SocialWhirled Terms Of Service

THE FOLLOWING TERMS OF SERVICE (THE "TERMS") GOVERNS YOUR USE OF THE SOCIALWHIRLED SERVICES OR ANY SOCIALWHIRLED PRODUCTS, SOFTWARE, DATA FEEDS, APPLICATIONS, AND SERVICES PROVIDED TO YOU ON, FROM, OR THROUGH WEBSITES OR APPLICATIONS (COLLECTIVELY, THE "SERVICE") PROVIDED TO YOU BY SOCIALWHIRLED, LLC ("US", "WE" OR "SOCIALWHIRLED") AND, BY YOUR USE OF THE SERVICE, YOU ARE AGREEING TO THEM. THESE TERMS, TOGETHER WITH ANY OTHER POLICIES OR GUIDELINES POSTED ON OUR WEBSITES AND ANY OTHER WRITTEN AGREEMENTS BETWEEN YOU AND SOCIALWHIRLED (COLLECTIVELY, THE "OTHER AGREEMENTS") SHALL GOVERN YOUR USE OF THE SERVICE. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE.

Terms of Service

  1. Your Acceptance

    1. By using the Service, or by merely browsing our website, you signify your agreement to (1) these Terms or Service, and (2) SocialWhirled's Privacy Policy located at http://www.socialwhirled.com/privacy (the "Privacy Policy") and each are incorporated herein by reference. If you do not agree to any of these Terms or the Privacy Policy, please do not use the Service.
    2. We reserve the right to modify these Terms at any time, and without prior notice, by posting amended terms. You should periodically review the most up-to-date version found at http://www.socialwhirled.com/terms SocialWhirled may, in its sole discretion, modify or revise these Terms and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.
    3. Where SocialWhirled has provided you with a translation of the English language version of the Terms, you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with SocialWhirled. If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
  2. Service; Links to Third Party Sites

    1. These Terms apply to all users of the Service, including users who are also contributors of Content through the Service. “Content” includes the text, audio, software, scripts, electronic documents, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, user and viewer comments and other materials you may view on, access through, or contribute through the Service. The Service includes all aspects of the Services, including but not limited to all products, software and services offered by SocialWhirled and all related websites and/or applications including mobile applications.
    2. The Service may contain links to third party websites that are not owned or controlled by SocialWhirled. In addition, through your use of the Service, you may provide information and content to third parties that are not owned or controlled by SocialWhirled. SocialWhirled has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party. In addition, SocialWhirled will not and cannot censor or edit the content of any third-party website or application. By using the Service, you expressly relieve SocialWhirled from any and all liability arising from your use of any third-party website or application.
    3. Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit or application that you use.
  3. SocialWhirled Accounts

    1. In order to access some features of the Service, you will have to create a SocialWhirled account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information and you will take necessary steps to keep you account information updated. You are solely responsible for the activity that occurs on your account. If you use a password in connection with the Services, you must keep your account password secure. You must notify SocialWhirled immediately of any breach of security or unauthorized use of your account.
    2. Although SocialWhirled will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of SocialWhirled or others due to such unauthorized use.
    3. You acknowledge and agree that while SocialWhirled may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by SocialWhirled at any time, at SocialWhirled’s discretion.
  4. General Use of the Service—Permissions and Restrictions

    SocialWhirled hereby grants you permission to access and use the Service as set forth in these Terms, provided that:

