Or Terms of Service

Acceptance of Terms and Conditions

These terms and conditions apply to the use of socialbird.club and its affiliated webpages (the “Site”), which are owned and operated by socialbird, (“socialbird,” “Us,” “We,” or similar terms). By accessing or using the Site, you acknowledge your agreement to abide by these web site Terms and Conditions of Use and other associated documents incorporated by reference (the “Agreement”). You must comply with all applicable laws and regulations and are responsible for adhering to any local laws. If you (“User,” “You,” or similar terms) do not agree with any of the terms of the Agreement, you are prohibited from using or accessing this Site. The materials on the Site are protected by relevant laws, including copyright and trademark law. This Agreement applies to You, any person or entity on whose behalf You are using the Site, and any person or entity who may acquire rights through You.

Securing Your socialbird Account

To access the Site or its resources, you may be required to provide accurate, up-to-date registration information. Using the Site is contingent on the correctness, currency, and completeness of the information you provide. We reserve the right to deny access to the Site or its resources and may suspend or terminate your account if we find the details to be inaccurate, outdated, or incomplete. socialbird retains the authority to reject registration of a socialbird User or cancel an existing user’s account at its discretion, with or without prior notice.

socialbird may alter, suspend, or discontinue the Site, either in part or in whole, at any time, including the availability of features, databases, or content. We may also impose restrictions on specific features and services or limit User’s access to portions or the entirety of the Site without prior notice or liability.

You affirm and guarantee to socialbird that if You are an individual (i.e., not a corporation), You are at least 18 years old. You also verify that You have the legal right to use the Site and accept full responsibility for selecting and using the Site. This Agreement is null and void where prohibited by law, and access to the Site is revoked in such jurisdictions.

You are responsible for acquiring and maintaining any equipment or additional services necessary to connect to and access the Site, including but not limited to modems, hardware, software, and long-distance or local telephone service. You must ensure that these equipment and services are compatible with the Site.

Maintaining the confidentiality of Your socialbird password and other account information is Your responsibility, and You agree to be accountable for all activities conducted under Your account or password. You may not assign or transfer Your account to any other individual or entity. Your account is designated for Your personal use, and You consent not to provide any other person with access to the Site using your credentials.

Usage Restrictions

You shall not, either directly or indirectly: (i) attempt to reverse engineer, disassemble, decompile, or otherwise seek to unveil the source code or underlying algorithms of any part of the Site (excluding cases where reverse engineering restrictions are prohibited by local law); (ii) alter or create derivatives of any portion of the Site; (iii) rent, lease, or utilize the Site for timesharing or service bureau purposes; or (iv) remove or obscure any proprietary notices on the Site. Company retains all title, ownership rights, and intellectual property rights in and to the Site, as well as any copies or parts thereof.

You shall not employ any “deep-linking,” “page-scraping,” “robot,” “spider,” or any automated tool, program, algorithm, or methodology, or any similar manual process, to access, acquire, copy, or monitor any part of the Site or its Content. You shall also not attempt to gain unauthorized access to any section or feature of the Site or any systems or networks linked to the Site or socialbird’s server, or to any services offered through the Site, through hacking, password “mining,” or any other unlawful means.

You shall refrain from probing, scanning, or testing the security of the Site or any network connected to the Site or compromising the security or authentication measures on the Site or any network linked to the Site.

You shall not undertake any actions that place an undue or disproportionately substantial burden on the infrastructure of the Site or socialbird’s systems or networks or on any systems or networks connected to the Site or socialbird.

Using the Site or its Content for any purpose that violates this Agreement or any law is prohibited.

Premium Services

Optional premium services available on the Site are subject to this Agreement and the End User License Agreement at https://socialbird.club. By selecting a premium service, you consent to pay socialbird the monthly or annual subscription fees stipulated for that service. Payments will be billed on the day you sign up for a premium service and will cover the use of that service for the indicated monthly or annual period. Premium service fees are non-refundable.

Termination

socialbird reserves the right to terminate your access to the entire Site or any part thereof at any time, with or without cause, and with or without prior notice, effective immediately. Provisions of this Agreement that should continue to apply after termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability, will do so.

Links to Third-Party Websites

The Site may contain links to other websites (“Linked Sites”). These Linked Sites are beyond our control, and we are not responsible for their content, including links within Linked Sites, or any changes or updates to Linked Sites. We provide these links for your convenience, and their inclusion does not imply our endorsement of the site or any affiliation with its operators.

