Last Updated July 1, 2019
Welcome and thank you for your interest in Win At Social, Inc. d/b/a The Social Institute (“The Social Institute” or “TSI”), which operates TheSocialInstitute.com, WinAtSocial.com and related online services and content (together, the “Service”). Please note that while the Service is owned and operated by The Social Institute, the contents of this Service may be performed by entities affiliated with or under contract to The Social Institute. The Social Institute and any and all such affiliated or contracted entities are collectively referred to herein as “we,” “us” or “our”. Visitors and registered users of the Service are referred to individually as “User”, “you”, “your”, or “yourself” and collectively as “Users”.
PLEASE NOTE THAT THE USAGE TERMS, PURCHASE TERMS AND/OR PRIVACY POLICIES OF OTHER TSI AND THIRD-PARTY PRODUCTS AND SERVICES LINKED TO OR FROM THIS SERVICE MAY VARY FROM THE TERMS HEREIN SO PLEASE MAKE SURE TO CHECK THE TERMS AND POLICIES APPLICABLE TO SUCH OTHER PRODUCTS AND SERVICES PRIOR TO USE.
1. Account Eligibility
THE SERVICE IS NOT AVAILABLE TO (A) ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE BY THE SOCIAL INSTITUTE OR (B) ANY PERSONS UNDER THE AGE OF 13 WHOSE REGISTRATION HAS NOT BEEN APPROVED BY A LEGAL PARENT OR GUARDIAN. By registering an account for the Service, you represent (a) that you have not been previously suspended or removed from the Service by The Social Institute; (b) that you are either (i) at least 13 years of age or (ii) your parent and/or guardian has consented to your use of the Service; and (c) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations.
2. Account Information
In order to use certain features of the Service, you must register for an account using a unique code provided by The Social Institute. You may be asked to provide a password in connection with your account. You are solely responsible for maintaining the confidentiality of your account, password and the unique code, and you agree to accept responsibility for all activities that occur under your account. You agree that the information you provide to The Social Institute, whether at registration or at any other time, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), then you agree to immediately notify The Social Institute at email@example.com. You may be liable for the losses incurred by The Social Institute or others due to any unauthorized use of your TSI account.
This Service is owned and operated by The Social Institute and all elements of the Service, including without limitation any and all content included therein, are of the sole and exclusive property of The Social Institute and/or its licensors.
6. User License
You are granted a limited, non-exclusive, non-transferable and non-sublicensable license to access and use the Service for non-commercial, personal use only. You may not adapt, download, revise, broadcast, reverse engineer, duplicate, publish, modify, disseminate, display, perform, transfer, or otherwise distribute any content or other material on the Service, unless specifically authorized in writing by The Social Institute. You may not download any content (other than traditional page caching) or modify the Service or any portion of the Service. Notwithstanding the foregoing, you may download the “Challenge Exercise” documents to edit and complete them.
Under no circumstances may a user of the Service (i) frame or utilize framing techniques to enclose any part of the Service; (ii) gather, obtain, use, access or otherwise copy any part of the Service by using any bot, spider, crawler, spy ware, engine, device, software or any other automatic device, utility or manual process of any kind; (iii) use the Service or any features available on the Service in any manner with the intent to interrupt, damage, disable, overburden or impair the Service or such services; or (iv) engage in any activity that interferes with another user’s access, use or enjoyment of this Service. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
7. Copyright and Trademark Notices
The Service and any supporting software are the proprietary property of The Social Institute and/or its licensors, and are protected by U.S. and international copyright and other intellectual property laws. The reproduction, redistribution, modification or publication of any part of the Service, including without limitation any content included therein, without the express written consent of The Social Institute and/or its licensors is strictly prohibited.
Unless otherwise indicated, trademarks that appear on this Service are trademarks of The Social Institute or its affiliates. All other trademarks not owned by The Social Institute or its affiliates that appear in the Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by The Social Institute or its affiliates. You agree not to display, disparage, dilute, or taint our trademarks or use any confusing similar marks or use our trademarks in such a way that would misrepresent the ownership of such marks. Any permitted use of our trademarks by you shall be to the benefit of The Social Institute.
