Terms & Conditions

A. Use of the Website

Welcome to www.socialyte.com (the “Site”), owned and operated by Socialyte, LLC (“Socialyte”, “We”, “Us” or “Our”). Please read these Terms of Use (“Terms”) carefully.

By accessing or using the Site you agree to be bound by these Terms and all policies or guidelines incorporated by reference. The Terms include the following, which also applies to your use of the Site: Privacy Policy, which sets out the terms by which Socialyte will process any personal information we collect from you, or that you provide to us.

If you do not agree to all of the terms and conditions in these Terms, you do not have permission to use the Site. We recommend you print a copy of these Terms for your records.

 

B. Changes to the Terms

We reserve the right, in our sole discretion and at any time, to change, modify, or amend any provisions of the Terms or policies and guidelines governing your use of the Site. Any such changes or modifications will be effective immediately upon posting of the revisions on the Site. Your continued use of the Site following the posting of such changes or modifications constitutes your acceptance thereof. Therefore, you should frequently review these Terms and all applicable policies or guidelines on the Site in order to understand the terms and conditions applicable to your use of the Site. If you do not agree to any changes or modifications to these Terms or to any applicable policies or guidelines on the Site, your sole recourse is to stop using the Site.

 

C. Form Submission

When you submit your details to us via the forms on the Site, you warrant that all the details you supply, including without limitation, your name and e-mail address, are accurate, that you are authorized to use the email address that you provide and that you are at least eighteen (18) years old.

If you are below the age of 18, please obtain the permission of your parent or guardian before using the Site. We have no intention of collecting any personal information from individuals below the age of eighteen (18) without informed parental consent. Parents are encouraged to review their children’s email and internet activities to ensure that the Site is being used in accordance with these Terms.

We takes your privacy seriously. Please read our Privacy Policy for details about what information we collects and how we may use it and will protect it.

 

D. Adult Users Only

The Site is not intended for children under the age of eighteen (18) without the permission and supervision of a parent or guardian. If you are under 18, you are not authorized to use this Site without a parent or guardian. By accessing the Site, you represent and warrant that you are 18 or over, or, if under 18, you are accessing the site with the permission and supervision of your parent or guardian.

 

E. External Links Disclaimer

The Site may contain links to third-party websites that are not operated or controlled by Socialyte. Use of these links to access other websites is at your own risk. Socialyte does not monitor or have control over, and makes no claims for the accuracy, reliability, or quality of any information or services provided or products sold at these websites. Socialyte establishes links to other websites for the convenience of its users; however, such links are not intended to by endorsements of the other websites. When you leave the Site, our Terms no longer govern. You should review all applicable terms and policies, including privacy and data gathering policies, of any third-party websites, and should make whatever investigation you feel is appropriate before proceeding with any transaction with any third party.

 

F. Socialyte Intellectual Property

The Site, and all content and other materials on the Site, including, but not limited to, the Socialyte logo and design, text, graphics, logos, icons, images, photographs, audio clips, digital downloads, software and the selection, as well as any emails or documents prepared and/or sent to you by Socialyte, and arrangement thereof (collectively, the “Materials”) are our property and are protected by United States and international copyright, trademark, and other intellectual property laws.

Socialyte, the Socialyte logo, and any other product, service name, or slogan contained in the Site are trademarks of Socialyte, and may not be copied, imitated or used, in whole or in part, without our prior written consent. Additionally, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Socialyte and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners.

 

G. License and Restrictions

We grant you a limited, non-sub-licensable, non-exclusive and revocable license to access and make use of the Site and the Materials, solely in accordance with and subject to these Terms and any other applicable policies or guidelines contained on the Site. Except as otherwise expressly permitted by these Terms, you may not do any of the following: (i) collect, use, copy or distribute any portion of the Site or the Materials; (ii) resell, publicly perform or publicly display any portion of the Site or the Materials; (iii) modify or otherwise make any derivative uses of any portion of the Site or the Materials; (iv) use any "deep-link," "page-scrape," "robot," "spider" or other automatic device, program, algorithm or methodology which perform similar functions to access, acquire, copy, or monitor any portion of the Site; (v) use the Site in a manner which results in the depletion of Web site infrastructural resources; (vi) download (other than page caching) any portion of the Site, the Materials or any information contained therein; or (vii) use the Site or the Materials other than for their intended purposes.

