Social Raves

Terms of Use

Last modified on May 1, 2010

By accessing, browsing, and using the Social Raves website (the "Site"), you agree to be bound by the terms of service outlined here, as well as our privacy policy. Zengo Networks Inc. (the "Company"), which owns the Site, reserves the right to modify these conditions at any time to be effective upon publication of those changes on this page of the Site. Please do not use the Site if you do not agree or are unwilling to accept these Terms of Service.

Conditions of Use

You must at least be 18 years old to use the Site. While you are able to browse through the Site without logging in, you are required to open an account to interact with other users on the Site, write reviews, and access other features. When registering, you agree to provide certain personal information including, but not limited to your first and last name, email address, and zip code of your location or place of residence. Personally identifiable information will be used solely in accordance with the Site's privacy policy.

You are not permitted to open multiple accounts for the purpose of maintaining multiple identities on the Site, or to impersonate someone else on the Site. You understand that providing any false information during registration constitutes a material breach of these Terms of Service and, as such, constitutes grounds for closing your account with or without prior notice.

You are responsible for keeping your registration data such as user name and password confidential. You also bear full responsibility for all activities related to your account. If you suspect any unauthorized activity on your account, you agree to notify the Company immediately.

If you violate these Terms of Service, we reserve the right to remove or modify any account-related content or access. We reserve the right to terminate or close your account at any time and for any reason, and with or without any notice to you.

Using the Site

By agreeing to these Terms of Service, the Company gives you permission to use the Site to search for local businesses; write, read, and share reviews of local businesses; connect and interact with other users through private messaging and the use of many social tools available on the Site; participate in community conversations; post an event; and invite your friends to join you on the Site.

You may retain a copy of the pages and its content of the Site for your own personal use. You are not allowed, however, to download, publish, edit, modify, or create derivative works, appropriate, reproduce, or distribute, sell, trade, or in any way exploit content found on the Site for any use or purpose other than as described in these Terms of Service.

Consumption of content on the Site generated by Site users is your sole responsibility. The Company has no obligation to review the Site's content. You may find some content that you access and view on the Site to be objectionable, inappropriate, offensive, or inaccurate. There may also be links to third party sites for which we have no control whatsoever and hence, cannot vouch for the quality, accuracy, and reliability of the content found on these external sites. You are therefore solely responsible for determining whether the information found on the Site is suitable for your purpose, and relying completely on it is at your own risk. You are encouraged to obtain additional information as necessary to make highly informed decisions about the local businesses found on the Site. You understand and agree that the Company cannot be made liable for any loss or damage caused by your use of the Site or your reliance on the content found within or made available through the Site. Furthermore, you understand and agree that the download and upload of any material through the Site is done at your own discretion and risk and that you will be solely responsible for any loss or damage to your computer system or loss of data that may result in the download or upload of any material.

You are not allowed to use the Site to :

Solicit personal information from minors, or to cause harm or threaten minors;
Process or mine information about other users that violates their privacy;
Scrape or index the Site or any of its content using robots, spiders, or other automated program or device to create a searchable database of business reviews, or to publicly display any content from the Site without the express permission of the Company;
Gain unauthorized access to the site to compromise its security in any way, or to disrupt and interfere with the normal functioning of the Site; and
Take action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the Site (e.g., spam).

Content Submission

When writing reviews for a local business, you agree that you will not write false or fraudulent reviews. Moreover, you also agree that comments and feedback for such businesses are not founded on hearsay but instead are based on your own first-hand experience of that business within the past two years. You also agree that that in no way will you imply that content you submit has been endorsed or sponsored by the Site.

When submitting or creating content on the Site including, but not limited to, reviews of businesses listed on the Site, photos, videos, favorite lists, ratings, user profile information, and other content uploaded by you, you warrant that you are the sole author, creator, and owner of that content. Furthermore, you agree to waive any rights you may have with regards to any content you submit or post, its subsequent use, or distribution including intellectual property rights.

Reviews or feedback found on the Site do not represent nor reflect the views of the Company or its officers, employees, shareholders, or investors. We do not assume any responsibility for any content on the Site and are not liable for any claims, damages, or losses resulting from the use of the Site or the content in it. You understand that the Company reserves the absolute right to refuse to display any content, or to remove any content posted or submitted by you from the Site, and you agree to waive any claim that the Company is acting in an unfair or discriminatory manner by taking such action on your content.

