Terms of Service

The www.PracticalSocialMedia.com website and blog is owned and operated by StudioHDV, Inc. d/b/a Practical Social Media, Practical Social Media University and are collectively referred to in this document as “PSM” and the “PSM Website”.  Certain content and material available on the PSM Website is provided by license from third parties.

By accessing, browsing and/or using the PSM Website, you agree that you are bound by these terms and conditions of use (“Terms of Use”).  If you do not agree to these Terms of Use, leave the PSM Website immediately and do not access, browse or use the PSM Website.

PAID MEMBER ACCOUNTS

Certain sections of, or offerings from, the PSM Website require you to register or purchase. If you request registration or a purchase, you agree to provide us with accurate, complete registration and/or purchase information. Your registration must be done using accurate information.  You also represent and warrant that if you are becoming a paid member, that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

By registering as a paid member, you agree and acknowledge that you voluntarily subscribed to the PSM Membership, and that in doing so, you agree that you will be charged the monthly membership rate on the credit card you provided, indefinitely, unless and until you send in a written cancellation request. Memberships can be canceled at any time, upon receipt of a written cancellation request to customerservice@practicalsocialmedia.com.

By enrolling as a paid member, you agree and acknowledge that UNTIL YOU CANCEL YOUR ACCOUNT IN WRITING, YOU WILL CONTINUE TO BE CHARGED THE MONTHLY MEMBERSHIP FEE TO THE CREDIT CARD YOU PROVIDED. You also agree and acknowledge that PSM DOES NOT PROCESS REFUNDS.  ALL SALES ARE FINAL, AND PSM DOES NOT RETROACTIVELY PROCESS REFUNDS EVEN IF YOU FAIL TO USE THE PSM SERVICE.

You agree that PSM shall be permitted to charge your credit card on a monthly basis in advance of providing its services or as needed for prepayments, for your subscription fee, any applicable sales taxes, and any other charges you may incur in connection with your use of PSM services.  The monthly membership fee is billed in full on the first day of your paid membership and monthly thereafter, unless and until you cancel your subscription. If your billing date lands on a day not contained in a given month, you will be billed on the last day of that month. For example, if your paid subscription began on March 31st, your next billing date would be April 30th.

PSM is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by PSM. Currency exchange settlements will be based on agreements between you and the provider of your credit card. In addition, we do not give pro-rated refunds for unused time if cancellation is initiated during the middle of a billing cycle. We reserve the right to change our fees, but will notify you in advance of increases.

Each paid registration is for your personal use only.  We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.

INTELLECTUAL PROPERTY RIGHTS | TRADEMARKS

The material and content on the PSM Website (“PSM Content”) may not be reproduced, distributed, displayed, used for derivative works, or transmitted in any way, except as expressly permitted by PSM.

The PSM Content is proprietary and subject to copyright and other legal protection by PSM or its third party licensors.  Nothing in this Terms of Services grants or confers any title or ownership of, or exclusive use-rights to, any intellectual property right in and to the PSM Content.   If you are NOT a paid subscriber to the Practical Social Media University, PSM grants you a limited license to view the PSM Content provided to the public by PSM on the PSM Website.  If you are a paid subscriber to the Practical Social Media University, PSM grants you a view of the public PSM Content and a limited non-transferrable license to view and use the subscriber PSM Content solely for original purchaser’s own purposes.

PSM and the PSM logos are trademarks of PSM and all rights are reserved.  All other PSM trademarks, service marks, domain names, logos, and company names referred to on the PSM Website are the property of PSM or its licensors.  Other non PSM company names, trademarks, service marks, domain names, logos on the PSM Website may be trademarks of their respective owners.  You may not use any trademark, service mark, domain name, logo, or company name of PSM or any third party without permission from the owner of the applicable trademark, service mark, domain name, logo, or company name.