Intellectual Property Rights

You acknowledge that the Site and all content and materials, including text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, provided by socialbird on the Site (collectively, the “Content”), are safeguarded by copyrights, trademarks, service marks, patents, trade secrets, or other intellectual property or proprietary rights and laws. The compilation of all Content on the Site is socialbird’s exclusive property and is protected by U.S. and international copyright laws. All software made available through the Site is the property of socialbird or its software suppliers and is safeguarded by United States and international copyright laws. socialbird’s names, logos, and related product and service names, design marks, and slogans are socialbird’s trademarks or service marks. You are not authorized to use these trademarks without our prior written consent. All other trademarks featured on the Site are the property of their respective owners.

We grant You a non-exclusive, non-transferable, limited license to access and use the information, documents, text, images, software, and other Content and elements of the Site (collectively, the “Content”) in accordance with this Agreement. We retain the right to terminate this license at any time, for any reason. However, subject to these terms, You may view, print, or download a reasonable number of copies of the materials or content on this Site for Your personal informational purposes, provided that You maintain all copyright and other proprietary notices within. Reproduction, copying, or distribution of any content, materials, or design elements on the Site for any other purpose is strictly prohibited without our express written permission.

We also grant You a non-exclusive, non-transferable, limited license to access and use the information, documents, text, logos, and images of the Site (collectively, the “Review Content”) solely for the purpose of writing a review of the socialbird service in accordance with this Agreement. We may terminate this license at any time, for any reason. Upon termination of this license, You must immediately cease using, remove, and destroy all Review Content.

Unless authorized in writing by socialbird, selling, licensing, renting, modifying, distributing, copying, reproducing, transmitting, publicly displaying, publicly performing, publishing, adapting, editing, or creating derivative works from the Content will result in the immediate, automatic termination of your license and the obligation to cease using the Site and its Content and to return or destroy all copies, including electronic copies, in your possession or control. No right, title, or interest in or to the Site or Content is transferred to you, and all rights not expressly granted are reserved by us.

Changes

socialbird reserves the right, at its sole discretion, to modify or replace any part of this Agreement. Any such changes will be posted on this page or a similar page on the Site. It is your responsibility to periodically review this Agreement for any alterations. In the future, socialbird may also introduce new services or features through the Site, which will be subject to the terms and conditions of this Agreement.

Passwords

You are responsible for safeguarding the password you use to access the Site and for any activities or actions under your password. We strongly encourage you to use “strong” passwords (combinations of upper and lower case letters, numbers, and symbols) with your account. socialbird will not be liable for any loss or damage resulting from your failure to comply with these recommendations.

Warranties

If You are a subscriber to socialbird (a “Customer”), socialbird provides the following warranty to You: socialbird will use commercially reasonable efforts, in line with prevailing industry standards, to deliver services in a professional and workmanlike manner that is free from defects. Your sole remedy, and socialbird’s exclusive liability, for service defects is for socialbird to use commercially reasonable efforts to promptly correct such defects.

You represent and warrant that: (i) regarding all information you provide to socialbird (such as Recipient Information), you have full authority to provide such information and allow socialbird to use it to provide the Service (including sharing such information with data providers), (ii) none of the content (e.g., emails) transmitted, uploaded, or otherwise distributed through the Service, by you, your partners, or any third party, will infringe or otherwise conflict with the rights of any third party.

Warranty Disclaimer

THE WEBSITE IS PROVIDED “AS IS.” socialbird AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER socialbird NOR ITS SUPPLIERS AND LICENSORS MAKE ANY WARRANTY THAT THE WEBSITE WILL BE ERROR-FREE OR THAT ACCESS TO IT WILL BE CONTINUOUS OR UNINTERRUPTED. YOU UNDERSTAND THAT YOU DOWNLOAD FROM, OR OTHERWISE ACQUIRE CONTENT OR SERVICES THROUGH, THE SITE AT YOUR OWN DISCRETION AND RISK.

Limitation of Liability

IN NO EVENT WILL socialbird, OR ITS SUPPLIERS OR LICENSORS, BE LIABLE FOR ANY MATTER UNDER THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT OR SUBSTITUTE PRODUCTS OR SERVICES; (III) INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA. IN NO EVENT WILL socialbird, OR ITS SUPPLIERS OR LICENSORS, BE LIABLE FOR ANY AMOUNTS EXCEEDING THE FEES YOU HAVE PAID TO socialbird UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE CAUSE OF ACTION. socialbird SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND THEIR REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

General Representation and Warranty

You represent and warrant that (i) your use of the Site will adhere strictly to the socialbird Privacy Policy at https://socialbird.club, this Agreement, and all applicable laws and regulations, including, without limitation, local laws or regulations in your country, state, city, or other governmental area, concerning online conduct, acceptable content, and all relevant laws concerning the transmission of technical data exported from the United States or your country of residence, and (ii) your use of the Site will not infringe or misappropriate the intellectual property rights of any third party.