As an integral part of these Terms of Service, you agree under any circumstances that you will not submit or publish anything on the Site that contains or features any of the following:

Reviews or feedback about local businesses that are of no value because they do not address the product or service of the business being reviewed;
Offensive or abusive language such as profanities, expletives, or hate speech;
Language intended to threaten, harass another person, defraud, stalk, or otherwise interfere with another person's use of the Site;
Language that encourages illegal activity;
Material that is illegal or violates any federal, state, or local law;
Spam, chain letters, contests, junk email, surveys, or pyramid schemes;
Content that is of an advertising or commercial in nature;
Violation of other user's rights to privacy by revealing personal information that are not already publicly available;
Violation of any third-party rights including, but not limited to, right of publicity, copyright, trademark, patent, trade secret, or any intellectual or proprietary rights;
Any content that others may find objectionable including but not limited to pornographic photos, videos, or other media;
Fraudulent reviews that are written to impersonate other users;
Content that is encrypted, or contains viruses, worms, Trojan horses, time bombs, cancel bots, or other computer programs intended to cause harm or damage, interfere with, the normal functioning of the Site; and
Content that is not in English.

Unauthorized Use of Site

We reserve the right to pursue whatever legal means are available to deal with illegal and/or unauthorized use of the Site including, but not limited to, unauthorized framing of or linking to the Site and the unauthorized use of any robots, spiders, and other device on the Site. Violations will be investigated and subjected to appropriate legal action including, but not limited to, civil, criminal, and injunctive redress. We reserve the right to investigate possible violations of these Terms of Service, block users involved, and refer matters to the proper authorities for further investigation. The Company may, in this process, divulge personal information to third parties in accordance with its privacy policy.

Ownership of Content

The Company shall own any content submitted by users to the Site exclusively and in perpetuity. By submitting content to the Site, you warrant that you own such content or have the necessary permissions to use and transfer to the Company the exclusive ownership and use of such content. You therefore irrevocably relinquish any right or claim to such content. Thus, you grant the Company the unrestricted, perpetual, and exclusive right to use your content for any purpose including but not limited to licensing it, reproducing it, translating it, modifying it, reformatting it, incorporating it into other works, creating derivative works from it, distributing it, promoting it, or licensing the same rights to third parties.

In addition, you represent and warrant that the content you submit to the Site does not infringe upon another's intellectual property or proprietary rights including, but not limited to, copyright, patent, trademark, trade secrets, or rights of publicity or privacy. You accept full responsibility for all content submitted by you on the Site.

The Company is under no obligation to give credit or pay any consideration to you for your content. The Company and its licensees may display advertising and other messages alongside your content on the Site. You understand and agree that you are not entitled to any compensation or share for such advertisements.

Copyright Dispute Policy

The Company adheres and follows the policies and procedures regarding copyright infringement in accordance with Title 17, United States Code, Section 512(c), which is part of the Digital Millennium Copyright Act (DMCA). Upon being served notice of a possible copyright infringement, it is the policy of the Company to remove or disable access from the Site the alleged infringing content, provided such notice complies with the requisite elements under the DMCA. Repeat offender's accounts may be terminated.

If you believe that your work or copyright has been infringed upon by content or material found on the Site, please follow the procedures outlined below to file a notification:

Identify in writing the copyrighted material that you claim has been infringed upon;
Identify in writing the material on the Site that you allege is infringing upon the copyrighted material, and provide sufficient information that reasonably identifies the location of the alleged infringing material (e.g., the user name of the alleged infringer and the business listing it is posted under);
Include the following statement: "I have a good faith belief that the use of the content on the Site as described above is not authorized by the copyright owner, its agent, or law.";
Include the following statement: "I swear under penalty of perjury that the information in my notice is accurate and I am the copyright owner or I am authorized to act on the copyright owner's behalf.";
Provide your contact information including your address, telephone number, and e-mail address (if available);
Provide your physical or electronic signature; and
Send the written communication to:

Zengo Networks Inc.
P.O. Box 4192
Dublin, OH 43016

Please note that you may be subject to liability under Section 512(f) of the DMCA if you knowingly materially misrepresent that material on the Site infringes upon your copyright.

The Company may, at its sole discretion, send a copy of this legal notice to a third-party that may publish or annotate it. For example, your written notification (with personal information removed) may be forwarded to Chilling Effects (http://www.chillingeffects.org) for publication.

If you believe that your content has been removed in error pursuant to a claim filed under the DMCA, you are required to follow the procedure outlined below to file a counter-notification:

Identify in writing the material that was removed or disabled from access, and provide a description that reasonably identifies the location of the material prior to its removal;
Include the following statement "I swear under penalty of perjury that the material that was removed or disabled from access was due to a result of mistake or misidentification of the material to be removed or disabled.";
Provide your name, address, telephone number, email address (if available), and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, and that you will accept service of process from the person who provided notification under 512(c)(1)(C) or an agent of such person;
Provide your physical or electronic signature; and
Send the written communication to:

Zengo Networks Inc.
P.O. Box 4192
Dublin, OH 43016

For additional questions regarding the Company's procedure in handling copyright infringement notifications, please send an email to legal@socialraves.com.