USER SUBMISSIONS AND USER CONTENT

PSM welcome’s user comments and videos on its blog and the PSM Website (“User Content”).  In exchange for allowing you to publish (“User Content”) on the PSM Blog, you grant and assign to PSM a perpetual, transferrable, fully paid, non-exclusive, global license to edit, reproduce, transfer, distribute, create derivative works, publish, perform in all media forms now known or invented in the future your User Content.   By submitting User Content to the PSM Website, you represent and warrant that you either own or control all of the rights to the content submitted, that you previously obtained authorization from the owner of the material to submit the material in your User Content submission, and that you have all necessary authorizations from any person or company mentioned in your User Content to submit such information to the PSM Site for use in under this Terms of Use. In addition, you agree to indemnify, defend and hold PSM and its successors and assigns harmless, at PSM’s option and at your sole expense from and against any damages, losses, costs, or expenses, including attorneys’ fees, which PSM or its successors and assigns may incur as a result of your User Content submission. Users that provide User Content do so voluntarily and subject to the PSM Privacy Policy.

PSM has no duty to treat any User Content as confidential. PSM retains the right to review, edit, or delete from the PSM Website any User Content that PSM in its sole discretion considers illegal, offensive, or otherwise inappropriate.

Your Submission, including any personally identifiable information, is voluntary and subject to the Privacy Policy. You are responsible for the content of the Submission and agree to defend (at PSM option and at your sole expense), indemnify and hold PSM harmless from any damages, losses, costs, or expenses, including attorneys’ fees, which PSM may incur as a result of your Submission. If you are viewing the PSM Website on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off the PSM Website and the computer system you are using to prevent unauthorized Submissions. PSM retains the right to review, edit, or delete from the PSM Website any Submission which PSM in its sole discretion considers illegal, offensive, or otherwise inappropriate.

MODIFICATIONS AND INTERRUPTION TO SERVICE

PSM reserves the right to modify or discontinue the Service with or without notice to the Member. PSM shall not be liable to Member or any third party should PSM exercise its right to modify or discontinue the Service. Member acknowledges and accepts that PSM does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

PSM reserves the right to deny or revoke access to the PSM Website, or any part thereof, at any time in its sole discretion, with or without cause.  PSM endeavors to make the the PSM Website available 24/7/365, PSM does not make this guarantee, and PSM shall not be liable if, for any reason, the PSM Website is unavailable.

DISCLAIMER AND LIMITATION OF LIABILITY

THE INFORMATION ON THE PSM WEBSITE MAY INCLUDE INACCURATE INFORMATION AND PSM DOES NOT MAKE ANY PROMISES, COVENANTS, REPRESENTATIONS OR WARRANTIES REGARDING THE RESULTS USERS MAY ACHIEVE BY USING THE INFORMATION MADE AVAILABLE, LICENSED AND SOLD ON THE PSM WEBSITE.  ALL INFORMATION AND SERVICES ON THE PSM WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY CONDITIONS, WARRANTIES OR OTHER TERMS OF ANY KIND, AND PSM EXCLUDES ALL REPRESENTATIONS, WARRANTIES, INCLUDING WITHOUT LIMITATION, THE CONDITIONS IMPLIED BY LAW OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND THE USE OF REASONABLE CARE AND SKILL, WHICH, BUT FOR THESE TERMS OF USE MIGHT HAVE EFFECT IN RELATION TO THE SITE.

By using the PSM Website, you agree that, IN ANY CONTROVERSY OR DISPUTE BETWEEN PSM AND YOU, THE MAXIMUM RECOVERY THAT EITHER PARTY SHALL RECOVER IS LIMITED TO THE AMOUNT YOU PAID TO PSM.  THIS LIMITATION OF LIABILITY DOES NOT APPLY TO YOUR INDEMNITY OBLIGATIONS SET FORTH ABOVE.

PSM EXCLUDES ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY (INCLUDING WITHOUT LIMITATION, ANY DIRECT INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGE ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION AND WHETHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), CONTRACT OR OTHERWISE) IN CONNECTION WITH THE SITE IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, ANY WEBSITES LINKED TO THE SITE, OR THE MATERIAL ON SUCH WEBSITES, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE SITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THE SITE OR ANY WEBSITE LINKED TO THE SITE.

INCOME DISCLAIMER

PSM in no way guarantees any level of success or income from the use of any PSM products or services. Income opportunities depend on an individual’s own efforts, diligence, and skill in creating a total marketing and sales solution around their business.

