Terms of Service

Please read these terms and conditions carefully before using this site or any of the services available on this site. If you do not agree to all of these terms and conditions of use, do not use the site or any of its services.

Last updated: June 29, 2009

Welcome to the Viralheat website at www.viralheat.com (“Site”), offered by Viralheat, Inc. (“Viralheat, “we,” or “us”). The following are the terms and conditions for use of the Site and to any Viralheat services, including the Viralheat Alert services, that may be made available from time to time on and through the Site (the “Service” or “Services”). Please read them carefully. By clicking the “I Accept” button, completing the registration process and/or using any of the Services, you agree that you (either an individual or a legal entity that you represent as an authorized employee or agent) (“You”) are eligible for an account and you agree to abide by all of these terms and conditions of the Services (the “Terms of Service” or “Agreement”). The Services are offered to you on the condition that you accept these Terms of Service without modification. Violation of these Terms of Service may result in the immediate termination of your account, in addition to any other legal and equitable remedies that we or third parties may have against you. We reserve the right to modify these Terms of Service at any time upon posting a revised version hereof. By accessing or using our Site or any of our Services, you agree to be bound by these Terms of Service, as revised from time to time.

Paid Memberships & Subscriptions. We may offer paid subscriptions to our Services. All subscriptions are billed in advance on a monthly basis. Your credit card will be charged on a recurring monthly basis starting on the 30th day after your account was initially created. The Services are month-to-month pay-as-you-go services, so we don’t provide refunds (partial or full). You are billed every month in advance for the Service(s) (at the level you have selected). No refunds for periods of inactivity will be issued. If you choose to upgrade or downgrade your service plan, your credit card will be charged the difference between your previous rate and your new rate for the remainder of your term. On your next regular billing date you will be charged the new rate for your new plan. Downgrading your service plan may cause the loss of some or all content, features, functionality, or capacity of your account.

The prices of all membership plans may change upon thirty (30) days notice to you. Such notice may be provided at any time by posting the changes to the Site or by contacting you using the contact information you have provided to us. Viralheat will not be liable to you or to any third party for any modifications, price changes, or suspension or discontinuation of the Site or Services. Service fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies, or duties, excluding only United States income (federal or state) taxes.

Subscription Account, Password & Security.

To register for any of our Services, you must complete the registration process by providing Viralheat with current, complete and accurate information, including your e-mail address (which serves as your username) and password and payment information. You are solely responsible for the protection of your passwords and take full responsibility for any and all activities under your accounts. You are solely responsible for any and all activities that occur under your account. You agree to notify Viralheat immediately upon learning of any unauthorized use of your account or any other breach of security.

Cancellation of the service.

You may cancel your subscription to our Services at any time by clicking on the Account link in the navigation bar at the top of the screen on the Site. You are solely responsible for properly canceling your account through this link, and an email or phone request to cancel your account will not be considered effective for cancellation. All of your saved data will be immediately deleted from the Service upon cancellation, and this information cannot be recovered once your account is cancelled. If you cancel your account before the end of your current paid up month, Your cancellation will take effect immediately and you will not be charged again. Viralheat, in its sole discretion, has the right to suspend or terminate your account and to terminate, limit, or restrict, or to otherwise refuse, any and all current or future use of the Site, any or all of the Services, or any other Viralheat service by any user or subscriber, for any reason at any time. If you are a subscriber to one or more Services that are terminated, limited, or restricted, such termination of the Services will result in the deactivation or deletion of your account or your access to your account as described in this paragraph.

Usage Restrictions.

You agree not to use the Site or Services for any purpose that is unlawful or prohibited by these Terms of Service. You agree to abide by all applicable local, state, national and international laws and regulations. You also agree not to either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content (including text, communications, video, software, images, sounds, data or other information) using any communications service or other service available on or through the Site or the Services, that (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, profane or which otherwise violates these Terms of Service; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”); (iv) imposes an unreasonable or disproportionately (in the sole judgment of Viralheat) large load on our computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Site, the Services, other accounts, computer systems or networks connected to the Site or the Services, through password mining or otherwise; (v) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of Viralheat or any third party; or (vi) impersonates any person or entity, including any employee or representative of Viralheat.

You will also not use any robot, spider, scraper or other automated means to access the Site or any of the Services for any purpose. Additionally, You will not: (i) interfere or attempt to interfere with the proper working of the Site or Services or any activities conducted on or in connection with the Site or the Services (including, without limitation, any third-party services monitored by the Services); or (ii) bypass any measures Viralheat uses to prevent or restrict access to the Site or Services.

