Thank you for choosing Sociabbly.com ("Sociabbly", "Website", "Sociabbly.com" and "We", "Us" respectively) provides website features and other related products ad services to you when you visit Sociabbly.com and use all of it's affiliated products and/or services which provides you these subject to the following conditions.
By using Sociabbly you accept and agree to all of the following Terms & Conditions of the Website.
Sociabbly offers a wide range of services, and thus, sometimes additional terms may apply per service, which you agree to by accepting these Terms & Conditions. You are also subject to the guidelines, terms and any other agreements to additional services provided to you by third parties such as Google, Microsoft or any other service partners.
Modification of Terms & Conditions
Sociabbly reserves the right to change these Terms & Conditions, and any applicable notices under which Sociabbly.com is offered, and any other applicable services, including but not limited to the charges, if any, associated with the use of the Website.
You may need to register for a Sociabbly.com account to use certain Sociabbly products and/or services, and you may be required to be logged in to said account and have a valid payment method associated with it. If you experience any issues with adding or charging your selected payment method, we may therefore charge any other valid payment method associated with your account. By agreeing to use of Sociabbly.com Website you acknowledge this and permit us to do so without notice.
It is your own responsibility to maintain the confidentiality of your account information, password and any other applicable personally identifying information, including restricting access to your account, and thus agree to accept responsibility for all activities that occur under your account or associated password.
Sociabbly does not sell or encourage to sell products aimed at children, products that may be associated with children are sold only to adults, who have the mental capacity to enter into legally binding purchase agreements and contracts and who permit purchase via their own credit card or other permitted payment method. If you are under 18 years of age, you may use Sociabbly.com Website only with involvement of a parent or guardian. If you or your underage child has registered to the Sociabbly.com Website you may raise a support ticket via the original account, providing sufficient proof that the account is underage. We will terminate all accounts deemed to be under 18 years old.
You must be at least 21 to purchase certain regulated goods, or use any Sociabbly.com Website functionality related to regulated goods. Sociabbly reserves the right to refuse service, terminate accounts, terminate your rights to use the Sociabbly services and/or products, remove or edit content, or cancel orders without refund, in its sole discretion.
Use of Communication Services
Sociabbly.com Website may contain chat areas, groups, forums, communities, personal web pages, calendars, private messaging functionalities, and/or other message or communication facilities designed to enable you to communicate with other members, the public, groups, or Sociabbly staff (referred herein as "Communication Services", "Communication Service"). You agree to the use of Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes;
Upload or otherwise make available files that contain images, photos, software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another members computer;
Use any material or information, including images or photographs, which is made available through the Sociabbly.com Website in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
Conduct or forward surveys, contests, pyramid schemes or chain letters;
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
Restrict or inhibit any other user from using and enjoying the Communication Services or the Sociabbly.com Website as a whole;
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;
Harvest or otherwise collect information about others, including e-mail addresses, without their consent;
Violate any applicable laws or regulations;
Create a false identity for the purpose of misleading others.
Violation of any of the above will result in immediate suspension without reason to access of the Sociabbly.com Website. Sociabbly, it's owners and operators, or its staff has no obligation to monitor the Communication Services provided to you, however, Sociabbly reserves the right to review materials posted to or via a Communication Service and to remove any materials in its sole discretion. Sociabbly reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever, in addition, Sociabbly reserves the right at all times to disclose any information as necessary to satisfy any applicable laws, regulations, legal processes or governmental requests, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in Sociabbly's sole discretion.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, and you are responsible for adhering to such limitations if you download the materials.
You are prohibited from using temporary e-mail services, text messages or fake addresses for purposes of verification of your account.
Reviews & Comments
In addition to the above Communication Services, we permit the posting of factually based reviews, which may include photos or videos, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including rights of publicity), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, links to unrelated third party websites, are deemed to be solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited messaging.
If you do submit and/or post reviews and/or comments, and unless indicated by Sociabbly otherwise, you grant Sociabbly and its owners and/or operators a royalty free, non-exclusive, perpetual, irrevocable, and fully sub-license the right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute and display such content throughout the world in any form of media or format of Sociabbly's choosing. In addition, you grant the right to Sociabbly and any applicable sub-licensees and/or third parties, the right to use the name that you have submitted when registering in connection with any such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate, that use of the aforementioned content you supply does not violate this or any other applicable policy and will not cause injury to any person or entity, and that in addition, you confirm you indemnify Sociabbly and its owners and or operators of all claims resulting from the content you supply.
Again, Sociabbly takes no responsibility and assumes no liability for any content posted by any members of the Website or any third party.
Copyright & Trademark Notices
All content included in, or made available through Sociabbly or any affiliated website, such as text, graphics, logos, icons, designs, images, audio clips, digital downloads, data, and software is the property of Sociabbly or its content suppliers and is protected by international copyright laws. The compilation of all content included in or made available through any Sociabbly.com service is the exclusive property of Sociabbly.
