Social Cat Terms of Use

Last update: October 23, 2021

General Information

We, at Social Cat (“Social Cat”, “we” or “us”), have tried to make our terms of use as simple to understand as possible. If you have any thoughts on how we can improve these terms, please contact us at joe@thesocialcat.com.

By using our website, located at https://thesocialcat.com (including all sub-domains, this “Site”), which is a service of Social Cat, you are agreeing to be bound by the following terms and conditions set forth in these Terms of Use (the “Terms”) and Social Cat’s Privacy Policy (collectively, the “Terms and Conditions”). If you do not agree to the Terms and Conditions, you may not, and please do not, use this Site.

The materials contained in this website are protected by applicable copyright and trademark law.

Notification of Changes

We may change the terms of these Terms from time to time by posting changes online and updating the last updated date. You agree that it is your responsibility to review the Terms and Conditions regularly. Your continued use of the Site after such changes are posted will mean that you agree to be legally bound by the modified Terms.

Eligibility

You represent and warrant that you are at least 18 years old and that, if acting on behalf of a company/business or other legal entity, you have the authority to bind that company or other legal entity to the Terms and Conditions.

Social Cat retains the right to terminate or change the service for any reason at any time without notice.

Use of this Site

You will not use this Site for any illegal or unauthorised purpose and will comply with all applicable laws regarding online conduct and content, such as libel law.

You will not threaten, intimidate, harass or otherwise act inappropriately toward any other user of the Site.

You are solely responsible for your behaviour, conduct and activities on the Site and for ensuring that any and all of the data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links that you import, submit, post, and/or display, or cause to be imported, submitted, posted and/or displayed, on the Site are your own or, if owned by another party, you are using them on the Site as expressly agreed with the owner.

You will not via any channel send unwanted, unsolicited communications – or spam – to other users of this Site.

You will not transmit or seek to transmit any electronic viruses or worms or any electronic code that seeks to alter this Site or that is in any way destructive.

You will not collect information about users, including email addresses, of this Site.

Social Cat seeks to promote legal activity and ‘good behaviour’ on this Site. However, you understand and agree that Social Cat is not responsible for the content posted on the Site and that you may be exposed to content and behaviour that contravenes these Terms. Accordingly, you agree to use the Site at your own risk.

You may link to the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We expressly reserve the right to revoke our permission to link to the Site and to take any action we deem appropriate. The Site must not be framed on any other website.

Use Licence

Permission is granted to temporarily download one copy of the materials (information or software) on Social Cat's website for personal, non-commercial transitory viewing only. This is the grant of a licence, not a transfer of title, and under this licence you may not:

• modify or copy the materials;
• use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
• attempt to decompile or reverse engineer any software contained on Social Cat's website;
• remove any copyright or other proprietary notations from the materials; or
• transfer the materials to another person or "mirror" the materials on any other server.

This licence shall automatically terminate if you violate any of these restrictions and may be terminated by Social Cat at any time. Upon terminating your viewing of these materials or upon the termination of this licence, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Intellectual Property

You agree to be solely responsible for your and your representatives’ conduct and activities on the Site and any and all of the data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you email, submit, post, and display on or to the Site. You will not: (i) email to or post on the Site any false, inaccurate, misleading, obscene, defamatory or libellous Content; (ii) falsely state or otherwise misrepresent your affiliation with any person or entity, through for example, the use of similar email address, nicknames, or creation of false account(s); (iii) infringe upon or misappropriate our or any third party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy; (iv) transmit any code that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (vi) modify, adapt or hack the Site or falsely imply that any other website is associated with Social Cat; or (vi) create any liability for us to any third party. You agree to indemnify us against all legal fees, damages and other expenses that may be incurred by us as a result of your breach of any of the above warranties. Social Cat is not legally responsible for any remarks, information or other content posted or made available on the Site by any Site user or third party. We are not responsible for and do not monitor or censor content for accuracy. However, we reserve the right to remove or restrict access to any information or content posted or made available on the Site at our sole discretion or if ordered to do so by a court.

Social Cat may change or remove content, or accounts containing content, that Social Cat determines to be unlawful, unfair, offensive, threatening, libellous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property, the Terms and Conditions or other documents and guidelines as posted on the Site.

