Terms and Conditions
1. ACCEPTANCE OF TERMS.
Ghost Media Corp. ("GMC"), owns and operates this website (the Site). The Site, together with the content, programs, tools, information sharing, transactions and other services available at the Site, are collectively referred to herein as the Service. The terms "we', "us", "our", "Ghost Post" and "GMC" refer to Ghost Media Corp.
The following are the current terms and conditions for use of this Site and Service. The Service is provided to you when you subscribe to become a User (as such terms are defined below). The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein (Terms of Service). A User is someone who accesses, browses, subscribes to, or uses the Site. The terms "you"and "your" refer to you, as a user of the Site or Service.
You permit GMC to speak on behalf of your company, to access your social media profiles, and to engage with your existing and potential clients freely. You agree that GMC has the right to communicate with your followers, customers, fans etc, use your logos, trade marks and images and represent itself as your company. You agree that the accounts created by GMC are your own property and therefore it is your duty to ensure their active status and your and our free access to the accounts. GMC will provide ongoing updates to your pages during normal business hours on weekdays from 9-6pm and on weekends as GMC deems appropriate. GMC will respond to time sensitive comments and postings as soon as reasonably possible. Any harmful defamatory comments or complaints will be brought to your attention, when appropriate, prior to GMC's involvement for direction.
Social media is an essential tool for success in business today. By becoming part of the conversation, you can start connecting directly to your customers, as well as finding new ones, easily and inexpensively spreading the word about your products or services. Please note that this Agreement does not replace any prior written Agreements you may have already executed. If there is any conflict between the Terms of Service and those of any prior written Agreement, the terms of the prior written Agreement shall control.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF SERVICE, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO ENTER INTO THIS AGREEMENT, THEN DO NOT ACCESS OR USE THE SERVICE. COMPLETING THE SUBSCRIPTION PROCESS OR OTHERWISE ACCESSING OR USING ALL OR ANY PART OF THE SITE OR SERVICE WILL CONSTITUTE ACCEPTANCE AND CREATE A LEGALLY ENFORCEABLE CONTRACT UNDER WHICH YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF SERVICE, WITHOUT MODIFICATION.
GMC reserves the right, at its sole discretion, to modify or replace the Terms of Service in whole or in part, at any time. Change notices may be communicated by postings at the Site. Users should periodically check the Terms of Service for changes. Continued use of the Service following such posted notice of any change to the Terms of Service indicates your acceptance of those changes.
GMC may modify or terminate the Service, in whole or in part, at any time.
3. USERS AND SIGNING UP.
The term User means you, together with the business or other entity (including all employees, agents, contractors or assistants) for which you are accessing or using the Service. Under the Terms of Service, any employee of a User shall be deemed to be acting on behalf of that employer at all times. Each User that properly completes the subscription process shall also be considered a User for the purposes of the Terms of Service. GMC may refuse to offer or continue offering the Service to any person or entity and may change its eligibility criteria from time to time.
To become a User, you must complete the subscription process by providing GMC with current, complete and accurate information, as more specifically required by the then current subscription procedures. Users may be required to specify a username and password, and to provide your name, company name, address, zip code, electronic mail address and more; in order to obtain certain aspects of the Service, you must also provide access information related to your accounts at social networking sites; and in order to obtain certain other aspects of the Service, you may be required to provide valid credit card or mobile telephone account information for billing purposes. Users shall maintain and update their registration data from time to time, to ensure that it is always current, complete and accurate. Users may subscribe for the Service at http://ghostpost.com/pricing/. GMC may refuse to accept your application to register as a User, in its sole discretion.
GMC will use User’s social networking account information only for the purpose of providing the Service to User, and will not otherwise attempt to obtain information from (or post information using) such accounts.
Through subscribing or purchasing the Service provided by GMC, you agree to a minimum retainer term of three months, whereby you must pay monthly for the Service at the agreed upon price in full and at the beginning of each subscription month. You shall pay no later than 14 days from the invoice date for the current period of service. Should payment reach 14 days or more past the due date, GMC may take whatever action it deems appropriate, including suspension of all postings and termination of the Service, although you will still be responsible for the monthly retainer fees that will accrue for the duration of the Agreement. YOU UNDERSTAND THAT ALL FEES ARE NON REFUNDABLE. Upon expiry of the minimum three month term, GMC will continue to provide the Service and billing will automatically continue on a monthly basis, although you can terminate or amend your subscription on 5 business days' notice, at which point you will avoid any and all future charges. You cannot terminate or request a refund for a billing cycle that has already begun. You will provide a valid credit card for paying accounts and by reading the terms of this Agreement, agreeing and executing, you agree and fully authorize all such charges to the credit card account(s) maintained with GMC. We are an honest company and will do our very best to ensure that we are providing the highest level of Services across the board. If you have any questions, please do not hesitate to contact us at anytime email@example.com.