8. User Uploads
You hereby represent and warrant that your Uploads shall not contain any viruses or other contaminating or destructive devices or features; that your Uploads will not contain any defamatory, indecent, offensive, tortious, or otherwise unlawful material or content; and that your Uploads will not be used to carry out or solicit any unlawful activity and/or be used to make commercial solicitations. You further represent and warrant that you have all necessary rights in and to the Uploads to be used in connection with the Service and that your Uploads will not infringe any intellectual property, proprietary or other rights of third parties.
BY SUBMITTING AN UPLOAD, YOU GRANT THE SOCIAL INSTITUTE A ROYALTY-FREE, PERPETUAL, IRREVOCABLE, NON-EXCLUSIVE RIGHT AND LICENSE TO USE, REPRODUCE, MODIFY, ADAPT, PUBLISH, PERFORM, TRANSLATE AND DISTRIBUTE SUCH UPLOAD (IN WHOLE OR IN PART) WORLDWIDE AND/OR TO INCORPORATE IT IN OTHER WORKS IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR HEREAFTER DEVELOPED.
9. Representation and Warranty
11. Links to and from Other Websites
13. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU ACKNOWLEDGE AND AGREE THAT NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARE MADE BY THE SOCIAL INSTITUTE OR ITS LICENSORS AND THE SOCIAL INSTITUTE AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; (b) NEITHER THE SOCIAL INSTITUTE NOR ITS LICENSORS MAKE ANY WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, AVAILABLE FOR ANY LENGTH OF TIME, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS OR DEFECTS IN THE SERVICE WILL BE CORRECTED; AND (c) ANY MATERIAL UPLOADED/DOWNLOADED OR OTHERWISE OBTAINED FROM THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK; NEITHER THE SOCIAL INSTITUTE NOR ITS LICENSORS SHALL BE LIABLE, AND YOU WILL BE SOLELY RESPONSIBLE, FOR ANY AND ALL LOSS, OR CORRUPTION, OF DATA UPLOADED OR INPUTTED BY YOU THROUGH THE USE OF THE SERVICE, AND ALL SERVICING, REPAIR, OR CORRECTION AND ANY DAMAGE TO YOUR HARDWARE AND SOFTWARE THAT MAY RESULT FROM THE USE OF THE SERVICE.
14. Limitation of Liability
IN NO EVENT SHALL THE SOCIAL INSTITUTE OR ITS EMPLOYEES, AGENTS, LICENSORS, OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OF DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE LOSS OF DATA AND/OR THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, the limitations above may not apply to you.
15. Equitable Relief
You and The Social Institute agree that your breach or your threatened breach of Section 6 or any term of the Confidentiality Agreement would cause irreparable harm to The Social Institute for which monetary damages would not be adequate remedy and that, in the event of such breach or threatened breach, The Social Institute will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court of competent jurisdiction, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity or otherwise.
The Social Institute always welcomes suggestions and comments regarding the Service. Any comments or suggestions submitted to the Service or The Social Institute, either online or offline, will become The Social Institute’s property upon their submission, and The Social Institute may or may not use any such submissions in any manner. This policy is intended to avoid the possibility of future misunderstandings when projects developed by The Social Institute might seem to others to be similar to their own submissions or comments.
17. Digital Millennium Copyright Act Compliance
If you have any copyright concerns about any materials posted on the Service by others, please let us know. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512). Unless otherwise stated in any specific DMCA designation provided by The Social Institute, please provide us with written notice (“Notice”) by contacting our Designated Agent at the following address:
Win At Social, Inc.
PO Box 3755
Chapel Hill, NC 27515
To be effective, the Notice must include the following:
- A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, (“Complaining Party”) of an exclusive right that is allegedly being infringed upon;
- Information reasonably sufficient to permit The Social Institute to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address;
- Identification of the allegedly infringing material on the Service (“Infringing Material”), and information reasonably sufficient to permit The Social Institute to locate such material on the Service;
- Identification of the copyrighted work claimed to have been infringed upon (“Infringed Material”), or if multiple copyrighted works on the Service are covered by a single Notice, a list of each copyrighted work claimed to have been infringed (please be specific as to which Infringing Material is infringing on which Infringed Material);
- A statement that the Complaining Party has a good faith belief that use of Infringing Material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the Notice is accurate, and under penalty of perjury, that the Complaining Party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
18. General Information; Governing Law