MODsocket.com Terms of Service
By using the MODsocket.com website (“Service”) and/or the marketing products and services (“Products”) available through the Service or any service of Ad Giants, LLC (“Ad Giants”) or affiliated service providers (“MODsocket Partners”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
Ad Giants reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://modsocket.com/tos.
Violation of any of the terms below will result in the termination of your account with Ad Giants (“Account”). While Ad Giants prohibits any such violation, you understand and agree that Ad Giants cannot be responsible for the materials or information featured or displayed (“Content”) on the Service and that you may be exposed to such Content. You agree to use the Service at your own risk.
- You must be 18 years or older to use this Service.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- You are responsible for maintaining the security of your Account and password. Ad Giants cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your Account even when Content is posted by others who use your Account.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction, including but not limited to copyright laws.
Payment and Refund Terms
- A valid credit card is required for all Accounts.
- Products purchased through the Service are billed to your credit card at the time of purchase. Refunds may be granted, at Ad Giants sole discretion, for Products that fail to meet the service level commitment of the associated MODsocket Partner.
- All stated pricing are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. To the extent that Ad Giants is required to collect, remit or pass through taxes, the applicable amounts shall be added to your order and presented to you during the ordering process.
- You agree that in the event Ad Giants is unable to collect the fees owed to Ad Giants for the Services, Ad Giants may take any steps it deems necessary to collect such fees from you and that you will be responsible for all costs and expenses incurred by Ad Giants in connection with such collection activity, including collection fees, court costs and attorneys’ fees. You further agree that Ad Giants may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due.
Billing, Renewal, Cancellation and Termination
- Individual Users are billed on periodic cycles (monthly or quarterly). Users are responsible for payment on the period billing date. Cancellation after the billing date will not result in a refund or credit, except as provided below in the case of automatic renewal of quarterly subscriptions. Ad Giants does not offer refunds or credits for unused time, incentives such as marketing dollars, or other subscription benefits.
- Monthly subscribers pre-pay on a monthly basis until the subscription is cancelled.
- Quarterly subscribers pre-pay on a quarterly (3-months) basis. No refund or credit is available if a quarterly subscriber downgrades the subscription prior to the end date of the subscription period, except during the first 14 days of a renewal subscription, as specified in this section. On the anniversary (end date) of a quarterly subscription, the subscription will automatically renew for one quarter and an e-mail billing confirmation will be sent to the subscriber, who will have 14 days from the date of the billing confirmation to cancel or change the subscription, and obtain a corresponding refund or credit, in accordance with Ad Giants' policies. No refunds or credits are granted for any changes or cancellations requested after that 14 day period. Any refund will be in the form of a credit to the credit card account to which the subscription was originally charged.
- HOW TO CANCEL YOUR ACCOUNT. You are solely responsible for properly requesting cancellation of your Account. An email or phone request to cancel your Account is not considered cancellation. You can cancel your Account at any time by clicking on the Customer Support link beneath the global navigation bar at the top of the screen. The Customer Support form provides a simple “Cancel Subscription” option in the “Reason for contacting us” drop-down menu.
- All of your Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your Account is cancelled.
- Ad Giants, in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the Service, or any other Ad Giants service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Ad Giants reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
- Ad Giants reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service or any part thereof with or without notice.
- Prices of the Service, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the MODsocket website (MODsocket.com) or the Service itself. Prices of Products are subject to change without notice.
- Ad Giants shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright, Content Ownership and Trademarks
- All content posted by you on the Service must comply with U.S. copyright law. Please see the below section regarding our policy to address Copyright Infringement Claims.
- We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by using the Service, you agree to allow your content to be used in the provision and execution of the Products procured through MODsocket.com.
- Ad Giants does not pre-screen Content, but Ad Giants and its designee(s) have the right, but not the obligation, in their sole discretion to refuse or remove any Content that is available via the Service.
- You acknowledge and agree that Ad Giants and MODsocket Partners own all rights in and to the Service, Content and Products, including copyrights and that all such materials and the look and feel of the Service is copyright©2001-2011 Ad Giants, LLC and/or MODsocket Partners. All rights reserved. You may not duplicate, copy, or reuse any portion of the Service, Content and Products without express written permission from Ad Giants, except as explicitly allowed through website page sharing features, and by the terms of the purchased Products. Except as expressly provided herein, Ad Giants, LLC does not grant any right to you under any patents, copyrights, trademarks, trade secrets or other intellectual property rights.
- Trademarks. MODsocket®, the MODsocket logo, PitchRocket®, the PitchRocket logo, Ad Giants®, the Ad Giants logo and any other product or service name, mark, logo or slogan contained in the Site are trademarks of Ad Giants and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Ad Giants or the applicable trademark holder.
- Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis.
- Customer support is only provided to paying Account holders and is only available via the Customer Support form or email to support at MODsocket dot com.
- You understand that Ad Giants uses third party vendors and hosting and service partners to provide the necessary hardware, software, networking, storage, related technology, and Products available through the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Ad Giants, or any other Ad Giants service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Ad Giants.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Ad Giants customer, employee, member, or officer will result in immediate Account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- Ad Giants does not warrant that (i) the Service or Product will meet your specific requirements, (ii) the Service or Product will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service or Product will be accurate or reliable, (iv) the quality of any Product, Service, information, or other material purchased or obtained by you through the Service will meet your expectations, (v) the Service or Product will not infringe the rights of third parties and (vi) any errors in the Service will be corrected.
