Terms & Conditions

This website is operated by Social River Marketing, Inc (“Socialriver.ca”). Throughout the site, the terms “we”, “us” and “our” refer to Socialriver.ca. Socialriver.ca offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

This Terms of Service Agreement (the “Agreement”) is an agreement between you (the “User”) and Social River Marketing, Inc (“Socialriver.ca”). We provide Users with certain services (as defined below) to help maintain websites by providing general web design, website management and administration, website hosting services, communication tools, and online store (ecommerce) tools and services (collectively, the “Services”) directly and through the website and associated domains of https://www.Socialriver.ca (the “Site”).

1. What We Own

All material and services available on the Site, and all material and services provided by or through Socialriver.ca, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, software documentation, design of and “look and feel,” layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, written copy written by Socialriver.ca or other materials provided by Socialriver.ca, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the “Materials”), are owned by us or other parties that have licensed their material or provided services to us, and are protected by copyright, trademark, trade secret and other intellectual property laws. All Socialriver.ca trademarks and service marks, logos, slogans and taglines are the property of Socialriver.ca. All other trademarks, service marks, logos, slogans and taglines are the property of their respective owners. Nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on Socialriver.ca without our express written permission.

2. Rights to Use What We Own

Subject to this Agreement, Socialriver.ca hereby grants you a limited, revocable, non-transferable and non-exclusive license to use the Materials to the extent, and only to the extent, necessary to access and use the Services in accordance with the terms of this Agreement. This license does not permit you, and you agree not to: store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the Materials or otherwise distribute in any way the Materials other than as specifically permitted in this Agreement. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Materials, create derivative works based on or in any manner commercially exploit the Materials, in whole or in part, other than as expressly permitted in this Agreement. Any use of the Materials for any purpose other than as specifically permitted herein or without our prior consent or the prior written consent of our licensors, as applicable, is expressly prohibited. We reserve all rights not expressly granted in this Agreement.

3. What You Own and Provide To Us

You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials uploaded, posted or stored in connection with your use of the Services (“Content”). Socialriver.ca is not responsible for your Content. You are the owner of all the content that you provide given that you have the legal ownership or proper licensing in place. You hereby grant Socialriver.ca a worldwide, royalty-free, non-exclusive license to host and use the Content in order to provide you with the Services and hereby represent and warrant that you have all the rights necessary to grant us such license. You are responsible for any Content that may be lost or unrecoverable through your use of the Services. You are encouraged to archive your Content regularly and frequently.

4. Giving Us Access to Other Accounts and Services

Some of our Services may require you to give us access to or require you to provide login information and password information for accounts or services you may have with third party providers. When you provide this information to us or give us access to these third party accounts you agree that you have read all contracts and written agreements governing such access, login information and passwords and that you have all the necessary contractual and legal rights to give us such access, login information and passwords.

5. Right To Publish

Any questions, comments, suggestions, ideas, feedback, or other information provided by you to us (“Comments”) are not confidential and you hereby grant us a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Comments as we deem appropriate, for any and all marketing or promotional purposes, in our sole discretion. Furthermore, you hereby grant us a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use the Content and any website, image, video, audio, document or data provided to us or created by us as we deem appropriate, for any and all marketing or promotional purposes, in our sole discretion.

6. Monitoring What You Provide Us

Socialriver.ca may, but has no obligation to, monitor Content on the Site or websites created using our Services. We may disclose any information necessary or appropriate to satisfy our legal obligations, protect Socialriver.ca or its customers, or operate the Services properly. Socialriver.ca, in its sole discretion, may refuse to post, remove, or require you to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement. Socialriver.ca may, in its discretion, also require you to place all or any portion of the Content behind password protection. If Socialriver.ca has requested Content be placed or has placed Content behind password protection, you may not publish the password or similar information in any way that limits the effectiveness of the password. If Socialriver.ca requests that you place any Content behind password protection and you fail to do so promptly, Socialriver.ca may (a) place such Content behind password protection itself, or (b) immediately terminate this Agreement.