License to Social Cat

By emailing, importing, submitting, posting, and/or displaying, or causing to be emailed, imported, submitted, posted and/or displayed, any Content on or to the Site, you hereby grant Social Cat a perpetual, worldwide, royalty-free, non-exclusive, sub-licensable (through multiple tiers) right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, make available to the public, and exercise all copyright, trademark, publicity, and database rights with respect to such Content and/or to incorporate such Content in other works in any media now known or later developed for the full term of any rights that may exist in such Content. You agree to allow us to store or re-format such Content on the Site and display such Content in any way we choose at our sole discretion. You agree to allow us to use such Content in our advertising and marketing, and to display such Content on other websites in connection with our activities on the other websites.

WARRANTY DISCLAIMER

The materials on Social Cat's website are provided on an 'as is' basis.

Social Cat MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SITE, WORK PRODUCTS, Social Cat RESOURCES, OR ANY ACTIVITIES OR ITEMS RELATED TO THESE TERMS, ALL OF WHICH ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, Social Cat DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES. IN ADDITION, YOU AGREE THAT NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM Social Cat SHALL CREATE ANY WARRANTY OF ANY KIND NOT EXPRESSLY MADE HEREIN.

LIMITATION OF LIABILITY

IN NO EVENT SHALL Social Cat, AND (AS APPLICABLE) Social Cat’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR Social Cat’S CONSULTANTS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO (1) THE CONDUCT OF ANY SITE USER IN CONNECTION WITH THE USE OF THE SITE, (2) LOSS OF DATA, (3) LOSS OF REVENUE OR ANTICIPATED PROFITS, (4) LOSS OF BUSINESS, (5) LOSS OF OPPORTUNITY, (6) LOSS OF GOODWILL OR INJURY TO REPUTATION, (7) LOSSES SUFFERED BY THIRD PARTIES, OR (8) ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM THE USE OF THE SITE REGARDLESS OF THE FORM OF ACTION. Social Cat’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF Social Cat’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS AND CONSULTANTS, TO ANY USER OR THIRD PARTIES IN ANY OTHER CIRCUMSTANCE IS LIMITED TO £100. THESE LIMITATIONS SHALL APPLY TO ANY LIABILITY, ARISING FROM ANY CAUSE OF ACTION WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.

Indemnity

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, consultants, suppliers, agents and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of the Terms and Conditions or your violation of any law or the rights of a third party.

Accuracy of materials

The materials appearing on Social Cat's website could include technical, typographical, or photographic errors. Social Cat does not warrant that any of the materials on its website are accurate, complete or current. Social Cat may make changes to the materials contained on its website at any time without notice. However Social Cat does not make any commitment to update the materials.

Links

Social Cat has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Social Cat of the site. Use of any such linked website is at the user's own risk.

No Guarantee

We do not guarantee continuous, uninterrupted access to the Site or any of the Site’s features, and operation of the Site may be interfered with by numerous factors outside our control.

Legal Compliance

You agree to comply with all applicable UK and other international laws, statutes, ordinances and regulations regarding your use of the Site.

No Agency

You and Social Cat are independent entities, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.

Choice of Law

These Terms shall in all respects be governed by and interpreted in accordance with the laws of England and Wales.

Electronic Communications

When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

General

If any provision of these Terms is held to be unenforceable, such provision shall be struck and the remaining provisions remain enforceable. Social Cat may assign these Terms by providing notice to you. You may not assign these Terms, nor any of its rights or obligations, without Social Cat’s prior written consent. The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect that party’s right to later enforce or exercise it, unless such party issues an express written waiver, signed by a duly authorized representative of each party.

Modifications

We reserve the right to modify these Terms at any time by posting a revised and updated Terms of Use that is always accessible through this Site’s home page. Your continued use of this Site after a modification indicates your acceptance of the amended Terms of Use. You should regularly check these Terms for modification.

Notices

We may give notice to you by means of (i) a general notice in your account information; (ii) by email to your e-mail address on record with us, or (iii) written communication sent to you by first class mail to your address on record with us. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail) or twenty-four (24) hours after sending (if by e-mail).

Entire Agreement

These Terms (which requires your agreement to the Terms and Conditions) sets forth the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all other communications regarding the subject matter hereof.

Survival

The Sections with the following titles survive any termination or expiration of these Terms: Intellectual Property, Content, License to Social Cat, Warranty Disclaimer, Limitation of Liability, Indemnity and Choice of Law.