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Terms & Conditions

Sliding Social^™ PRO

Sliding Social^™ is a product of UP Creative, Inc. These terms and conditions ("Terms of Service") govern your access to and use of UP Creative, Inc.'s ("Sliding Social^™") products, software, services, and web site (collectively "Services"), and any and all information, text, graphics, photos or other materials uploaded, downloaded, or appearing on the Services (collectively "Content"). By accessing and using the Services, you are agreeing to be bound by these Terms of Service. If you do not agree to be bound by these Terms of Service, you are not allowed to use the Services. Wherever used in these Terms of Service, "you", "your" or similar terms mean the person or legal entity utilizing or accessing the Services.

UP Creative, Inc. may update and change the Terms of Service from time to time without notice. Continued use of the Service after any such changes shall constitute your consent to such changes. You are responsible for regularly reviewing the most current version of the UP Creative, Inc. & Sliding Social^™ Terms of Service, which are currently available at:

TERMS AND CONDITIONS

These Terms of Service include privacy policy, which is currently available at: PRIVACY. By accessing and using the Services you are consenting to (or promising that you have obtained appropriate consent for) the collection and use of personal information by UP Creative, Inc. in accordance with UP Creative, Inc.’s privacy policy.

Basic Terms

All billing will appear as ‘UP Creative, Inc.’
You are responsible for your use of the Services and for any Content accessed or made available to others through your account (even if that Content is accessed or made available by others). You take all risks associated with the Services and any Content accessed or made available to others through your account. UP Creative, Inc. will not be held responsible for your use of the Services or for any such Content.
To access or use the Services, you must be able to form a binding contract with UP Creative, Inc. and you must not be prohibited from receiving the Services under Canadian law or any other applicable laws.
UP Creative, Inc. may change the Services or stop providing them (temporarily or permanently) at any time and from time to time without notice.
You acknowledge that the Services allow you to access and use content and services offered by third party service providers (e.g., Twitter, Facebook) ("Third Party Service Providers"). You must agree to comply with the relevant terms and conditions of any such Third Party Service Provider.
Your access to and use of the Services must be in accordance with these Terms of Service. If you violate these Terms of Service, you are no longer permitted to use the Services and UP Creative, Inc. may (but has no obligation to) terminate your ability to access or use the Services at any time.

Your Account

You must provide your legal full name, a valid email address, and any other information requested in order to complete the account sign-up process.
You are responsible for maintaining the security of your account login information and for any activities or actions occurring under your account. UP Creative, Inc. encourages you to use a "strong" password (passwords that use a combination of upper and lower case letters, numbers and symbols) for your account. UP Creative, Inc. will not be responsible for any loss or damages resulting from your failure to comply with this obligation.
One person may only use each account login - a single login shared by multiple people is not permitted. You may create separate logins for your account for as many people as you'd like. Multiple users for single accounts are permitted in 'CORPORATE ENTERPRISE' systems only.
You must be a human. Accounts registered by "bots" or other automated methods are not permitted.

Use and Restrictions

You may only use the Services to: (a) access Content on UP Creative, Inc.'s Sliding Social^™ website; and (b) access, manage and obtain information about your accounts with Third Party Service Providers in accordance with these Terms of Service and any terms specified by the Third Party Service Providers.
You may not access or search or attempt to access or search the Services by any means (automated or otherwise) except through UP Creative, Inc.'s currently available interfaces.
You may not use the Services for any illegal or unauthorized purpose, including in any way that violates copyright or other laws applicable in Canada or applicable to you.
You may not use the Services in a way that is detrimental to the operation of the Services or the access or use of the Services by anyone else. This restriction applies to any use that interferes or attempts to interfere with the normal operations of the Services, including by hacking, deleting, augmenting or altering the Services or any Content.
You may not, without UP Creative, Inc.'s prior written permission (including the permissions granted by these Terms of Service): (a) copy, distribute (including by framing any of the Services on any web site), modify, enhance, translate, reproduce, sell, resell, sublicense, rent, lease, or otherwise attempt to exploit the Services; (b) decompile, disassemble, reverse engineer, or otherwise attempt to discover the source code (except to the extent that this restriction is expressly prohibited by law); (c) make derivative works of the Services; or (d) modify another website so as to falsely imply that it is associated with the Services, UP Creative, Inc. or any other UP Creative, Inc. products or services.