7. Copyright Complaint Policy

If you believe any Materials infringe your copyrighted works, you may provide a notification of claimed copyright infringement to your Account Manager for copyright complaints. As Socialriver.ca asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If any material located on or linked to by your Website violates copyright, you are required to remove or request that such material or links be removed. You warrant that all materials provided by you have been properly licensed, and that use by Socialriver.ca in carrying out our assignment does not infringe the rights of third parties. In no event will Socialriver.ca be liable for any copyright infringements that exist on your Website. If any part of your website is found to be in violation of a third party’s copyrights, the liability of any infringement ultimately falls on you, the company displaying the imagery. It is your obligation to verify that images, video, text and other Content used on your Website(s) do not violate a third party’s copyrights, even if that Content is supplied by Socialriver.ca.

8. You agree to all of the following:

• You hereby certify that you are at least 18 years of age and have the legal capacity to agree to these terms and conditions.
• You will ensure the email address provided in your account registration is valid at all times and will keep your contact information accurate and up-to-date.
• You will not use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or insider trading.
• You will not use the Services or Materials to impersonate another person.
• You will not imply or state, directly or indirectly, that you are affiliated with or endorsed by Socialriver.ca without our express written permission.
• You may not send unsolicited messages (also known as junk mail or SPAM) to promote any website published on the Site.
• You may not upload, post, email, transmit or otherwise make available or initiate any Content that contains software viruses, worms, Trojan horses or any other computer code, files or programs that interrupt, destroy or limit the functionality of the Services or the Materials or that may impact the ability of any Socialriver.ca user to access the Services.
• You will not access the Services through automated methods. The Services may only be used or accessed through an electronic device through manual control at all times.
• You may not send messages using the Services which do not correctly identify the sender and you may not alter the attribution of origin in electronic mail messages or postings.
• You will not share your password, let anyone else access your account, or do anything that might jeopardize the security of your account. You will not attempt to or actually access the Services or Materials by any means other than through the interfaces provided by Socialriver.ca.
• You will not attempt to or actually override any security component included in or underlying the Materials or Services.
• You will not attempt or engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Socialriver.ca’s infrastructure.
• Socialriver.ca may determine in its sole discretion whether or not an account is in violation of any of these policies. Violation of any of these policies may result in user information tracking with such information being stored to identify the offending user. Offending users may be permanently restricted from holding an account or using the Services. If Socialriver.ca reasonably determines that your account is being used for illegal or fraudulent activity then your account may be immediately terminated and your financial data erased. We may also report you to law enforcement officials in the appropriate jurisdictions.

9. Selling Through Socialriver.ca

Some of our Services and Materials may offer you the opportunity to sell or purchase goods and services through sites hosted or designed by Socialriver.ca as well as our partners and affiliates sites (such goods and services, “Commercial Products”). We, our partners, and affiliates are merely providing the platform for buyers and sellers to negotiate and complete transactions for these Commercial Products. When a buyer purchases Commercial Products, payments will be processed through a third party payment service provider. Payment services are governed solely by the third party provider’s terms of service and privacy policy. We are not responsible for the actions of these third party service providers. In addition to the other rules and requirements described in this Agreement, you must follow the rules listed below when offering, selling or purchasing.

Commercial Products.

You may not offer or sell illegal or potentially illegal Commercial Products, including those that are counterfeited, stolen or fraudulent. Commercial Products sold using the Services must comply with all applicable laws.

Without limiting anything else in this Agreement, we may immediately remove Content related to the offer or sale of Commercial Products in violation of this Agreement. If you sell a Commercial Product using our Services, then you must, upon our request, (1) use commercially reasonable efforts to stop the delivery of the Commercial Products to the buyer, or (2) pay a refund for such Commercial Products to the buyer.

