Stocksy_txpa71706d3qz4100_Medium_547768-low.jpg

We fill your property!


 Social Kapture, LLC
TERMS OF SERVICE (Last revised January 1, 2018)

  1. Your Acceptance of Terms

    1. Agreement.  The following Terms of Service (“TOS”) are between you and Social Kapture, and constitute a legal agreement that governs your use of the Social Kapture service and website (collectively referred to as the “Service”).  You must agree to these TOS before you can use the Service. You can agree to these TOS by clicking “accept” after carefully reading and reviewing the TOS. If you do not agree to any of the following terms, please do not use the Service.  You should print or otherwise save a copy of these TOS for your records. The terms “we”, “us”, “our”, “Social Kapture” or the “Company” use herein refer to Social Kapture, LLC, a California limited liability company, and its parent entity, subsidiaries and affiliates. The terms “you”, “your”, “user” or “customer” used herein refer to any individual or entity who agrees to these TOS by using the Service.

    2. Legal Authority.  To use and/or register for the Service you must be: a) of legal age to form a binding contract with Social Kapture, and b) cannot be a person barred from receiving the Service under the laws of the United States or other applicable jurisdiction, including the country in which you reside or from where you use the Service.  By accepting these TOS you represent that you understand and agree to the foregoing.

    3. Changes to this Agreement.  The Company may, in its sole and absolute discretion, change or modify these TOS at any time and from time to time without notice. Changes to these TOS (if any) will be posted on this page with an effective date that will be indicated at the top of this page.

  1. Description of the Service

    1. The Service.  The Service is designed to provide [Need description of service].  The Service may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your device and from peripherals (including, without limitation, servers and computers) connected thereto.  Social Kapture strongly encourages you to back-up all data and information on your device and any peripherals prior to using the Service. In addition, Social Kapture is not obligated to provide any maintenance, technical or other support for the Service except as provided in these TOS.

    2. Changing the Service.  Social Kapture reserves the right to modify, suspend or stop the Service (or any part thereof), either temporarily or permanently, at any time or from time to time, with or without prior notice to you.  Without limiting the foregoing, Social Kapture may provide notice of any such changes to the Service by posting them on its websites and/or via the Service. You agree that Social Kapture shall not be liable to you or any third party for any modification or cessation of the Service.  You acknowledge that Social Kapture has no express or implied obligation to provide, or continue to provide, the Service, or any part thereof, now or in the future; and in addition, Social Kapture may at any time, upon prior notice as required by applicable law, institute charges or fees for the Service.

    3. Feedback.  As part of using the Service, Social Kapture will provide you with the opportunity to submit comments, suggestions, or other feedback regarding your use of the Service.  You agree that in the absence of a separate written agreement to the contrary, Social Kapture will be free to use any feedback you provide for any purpose.

    4. Limitations on Use.  Social Kapture may impose certain limitations on the use of the Service, including, but not limited to, imposing expiration dates on published documents and removing expired documents from the Service.  You agree to use the Service only for purposes as permitted by these TOS and any applicable law, regulation, or generally accepted practice in the applicable jurisdiction. Social Kapture reserves the right to modify or impose any limitations on the use of the Service at any time, with or without notice to you.

    5. Social Kapture Account.  To sign-in and activate the Service, you must use your Social Kapture Account (also referred to as a “Social Kapture ID”).  This Social Kapture Account will be used to setup the Service for you, and may also be referred to as your “Social Kapture Account”.  You are responsible for all activity that takes place on your account. Please choose a strong password for your account and do not reveal your password to others.  You agree that you are responsible for keeping your password confidential and secure, and further understand that you are solely responsible and liable for any activities that occur under your account.

    6. No Resale of Service.  You agree that you will not reproduce, copy, duplicate, sell, re-sell, rent or trade the Service (or any part thereof) for any purpose.