Content

You understand that by using the Services you may be exposed to Content that might be unlawful, offensive, harmful, inaccurate, or otherwise inappropriate or deceptive. UP Creative, Inc. does not pre-screen Content and cannot be responsible for the Content accessed or made available to others through the Services,
UP Creative, Inc. and its designees have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Services. UP Creative, Inc. may (but has no obligation to) remove Content and accounts containing Content that UP Creative, Inc. determines in its sole discretion to be unlawful, offensive, harmful, inaccurate, or otherwise inappropriate or deceptive (including Content that UP Creative, Inc. determines in its sole discretion to: (a) be libelous, defamatory, pornographic, obscene, or otherwise objectionable; or (b) violate any party's intellectual property).
UP Creative, Inc. does not permit verbal, physical, written or other abuse (including threats of abuse or retribution) of any UP Creative, Inc. customer, employee, member, or officer. Engaging in any such behavior may at UP Creative, Inc.'s sole discretion result in the immediate termination or your account.
You must not upload, post, host, transmit or otherwise make available to others unsolicited email, SMSs, or "spam" messages through the Services.
You must not transmit or otherwise make available to others any worms or viruses or any code of a destructive nature ("Viruses") through the Services.

Payment Matters & Terms for Pro and Marketing Service Plans

If you are purchasing Services from UP Creative, Inc., you must provide UP Creative, Inc. with a valid credit card.
Your Sliding Social^™ account service fees will be billed monthly to your credit card. The charge will appear from UP Creative, Inc. at the rate chosen in your sign up contract for the annual program.
Upon joining Sliding Social, your credit card will be charged one-dollar ($1.00) for verification purposes to determine that your credit card is valid.
The $1.00 verification charge is non-refundable.
If you registered during a 'special offer,' that promotional rate will be your monthly or annual fee for a standard annual membership. The billing date is configured by the processing system and may not be your actual enrollment date, but another date within that same month. Your agreement is an annual contract from your Service Activation Date.
Cancellation requests must be made via the Sliding Social Support System though a support ticket and will be only be applied to the following year renewable annual billing term once the 90-day 'trial period' has passed.
'Support Ticket' is defined as using the approved system support system within your account to contact and request cancellation.
You will be able to access your Sliding Social Account and all of the services offered through Sliding Social after your cancellation is processed until the end of your annual contract.
If you have cancelled your subscription, all services and access to the system will be terminated at the end of your contract term unless you reinstate in writing via the Sliding Social support system prior to the end of your annual term.
The Automated Recurring Billing system will automatically renew a one-year contract every year from enrollment unless cancelled under the approved methods of the system as defined above.
You understand there are no refunds or credits for the Sliding Social program regardless of the monthly usage amount of the user. Cancellation of your automatic billing renew can be done anytime but must be requested as defined, and will be applied to the following annual term. Specifically this means you will not be rebilled for a new annual subscription at the time your current annual subscription expires.
Purchased Services are billed in advance on a monthly basis and are non-refundable. This means that there will be no refunds for partial months of service, or for months where the Services were unused.
All fees are exclusive of taxes, levies, withholdings or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, withholdings or duties in addition to the fees.
You must fill out your correct province/state and country so that UP Creative, Inc. can understand its obligations to applicable taxation authorities.

Modifications to the Services and Prices

UP Creative, Inc. may change the Services at any time and from time to time without notice. Any changes to the Services, including releases of new features, tools or resources, shall be subject to these Terms of Service. UP Creative, Inc. may also stop (temporarily or permanently) providing the Services (or any part of the Services) to you or to its customers generally without prior notice.
Prices of all Services, including but not limited to monthly subscription plan fees for Services, are subject to change upon 30 days notice from UP Creative, Inc. Such notice may be provided at any time by posting the changes on UP Creative, Inc.'s Sliding Social^™ Website (currently located at Website).
UP Creative, Inc. shall not be liable to you or to any third party for any change to the Services, price change, suspension or discontinuance of the Services.