    1. SocialWhirled reserves the right to reject any activities as we see fit. In particular, you understand and agree not to use the Services in any illegal or unauthorized manner or for any illegal or unauthorized purposes, including without limitation, the following:
      • To impersonate any person or entity, or otherwise misrepresent your identity
      • To transmit, deliver, upload, display, or otherwise post content in any form, or initiate communications through the Services which are in violation of any law or regulation, defamatory or libelous, abusive or threatening towards or invasive of the privacy of any third party, obscene, discriminatory, or otherwise objectionable.
      • For any illegal purpose or to advocate illegal activity.
      • To transmit, deliver, upload, display, or otherwise post content that is treated as confidential under any contract, policy or fiduciary relationship.
      • To transmit, deliver, upload, display, or otherwise post content in any form through the Services that infringes upon the proprietary rights of any person, including patents, trademarks, trade secrets, copyrights and moral rights.
      • To transmit, deliver, upload, display, or otherwise post content in any form through the Services that includes any unsolicited emails or advertising. This prohibition includes but is not limited to using the Services in order to send unsolicited promotional messages, including "junk mail" and "spam".
      • To use technological means (e.g., automated scripts, electronic harvesting means) to collect email addresses, other information of other users, or any other data through the Services.
      • Any unauthorized use of any robot, spider, or other automated device with the Services.
      • Any unauthorized framing of or linking to the Services.
      • To transmit, deliver, upload, display, or otherwise post content in any form through the Services that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
      • To intimidate, harass, offend, threaten, embarrass, stalk or invade the privacy of any individual or entity.
      • To access or use the Services in a manner that could damage or overburden servers or networks connected to the Services.
      • To solicit personal information from anyone under the age of fifteen (15).
    2. You agree not to distribute in any medium any part of the Service or the Content without SocialWhirled's prior written authorization, unless SocialWhirled makes available the means for such distribution through functionality offered by the Service.
    3. You agree not to alter or modify any part of the Service.
    4. You agree not to access Content through any technology or means other than those offered through the Service or other explicitly authorized means that SocialWhirled may designate.
    5. You agree not to use the Service for any of the following commercial uses unless you obtain SocialWhirled's prior written approval:
      • the sale of access to the Service;
      • the sale of advertising, sponsorships, or promotions placed on or within the Service or Content;
    6. Prohibited commercial uses do not include:
      • uploading original Content (including content related to business or artistic enterprise);
      • any use that SocialWhirled expressly authorizes in writing.
    7. You may not modify, build upon, or block any portion or functionality of any technology offered in the Service.
    8. If you use the Service, you agree that we may automatically download and install updates from time to time from SocialWhirled. These updates are designed to improve, enhance and further develop your experience and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit SocialWhirled to deliver these to you) as part of your use of the Services.
    9. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, SocialWhirled grants the operators of public search engines permission to use spiders to copy materials from the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. SocialWhirled reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
    10. In your use of the Service, you will comply with all applicable laws.
    11. SocialWhirled reserves the right to discontinue any aspect of the Service at any time.
  5. Your Use of Content

    In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.

    1. The Content on the Service, and the trademarks, service marks and logos (collectively, the "Marks") on the Service, are owned by or licensed to SocialWhirled, subject to copyright, trademark and other intellectual property rights under the law.
    2. Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms. You shall not download any Content unless you see a “download” or similar link displayed by SocialWhirled on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of SocialWhirled or the respective licensors of the Content. SocialWhirled and its licensors reserve all rights not expressly granted in and to the Service and the Content.
    3. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
    4. You understand that when using the Service, you will be exposed to Content from a variety of sources, and that SocialWhirled is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SocialWhirled with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless SocialWhirled and its affiliates, and subsidiaries and their respective officers, directors, employees, consultants, agents, representatives, professional advisors, licensors, and contractors to the fullest extent allowed by law regarding all matters related to your use of the Service and/or access to Content.
  6. Promotions

    1. Promotions offered through the Service and the compliance of those promotions with the all applicable rules, terms, conditions, laws, rules and regulations are the sole responsibility of the promotion’s sponsor. If you enter a promotion, you should review the applicable terms and rules of the promotion.
    2. You acknowledge and agree that SocialWhirled does not sponsor or endorse promotions through the Services. Accordingly, SocialWhirled is not responsible for any content of any promotion or for the promotion’s compliance with applicable laws rules or regulations. SocialWhirled is also not responsible for the failure of a promotion sponsor to comply with rules, terms, conditions, policies and applicable laws rules or regulations governing any promotion.
    3. Sponsors may require you to submit personal information in order to participate in a promotion. You agree and acknowledge that any information you provide to the sponsor of a promotion may also be used by SocialWhirled in accordance with SocialWhirled’s Privacy Policy. SocialWhirled is not responsible for the Sponsor’s use of the personal information you provide. In addition to reading the rules for promotions, we encourage you to read the Privacy Policy of the sponsors of promotions in which you participate.
  7. Your Content and Conduct

