The key terms, easy to understand:
1) Revokation of use
We will grand you access to your XeeMe even if you break the rules. We decided to not suspend an account
reserve the right to limit the functionality.
2) Number of accounts
Each user is entitelt to have only one personal account and one account for each business you own.
3) XeeMe Names
You can pick any name that is at least 6 character in length. If you choose a name other than your own,
you may not use a name that is not a tradename of somebodyelse. Your business XeeMe must have the same name
as the URL for that business. For instance if your business is Smith-ConsultingLLC.com, your XeeMe name must
XeeMe reserves the right to rename an account if you are not in compliance with the above rule.
The base XeeMe is available to everybody at no charge. The free version is neither limited in its main features
nor in time or usage. While also several XeeMe applications are free, some may have only a basic feature set
and may require a license for the full featureset or to remove other limitations.
1.1 Society3 permits Users to access and use the XeeMe applications, content, tools and services available
as part of the Standard Application Services and the Additional Services (if any) ordered by Subscriber
on the Society3 website.
1.2 Society3 permit the right to self service and maintain each users content and content of the company the
user is employed with and has respective authority to add, edit or delete such content from employer.
1.3 Society3 reserves the right, at its discretion, to modify the functionality of the Services at any time.
1.4 Users shall create no more than one XeeMe per person. Society3 names are required to have at least
four (4) characters and shall be a combination of the persons first and last name or a widely used username
the person is using elsewhere. Name locking or using company names without the company's authorization is
prohibited. Society3 reserves the right to disable users who do not comply to these rules.
2 LICENSE OPTIONS
Society3 may provide free licenses, free beta versions or licenses a user has to pay for. Society3 reserves the
right to restrict functionality on free versions that maybe available only for paid subscriptions.
3 LIMITED LICENSE
3.1 Society3 grants to Subscriber a non-transferable, non-exclusive license to permit Users to access and
use the Services solely in accordance with this Agreement. As part of the Services, Users shall have access
to information, communication, images, artwork, text, video, sounds, and other material and services posted
onto the Services by Society3 or any other third party designated for use by Users (collectively, "Society3 Content").
Neither Subscriber nor Users shall reproduce, modify, publish, transfer or sell or otherwise distribute any
content, which was not contributed by User, from the Society3 Application without written permission from Society3.
Content contributed and owned by User remains freely accessible and can be used in any way or shape by User.
Society3 reserves the right to use and publish aggregated data (Meta Data) as long as there are no personal data
associated with for industry benchmark reports and other reporting purposes. Title to and ownership of the Services
shall be and at all times remain in Society3. The Society3 Content is owned by Society3 and/or it’s content contributors and
is protected by United States and foreign intellectual property laws. Unauthorized use of the Society3 Content may
violate copyright, trademark and other laws.
3.2 Society3 grants to Subscriber a non-exclusive, non-transferable license to permit Users to access and use the
software on the Society3 web site. Subscriber agrees that Users shall only use the Software from a server controlled
by Society3 and only in connection with Users' use of the Services. This license does not confer upon Subscriber or
Users any right to copy the Software or to use it on computers other than a server controlled by Society3. Neither
Subscriber nor Users may sublicense, reverse engineer, decompile, disassemble, modify, adapt, translate, create
derivative works of, copy, distribute, or transfer the Software. Subscriber acknowledges that the Software is
intended for access and use by means of web browsing software, and that Society3 does not commit to support any
particular browsing platform. If any of the Software is accompanied by an end user license agreement, then use of
such Software shall be governed by the terms of that license agreement.
3.3 Subscriber agrees that Society3 may use Subscriber's name and logo to identify Subscriber as a customer of Society3
on the Society3 website and in promotional and corporate materials. Additionally, Subscriber agrees that Society3 may
issue a press release identifying the Subscriber as a customer and explaining the Subscriber's intended use of
Society3 and the benefits they expect to receive.
3.4 In the event that Subscriber wishes to resell licenses or participate in any revenue share program, Subscriber
needs to engage in Society3’s PARTNER PROGRAMS.