Cancellation and Termination

If you choose to cancel your paid membership account as defined, you are solely responsible for doing so properly. The current account cancellation procedure is as follows: (a) you must log in to the Service and navigate to "Account Settings"; then (b) you must click the "Cancel My Account" button or send a support request using the support contact links within your Sliding Social account. Once your following billing year arrives and access to your account is removed, your Content cannot be recovered.
UP Creative, Inc. does not accept any responsibility for loss of Content due to account cancellation.
UP Creative, Inc., in its sole discretion, has the right to suspend, terminate or restrict your access to the Services, or any other UP Creative, Inc. service, for any reason and at any time. Such termination of the Services will result in the deactivation or deletion of your account or your access to your account, and the deletion of all content on your account. UP Creative, Inc. reserves the right to refuse to provide the Services to anyone for any reason at any time.
The provisions regarding "Use and Restrictions", "Payment Matters", "Cancellation and Termination", "Ownership", "Disclaimer and Limitation of Liability" and "General" and any provisions, which by their nature survive, shall survive the termination of these Terms of Service.

Ownership and Licenses

UP Creative, Inc. and its licensors retain title to and ownership of all rights (including copyright, trade-mark, patent, trade secret and all other intellectual property rights) in and to the Services and UP Creative, Inc.'s Content. You acquire no rights whatsoever to all or any part of the Services except for the limited use rights granted by these Terms of Service. All rights not expressly granted to you are reserved to UP Creative, Inc. and its licensors.
We claim no intellectual property rights over the Content made available to others through your account. Additionally, your profile and other Content you provide to UP Creative, Inc. in connection with the Services remain yours. However, by making that Content available to others through the Services, or providing it to UP Creative, Inc. through the Services, you grant UP Creative, Inc. a worldwide, non-exclusive, royalty-free, fully paid up license (with a right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content through any or all media or distribution methods (whether now known or hereafter developed). You also acknowledge that the purpose of the Services is to access the services of Third Party Service Providers, and that as a result you are agreeing to grant to UP Creative, Inc. any and all other rights you grant to applicable Third Party Service Providers.
By posting and using the Service, you agree that you are following the relevant terms and conditions of the Third Party Service Provider you are linking to.
By posting and using this service, you agree that Sliding Social^™ may present the target site within a frame, and that the frame may contain advertising and tools related to the Services.

Disclaimer and Limitation of Liability

THE SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND. USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. UP CREATIVE, INC. & SLIDING SOCIAL^™ DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, CURRENCY, OR TIMELINESS OF THE SERVICES. UP CREATIVE, INC. & SLIDING SOCIAL^™ DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY INCOMPLETENESS, ERRORS, SECURITY, VIRUSES, BUGS, PROBLEMS, OMISSIONS, INACCURACIES OR OTHER LIMITATIONS IN, OR INTERRUPTIONS IN THE OPERATION OF, THE SERVICES.

TO THE FULLEST EXTENT PERMITTED BY LAW, UP CREATIVE, INC. DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SERVICES WHETHER EXPRESS, IMPLIED OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THAT THE SERVICES ARE OR WILL BE SECURE, COMPLETE OR FREE OF ERRORS, VIRUSES, BUGS, PROBLEMS OR OTHER LIMITATIONS OR WILL OPERATE WITHOUT INTERRUPTION. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. UP CREATIVE, INC. & SLIDING SOCIAL^™ DISCLAIMS ALL LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE, GROSS NEGLIGENCE OR WILFUL MISCONDUCT), PRODUCT LIABILITY, STRICT LIABILITY, STATUTORY LIABILITY, BREACH OF A FUNDAMENTAL TERM, FUNDAMENTAL BREACH, OR ANY OTHER LEGAL THEORY, FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION ANY (I) DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE LOSS OR DAMAGE, (II) LOST PROFITS OR SAVINGS, (III) BUSINESS INTERRUPTION, (IV) LOSS OF PROGRAMS OR DATA (INCLUDING ANY CONTENT), (V) LOST REVENUE OR FAILURE TO REALIZE EXPECTED SAVINGS, (VI) LOSS OF USE, (VII) PERSONAL INJURY, (VIII) FINES, FEES, PENALTIES, OR (VI) ANY OTHER LOSSES OR DAMAGES WHETHER OR NOT HOOTSUITE MEDIA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THE SERVICES.