    1. As a SocialWhirled account holder you may submit Content through the Service. You understand that SocialWhirled does not guarantee any confidentiality with respect to any Content you submit. In addition, you may submit content to third parties through the Services. SocialWhirled has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party.
    2. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content through the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to SocialWhirled all patents, trademarks, trade secret, copyright or other proprietary rights in and to such Content for publication through the Service pursuant to these Terms. Whether those rights happen to be registered or not, and wherever in the world those rights may exist, unless you have agreed otherwise in writing with SocialWhirled, you agree that you are responsible for protecting and enforcing those rights and that SocialWhirled has no obligation to do so on your behalf.
    3. For clarity, you retain all of your ownership rights in your Content. However, by submitting Content through the Services, you hereby grant SocialWhirled, and the sponsors of promotions to which you submit content, a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid-up, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and SocialWhirled's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels now existing or hereinafter created. You also hereby grant each user of the Service a worldwide, non-exclusive, royalty-free, fully paid-up, license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms. The above licenses granted by you in Content you submit to the Service shall survive any removal or deletion of your Content from the Service.
    4. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant SocialWhirled all of the license rights granted herein.
    5. SocialWhirled does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and SocialWhirled expressly disclaims any and all liability in connection with Content. SocialWhirled does not permit copyright infringing activities and other infringement of intellectual property rights on the Service. SocialWhirled will remove all Content if properly notified that such Content infringes on another's intellectual property rights. In addition, if notified that such Content infringes on another’s intellectual property rights, SocialWhirled reserves the right to notify the sponsor of promotions to which the Content was submitted. SocialWhirled reserves the right to remove Content without prior notice.
    6. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices), which may be affixed to or contained within the Services.
    7. Unless you have been expressly authorized to do so in writing by SocialWhirled, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
  8. Account Termination Policy

    1. SocialWhirled may refuse service without prior notice to any user for any reason or no reason.
    2. SocialWhirled may terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
    3. SocialWhirled reserves the right to decide whether Content violates these Terms for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. SocialWhirled may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms.
    4. SocialWhirled also reserves the right to terminate its legal agreement with you if it (i) is required to do so by law, (ii) SocialWhirled decides to no longer provide services in the country or region in which you reside or (iii) the provision of the Service to you by SocialWhirled is, in SocialWhirled’s opinion, no longer commercially viable.
    5. You acknowledge and agree that if SocialWhirled disables access to your account, you may be prevented from accessing the Service, your account details or any files or other Content that is contained in your account.
    6. You may terminate or suspend your account by accessing your account information. Your only right and remedy with respect to any dissatisfaction with the Service is to terminate this Agreement and your use of the Service.
  9. Advertisements

    1. Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
    2. The manner, mode and extent of advertising by SocialWhirled on the Services are subject to change without specific notice to you.
    3. In consideration for SocialWhirled granting you access to and use of the Services, you agree that SocialWhirled may place such advertising on the Services.
  10. Digital Millennium Copyright Act

    1. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
      • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
      • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
      • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
      • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
      • A statement that you have a good faith belief that use of the 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 notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

      Notifications of claimed infringement are to be sent to Copyright Infringement 817 N. Central Ave., Phoenix, Arizona 85004 or via email at contact@socialwhirled.com For clarity, only DMCA notices should go to this address; any other feedback, comments, requests for technical support, and other communications should be directed to SocialWhirled customer service at info@socialwhirled.com You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

    2. Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
      • Your physical or electronic signature;
      • Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
      • A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
      • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Phoenix, Arizona, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

      If a counter-notice is received by the Copyright Agent, SocialWhirled may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at SocialWhirled's sole discretion.