4.1 Subscriber is responsible for Users' use of the Services. Subscriber agrees that Users shall not: communicate
or upload material that is copyrighted, unless Subscriber is the copyright owner or has the permission of the
copyright owner to communicate or upload it; communicate or upload material that reveals trade secrets, unless
Subscriber owns them or has the permission of the owner; communicate or upload material that infringes any
intellectual property rights of others or their privacy or publicity rights; communicate or upload material that
is obscene, defamatory, threatening, harassing, abusive, or hateful to another User or any other person or entity;
communicate or upload a sexually-explicit image or statement; communicate or upload advertisements or solicitations
for business without Society3's prior approval; communicate or upload chain letters, pyramid schemes, or similar
content; or impersonate another person.
4.2 Subscriber warrants and represents to Society3 that all information, communication, software, images, artwork,
photos, text, video, sounds and other material transmitted or uploaded by Users to the Services or to Society3 are
solely owned by Subscriber or are provided with the express authority of the applicable owner(s) and do not infringe
upon any third party's rights (including, without limitation, intellectual property rights), or contain any
material or information that is obscene, defamatory, libelous, slanderous, that violates any personal right of
publicity or privacy, or that will otherwise result in any tort, injury, damage or harm to any person.
4.3 Subscriber shall retain all right, title and interest in all information, data and other materials uploaded
by Users to any non-public areas of the Services.
5 LIMITATIONS ON USE
Subscriber agrees that neither it nor Users shall (i) rent, sell, lease or otherwise transfer the Services, (ii) use
the Services in a manner that violates applicable law, (iii) violate or attempt to violate the security of the
Services or use the Services to violate the security of other web sites by any method, including, without
limitation, (a) accessing data not intended for Subscriber or Users or logging into a server or account which
Users are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network
or to breach security or authentication measures without proper authorization, (c) attempting to interfere with
service to any member or user of the Services, including, without limitation, by submitting a virus to the
Services, overloading, "spamming," attempting "denial of service" attacks, or "crashing," (d) sending unsolicited
e-mail, including promotions and/or advertising of products or services, or (e) forging any Society3 packet header or
any part of the header information in any e-mail or newsgroup posting. Subscriber shall be liable to Society3 for any
failure by Users to comply with the terms of this Agreement.
6.1 Subscriber and User agree that Subscriber and User are responsible for the confidentiality of their content
in Society3. Society3 agrees to not access or use any personal information or any business related information put up
in Society3 other than to aggregate meta data.
6.2 This agreement does not regulate any confidentiality aspects between Subscriber and Society3. Society3 and Subscriber
agree that any requirements of confidentiality need to be governed by a separate agreement.
7 DISCLAIMERS AND LIMITATIONS
7.1 Society3 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES AS TO THE
SUITABILITY, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THE Society3 CONTENT, THE SOFTWARE
OR THE SERVICES. Society3 DOES NOT WARRANT THAT THE Society3 CONTENT, THE SOFTWARE OR THE SERVICES WILL OPERATE UNINTERRUPTED
OR ERROR-FREE. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING WITHOUT LIMITATIONS STATEMENTS REGARDING
CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF THE Society3 CONTENT, THE SOFTWARE OR THE SERVICES, WHETHER MADE BY
Society3'S EMPLOYEES OR OTHERWISE THAT IS NOT CONTAINED IN THIS AGREEMENT SHALL BE DEEMED TO BE A WARRANTY BY Society3 FOR
ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF Society3 WHATSOEVER.
7.2 IN NO EVENT SHALL Society3 BE LIABLE FOR ANY LOST OR ANTICIPATED PROFITS, OR ANY INDIRECT, INCIDENTAL, EXEMPLARY,
SPECIAL, RELIANCE OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST DATA OR
ECONOMIC DAMAGE, REGARDLESS OF THE FORM OF ACTION AND REGARDLESS OF WHETHER Society3 HAS BEEN ADVISED OR HAS REASON
TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. Notwithstanding any provision contained herein to the contrary, the
maximum liability of Society3 arising out of or in connection with this Agreement or any use of or inability to use
the Services, whether such liability arises from any claim based upon contract, warranty, tort, or otherwise,
shall in no event exceed the actual amount paid to Society3 by the Subscriber hereunder during the three (3) months
preceding the claim or $100, whichever is greater.
7.3 Subscriber may not institute any action in any form arising out of this Agreement more than twelve (12) months
after the cause of action has arisen.
8 TERM & TERMINATION
8.1 This Agreement shall be effective as of the Effective Date and shall continue in full force and effect for a
period equal to the period selected in the online order form based upon product type, unless extended or sooner
terminated in accordance with the provisions of this Agreement.