JURISDICTION | EXCLUSIVE VENUW

Access to and use of the PSM Website and these Terms of Use are governed by United States federal laws and the laws of the State of Arizona.  By using the PSM Website from anywhere in the World, you agree that any legal action arising out of the relationship you have with PSM, your use of the PSM Website, User Content or the PSM Content shall be filed exclusively in the state or federal court located in Pinal County, Arizona, U.S.A., you agree to submit to jurisdiction of such courts, and you agree to the exclusive selection of such courts as the venue for resolving disputes.

GENERAL TERMS AND CONDITIONS

These Terms of Use and the Privacy Policy constitute the entire agreement between the parties relating to the use of the PSM Website and supersede and replace any prior agreement or communication between you and PSM.  PSM shall have no liability to you other than pursuant to these express Terms of Use.

If any part of this Terms of and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of any remaining provisions.

PSM can modify or revise these Terms of Use at any time by updating this posting. Your use of the PSM Website on or after the effective date of any such modification or update will constitute your acceptance of these Terms of Use as modified and/or updated. These Terms of Use were last revised on December 1, 2010.

DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE.

In operating the Web Site, PSM may act as a “services provider” (as defined by DMCA) and offer services as online provider of materials and links to third party web sites. As a result, third party materials that PSM does not own or control may be transmitted, stored, accessed or otherwise made available using the Web Site. PSM has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Web Site. PSM has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of PSM or of a third party, or that has otherwise violated any intellectual property laws or regulations, or these Terms. If you believe any material available via the Web Site infringes a copyright, you should notify PSM using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). PSM will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. PSM designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is StudioHDV, Inc. at 2820 N Pinal Avenue, Suite 12-303, Casa Grande, AZ 85222.

Please provide the following notice:

Identify the copyrighted work or other intellectual property that you claim has been infringed;

Identify the material on the Web Site that you claim is infringing, with enough detail so that PSM may locate it on the Web Site;

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

Your address, telephone number, and email address; and

Your physical or electronic signature.

PSM may give notice to its users of any infringement notice by means of a general notice on any of its websites, electronic mail to a user’s e-mail address in its records, or by written communication sent by first-class mail to a user’s physical address in its records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

Your physical or electronic signature;

Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

SOURCED INFORMATION

This site contains sourced information from other sites on the Internet. No warranty whatsoever is made that any of the content is accurate. There is absolutely no assurance that any information from another source is true, correct or precise. The sources and referenced information on this site have not been verified, nor do they constitute any endorsement or guarantee. The information is provided for informational purposes only. It is your responsibility to evaluate the content and usefulness of materials or information obtained from other sites. We do not take any responsibility for inaccurate data or references.

BLOGGING SERVICE AUTOMATED UPDATES & BLOGGER RESPONSIBILITIES

All blogs that are part of the blogging service offered by Practical Social Media include automatic updates to all WordPress.org installations and a core set of plugins contained in a central repository. Automatic updates are a service that will provide a greater level of security for every blog on the service. Outdated WordPress installations and plugins are key source of infiltration by hackers. Plugins contained within repository may change from time to time without notice. Automatic updates may effect the performance of the blogs, and can cause temporary disruption of service. PSM is not responsible for disruptions of service.

WHAT ARE THE BLOGGER’S RESPONSIBILITIES TO PROTECT THEIR OWN INDIVIDUAL SITES

  • UPDATE YOUR PASSWORD – Log into your blog’s dashboard and update your admin account’s password to 8+ digits. The best passwords use upper and lower case letters, numbers and special characters (&^%$#*, etc.). You can do that via Dashboard > Users > All Users > Edit on your personal admin account. Please leave the main “Admin” account with the associated PSMU email alone. That is what allows us to access your blog and make updates, changes, and address issues like the recent attack.
  • USE A SELF UPDATING BROWSER – Our first recommendations for browsers to start using full time are Chrome (by Google) and then Firefox. The latest version on Internet Explorer is IE10. However, you may easily be running an older IE version that is no longer supported by Microsoft, and is therefore open to multiple vulnerabilities. Internet Explorer does not automatically update itself. For this very reason, we don’t recommend the use of this browser as previous versions are ripe for targeting by hackers.