Notes and Other Disclosures
Your Right To Cancel:You may cancel service at any time, for any reason, so long as you provide at least 30 day's notice.
This notice should be provided on our support site at
http://socialstrata.com/support.
Such requests are only valid if requested from a verified email address from a Super Admin of record on the site. Refunds will not be given,
however, even if you have prepaid for a period beyond your requested cancellation date.
Your site and all of its contents may be deleted by Social Strata anytime after the cancellation effective date or anytime after service has been terminated by Social Strata.
Transfer of Ownership: You
may transfer ownership of your community, as long as the account is in good standing.
Page View Limits: If your site exceeds "page view" limits for its plan in a given
month, you may be subject to page view overage fees at rate of $1.50 per thousand page
views, rounded up to the nearest thousand. Usage overage fees are due within 15 days of
receipt of invoice.
A "page view" is defined as a Service servlet request and is intended to reflect overall usage of the service.
There are many kinds of servlet requests and Hoop.la weighs the various request types
differently. Some requests count as a full "page view", others count as partial "page
views" and still others counts as multiple "page view" requests. The multiples for these
"page view" requests are determined by Social Strata and may change at any time. You can
track your site's billable "page views", as well as view a breakdown of "page views" by request type, in your Service
control panel.
Disk Space, Member, and Chat Participant Limits: Your plan has limits on the number of registered members, the maximum number of
participants in a single chat room or event, and the total disk space used by attachments and clips uploaded to your site. There are no overage fees associated with these limits. You will simply be prevented from exceeding them.
Requests to Amend Plan: You may add or remove add-ons for your account at any time. Requests to remove add-ons require at least 30 days' notice, however.
Copyright Infringement Notification: Social Strata has
filed a designation as
an agent with the United States Copyright Office to receive notifications of copyright
infringement. Valid notifications provided to Social Strata of copyright infringement must
include the following:
- Information that identifies the content that has been
infringed, and information that helps Social Strata to locate the infringing content.
- A statement that you have a good faith belief that the content is infringing.
- A statement that the information provided is accurate, and that you are the copyright
holder or his/her representative.
- Name, address, phone number and email address
of the reporting party.
Please send all infringement claims to the following
address: Social Strata, Inc., Attn: Copyright Violation Agent, 1985 Riviera Drive, Suite 103-114, Mount Pleasant, SC 29464, USA
Limitation of Liability: IN NO EVENT SHALL SOCIAL STRATA BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT
DAMAGES ARISING FROM YOUR USE OF THE SERVICE (OR YOUR INABILITY TO USE THE SERVICE), EVEN
IF SOCIAL STRATA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, SOCIAL STRATA'S LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE
AMOUNT PAID, IF ANY, BY CUSTOMER TO SOCIAL STRATA UNDER THIS AGREEMENT DURING THE TWO (2)
MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM AROSE.
Indemnity: You agree to indemnify and hold Social Strata and its subsidiaries,
affiliates, officers, agents, employees, partners, and licensors harmless from any claim
or demand, including reasonable attorneys' fees, made by any third party due to or arising
out of your or your users' content, use of the service, violation of the Terms of Service
or the AUP, or violation of any rights of another person or entity.
Service
Provided As-Is: You understand that the service is provided "as-is" and on an "as
available" basis, and that no performance guarantees are available. You agree that Social
Strata is not liable for any damages that may occur through your or your users' use of the
service because of service unavailability or feature loss, or because of data loss that
may occur. In addition, although best efforts will be made to maintain a secure data
environment, Social Strata is not liable for damage caused due to security breaches by
outside parties.
Our Right To Terminate: We may suspend, terminate, and/or delete your account if
you violate this TOS, if you request such action, at the request of legal authorities, or
for other reasons at our discretion. If we terminate your account prior to its
paid-through date, we will provide a pro rata refund. If you are on a plan for which you
are currently paying nothing for service and for which there are no active premium memberships,
then we may also terminate your site without notice if there have been no new posts or new
members for the past 180 days.
Venue: This TOS is governed by the laws of the State of South Carolina. You and Social Strata agree to submit
to the personal and exclusive jurisdiction of the courts located within Charleston County,
South Carolina.
This TOS is available for review online at
https://assets.socialstrata.com/docs/hoopla_tos.php and may be modified by Social Strata at any time.
We'll notify you if there are substantive changes, however.