Privacy

socialbird’s current privacy policy is available on the Site (the “Privacy Policy”), which is incorporated into this Agreement. We strongly advise you to review the Privacy Policy carefully. You consent to the use of information and data as described in the Privacy Policy.

Copyright

All content featured on the Site, including text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of socialbird or its content suppliers and is protected by United States and international copyright laws.

Logo Permissions

You grant socialbird the right to use your company name and logo in promotional materials. If you require an exception to this, please contact us via email before signing up.

Indemnification

You agree to indemnify and hold harmless socialbird, its contractors, and its licensors, as well as their respective directors, officers, employees, and agents, from any and all claims and expenses, including attorneys’ fees, arising from your use of the Site, including but not limited to violations of this Agreement.

Section 19: General Provisions

We retain the option to periodically update the Site and its Content, though it’s essential to note that the Content may not always be exhaustive or entirely current. There is no obligation on our part to ensure regular updates of this material. Additionally, we reserve the right to make changes, whether temporary or permanent, to the Site as a whole or any part thereof, with or without prior notice. You acknowledge and agree that we shall not be held liable to you or any third party for any alterations, suspensions, or discontinuations of the Site.

Furthermore, you are not authorized to transfer any of the rights or responsibilities established by this Agreement without obtaining our prior written consent. We, however, reserve the right to assign all or a portion of this Agreement. In case of a breach of the Agreement by you, your permission to use our Site, along with any licenses granted herein, will be automatically revoked.

If any of the clauses in this Agreement are deemed unenforceable or excessively broad by a court or any other competent tribunal, such clauses shall be restricted or removed to the minimum extent required to preserve the effectiveness of the remaining provisions. You undertake to file any claims within 12 months from the date on which the relevant claim first arises, with all claims not submitted within this time frame considered waived. No waiver of any provision in this Agreement shall be construed as an ongoing or further waiver of that term or any other terms or conditions.

This Agreement serves as the exclusive and comprehensive agreement between you and socialbird pertaining to the Site. It supersedes all prior and concurrent agreements, understandings, representations, and warranties, whether written or oral, related to the Site.

Header: Privacy Policy

socialbird (“socialbird” or “We”) holds your privacy in high regard and is deeply committed to safeguarding it in strict accordance with this policy. This policy delineates the categories of information we may collect from you or that you might provide when you visit our website, socialbird.club, including all interconnected webpages (herein referred to as “our Website”). It also elucidates our methods for collecting, utilizing, preserving, shielding, and divulging such information. Any terms not explicitly defined in this policy can be found within our Terms of Use.

Data Collection and Acquisition

We procure both personal and non-personal information from our website visitors. Personal information encompasses details such as your name, email address, mailing address, phone number, or credit card information. Non-personal information, on the other hand, pertains to information about you but does not individually identify you. This category includes information about your internet connection, the equipment you employ to access our Website, and usage statistics.

We gather information from you through various channels:

Registering on our site

Placing an order

Subscribing to our newsletter

Responding to a survey

Completing a form

Connecting your website or blog to our Website or utilizing socialbird services

Associating your social network profile with our Website (for example, if you provide us with your Facebook username and profile image)

Directly providing information to us

Additionally, we automatically collect certain information as you navigate through our site. This automatic collection may encompass usage details, IP addresses, and data collected through cookies and other tracking technologies.

Utilization of Your Information

The information we collect may be employed in the following ways:

To present our website and its content to you

To deliver information, products, or services that you request

To personalize your experience (enabling us to better address your individual needs)

To enhance and refine our Website based on the information and feedback we receive from you

To improve customer service (enabling us to more effectively address your customer service inquiries and support needs)

To fulfill our obligations and enforce our rights arising from any contracts entered into between you and us, or to otherwise protect our rights or those of third parties

To comply with applicable laws, regulations, and legal processes

To process transactions

To administer a contest, promotion, survey, or other site features

To provide you with notices regarding your [account/subscription], including expiration and renewal notifications

To display information in your Account that you send and receive through Social Networks, along with other data from these Social Networks (such as messages, posts, comments, images)

To send periodic emails

The email address you provide for order processing may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc.

Note: If you wish to unsubscribe from receiving future emails, detailed instructions are included at the bottom of each email.

For any other purpose described at the time you provide the information

For any other purpose with your consent

Protection of Your Information

We have instituted a range of security measures to ensure the safety of your personal information when you place an order or enter, submit, or access your personal information.

We provide a secure server for your use. Any sensitive/credit information supplied is transmitted via Secure Socket Layer (SSL) technology, then encrypted into our Payment gateway providers’ database. This information is accessible only to authorized personnel with special access rights to these systems, and they are obligated to maintain the confidentiality of this information.