  2. Social Kapture Privacy Policy.  You understand that by using the Service, you consent and agree to the collection and use of certain information about you and your use of the Service in accordance with Social Kapture’s Privacy Policy.  Information collected when you use the Service may include technical or diagnostic information related to your use that may be used by Social Kapture to maintain, improve and enhance the Service. For more information please read our full privacy policy at _________________________.  You further understand and agree that this information may be transferred to the United States and/or other countries for storage, processing and use by Social Kapture and/or its affiliates.

  3. Content and Your Conduct

    1. Content.  “Content” means any information that may be generated or encountered through use of the Service, such as data files, written text, software, music, graphics, photographs, images, sounds, videos, messages and any other like materials.  You understand that all Content whether publicly posted or privately transmitted on the Service is the sole responsibility of the person from whom such Content originated. This means that you, and not Social Kapture, are solely responsible for any Content you upload, download, post, email, transmit, store or otherwise make available through your use of the Service.  You understand that by using the Service you may encounter Content that you may find offensive, indecent, or objectionable, and that you may expose others to Content that they may find objectionable. Social Kapture does not control the Content posted via the Service, nor does it guarantee the accuracy, integrity or quality of such Content. You understand and agree that your use of the Service and any Content is solely at your own risk.

    2. Your Conduct.  You agree that you will NOT use the Service to:

      1. upload, download, post, email, transmit, store or otherwise make available any Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable:

      2. stalk, harass, threaten or harm another;

      3. pretend to be anyone, or any entity, you are not — you may not impersonate or misrepresent yourself as another person (including celebrities), entity, another subscriber, a Social Kapture employee, or a civic or government leader, or otherwise misrepresent your affiliation with a person or entity, (Social Kapture reserves the right to reject or block any Subscriber ID which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person’s name or identity);

      4. engage in any copyright infringement or other intellectual property infringement, or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;

      5. post, send, transmit or otherwise make available any unsolicited or unauthorized email messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising and informational announcements;

      6. forge any TCP-IP packet header or any part of the header information in an email or a posting, or otherwise putting information in a header designed to mislead recipients as to the origin of any Content transmitted through the Service (“spoofing”);

      7. upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware;

      8. interfere with or disrupt the Service (including accessing the Service through any automated means, like scripts or web crawlers), or any servers or networks connected to the Service, or any policies, requirements or regulations of networks connected to the Service (including any unauthorized access to, use or monitoring of data or traffic thereon);

      9. plan or engage in any illegal activity; and/or

      10. gather and store personal information on any other users of the Service to be used in connection with any of the foregoing prohibited activities.

    3. Removal of Content.  You acknowledge that Social Kapture is not responsible or liable in any way for any Content provided by others and has no duty to pre-screen such Content.  However, Social Kapture reserves the right at all times to determine whether Content is appropriate and in compliance with these TOS, and may pre-screen, move, refuse, modify and/or remove Content at any time, without prior notice and in its sole discretion, if such Content is found to be in violation of these TOS or is otherwise objectionable.

    4. Backup Your Content.  You are responsible for backing up, to your own computer or other device, any important documents, images or other Content that you store or access via the Service.  Social Kapture does not guarantee or warrant that any Content you may store or access through the Service will not be subject to inadvertent damage, corruption or loss.

    5. Access to Your Account and Content.  You acknowledge and agree that Social Kapture may access, use, preserve and/or disclose your account information and Content if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce these TOS, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Social Kapture, its users or the public as required or permitted by law.

    6. Copyright Notice – DMCA.  The Company supports the protection of intellectual property. If you have a good faith belief that any Content in which you claim copyright has been infringed by anyone using the Service please provide the following information in writing to ___________________:

      1. Identification and description of the infringing material or activity along with information sufficient to identify the location of such material or activity;

      2. Identification and description of the trademark or copyrighted work that you claim has been infringed;

      3. Your name, address, telephone number and email address;

      4. A statement by you that you have a good faith belief that the such use in the manner complained of is not authorized by the trademark/copyright owner, its agent or the law;

      5. A statement made by you, under the penalty of perjury that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of the exclusive right which is being infringed; and

      6. An electronic or physical signature of the person authorized to act on behalf of the owner of the trademark/copyright.