Content which is provided by individual members, such as buyers or sellers, for example for purposes of illustration which may be copyrighted by a third party should be solved with the individual member - this may include copyright or trademark violations. Sociabbly does not accept liability for any copyrighted material which is provided by members, and accepts such material in good faith that the member is the original copyright/trademark holder, or a valid licensor of such and has the license to upload, distribute, or share such content. If you believe a member, a listing or something else may infringe on your copyright(s), trademark(s) or patent(s), please e-mail us directly to report such a violation if you are unable to solve it with the individual member, you can do so by clicking here. Please provide as much information as possible and include any supporting documentation, notices or registrations to support your claim. Due to the large amount of queries and support requests, please allow us up to 72 days to reply to your request.
Sociabbly ® is a registered trademark and service mark of Shoppable Inc., and may not be copied, distributed, modified or used without permission in any work.
Personal and Non-Commercial Limitation
Unless otherwise specified, Sociabbly.com is for your personal use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from Sociabbly.com.
Third Party Website Limitation
Sociabbly may contain links to or feeds from other websites; these websites are not under the control of Sociabbly and therefore, Sociabbly is not responsible for the contents of any third party websites, or links to such websites, including, without any limitation any link contained in a third party website, or any changes or updates to a third party website or any information transmitted to a third party website.
Sociabbly allows the addition of such links to third party websites by both itself and its members, only as a convenience, and the inclusion of any link does not imply endorsement by Sociabbly of the third party website, its contents or any association with its operators. Any dealings with third parties (including advertising partners) included within or available via a link from the Sociabbly Website or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertisers or other third party. Sociabbly, its owners and/or operators shall not be held liable or responsible for any part of any such dealings or promotions.
Notice of Unlawful Use
As a condition of your use of the Sociabbly.com website and any associated services, you warrant to Sociabbly, its owners and operators that you will not use the Sociabbly.com Website for any purposes that are deemed unlawful or prohibited by these Terms & Conditions, notices and any applicable laws worldwide. You may not use the Sociabbly.com Website in any manner which could damage, disable, overburden, or impair the Sociabbly.com Website or interfere with any other party's use of the Website. You are prohibited from attempting to obtain any materials or information through any means not intentionally made available or provided by the Sociabbly.com Website.
Product Descriptions & Pricing
We encourage all of our member sellers to provide the most accurate product information which includes; product titles, attributes, variants, descriptions and prices.
However, Sociabbly does not warrant that product descriptions or any other content of any Sociabbly product and/or service is accurate, complete, reliable, current or bug free. If a product offered by Sociabbly itself ("In-House Product", "In-House Products") is not as described, your sole remedy is to return it in unused condition. Sociabbly does not accept any liability for any member sellers refund and/or return policies, however it does make suggestions to strive towards to improve better seller and customer relationships.
Prices on Sociabbly mean the suggested retail price of a product as provided by the manufacturer, supplier and/or seller. Certain products may be on offer, which is controlled by the individual seller. Sociabbly does not accept responsibility or liability for any incorrectly priced products, despite our best efforts, small number of In-House Products may be mispriced. Individual sellers may follow different policies in the event of mispriced items.
Coupons & Discount Codes
Sociabbly may issue promotional coupons or discount codes, per seller, per category or per product. Coupons or applied discount codes to products via Sociabbly shall be used to the extent of their validity and per original specification and intended use of the coupon and/or discount code. It is your responsibility to use the coupons and/or discount codes within their validity and no liability is accepted by Sociabbly.
Individual sellers may also issue store and/or product specific coupon and/or discount codes and may set their own policies regarding their use and/or validity. Please check with the individual seller(s) of the validity and applicable use of the coupon and/or discount code.
Coupons and/or discount code(s) cannot be used as currency, sold or exchanged and are per customer only. If Sociabbly finds the same coupon being used via multiple accounts by the same person(s), Sociabbly has the right to cancel your orders and refuse any issue of refund, in addition to the suspension of accounts at fault.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Sociabbly.COM WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Sociabbly AND/OR ITS OWNERS, OPERATORS, RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES AT ANY TIME. ADVICE RECEIVED VIA THE Sociabbly.COM WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Sociabbly AND/OR ITS RESPECTIVE OWNERS, OPERATORS AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Sociabbly.COM WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Sociabbly AND/OR ITS RESPECTIVE OWNERS, OPERATORS, SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU SPECIFICALLY AGREE THAT Sociabbly AND ITS OWNERS AND/OR OPERATORS SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE Sociabbly.COM WEBSITE.
Any dispute or claim relating in any way to your use of any Sociabbly product and/or services, or to any In-House Products or services sold or distributed by Sociabbly or through Sociabbly.com Website will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms & Conditions as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered address in the United States by registered post and on letter-headed paper with verifiable contact details: Sociabbly 1824 NW 112 Ave #182, Miami, Florida, Zip Code: 33172 - if these conditions are not met, we cannot guarantee co-operation in your dispute.
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Sociabbly will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
The above does not apply to disputes with members, if you have an issue arising with an individual seller or buyer, those are to be resolved between yourselves with no liability and will not constitute any involvement of Sociabbly and/or its owners and/or operators. Please refer to the above Terms & Conditions of what Sociabbly may provide to authorities arising in disputes between two members (sellers v buyers). You are responsible for all legal proceedings, costs and gathering of information, and any applicable witness statements.
By using any Sociabbly product and/or service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Delaware, without regard to principles of conflict of laws, will govern these Terms & Conditions and any dispute of any sort that might arise between you and Sociabbly.