Nonetheless, considering the inherent nature of the Internet and online communications, we cannot guarantee the absolute confidentiality of information transmitted online. We bear no responsibility for illegal activities conducted by third parties, such as criminal hackers.

Use of Cookies

Yes, we utilize cookies (small files that a website or service provider transfers to your computer’s hard drive through your web browser, if you permit) to recognize your browser and capture specific information. This enables our site and service providers’ systems to comprehend and remember your preferences. We may engage third-party service providers to assist us in gaining deeper insights into our site visitors. However, these service providers are exclusively permitted to use the information collected on our behalf to help us in conducting and enhancing our business.

Disclosure of Information to Third Parties

We share your personal information only as delineated in this Website Privacy Policy (in its current or future version) or as permitted by law. We disclose personal information to our employees and agents as required for the operation of our business. For instance, if you send us an email with a question, we may provide your email address to one of our employees or agents, along with your question, to facilitate their response.

Furthermore, we may share personal information with trusted third parties who assist us in operating our website, conducting our business, or servicing you. These third parties are required to maintain the confidentiality of the shared information. For instance, we may engage a vendor to help us manage email communication.

In cases where our business is sold, merged, dissolved, acquired, or undergoes a similar transaction, or in the event of corporate reorganization, we may share personal information with the successor. We commit to upholding data integrity and security through technical and business due diligence, in accordance with U.S. and EU GDPR regulations. We may also disclose information if we deem such disclosure necessary to comply with the law, enforce our site policies, or protect our rights, property, or safety, or the rights, property, or safety of others.

However, non-personal information, which does not identify you personally, may be employed or shared without constraints for marketing, advertising, or other purposes.

Reviewing and Updating Your Information

If you maintain an account with us, you can log in to view specific personal information we have on record for you. In certain cases, you may also modify this information. You can access this capability by visiting the “Sign In” or a similar page. For requests that cannot be completed through your account, please reach out to our data support team.

If you have authorized us to access your Social Network account for Account services, you can revoke this access at any time by following the provided instructions.

Third-Party Links

At our discretion, we may include or offer third-party products or services on our website. These third-party sites have their separate and independent privacy policies. We bear no responsibility or liability for the content and activities of these linked sites. Nonetheless, we are dedicated to safeguarding the integrity of our site and welcome feedback regarding these third-party sites.

Online Privacy Policy Only

This online privacy policy exclusively pertains to information collected through our website, not to information collected offline.

Terms and Conditions

Please visit our Terms and Conditions section to understand the use, disclaimers, and limitations of liability that govern the use of our website.

Your Consent

By using our site, you express your consent to our online Privacy Policy.

Changes to Our Privacy Policy

Should we decide to amend our privacy policy, we will make these changes available on this page. We encourage you to periodically revisit and review this policy to stay informed about our present privacy practices.

Do Not Track Disclosure

This website does not monitor or respond differently based on whether your computer sends a “do not track” or similar beacon or message.

Children’s Information

We do not intentionally gather personal information from children under the age of eighteen (18) through this website. Our website is not designed for use by children under eighteen (18). If you believe we have unintentionally collected personal information from a child under the age of eighteen (18) through this website, please contact us.

U.S. Audience

This site is primarily intended for a U.S. audience. If you access this site from outside the U.S., you acknowledge, agree, and consent that any information you provide, including personal information, will be transferred to and processed by a computer server located within the U.S., and is subject to U.S. laws and regulations. Moreover, if you access this site from outside the U.S., you recognize and accept your responsibility to comply with any relevant local or national laws, rules, or regulations applicable to such use.

California Privacy Rights

The California Consumer Privacy Act of 2018 (CCPA) and California Civil Code § 1798.83 grant specific rights to California residents. These rights encompass the ability to request information about our disclosure of personal information to third parties for marketing purposes. To request this information, please contact us as described below.

Under the CCPA, you possess the following specific rights:

The right to be informed about the personal information collected about you, as detailed in the “Information about your Personal Information” section

The right to have your personal information deleted

The right not to face discrimination for exercising your consumer rights under the CCPA

You can exercise these rights by contacting our data support team.

socialbird does not sell personal information, as defined by the CCPA, and we will not sell such information without providing an opt-out option.

European General Data Protection Regulation

socialbird has updated these terms and internal policies to offer clearer explanations of our privacy practices and to conform to the requirements of the European General Data Protection Regulation (GDPR) for European customers. These requirements cover breach notification standards, the right to access personal data, the right to be forgotten, data portability request fulfillment, and the appointment of a data security lead.

For inquiries regarding data information, please contact us as described below. Additional information about your rights under the General Data Protection Regulation can be obtained from the Information Commissioner’s Office in the U.K.

If you require a Data Processing Addendum (DPA), please request one using the provided contact information below.