  11. Warranty Disclaimer

    YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SOCIALWHIRLED, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. SOCIALWHIRLED MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF OUR WEBSITES’ OR APPLICATIONS’ CONTENT OR THE CONTENT OF ANY SITES OR APPLICATIONS LINKED TO OUR WEBSITES OR APPLICATIONS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. SOCIALWHIRLED DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SOCIALWHIRLED WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

  12. Limitation of Liability

    IN NO EVENT SHALL SOCIALWHIRLED, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

    YOU SPECIFICALLY ACKNOWLEDGE THAT SOCIALWHIRLED SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

    The Service is controlled and offered by SocialWhirled from its facilities in the United States of America. SocialWhirled makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

  13. Indemnity

    To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless SocialWhirled, its officers, directors, employees agents, partners from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Service.

  14. Ability to Accept Terms

    You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 15, as the Service is not intended for children under 15. If you are under 15 years of age, then please do not use the Service.

  15. Assignment

    These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SocialWhirled without restriction.

  16. General

    You agree that: (i) the Service shall be deemed solely based in Arizona; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over SocialWhirled, either specific or general, in jurisdictions other than Arizona. These Terms shall be governed by the internal substantive laws of the State of Arizona, without respect to its conflict of laws principles. Any claim or dispute between you and SocialWhirled, arising in whole or in part from the Service, shall be decided exclusively by a court of competent jurisdiction located in Maricopa County, Arizona. These Terms, together with the Privacy Policy and any other legal notices published by SocialWhirled on the Service, shall constitute the entire agreement between you and SocialWhirled concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and SocialWhirled's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. If SocialWhirled does not exercise or enforce any legal right or remedy which is contained in the Terms (or which SocialWhirled has the benefit of under any applicable law), this will not be taken to be a formal waiver of SocialWhirled’s rights and that those rights or remedies will still be available to SocialWhirled. SocialWhirled reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms for any changes. Your use of the Service following any amendment of these Terms will signify your assent to and acceptance of its revised terms. YOU AND SOCIALWHIRLED AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

  17. Notice

    You agree that SocialWhirled may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

SMS Terms of Service

  1. Program Description

    SocialWhirled allows mobile subscribers to opt-in to receive news and information about SocialWhirled and its products through SMS messages straight to the subscriber’s phone.

  2. Supported Carriers

    SocialWhirled Promotions are available on the following carriers:

    Alltel, Appalachian Wireless, AT&T, Bluegrass Cellular, Boost Mobile, Cellcom, Cellular South, Centennial Wireless, Cincinnati Bell, GCI, Immix Wireless, Inland Cellular, IV Cellular, MetroPCS, Nex-Tech Wireless, nTelos, Sprint PCS, T-Mobile, U.S. Cellular, United Wireless, Verizon Wireless, Virgin Mobile USA, and West Central Wireless.

  3. Cost

    There are no premium charges for joining SocialWhirled Promotions, however Msg&Data rates may apply

  4. Message Frequency

    If you opt-in to receive promotions from SocialWhirled, you will receive up to 5 messages per month

  5. How to opt-in to our service

    Text WHIRLED to 73989 to start receiving promotions. You will receive up to 5 messages a month. Msg and data rates may apply. Text HELP for help or email support@socialwhirled.com. Text STOP to opt-out at any time.

  6. How to opt-out of our service

    To opt-out of SocialWhirled Promotions, text STOP at any time to 73989. An unsubscribe message will be sent to your mobile number confirming the cancellation, but no more messages will be sent from this program after that one.

  7. Support/Help

    For support or information about our SocialWhirled Promotions, text HELP at any time to 73989. You can also email us at support@socialwhirled.com or call 1-844-464-0035.

  8. Program Description

    SocialWhirled’s top priority is the privacy of our users. The following is provided to address any concerns you may have.

    1. SocialWhirled will never, under any circumstances, sell or distribute your cell phone number to third parties or SocialWhirled clients for whom you have not approved.
    2. SocialWhirled will never directly market to you any services for which you have not opted in, either by cell phone, text message or email.
    3. SocialWhirled will never distribute any personal information about you, including your phone number, name, billing information or any other piece of identifying information.
If you have any questions, please send us an email to support@socialwhirled.com

Updated: September 30, 2014