The Company’s agent for notice of claims of trademark or copyright infringement for the Sites is as follows: Copyright and Trademark Agent, Social Kapture, LLC, 8605 ____________________; ___________________ and in the subject section, please type “ATTN: COPYRIGHT/TRADEMARK AGENT”.  Social Kapture may, in its sole discretion, suspend and/or terminate accounts of users that are found to be repeat infringers.

    1. Violations of TOS.  If while using the Service, you encounter Content you find inappropriate, or otherwise believe to be a violation of these TOS, you may report it by sending an email to ______________________.

  1. Content Submitted or Made Available by You on the Service

    1. License from You.  Except for material we may license to you, Social Kapture does not claim ownership of the materials and/or Content you submit or make available on the Service.  However, by submitting or posting such Content on areas of the Service that are accessible by the public, you grant Social Kapture a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available.  Said license will terminate within a commercially reasonable time after you or Social Kapture remove such Content from the public area. By submitting or posting such Content on areas of the Service that are accessible by the public, you are representing that you are the owner of such material and/or have authorization to distribute it.

    2. Changes to Content.  You understand that in order to provide the Service and make your Content available thereon, Social Kapture may transmit your Content across various public networks, in various media, and modify or change your Content to comply with technical requirements of connecting networks or devices.  You agree that the license herein permits Social Kapture to take any such actions.

  2. Trademark Information.  Social Kapture and the Social Kapture logo and other Social Kapture trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Social Kapture LLC in the US and/or other countries.  Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license in any of the aforesaid trademarks, and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Service.

  3. Software

    1. Social Kapture’s Proprietary Rights.  You acknowledge and agree that Social Kapture and/or its licensors own all legal right, title and interest in and to the Service, and any software (including any Content provided therein) provided by Social Kapture to you as a part of and/or in connection with the Service (the “Software”), including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist.  You further agree that the Service (including the Software, or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws.

    2. License From Social Kapture.  Social Kapture grants you a personal, non-exclusive, non-transferable, limited license to use the Software as provided to you by Social Kapture as a part of the Service and in accordance with these TOS; provided that you do not (and do not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code (unless expressly permitted or required by law), sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in the Software.

    3. Export Control.  Use of the Service and Software, including transferring, posting, or uploading data, software or other Content via the Service, may be subject to the export and import laws of the United States and other countries.  You agree to comply with all applicable export and import laws and regulations. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S.  Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Software or Service, you represent and warrant that you are not located in any such country or on any such list.  You also agree that you will not use the Software or Service for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You further agree not to upload to your account any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.  This assurance and commitment shall survive termination of this TOS.

    4. Software Updates.  As part of the Service, you may from time to time receive updates to the Software from Social Kapture which may be automatically downloaded and installed to your device.  These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the Software. You agree that Social Kapture may automatically deliver such updates to you as part of the Service and you shall receive and install them as required.

    5. Copyright and Digital Imagery.  The Service and Software may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce.  Title and intellectual property rights in and to any Content displayed by or accessed through the Software or Service belongs to the respective Content owner. Such Content may be protected by copyright or other intellectual property laws and treaties, and may be subject to additional terms of use of Social Kapture, its licensors or the third party providing such Content.  For example, any stock photographs, images, graphics, clipart, artwork or similar assets (“Digital Imagery”) that are provided by Social Kapture and/or its licensors as part of the Software or Service (including but not limited to any Digital Imagery contained within templates, themes or user guides and tutorials) may not be extracted and distributed, commercially or otherwise, on a standalone basis outside of the Software or Service.

  4. Termination

    1. Termination by You.  You may terminate your account and/or stop using the Service at any time.

    2. Termination by Social Kapture.  Social Kapture may at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of your account and/or access to the Service.  Cause for such termination shall include, but not be limited to: (a) violations of the TOS or any other policies or guidelines that are referenced herein and/or posted on the Service; (b) a request by you to cancel or terminate your account; (c) discontinuance or material modification to the Service or any part thereof; (d) a request and/or order from law enforcement, a judicial body, or other government agency; (e) where provision of the Service to you is or may become unlawful; (f) unexpected technical or security issues or problems; or (g) your participation in fraudulent or illegal activities.  Any such termination or suspension shall be made by Social Kapture in its sole discretion, and Social Kapture will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to the Service.