General Conditions

Technical support is only provided to paying account holders. The section below entitled "SLIDING SOCIAL^™ SUPPORT" describes UP Creative, Inc.'s objectives for response and resolution times and includes, where appropriate, your sole remedy for a failure to meet these objectives.
You understand that UP Creative, Inc. uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.
You understand that the technical processing and transmission of the Services, including your Content, may be transferred unencrypted and involve: (a) transmissions over various network(s); and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage of other Sliding Social^™ customers (as determined by UP Creative, Inc. in its sole discretion), UP Creative, Inc. reserves the right to immediately disable or impose restrictions upon your account until you reduce your bandwidth consumption.
The failure of UP Creative, Inc. to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and UP Creative, Inc. and governs your use of the Services, superseding any prior agreements between you and UP Creative, Inc. (Including, but not limited to, any prior versions of the Terms of Service). A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Subject to UP Creative, Inc.'s ability to amend these Terms of Service, they cannot be changed.
If any of the provisions contained in these Terms of Service are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Service and such determination shall not affect the remaining provisions contained herein.
You may not assign these Terms of Service or any of your rights or obligations under these Terms of Service to a third party. Subject to the foregoing, these Terms of Service shall ensure to the benefit of and be binding upon you and UP Creative, Inc. & Sliding Social^™ and their respective successors (including any successor by reason of amalgamation) and assigns.
You agree that if you sue UP Creative, Inc. and do not obtain judgment in your favor, you will pay all of UP Creative, Inc.'s costs, including reasonable fees for in-house and outside legal counsel.
These Terms of Service are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any controversy, claim or dispute between you and UP Creative, Inc. shall be determined by one arbitrator in binding arbitration administered by the American Arbitration Association pursuant to its Commercial Arbitration Rules, the Optional Rules for Emergency Measures of Protection, and the Supplementary Procedures for Online Arbitration. The arbitral award will be final and binding, and may be enforced in any court of competent jurisdiction. The parties consent to the non-exclusive jurisdiction of the State and Federal Courts located in Los Angeles, California. The Agreement, and any other legal notices published by UP Creative, Inc. on the Sliding Social^™ Website, shall constitute the entire agreement between you and UP Creative, Inc. concerning the UP Creative, Inc. & Sliding Social^™ Website and its services. If a court of competent jurisdiction deems any provision of the Agreement invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of the Agreement, which shall remain in full force and effect. No waiver of any term of the Agreement shall be deemed a further or continuing waiver of such term or any other term, and any failure to assert any right or provision under the Agreement shall not constitute a waiver of such right or provision. UP Creative, Inc. reserves the right to amend the Agreement at any time and without notice, and it is your responsibility to review the Agreement for any changes. Your use of the UP Creative, Inc. Sliding Social^™ Website following any amendment of this Agreement will signify your assent to and acceptance of its revised terms on a prospective basis. Any claim or issue that arises between you and UP Creative, Inc. is subject to the provisions of the Agreement in effect as of the date of the alleged actions or omissions from which the claim arises.
YOU AND UP Creative, Inc. AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE UP Creative, Inc. Sliding Social^™ WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED

Government Agencies

UP Creative, Inc. creates individual "Enterprise" Terms of Service agreements for Corp. and Large company entities and US federal government agencies who want to work with UP Creative, Inc. with the Sliding Social^™ product and service. Companies and Agencies seeking to use UP Creative, Inc.'s Sliding Social's Enterprise Services should do the following:

If you determine that your company or agency can enter into an agreement with UP Creative, Inc., your agency's POC should contact UP Creative, Inc. at www.upcreativeinc.com or the contact page on the Sliding Social website located here: Contact Us

SLIDING SOCIAL^™ SUPPORT (*Only available for PRO accounts)
Support Ticket System - Average First Response within 6 hours from ticket submission

Types of Problems	Response Time	Est. Resolution Time
*Technical Instructions	Within 48 hours	Within 3 business days from last customer response
*Known Problems	Within 24 hours	Prioritize, fix and keep client informed of progress
*Account Issues	Within 24 hours	Within 3 business days from last customer response

TERMS & CONDITIONS ENTERPRISE EDITION