You may view and print material displayed on this Site and the Services subject to the following conditions: (a) the materials may be used solely for your own, personal information and not for commercial use; and (b) you must retain all copyright, trademark and other proprietary notices affixed to or contained in the original materials on any copies thereof. You may not reproduce, frame, distribute, transmit, modify, alter, reverse engineer or prepare derivative works from this Site, any of the Services, or any portion hereof or thereof. Use of spiders, robots and similar data gathering and extraction tools is expressly prohibited. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other proprietary interest of ours, our suppliers or any third party. Any rights not expressly granted herein are reserved.

Copyright and Trademark Notice.

This Site and all Services, including all text, images, software and other content contained herein and therein, and the compilation and arrangement thereof, are owned exclusively by us and/or our suppliers and are protected by copyright, trademark, and other laws. All rights reserved. All trademarks appearing on this Site are the property of their respective owners. You may not use any such trademarks for any purpose whatsoever without the express prior written permission of the owner.

Rules of Conduct for Interactive Areas.

The Site and the Services may contain interactive areas and features, such as blogs, forums, message boards, message services and chat rooms (the “Interactive Areas”), that enable you or third parties to create, post, transmit or store messages, text, images, photos, graphics, music, sound, data, information, or other materials, items or content on the Site and the Services (the “User Content”). You are solely responsible for your use of such Interactive Areas and the User Content and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:

  1. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  2. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
  3. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
  4. User Content or activities that impersonates any person or entity (whether via the use of an email address or otherwise) or that otherwise misrepresents your affiliation with a person or entity or the source of any email;
  5. Transmission of any email or other communications in violation of the CAN-SPAM Act or any other applicable laws pertaining to unsolicited email, SMS, text messaging, or other communications; or the transmission of unsolicited emails to significant numbers of email addresses belonging to individuals and/or entities with whom you have no preexisting relationship;
  6. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, without their express permission, and any third party private financial information such as Social Security numbers and credit card numbers;
  7. Viruses, worms, defects, hoaxes, Trojan horses, corrupted data or other harmful, disruptive, deceptive or destructive files; and
  8. User Content that, in the sole judgment of Viralheat, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas (or any other portion the Site or any Services), or which may expose Viralheat or its users to any harm or liability of any type. Any use of the Interactive Areas or other portions of the Site or the Services in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Interactive Areas, and/or the Site and the Services.

Submissions.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Services of Viralheat, provided by you in the form of email or other submissions to the Site or Service are nonconfidential and shall become the sole property of Viralheat. Viralheat shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use, publication and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Accuracy of Information.

While we use reasonable efforts to furnish accurate and up-to-date information, we do not warrant that any information contained in or made available through this Site or the Services is accurate, complete, reliable, current or error-free. We assume no liability or responsibility for any errors or omissions in the content of the Site, the Services, or such other materials or communications.

Disclaimer of Warranties and Limitations of Liability.

YOUR USE THIS SITE AND THE SERVICES AT YOUR OWN RISK. THE MATERIALS IN THIS SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Viralheat AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. Viralheat DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE SERVICES, OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Viralheat DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN, OR ACCESSIBLE THROUGH, THIS SITE OR THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT Viralheat) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.

Links to Third Party Websites.

For your convenience, this Site and the Services may provide hyperlinks to websites and services maintained by third parties. We do not control, evaluate, endorse or guarantee content found in such sites or services. We do not assume any responsibility or liability for the actions, products, services and content of these sites or the parties that operate them. Your use of such sites and services is entirely at your own risk.

Termination or Suspension of Access.

We reserve the right to terminate, suspend or otherwise restrict your access to this Site and the Services, or any portion hereof, at any time for any reason whatsoever including, but not limited to, your violation of these Terms of Service or any inappropriate or unlawful behavior on your part. We shall not be liable to you or any third party for any such termination, suspension or restriction.

Applicable Laws.

This Site and the Services available on the Site are maintained from within the State of California, USA. We make no representation that this Site or its Services, or any content on or accessed through this Site or its Services, is appropriate or available for use in other jurisdictions. You are responsible for compliance with all local laws and regulations, as applicable. Use of this Site and its Services, and any dispute arising therefrom, shall be governed by the laws of the State of California without regard to principles of conflict of laws.

Modifications.

We reserve the right to modify, suspend or discontinue this Site, the Services, or any portion hereof at any time with or without notice. We shall not be liable to you or to any third party for any such modification, suspension or discontinuance.

Miscellaneous.

If there is a determination that any provision of these Terms of Service is invalid or unenforceable under applicable law, that determination will not affect the rest of these Terms of Service, and these Terms of Service shall be deemed amended to the minimum extent necessary to make them valid and enforceable. Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Our licensors and suppliers shall be deemed third party beneficiaries under these Terms of Service for purposes of enforcing their rights in their respective intellectual property.