    3. Effects of Termination.  Upon termination of your account you lose all access to the Service and any portions thereof, including, but not limited to, your account and any documents published thereunder.

  5. Links and Third-Party Materials.  Certain Content, components or features of the Service may include materials from third parties and/or hyperlinks to other web sites, resources or Content.  Because Social Kapture may have no control over such third-party sites and/or materials, you acknowledge and agree that Social Kapture is not responsible for the availability of such sites or resources, and does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any Content, advertising, products or materials on or available from such sites or resources.  You further acknowledge and agree that Social Kapture shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such Content, advertising, products or materials on or available from such sites or resources.

  6. Disclaimer of Warranties.  YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  SOCIAL KAPTURE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  IN PARTICULAR, SOCIAL KAPTURE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED.  ANY MATERIAL TRANSMITTED, STORED, ACCESSED OR OTHERWISE MAINTAINED THROUGH THE USE OF THE SERVICE IS DONE SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM ANY SUCH USE OF THE SERVICE. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SOCIAL KAPTURE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

  7. Limitation of Liability.  YOU EXPRESSLY UNDERSTAND AND AGREE THAT SOCIAL KAPTURE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF SOCIAL KAPTURE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE; (II) ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (VI) ANY OTHER MATTER RELATING TO THE SERVICE.

  8. Indemnity.  You agree to defend, indemnify and hold Social Kapture, its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from: (a) any Content you submit, post, transmit, or otherwise make available through the Service; (b) your use of the Service; (c) any violation by you of these TOS; or (d) your violation of any rights of another, including without limitation, any intellectual property or other proprietary rights  This obligation shall survive the termination or expiration of these TOS and/or your use of the Service.

  9. Notices.  Social Kapture may provide you with notices regarding the Service, including changes to these TOS, by email, regular mail, or by postings on its website and/or the Service.

  10. Governing Law.  Any litigation or other dispute resolution between you and Social Kapture arising out of or relating to these TOS or your use of the Service will take place in the Central District of California, and you and Social Kapture hereby consent to the personal jurisdiction of and exclusive venue in the state and federal courts within that District with respect to any such litigation or dispute resolution.  This Agreement will be governed by and construed in accordance with the laws of the United States and the State of California, except that body of California law concerning conflicts of law. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

  11. General.  These TOS constitute the entire agreement between you and Social Kapture and govern your use of the Service.  You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.  If any part of these TOS is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.  The failure of Social Kapture to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in these TOS, there shall be no third-party beneficiaries to this agreement.  Any translation of these TOS is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of these TOS shall govern. You agree that any claim or cause of action arising out of or related to these TOS or the use of the Service must be filed within one (1) year after the cause of action arose or be forever barred.

 SOCIAL KAPTURE, LLC PRIVACY POLICY

LAST REVISED:  JANUARY 1, 2018

 

 

HOW WE COLLECT AND USE INFORMATION

 

We collect the following types of information about you:


  • INFORMATION YOU PROVIDE US DIRECTLY:

 

    • We ask for certain information such as your username, real name, birthdate, address, phone number, and email address when you register for a Social Kapture account, or if you correspond with us. We may also retain any messages you send through the Service (as defined in our Terms of Service (“TOS”)) and may collect information you provide in User Content (as defined in the TOS) you post to the Service. We use this information to operate, maintain, and provide to you the features and functionality of the Service. Your username and if you choose to disclose it, your real name will be published publicly. Once published your username and/or real name may not be able to be removed.