- You understand and agree that Ad Giants shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Ad Giants has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; or (v) any other matter relating to the Service. You further understand and agree that Ad Giants total liability to you for any and all claims made by you shall not exceed the total amounts paid by you to Ad Giants in the preceding 12 month period.
- The failure of Ad Giants to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service and any other notice or policy of Ad Giants constitute the entire agreement between you and Ad Giants and govern your use of the Service, superseding any prior agreements between you and Ad Giants (including, but not limited to, any prior versions of the Terms of Service).
- Questions about the Terms of Service should be sent to support at MODsocket dot com.
You agree to defend, indemnify and hold harmless Ad Giants, its subsidiaries, affiliates, licensors, employees, officers, directors, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your conduct, your use or inability to use the Service or your breach or alleged breach of the Terms of Service or of any representation or warranty contained herein, your unauthorized use of the Service, or your violation of any rights of another.
Notification of Copyright Infringement Claims
Ad Giants, LLC is committed to compliance with U.S. copyright law. Under the Digital Millennium Copyright Act (17 U.S.C. § 512), copyright owners have the right to notify Ad Giants, LLC, if they believe that an account user of a Ad Giants application has infringed the copyright owner's work(s). Notifications of claimed copyright infringement must be submitted in writing to Ad Giants' designated agent for receiving such notifications.
By email: copyright at adgiants dot com
By mail: Ad Giants, LLC
ATTN: Jim Jenkins
8117 Preston Road, Suite 260
Dallas, TX 75225
To be effective, the notification of claimed infringement must be a written communication and must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single Notification, a representative list of such works.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit Ad Giants to locate the material.
- Information reasonably sufficient to permit Ad Giants to contact the complaining party, such as an address, telephone number and if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Objective & Purpose
Protecting your privacy is of paramount importance to Ad Giants, LLC. We make every effort to ensure that any information you provide to us is kept safe and secure. We issue this privacy statement in the interest of demonstrating our commitment to that objective. Because we gather important information from our system clients and website visitors, we have framed this statement for the purpose of communicating our information gathering and dissemination practices.
Ad Giants, LLC does not collect any customer information via its website other than that voluntarily submitted by users through the website registration or referral processes, the website’s contact, customer support or feedback forms, and/or comments posted by users in the website’s user forums or in response to blog posts or other interactive content published on the website. All client account information stored in a private area is accessible only by the client and MODsocket support personnel.
Ad Giants, LLC requires clients who subscribe to the products and services we offer to provide contact information, which may include their name, their company’s name, title, address, phone and fax numbers, e-mail address and billing information. Webite visitors requesting additional information are asked to provide basic contact information such as name, email address and/or phone number.
The information that Ad Giants, LLC collects is used to either respond to visitor requests, or to establish and provide service for individuals and their organizations that choose to subscribe to the Service. We may also use the information to contact clients or website visitors to further discuss their interest in our company, the systems and services we provide, and to send information regarding our company, such as promotions and special events. Client contact and other personal information will not be distributed or shared with third parties unless those parties and the shared information are essential to the provision of services or products requested by the client.
Within our system, Ad Giants, LLC uses a third-party intermediary to manage credit card processing. This intermediary is solely a link in the distribution chain, and is not permitted to store, retain, or use the information provided, except for the sole purpose of credit card processing. Other third parties, such as content providers, may provide content on the website but they are not permitted to directly collect any information from users of the system. Any information required by third parties to fulfill orders placed through the system is collected by Ad Giants, LLC.
Clients of Ad Giants, LLC will be using the website to access data and information. Ad Giants will not review, share, distribute, print, or reference any such data or information except as provided in the Terms of Service, or as may be required by law. Individual records may at times be viewed or accessed only for the purpose of resolving a problem, support issue, or suspected violation of the Terms of Service, or as may be required by law.
Ad Giants, LLC may also collect certain information from visitors to the website and clients of our systems and services, such as Internet addresses. This information is logged to help diagnose technical problems, and to administer our website in order to constantly improve the quality of our services. We may also track and analyze non-identifying and aggregate usage and volume statistical information from our visitors and clients and provide such information to third parties.
This website contains links to other websites. Ad Giants, LLC is not responsible for the privacy practices or the content of these other websites. Customers and visitors will need to check the policy statement of these others websites to understand their policies. Clients and visitors who access a linked website may be disclosing their private information. It is the responsibility of the user to keep such information private and confidential.
Ad Giants, LLC offers its visitors and clients the express right to choose how we may use information provided. If, at any time after requesting information or subscribing to our systems of services, you change your mind about receiving information from us or about our use of your personal information, send us a request specifying your new choice. Send your request to support at adgiants dot com.
Questions regarding this statement or the practices of this website should be directed to Ad Giants, LLC by e-mailing privacy at adgiants dot com or by regular mail addressed to Ad Giants, LLC, Attention: Privacy Statement Administrator, 8117 Preston Road, Suite 260, Dallas, Texas, 75225.