6. USER CONTENT.
You are responsible for any text, photos, audio, video and other forms of data or communication that you create, authorize or submit via the Service ("User Content"). GMC has no obligation to monitor the User Content applied to the Service. The User shall assume all risks associated with the User Content, including any reliance on its accuracy, completeness or usefulness. You warrant that you own, or have the permissions to use, or authorize use of, the User Content.
You understand that you may expose yourself to liability if the User Content violates any third-party right rights, including any Intellectual Property rights, contains false, misleading, unlawful or defamatory information or violates any law or regulation. GMC does not undertake to pre-screen, validate, monitor or edit any User Content. However, GMC and its employees have the right, at their sole discretion, to remove at any time any User Content that, in GMC's judgment, does not comply with the Terms of Service or any Primary Agreement or otherwise appears illegal, harmful or inaccurate. GMC is not responsible for any failure or delay in removing any such content.
However, GMC reserves the right at any time and without notice to monitor, review, retain or disclose any User Content as necessary to satisfy any applicable law or regulation.
By uploading, posting, submitting or otherwise distributing User Content of any kind via the Service, the User: (a) grants and agrees to grant to GMC and its affiliates a transferable, non-exclusive, royalty-free license to use, reproduce, publicly display, modify, delete from, distribute, promote and make derivative works of the User Content, in any form, solely for the purposes of offering, providing, marketing and promoting the Site and Service; and consents to inclusion of your name and logo in customer lists that may be published as part of GMC's marketing and promotional efforts; and (b) represents and warrants to GMC that User owns or controls all rights to such User Content and that public disclosure and use of the User Content by GMC will not infringe or violate the rights of any third party; and (c)acknowledges and agrees that the User Content will be made available to, and used by GMC and third parties.
IMPORTANT: User agrees not to contribute any User Content unless User has all of the rights (including rights from the copyright owner) necessary to grant GMC the license, and to satisfy all of the warranty requirements, described above.
7. PROPRIETARY RIGHTS.
User acknowledges and agrees that the Site, Service and all content and other materials created by or for GMC and made available on the Site or via the Service are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws ("Intellectual Property"), and GMC (and its licensors) shall own and retain all rights, title and interests (including all intellectual property and proprietary rights) therein and thereto. As between you and GMC, GMC owns and retains all intellectual property rights in all data and information created, received or processed by GMC in performing the Service, or that result from performance of the Service, excluding content provided by you to GMC.
Reproducing, copying or distributing any content, materials or design elements from the Site for any other purpose is strictly prohibited without GMC's express prior written permission.
GMC may suspend or terminate your access to all or any part of the Service for any reason at any time, with or without cause, with or without notice, effective immediately.
You can terminate your subscription after the minimum 3 month commitment as set out above and are solely responsible for terminating your subscription. In order to cancel your subscription, you must telephone and speak with your Account Manager (and send an email to firstname.lastname@example.org) at least five business days before your next billing date. Sending only an email or a voicemail message to GMC are not valid methods of cancellation.
Upon any termination, all rights and obligations of the parties shall cease and User shall immediately cease using the Service, except that all obligations that accrued prior to the effective date of termination (including without limitation, all payment obligations) and all remedies for breach of the Terms of Service shall survive. After termination, GMC has no obligation to maintain any content in any of your accounts or to forward any unread or unsent messages to you or any third party and in effect your subscription will be deactivated.
[GMC's sole liability in connection with termination under this section shall be an obligation to return a pro-rated portion of any pre-paid fees applicable to the period after such termination (calculated on a straight-line depreciation basis).]