Search Results

Business listings on the Site that are presented as search results or output to user queries based primarily on the content associated with local businesses, and the key words used by users. Both Site customers and non-customers will therefore be included in the search results. The search algorithm used by the Site does not discriminate based on whether a local business is a customer or not with regards to placement in the search results. Local businesses do not pay to be included in these results or to achieve a certain ranking in the display of such results. Since customers typically provide more information about their businesses than non-customers - through the inclusion of products, brands, specialties, expertise, offers, etc. - it is likely that such businesses will be displayed at a higher ranking in search results pages. Local business listings may also be rotated within the search results page due to several factors, none of which are determined by paid inclusion or placement. The variability in the display of search results is therefore not intended to displace non-customers from search results.

Relationship

These Terms of Service are solely between you and the Company and is not intended to be for the benefit of any third party. Should there arise any dispute between participants on this Site, or between users and any third party, you understand and agree that the Company is under no obligation to become involved. In the event that you have a dispute with one or more users or third parties, you hereby release the Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or services. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Service.

Offline Conduct

Any information obtained from the Site cannot be used to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without his/her prior explicit permission.

Site Availability

The Company shall have no liability whatsoever for the unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages. Furthermore, the Company shall not be liable for any resulting delay, misdelivery or non-delivery of information caused by such system outages, or any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site. The Company reserves the right (but is under no obligation) to modify, update, or discontinue the Site at its sole discretion at any time for any or no reason, and with or without notice, and without any liability.

Disclaimers

This disclaimer is made to the fullest extent permitted by law. The Company is making the Site "as is" and without any warranty or condition, express, implied or statutory. The Company specifically disclaims any implied warranties of title, merchantability, and fitness for a particular purpose, accuracy of informational content and non-infringement.

You assume total responsibility and risk for use of the Site and hyperlinked web sites. The Company cannot ensure that files you download from the Site will be free of viruses or contamination or destructive features. We make no warranty that the Site will meet your requirements, or that services will be uninterrupted, timely, secure or error free, nor do we make any warranty as to the results that may be obtained from the use of the Site, or as to the accuracy or reliability of any content or information obtained through the Site or that any defects will be corrected. No advice or information, whether oral or written, obtained by a user from the Company shall create any warranty not expressly made herein.

In addition, the Company disclaims any and all liability for the acts, omissions, and conduct of any third party users, Site users, advertisers, and/or sponsors on the Site, in connection with the Site or otherwise related to your use of the Site. The Company is not responsible for the products, services, actions, or failure to act of any third party in connection with or referenced on the Site. The Company will not be liable for any damages of any kind arising from the use of the Site including, but not limited to, direct, indirect, incidental, special, and punitive and consequential damages such as loss of sales, profit, revenue, goodwill, or downtime regardless of such party's negligence, or whether such party knew or should have known of the possibility of such damages.

Indemnity

You agree to indemnify and hold the Company, its subsidiaries, affiliates, officers, agents, and other partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, including your use of the Site to provide a link to another site or to upload content or other information to the Site, any content you provide, any violations by you of any applicable laws or regulations, and any breaches by you of these Terms of Service. The Company neither assumes, nor does it authorize any person or entity to assume on its behalf, any liability in connection with the provision of the Site. The limitations of liability provided in these Terms of Service inure to the benefit of the Company, shareholders, affiliates and to all of our respective officers, directors, employees, attorneys and agents and, in each case, liability is limited to the fullest extent permitted by law.

Governing Law

By virtue of your use of the Site, you agree that should there be any dispute arising about or involving the Site, the laws of the State of Ohio without regard to its conflict-of-law provisions will govern such dispute. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Ohio, City of Columbus. In any action to enforce these Terms of Service, the prevailing party will be entitled to costs and attorneys' fees.

Miscellaneous

In the event that one or more portions of these Terms of Service shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in these Terms of Service. The headings used throughout these Terms of Service are solely for the convenience of reference and are not to be used as an aid in the interpretation of these Terms of Service.

If you have any questions about these Terms of Service, or want to report any violations of these Terms of Service, please contact us at legal@socialraves.com.

Marks

Social Raves and the Social Raves logo including the "raving couple" icon are propriety service marks of Zengo Networks Inc.

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Terms of Use