1. SUBJECT OF THESE TERMS AND CONDITIONS
1.1. These terms and conditions apply to the use of the “SocialHub” online service (hereinafter: the “Software”) provided by us, maloon GmbH, Schütterlettenweg 4, 85053 Ingolstadt, Germany (hereinafter: “maloon GmbH”, “we” or “us”). The Software simplifies community management on online platforms such as Facebook or Twitter. Users of our Software can manage incoming and outgoing comments and posts on our website within a team.
1.2. By using the Software, the user accepts these terms and conditions of use.
1.3. Every user is responsible for his or her own actions performed using our portal. We do not review content stored via our website in detail and such content does not reflect our opinions.
2. USAGE AUTHORISATION AND SCOPE
2.1. SocialHub will grant registered users fee-based use (hereinafter “SocialHub Membership”). This will be a non-exclusive, non-transferable right, in return for payment and which may not be sub-licensed, to use the Software on maloon GmbH’s systems. The Software will not be transferred to the user.
2.2. The entitlement to use our services only exists within the limits of current technology. Adaptations, modifications and supplements to the Software, and action taken to detect and rectify malfunctions, may result in a temporary interruption or may affect availability, where such is absolutely necessary for technical reasons. There may also be disruptions to interfaces with connected social networks such as Facebook, Twitter, Google or Pinterest. We may not be held liable for such disruptions. In the event of a risk to network security or maintenance of network integrity, access to the services may be temporarily limited if necessary. Connection to the website is encrypted with a 256-bit SSL certificate.
2.3. We do not guarantee that the services will meet users’ requirements and expectations, that the services will be available continuously, reliably, securely and without errors, or that the results obtained from use of the services will be accurate and correct.
2.4. The user is not permitted to use our service in any way that violates legal regulations or public morality, or infringes upon the rights of third parties. Each user will be responsible for ensuring that his or her use of the services is lawful and does not violate any third-party rights
2.5. The user is prohibited from using or disseminating SocialHub content and graphics without making reference to the source (”SocialHub”) and linking to the content (e.g. https://socialhub.io/en/products). The sale of content provided by SocialHub is not permitted.
2.6. SocialHub reserves the right (but is under no obligation) to review, reject or delete content within the services. The user acknowledges that he or she may be suspended as a result of using SocialHub data that is offensive, indecent or otherwise objectionable.
3. SOCIALHUB MEMBERSHIP / CONTRACT TERM / TERMINATION
3.1. The 30-day trial period is completely free of charge. After 30 days, the trial period simply expires with no obligation and no additional cost.
3.2. The user must register to use SocialHub. He or she shall ensure that all information provided during the registration process is true and complete. SocialHub must be notified of any changes to his or her user information immediately. No pseudonyms, nicknames or aliases may be used during registration. The user warrants that he or she is of legal age at the time of registration.
3.3. The user will register with a user name and password or his or her Facebook account. He or she may only register once and may only create one user profile. SocialHub has no technical means of determining with certainty that a registered user on the SocialHub website is actually the person or party he, she or it is claiming to be. SocialHub therefore offers no guarantee as to the actual identity of a user.
3.4. Prices and contract periods will be determined with each contracting partner individually. Our Sales team will be happy to provide more information about this on +49 (0) 841 / 493 990 0
3.5. The contractual notice period will be 3 months. Notice must sent in writing to firstname.lastname@example.org or the following address:
3.6. The right of both parties to terminate the contractual relationship for good cause remains unaffected. In particular, SocialHub will deem there to be good cause where continuation of the contractual relationship until expiry of the notice period is not reasonable for SocialHub taking into account all of the circumstances in the individual case in question and giving due consideration to the interests of both parties.
4. FACEBOOK INFORMATION AND TERMS AND CONDITIONS
5.2. Users may not assert any claims against Facebook in connection with participation in and use of our Software. Users acknowledge that our Software is in no way sponsored, supported or organised by Facebook and is in no way connected to Facebook.
5.3. All data and information communicated by users via the plugin, or collected by them, is only disclosed to us and to Facebook. All questions and concerns regarding the Software should be addressed to us and not to Facebook.
We accept liability for personal injury to the user incurred as a direct result of wilful acts, gross negligence or simply negligent breaches of material contractual obligations. In the case of simple negligence, liability will be limited to foreseeable damage. In the case of other damage, we will only accept liability in the event of grossly negligent or wilful conduct by us or by our vicarious agents. Such liability will be limited to the total fees payable within one year. This liability limitation will not apply to personal injury or in the case of grossly negligent or wilful conduct by us or by our vicarious agents.
7. FINAL PROVISIONS
7.1. In the event of individual provisions of these terms and conditions of use being, or becoming, invalid, or if an important matter is not covered therein, this will not affect the validity of the remaining provisions. In place of the invalid clause, the parties undertake to agree upon a provision which most closely reflects the original intended purpose or the purpose the parties would have agreed upon had they been aware of the invalidity.
7.2. Amendments and supplements to these terms and conditions of use must be in written form, make reference to these terms and conditions, and must be signed by both parties.
7.3. The place of fulfilment and place of jurisdiction for all disputes arising under this agreement will be the registered office of maloon GmbH if the user is a businessperson or a legal entity under public law.
Last updated: April 2015