  • INFORMATION WE MAY RECEIVE FROM THIRD PARTIES:

 

    • We may receive information about you from third parties. For example, if you access our websites or Service through a third-party connection or log-in (such as through Facebook Connect, by “following,” “liking,” adding the Social Kapture application, linking your account to the Social Kapture Service, etc.) that third party may pass certain information about your use of its service to us. This information could include, but is not limited to, the user ID associated with your account (for example, your Facebook UID), an access token necessary to access that service, any information that you have permitted the third party to share with us, and any information you have made public in connection with that service. [[If you allow us access to your friends list, your friends’ user IDs, and your connection to those friends, may be used and stored to make your experience more social, and to allow you to invite your friends to use our Service as well as provide you with updates if and when your friends join Social Kapture.]] [Don’t think this applies?] You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to the Service. You may also unlink your third-party account from the Service by adjusting your settings on the third party service.


  • ANALYTICS INFORMATION:

 

    • We may directly collect analytics data, or use third-party analytics tools and services, to help us measure traffic and usage trends for the Service. These tools collect information sent by your browser or mobile device, including the pages you visit and other information that assists us in improving the Service. We collect and use this analytics information in aggregate form such that it cannot reasonably be manipulated to identify any particular individual user.


  • COOKIES INFORMATION:

 

    • When you visit the Service, we may send one or more cookies — a small text file containing a string of alphanumeric characters — to your computer that uniquely identifies your browser and allows us to help you log in faster and enhance your navigation through the site. A cookie may also convey information to us about how you use the Service (e.g., the pages you view, the links you click and other actions you take on the Service), and allow us or our business partners to track your usage of the Service over time. A persistent cookie remains on your hard drive after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser’s directions. A session cookie is temporary and disappears after you close your browser. You can adjust your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Service may not function properly if the ability to accept cookies is disabled. Full details can be found on our Cookie Policy.


  • LOG FILE INFORMATION:

 

    • Log file information is automatically reported by your browser or mobile device each time you access the Service. When you use our Service, our servers automatically record certain log file information. These server logs may include anonymous information such as your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information.

 

  • CLEAR GIFS/WEB BEACONS INFORMATION:

 

    • When you use the Service, we may employ clear gifs (also known as web beacons) which are used to anonymously track the online usage patterns of our Users. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Service.

 

  • DEVICE IDENTIFIERS:


    • When you access the Service by or through a mobile device (including but not limited to smart-phones or tablets), we may access, collect, monitor and/or remotely store one or more “device identifiers,” such as a universally unique identifier (“UUID”). Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by us. A device identifier may convey information to us about how you browse and use the Service. A device identifier may remain persistently on your device, to help you log in faster and enhance your navigation through the Service. Some features of the Service may not function properly if use or availability of device identifiers is impaired or disabled.

 

  • LOCATION DATA:

 

    • When you access the Service by or through a mobile device, we may access, collect, monitor and/or remotely store “location data,” which may include GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your mobile device. Location data may convey to us information about how you browse and use the Service. Some features of the Service, particularly location-based services, may not function properly if use or availability of location data is impaired or disabled.

 

HOW WE USE THE INFORMATION

 

This is how we may use the information that we collect about you:

 

  • {{COMMERCIAL AND MARKETING COMMUNICATIONS:

 

    • We use the information we collect or receive, such as your email address, to communicate directly with you. We may send you emails containing newsletters, promotions, and special offers. If you do not want to receive such email messages, you will be given the option to opt out initially or may change your preferences at a later date if you choose to do so. We also use your information to send you Service-related emails (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices). You may not opt out of Service-related emails. You may also be able to be “found” on Social Kapture based on information that you provide (see “Find friends on Social Kapture”) above.}}


  • USE OF CERTAIN SERVICE TYPE INFORMATION WE COLLECT ABOUT YOU:

 

    • We use or may use cookies, log file, device identifiers, location data, and clear gifs information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you access the Service; (b) provide custom, personalized content and information; (c) to provide and monitor the effectiveness of our Service; (d) monitor aggregate metrics such as total number of visitors, traffic, and demographic patterns; (e) diagnose or fix technology problems; (f) help you efficiently access your information after you sign in; (g) to provide advertising to your browser or device, and (h) automatically update the Social Kapture application on your mobile devices.