8.2 The term of this Agreement shall automatically renew for additional periods equal to the period selected in
the online order form based upon the product type ordered (each a "Renewal Term"), unless either party, by notice
in writing given at least thirty (30) days prior to the expiration of the initial term of this Agreement or any
Renewal Term, advises the other party of its desire for the Agreement not to so renew.
8.3 Either party may terminate this Agreement (i) in the event the other party commits a material breach of
this Agreement and such failure continues for a period of fifteen (15) days following written notice of such
failure; or (ii) immediately and without notice if the other party makes any assignments of assets or business
for the benefit of creditors, or a trustee or receiver is appointed to conduct its business or affairs, or
it is adjudged in any legal proceeding to be in either voluntary or involuntary bankruptcy.
8.4 Society3 reserves the right to suspend Users' access to the Services or immediately terminate this Agreement
in the event Subscriber or Users engage in activities that in Society3's reasonable judgment present a security
risk to Society3, Society3's network or equipment, or our other subscribers or users. Society3 reserves the right to
terminate users with no subscription at any time.
8.5 Subscriber and User are responsible to save all data in a timely manner before the subscription ends.
Society3 reserves the right to delete all data and archives 30 days after termination of the agreement.
Subscriber shall defend, indemnify, and hold harmless Society3, Service Providers, and their respective officers,
directors, employees and agents, from and against any claims, actions or demands, including without limitation
reasonable legal and accounting fees, alleging or resulting from Subscriber's or any User's breach of the warranties
or obligations under this Agreement. Society3 shall notify Subscriber of any such claim, suit, or proceeding and shall
cooperate with Subscriber in defending any such claim, suit or proceeding at Subscriber's expense.
10.1 Society3 and Subscriber are independent and nothing in this Agreement shall create or imply any agency
relationship between the parties, nor shall the Agreement be deemed to constitute a joint venture or
partnership between the parties. Neither party shall have authority to bind or otherwise obligate the other
in any manner whatsoever.
10.2 Society3 shall not be liable for its failure to perform hereunder due to contingencies beyond its reasonable
control, including, but not limited to, strikes, riots, wars, fire, power failure, hardware failure, acts of God,
or acts in compliance with any law or government regulation.
10.3 This Agreement is governed by the internal substantive laws of the state of Delaware, without respect to its
conflict of laws principles. Jurisdiction of all claims relating to this Agreement shall lie exclusively with the
state or federal courts in Delaware and both parties hereby consent to the exclusive personal jurisdiction of such
courts if there is a dispute regarding this Agreement.
10.4 Subscriber may not assign or delegate any of its rights or obligations under this Agreement without
the written consent of Society3. Society3 may assign or delegate any of its rights or obligations under this Agreement
without the written consent of Subscriber. Society3 may subcontract any or all of its obligations under this Agreement.
The provisions of this Agreement shall be binding upon and inure to the benefit of the parties, their successors
and their permitted assigns.
10.5 Any notices required or permitted to be given under this Agreement shall be deemed sufficiently given
if in writing, and if delivered by hand, by courier, by confirmed facsimile or sent by registered or certified
mail, postage and fees prepaid. Notices to Subscriber shall be sent to the Administrative Contact set forth in
the order and notices to Society3 shall be sent to the address set forth above, to the attention of President, or
at such other addresses as may be furnished in writing to the notifying party.
10.6 The waiver by one party of a breach of any provision of this Agreement by the other party shall not operate
or be construed as a waiver of any subsequent breach of the same or any other provision by the other party.
10.7 In the event that any of the provisions of this Agreement or the application of any such provisions to
the parties hereto with respect to their obligations hereunder are held by a court of competent jurisdiction
to be unlawful or unenforceable, the remaining provisions of this Agreement shall remain in full force and
effect, and shall not be affected, impaired, or invalidated in any manner.
10.8 This Agreement is available at Society3.com and contains the entire and only understanding between the parties
and supersedes all prior agreements. Modifications or waivers of this Agreement require a replacing agreement.
This Agreement is considered “accepted / signed” by checking the respective check box online.
11 PARTNER PAYMENTS
Society3 may payout credits accrued through specific engagements such as Buzz to its partner users. In order to
receive any payments over $600 from XeeMe within one calendar year, you must provide us with respective information
stated on an IRS Form W-9.
Society3 reserves the right to introduce changes to these terms with 30 days notice.
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San Francisco, CA 94105
+1 (650) 384-0057
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