9. DISCLAIMER OF ALL WARRANTIES.
THE SITE AND SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE”. THE SITE AND SERVICE ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. GMC AND ITS AFFILIATES, LICENSORS AND SUPPLIERS DO NOT WARRANT THAT: (A) ANY INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (B) THE SERVICE WILL BE SECURE, ERROR-FREE, UNINTERRUPTED OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) ANY RESULT OR OUTCOME CAN BE ACHIEVED. NO ADVICE THAT YOU RECEIVE FROM GMC OR THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN. USER’S USE OF THE SERVICE IS SOLELY AT ITS OWN RISK.
10. LIMITATION OF LIABILITY.
User agrees that GMC shall not be responsible or liable for any unauthorized access to, alteration or use of User’s account, transmissions or data, or any material or data sent or received or not sent or received through the Service. User agrees that GMC is not responsible or liable for any threatening, defamatory, obscene, offensive, illegal or other content or conduct of any third party or any infringement of another’s rights, including intellectual property rights.
GMC does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content, content posted by GMC or third party content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to third party Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will GMC be liable in any way for any content, 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 posted, emailed, transmitted or otherwise made available via the Services or elsewhere.
IN NO EVENT SHALL GMC, ITS EMPLOYEES, AGENTS, OWNERS, AFFILIATES OR SPONSORS BE LIABLE TO THE USER CONCERNING ANY LIABILITY, INJURY, LOSS, DAMAGE OR CLAIM OR ANY OTHER SUBJECT MATTER RELATED TO THE SITE OR SERVICE, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, (C) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, REGARDLESS OF WHETHER GMC WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL GMC'S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE EXCEED THE AMOUNTS PAID TO GMC BY THE USER DURING THE PRIOR 3-MONTH PERIOD. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.
You agree to indemnify and defend GMC and its employees, contractors, officers, affiliates, directors and representatives against all damages, losses, liabilities, costs and expenses (including reasonable attorneys' fees) arising directly or indirectly from any action or suit in connection with (a) User's negligent, reckless or intentionally wrongful act or misuse of the Service; (b) User's breach of any of its representations, warranties or covenants under these Terms of Service; (c( User's failure to conduct business in accordance with all applicable laws, rules and regulations; (d) User's failure to perform its obligations under these Terms of Service; or (e) any breach or a claimed breach of a third party's rights resulting from GMC's reliance on User's performance of its obligations under these Terms of Service.
GMC makes no representation that the Service is appropriate or legally available for use in locations outside the United States. Users that access the Service from other locations do so at their own initiative and are responsible for compliance with local laws.
This Agreement shall be governed by the laws of the State of California without regard to its principles or provisions regarding conflict of law. Each party expressly consent to the jurisdiction of the state and federal courts of Los Angeles, California to resolve any dispute arising from the Agreement.
You and GMC agree that any claim or cause of action arising out of or related to the Service must commence within one (1) year after the claim or cause of action arose; otherwise, such cause of action is permanently barred.
The Terms of Service (including the Policies, and together with any Primary Agreements) are the entire agreement between you and GMC with respect to the Service and use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and GMC with respect to the Service. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Service will otherwise remain in full force and effect and enforceable.
No agency, partnership, joint venture, or employment relationship is created as a result of the Service or these Terms of Service, and neither party has any authority of any kind to bind the other in any respect. Nothing in these Terms of Service will be construed to create any relationship between either party other than an independent contractor relationship.
Your rights and obligations under the Terms of Service are personal to you, and are not assignable, transferable or sublicensable except with GMC's prior written consent. GMC may assign, transfer or delegate any of its rights and obligations hereunder without consent.
GMC may reference your name on its customer list. Except as expressly set forth herein, any other or any additional news releases, public announcements, advertisements, or publicity proposed to be released by either party will be subject to the written consent of the other party prior to release, such consent not to be unreasonably withheld.
13. COPYRIGHT AND TRADEMARK NOTICES.
The Terms of Service and all content provided by GMC are copyright © 2013 Ghost Media Corp., and/or its licensors or suppliers.
Ghost Post is the trademark of GMC. The names and logos of other companies, products and services mentioned at the Site may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.
Upon agreeing to these terms, I have read and I agree to the terms set forth herein, and in witness whereof hereby execute this agreement pertaining to the laws of the State of California. By entering into this agreement, You hereby fully release and discharge GMC to provide the Services on your behalf.
Ghost Media Corp, 230 S. Robertson Blvd., 2nd Floor, Beverly Hills, CA 90211