  • SHARING OF YOUR INFORMATION:

 

    • We will not rent or sell your information into third parties outside Social Kapture and its group of companies (including any parent, subsidiaries and affiliates) without your consent, except:


      • We may share your information with third-party business partners and Trusted Users for the purpose of providing the Service to you. Third-party business partners will be given limited access to your information as is reasonably necessary to deliver the Service, and we will require that such third parties comply with this Privacy Policy, or operate under a similar privacy policy.


      • Any User Content that you voluntarily disclose for posting to the Service becomes available to the public and cannot be removed, except by Social Kapture in its sole and absolute discretion. Once posted on Social Kapture, User Content may not be removable from public view, as copies may remain viewable in cached and archived pages of the Service, on other sites that have republished us, or if other Users have copied or saved that information. If you do not wish your User Content to be available to the public, please don’t post it on Social Kapture. Your username and if you choose to disclose it, your real name will be published publicly. Once published your username/real name may not be able to be removed.


      • If you post User Content on the Service while not logged in, your IP address will be published with your User Content in order to attribute your contribution to the Service. A selection of Trusted Users with administrative powers on Social Kapture have the ability to review IP addresses of users to reduce abusive behavior. Any third party service embedded on Social Kapture such as an advertiser, video provider, social network or other third party will also have access to your IP address.


      • If you enter an email address, you will enable communication from Social Kapture and other Users. If you reply to users or participate in group Social Kapture activities such as meetups, your email address will be shared with these users. In addition, some email addresses such as blocked@Social Kapture.com forward to a group of Trusted Users, who will use your email address to reply to the email.


      • We may buy or sell/divest/transfer the company (including any shares in the company), or any combination of its products, services, assets and/or businesses. Your information such as customer names and email addresses, User Content and other user information related to the Service may be among the items sold or otherwise transferred in these types of transactions. We may also sell, assign or otherwise transfer such information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions, reorganizations, liquidations, similar transactions or proceedings involving all or a portion of the company.


      • Social Kapture will disclose your information where required to do so by law or subpoena or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our TOS or to protect the security, quality or integrity of our Service; and/or (c) to exercise or protect the rights, property, or personal safety of Social Kapture, our Users, or others.

 

  • SHARING CERTAIN SERVICE TYPE INFORMATION WE COLLECT ABOUT YOU:

 

    • We may share certain service type information, including information obtained through tools such as cookies, log files, device identifiers, location data and clear GIFs (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.): (i) with our third-party business partners for the purposes described in the section above on “How We Collect Information.” We may also aggregate or otherwise strip data of all personally identifying characteristics and may share that aggregated, anonymized data with third parties.

 

  • ADS ON SOCIAL KAPTURE:

 

    • We may also share certain information such as your location, browser, and cookie data and other data relating to your use of our Service with our business partners to deliver advertisements (“ads”) that may be of interest to you. We may allow third-party ad servers or ad networks to serve advertisements on the Service. These third-party ad servers or ad networks use technology to send, directly to your browser or mobile device, the ads and ad links that appear on the Service, and will automatically receive your IP address when they do so. They may also use other technologies (such as cookies, JavaScript, device identifiers, location data, and clear gifs, see above) to compile information about your browser’s or device’s visits and usage patterns on the Service and on other websites, and to measure the effectiveness of their ads and to personalize the advertising content delivered to you. For example, Google uses DART cookies in order to deliver ads to you through the Service. Google’s use of the DART cookie enables it and its partners to serve ads to you based on your visit to the Service and previous websites that you may have visited. Other advertising networks also use similar cookies, clear gifs, or other mechanisms to deliver targeted advertising to you through the Service. You can delete these cookies by following the instructions included with your browser. You may opt out of use of Google’s DART cookie and cookies placed by Network Advertising Initiative (NAI) certified ad networks here: http://www.networkadvertising.org/managing/opt_out.asp. Opting out of these cookies will be effective not only on the Service, but on all websites with NAI certified advertising networks. However, these opt-outs will be ineffective on networks that are not NAI certified. Please note that an advertiser may ask us to show an ad to a certain audience of Users (e.g., based on demographics or other interests). In that situation, we or our Partners determine the target audience and we serve the advertising to that audience and only provide anonymous data to the advertiser. If you respond to such an ad, the advertiser or ad server may conclude that you fit the description of the audience they are trying to reach. To enhance your user experience or help us improve and measure our effectiveness, we may embed code from third parties on the Service. Examples of such parties may include Facebook, Twitter, Pinterest, Google, YouTube, Howcast, VideoJug, AOL, and others. These third parties may collect information about you including IP address, cookies in ways we do not control. This Privacy Policy does not apply to, and we cannot control the activities of third-parties. Please consult the respective privacy policies of such third parties or contact such third parties for more information.