10. Payment Information

You agree to supply appropriate payment for the services received from Socialriver.ca, in advance of the time period during which such services are provided. Subject to all applicable laws, rules, and regulations, all payments will apply to the oldest invoice(s) in your billing account. You agree that until and unless you notify Socialriver.ca of your desire to cancel any or all services received, those services will be billed on a recurring basis.

Should such a card in someone else’s name result in a “chargeback” (withdrawal, cancellation or refund) due to he or she contacting their bank, you will be responsible for repaying any such funds that have been removed. It is your responsibility to contact the cardholder and ask him or her to negate the chargeback request by contacting his or her bank. Furthermore, you agree that any chargebacks cannot exceed 30 days back from the date of request to your bank or financial service.

As a client of Socialriver.ca, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify Socialriver.ca of your desire to cancel any or all services received, those services will be billed on a recurring basis, unless otherwise stated in writing by Socialriver.ca. Socialriver.ca reserves the right to bill your credit card or billing information on file with us. Socialriver.ca provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in a suspension of your account, website and any other associated services including but not limited to email and hosting until account balance has been paid in full. Access to the account will not be restored until payment has been received. Customer agrees to pay Socialriver.ca’s reasonable reinstatement fee following a suspension of service for non-payment, and to pay Socialriver.ca’s reasonable costs of collection of overdue amounts, including collection agency fees, attorney fees and court costs.

If you purchase any Services that we offer for a Fee, you agree to allow Socialriver.ca, or our third party service providers to store your payment card information. You expressly agree that we or third parties that you sign up for through our services or by way of referral are authorized to charge you (1) a monthly Fee for any applicable Services billed on a monthly basis, (2) any other Fees for Services you may purchase, and (3) any applicable taxes in connection with your use of the Services to the payment card you provide and to reimburse us for all collection costs and interest for any overdue amounts. If the payment card you provide expires and you do not provide new payment card information or cancel your account, you authorize us to continue billing you and you agree to remain responsible for any uncollected Fees.

11. Fee Increases

Socialriver.ca may increase its fees for services effective the first day of a Renewal Term by giving notice to Customer of the new fees at least thirty (30) days prior to the beginning of the Renewal Term, and if Customer does not give a notice of non-renewal as provided in Section 10 above, the Customer shall be deemed to have accepted the new fee for that Renewal Term and any subsequent Renewal Terms (unless the fees are increased in the same manner for a subsequent Renewal Term).

12. Cancellation of Services

Cancellations can be initiated by contacting Socialriver.ca via phone or email and explicitly requesting a cancellation of services. In order to reduce the likelihood of mistakes or fraudulent/malicious requests, you must fill out a Cancellation Request Form to complete your cancellation request. Service cancellation will be completed within 1 (one) business day upon receipt of your Cancellation Request Form. Upon your request to cancel, you understand and agree that cancellation may render all files, emails, and data associated with the account as potentially unrecoverable. All purchases are final and no refunds will be available or issued with the exception of billing mistakes such as double billing or wrong plan implementation.

Failure or inability to pay the monthly fee associated with your website and management service is not an indication of cancellation nor will it result in a cancellation of your subscription. Failure or inability to pay the monthly fee for any reason will result in a series automated emails being sent to the contact email address that we have on file for your account in an effort to make you aware of your failure to pay. One Billing Issue Notification email will be sent to you daily for 7 consecutive days with a website hyperlink that will allow you to correct or update your billing information. Failure to correct or update your billing information within this 10 day grace period will result in a suspension of all your services with Socialriver.ca including the taking down of your website and the cessation of any hosted domain name-based email services that we manage via our email servers. Our billing system will continue trying to process the outstanding payment with the credit card that we have on file for your account until you update your billing information, contact us to update your billing information via phone, or contact us to cancel your subscription to our services. If you update your credit card information via the billing details hyperlink, the billing system will attempt to check and verify your new card details immediately upon submission. If the card details are correct and accurate, the system will process the payment at that time.

Acknowledgement

BY USING THIS WEBSITE AND OR OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE TERMS & CONDITIONS OF THIS AGREEMENT.