 

H. Digital Millennium Copyright Act

Notices of alleged copyright infringement on the Site must comply with the Digital Millennium Copyright Act (“DMCA”), which can be found on the website of the US Copyright Office. To file a notice of infringement, send an email to legal@socialyte.com with an attached and signed PDF containing the following:

  • The exact, permanent URL on the Site of each allegedly infringing image, video, music, text, or other content that you wish to have removed;

  • Your email address and telephone number;

  • Proof of your copyright regarding the content in question; and

  • The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

If you have not received a response to your notice of alleged infringement within 10 business days, please call us at 212.226.6454 to confirm we have received your complaint.

 

I. Representations

By using the Site, you represent, warrant, acknowledge and agree to the following:

  1. Your use of the Site is in accordance with and does not violate these Terms;

  2. Any and all information you provide to us is truthful and accurate;

  3. You will not use the Site in any manner that may:

    • Violate or infringe upon the rights of any third party, including, without limitation, any copyright, trademark, privacy, moral rights, contracts, or other personal or proprietary rights;

    • Cause injury of any kind to any person or entity, including, but not limited to, any slander, libel or defamation; and

    • Violate or encourage others to violate any applicable local, state, national, and international laws, rules, or regulations.

 

J. Indemnity

You agree to defend, indemnify, and hold harmless Socialyte and Socialyte’s parents, subsidiaries, partners, principals, members, officers, employees, representatives, contractors, and permitted assigns (each, an “Indemnified Party”) from and against any and all third-party claims, liabilities, deficiencies, judgments, awards, settlements, damages, losses, fines, injuries, penalties, fees, costs and expenses (including reasonable attorney’s fees and expenses in connection with your use of the Site, any breach or gross negligence or willful misconduct in connection with the Terms, or any other act or omission by you.

 

K. Liability

By accessing the Site, you agree to not hold Socialyte, any party involved in maintaining the Site, and any of Socialyte’s officer, directors, employees, or agents, liable or responsible for the following:

  1. Any third party websites linked to the Site, or the material on such third party websites, including, but not limited to loss or damage to due computer viruses or malware,;

  2. Loss of profit, loss of business opportunity, or any other indirect, punitive, or consequential loss.

Socialyte does not warrant that any of the features contained in the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site’s server is free of viruses or malware. You are responsible for configuring your information technology and platform to access the Site, and should use your own virus protection software.

By accessing this Site, you agree that Socialyte does not have any obligations of confidentiality, non-disclosure, or non-use, except those explicitly set out in our Privacy Policy.

 

L. Assignment

Socialyte may assign or transfer any of the rights, duties, or obligations contained in these Terms without your consent, provided that said assignee shall assume all of Socialyte’s obligations thereunder.

 

M. Severability

If any provisions of these Terms are found to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not impair, affect, or render invalid or unenforceable any other provision of these Terms, and such invalid or unenforceable provision shall be replaced by a provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable provision.

 

N. Waiver

Any failure by Socialyte to enforce any provision contained in these Terms will not be construed as a waiver by Socialyte of its right to enforce that provision or any other provision of these Terms, and will not operate as an amendment to these Terms.

 

O. Headings and Construction

The headings in these Terms are purely for convenience and are not to be used as an aid in interpretation.

 

P. Jurisdiction and Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of New York, without regard to the principles of conflicts of law. Any action or claim brought under these Terms or for any matter arising out of or in any way relating to this Site shall be heard in and venue shall be located in New York County in the State of New York.

 

Q. Entire Agreement

These Terms and the policies and guidelines incorporated by reference constitute the entire agreement of the Parties in connection with the use of the Site. It is expressly warranted by you that no promises or inducements have been offered except those set forth in these Terms.

 

R. Reports and Additional Information

If there is any additional information you would like regarding these Terms, or you believe there is a violation of these Terms and you would like to report it to us, please direct the information to 110 Greene Street Suite 100, NY, NY 10012. Reports of violations you submit to us, including your identity, may not be kept confidential. In response to your report, we may take actions in accordance with these Terms or other applicable agreements between us and the alleged violator of the Terms, and may pursue other remedies available under all applicable local, state, federal or international laws, regulations, rules, orders and other requirements, now or hereafter in effect. However, we are under no obligation to respond to any reports we receive. Please note that a personal reply to reports you submit to us may not always be possible.