, and that 8020 Social may, but is not obligated, to exercise any of these rights.
In addition to any remedies that 8020 Social may have at law or in equity, if 8020 Social reasonably determines that you have violated or are likely to violate the foregoing prohibitions, 8020 Social may take any action it reasonably deems necessary to cure or prevent any violation, including, without limitation, the immediate removal of Content or materials that violate the foregoing prohibitions from the Site. Further, 8020 Social may cooperate with any law enforcement authorities or court order or subpoena or third party requesting or directing 8020 Social to disclose the identity of anyone having access to or using the Content.
You acknowledge and agree that damages are an inadequate remedy in the event of an actual, intended or threatened breach of these Terms and that any breach by you will cause us irreparable injury and damage. Accordingly, you agree that we shall be entitled to preliminary and permanent injunctive relief in the event of an actual, intended or threatened breach by you, without any requirement to post a bond or prove any actual damages to you (and without waiving any additional rights or remedies, including monetary damages, otherwise available to us at law, in equity or by statute).
Upon termination of the Services, those provisions of the Terms of Service that expressly or by their nature survive will continue in full force and effect.
- Rights of Others
It is understood and agreed that you may not use, or in any manner cause others to use, the Content any Devices for unintended or unauthorized purposes. You agree that:
- You may not use the Content with any post or other content that is false, intentionally misleading, or which infringes or violates someone else’s rights or otherwise violates federal or state law or regulation.
- You may not use the Content with any other post any content with the intent to use, transmit, take, or otherwise convey any personal data of any Subscriber to a third party.
- You may not use the Content with any other post any content with the intent to mislead Subscribers or persons, entities, organizations or governmental authorities on any matters, real or fabricated, for the benefit of any person, political party, or foreign state interest.
- We may remove any use of the Content, together with other information you post if we have reason to believe that such use violates these Terms or our policies.
- If you repeatedly violate the Rights of Others, we will suspend or terminate your access to or use of the Content. Also, in this event, you agree to reimburse us for any fees or costs, including reasonable attorney’s fees.
- Availability of Services/Support
8020 Social does not warrant that the Content will be available 24-hours per day, 7-days per week. If your access to the Content is suspended or interrupted, or a fault or defect occurs which prevents your access to or use of the Content, 8020 Social will use commercially reasonable efforts to restore access to and use of the Content. 8020 Social shall not be responsible for any failure to use the Content with any current or future social networking platform. Subscriber understands and agrees to seek an appropriate response from such other platform or website it may wish to use in the event that support or use issues are unrelated to, and not within the control of 8020 Social.
Subscriber agrees to indemnify, defend and hold 8020 Social. And its members, directors, officers, employees and agents harmless from and against any and all claims, lawsuits, damages, obligations, losses, liabilities, costs and expenses, including, without limitation, attorneys’ fees, arising out of or in any way connected with (i) Subscriber’s use of the Content or Site, (ii) Subscriber’s breach of this Agreement, (iii) Subscriber’s violation of any third party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) Subscriber’s violation of any laws, rules, regulations, statutes, ordinances or orders of any governmental or quasi-governmental authorities; or (v) any misrepresentations made by Subscriber in its use the Content. Subscriber agrees to cooperate as fully required in the defense of any claim made against 8020 Social. 8020 Social reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and Subscriber will not in any event settle any claim without the prior written consent of 8020 Social.
- Disclaimer and Limitation of Liability
THE CONTENT, SITE AND THE SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, WHETHER ORAL, EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT USE OF THE CONTENT IS ENTIRELY AT YOUR OWN RISK. 8020 SOCIAL MAKES NO REPRESENTATION OR WARRANTY ABOUT THE QUALITY, ACCURACY, SECURITY, RELIABILITY, PERFORMANCE, COMPLETENESS, CURRENCY, CONDITION, DURABILITY, NON-INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY RIGHT, MERCHANTABILITY, TIMELINESS OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE OF THE CONTENT. 8020 SOCIAL DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY INCOMPLETENESS, ERRORS, SECURITY, VIRUSES, BUGS, PROBLEMS, OMISSIONS, INACCURACIES OR OTHER LIMITATIONS IN, OR INTERRUPTIONS IN THE PROVISION OF THE CONTENT AND MAKES NO WARRANTY THAT THE CONTENT WILL BE FREE OF INFECTION BY VIRUSES, BUGS, WORMS, TROJAN HORSES OR ANYTHING ELSE CONTAMINATING THE CONTENT. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL 8020 SOCIAL BE LIABLE FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION ANY (I) DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE LOSS OR DAMAGE, (II) LOST PROFITS OR SAVINGS, (III) BUSINESS INTERRUPTION, (IV) LOSS OF PROGRAMS OR DATA (INCLUDING ANY CONTENT), (V) LOST REVENUE OR FAILURE TO REALIZE EXPECTED SAVINGS, (VI) LOSS OF USE, (VII) PERSONAL INJURY, (VIII) FINES, FEES, PENALTIES, OR (IX) ANY OTHER LOSSES OR DAMAGES WHETHER OR NOT 8020 SOCIAL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE UNAVAILABILITY OF, RELIANCE ON, USE OF, THE INABILITY TO MAKE USE OF, OR IMPROPER USE OF THE CONTENT AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. NOTWITHSTANDING THE FOREGOING, THE MAXIMUM LIABILITY THAT 8020 SOCIAL SHALL INCUR SHALL BE LIMITED TO THE ACTUAL FEES PAID BY YOU FOR THE ONE (1) MONTH PERIOD PRIOR TO THE DATE WHEN THE APPLICABLE CLAIM AROSE.
- Governing Law/Exclusive Jurisdiction
- This Agreement will be governed by and construed in accordance with the laws of the State of Florida, USA, except for its conflict of law rules. The state courts of Brevard County, Florida, shall be the exclusive venue in the event of any action or proceeding with respect to the operation or construction of this Agreement. Subscriber understands and irrevocably consents to such exclusive jurisdiction.
- In any action to enforce this Agreement, the prevailing party will be entitled to recover its costs and attorneys’ fees. Any cause of action you may have with respect to the Content or Site must be commenced within one (1) year after the claim or cause of action arises.
- Severability/No Waiver
If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of this agreement, which will remain valid and enforceable according to its terms. No waiver of a breach of this Agreement shall constitute a waiver of any prior or subsequent breach of the Agreement.
This is the entire Agreement between 8020 Social and you relating to your access to and use of the Content. The Agreement supersedes all prior and contemporaneous representations, discussions, undertakings, and communications, whether electronic, oral or written, relating thereto. This Agreement may not be modified.
The parties are independent contractors and will so represent themselves in all regards. Neither party is the agent of the other and neither may bind the other in any way.
Subscriber may not assign the Terms or any part of the Terms without the express written consent of 8020 Social. Subscriber agrees that 8020 Social may assign the Terms or any part thereof at any time and for any reason without notice or Subscriber consent. 8020 Social may also delegate, subcontract or engage any third party to act on its behalf under these Terms, at any time and for any reason, without notice to or consent of Subscriber.
- Contact Us
If you have any questions or concerns about these Terms, please feel free to contact us by email to email@example.com