 

HOW WE STORE AND PROTECT YOUR INFORMATION:

 

  • STORAGE AND PROCESSING:

 

    • Your information collected through the Service may be stored and processed in the United States or any other country in which we or our subsidiaries, affiliates, or service providers maintain facilities. We may transfer information that we collect about you, including personal information, to affiliated entities, or to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to the U.S. or any other country in which we or our parent, subsidiaries, affiliates, or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.

 

  • KEEPING YOUR INFORMATION SAFE:

 

    • We care about the security of your information, and use commercially reasonable safeguards to preserve the integrity and security of all information collected through the Service. To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications from us, at all times. We cannot, however, ensure or warrant the security of any information you transmit to us or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed. Your privacy settings may also be affected by changes to the functionality of third party sites and services that you add to the Service, such as social networks. We are not responsible for the functionality or security measures of any third party.

 

  • COMPROMISE OF INFORMATION:

 

    • In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.

 

  • YOUR CHOICES ABOUT YOUR INFORMATION


    • You control your account information and settings: You may update your account information and email-communication preferences at any time by logging in to your account and changing your profile settings. You can also stop receiving promotional email communications from us by emailing us at info@socialkapture.com. We make every effort to promptly process all unsubscribe requests. As noted above, you may not opt out of Service-related communications (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices). If you have any questions about reviewing or modifying your account information, you can contact us directly at info@Social Kapture.com.

 

  • OPTING OUT OF COLLECTION OF YOUR INFORMATION FOR TRACKING / ADVERTISING:

 

    • Please refer to your mobile device or browser’s technical information for instructions on how to delete and disable cookies, and other tracking/recording tools. Depending on your type of device, it may not be possible to delete or disable tracking mechanisms on your mobile device. Note that disabling cookies and/or other tracking tools prevents us or our business partners from tracking your browser’s activities in relation to the Service, and for use in targeted advertising activities by third parties. However, doing so may disable many of the features available through the Service. If you have any questions about opting out of the collection of cookies and other tracking/recording tools, you can contact us directly at info@Social Kapture.com.

 

  • HOW LONG WE KEEP YOUR PRIVATE PROFILE INFORMATION:


  • Following termination of your User account, we may retain your private profile information for a commercially reasonable time for backup, archival, or audit purposes. For the avoidance of doubt, any information that you choose to make public on the service may not be removable.

 

  • CHILDREN’S PRIVACY

 

    • We do not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register as Users. The Service and its content are not directed at children under the age of 13. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at info@Social Kapture.com.

 

  • LINKS TO OTHER WEBSITES AND SERVICES

 

    • We are not responsible for the practices employed by websites or services linked to or from the Service, including the information or content contained therein. Please remember that when you use a link to go from the Service to another website, our Privacy Policy does not apply to third-party websites or services. Your browsing and interaction on any third-party website or service, including those that have a link or advertisement on our website, are subject to that third party’s own rules and policies. In addition, you agree that we are not responsible and we do not have any control over any third-parties that you authorize to access your User Content. If you are using a third-party website or service (like Facebook, Google groups, or an IRC chatroom) and you allow such a third-party access to your User Content you do so at your own risk. This Privacy Policy does not apply to information we collect by other means (including offline) or from other sources other than through the Service.

 

  • MODIFICATIONS AND CHANGES:

  •  

    • We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page.