Not A Member Join Us Toder It's free and easy! Home Browse Search Chat Blogs Forum Groups Events Videos Speakers Meetings Shop Treatment Resources Browse More Profiles News
Sober Social Logo
Powered By Google
 Terms of Service

SoberSocial.com

November 1, 2007

SoberSocial.com is a social networking website for recovering alcoholics and addicts, along with their supportive family and friends who are standing by our members in their sobriety. SoberSocial.com encourages members to create personal profiles in order to facilitate communication with other members. SoberSocial.com is hosted in the United States.

This Terms of Service Agreement ("Agreement") sets forth the legally binding terms for your use of the SoberSocial Website which is owned by 5to9MEDIA. By using SoberSocial.com, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse SoberSocial.com) or you are a "Member" (which means that you have registered with SoberSocial.com). The term "User" refers to a Visitor or a Member. You are only authorized to use SoberSocial.com (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the SoberSocial Website and discontinue use immediately. If you wish to become a Member, communicate with other Members and make use of the SoberSocial Website, you must read this Agreement and indicate your acceptance by clicking on the submit button on Sign Up page of SoberSocial.com.

This Agreement includes the SoberSocial.com Privacy Policy. You may receive a copy of this Agreement and/or our Privacy Policy by emailing us at: Admin@SoberSocial.com.

SoberSocial.com may modify this Agreement from time to time and such modification shall be effective upon posting by SoberSocial.com on the SoberSocial Website. You agree to be bound to any changes to this Agreement when you use the SoberSocial Website after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on SoberSocial.com and that you provide to other Users. Your SoberSocial.com profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other SoberSocial.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and SoberSocial.com assumes no responsibility or liability for this material. If you become aware of misuse of the SoberSocial.com by any person, please contact Admin@SoberSocial.com.

SoberSocial.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of SoberSocial.com at any time, for any or no reason, with or without prior notice, and without liability. SoberSocial.com expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of SoberSocial.com if we determine, in our sole discretion, that you pose a threat to SoberSocial.com and/or its Users.

  1. Eligibility. Use of and Membership in SoberSocial.com is void where prohibited. By using the SoberSocial.com, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of SoberSocial.com does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age.

  2. Term. This Agreement shall remain in full force and effect while you use SoberSocial.com or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Home page. SoberSocial.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.

  3. Fees. You acknowledge that SoberSocial reserves the right to charge for SoberSocial.com and to change its fees from time to time in its discretion. If SoberSocial.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.

  4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify SoberSocial.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

  5. Non-commercial Use by Members. SoberSocial.com is for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by SoberSocial.com. Illegal and/or unauthorized use of SoberSocial.com, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the SoberSocial Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of SoberSocial.com.

  6. Proprietary Rights in Content on SoberSocial.com.
      • SoberSocial.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to SoberSocial.com. After posting your Content to the SoberSocial Website, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on SoberSocial.com, you hereby grant to SoberSocial.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on SoberSocial.com.

        Without this license, SoberSocial would be unable to provide the My features included on SoberSocial.com. For example, without the right to modify Member Content, SoberSocial.com would not be able to digitally compress music files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, SoberSocial.com could not allow Users to listen to music posted by Members. The license you grant to SoberSocial.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to SoberSocial.com), fully-paid and royalty-free (meaning that SoberSocial.com is not required to pay you for the use on the SoberSocial Website of the Content that you post), sub licensable (so that SoberSocial.com is able to use its subcontractors such as Internet content delivery networks to provide the SoberSocial Website), and worldwide (because the Internet is global in reach). This license will terminate at the time you remove your Content from SoberSocial.com. The license does not grant Sobersocial.com the right to sell your Content, nor does the license grant SoberSocial.com the right to distribute your Content outside of the SoberSocial Website.

      • You represent and warrant that: (i) you own the Content posted by you on SoberSocial.com or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through SoberSocila.com does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you on SoberSocial.com.

      • SoberSocial.com Content is protected by copyright, trademark, patent, trade secret and other laws. SoberSocial.com owns and retains all rights in the SoberSocial.com Content. SoberSocial.com hereby grants you a limited, revocable, non sub licensable license to reproduce and display the SoberSocial.com Content (excluding any software code) solely for your personal use in connection with viewing the SoberSocial Website.

      • Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on SoberSocial.com.

  7. Content Posted. SoberSocial.com may delete any Content that in the sole judgment of SoberSocial.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. SoberSocial.com assumes no responsibility for monitoring the SoberSocial Website for inappropriate Content or conduct. If at any time SoberSocial chooses, in its sole discretion, to monitor SoberSocial.com, SoberSocial nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

    You are solely responsible for the Content that you post on SoberSocial.com, and any material or information that you transmit to other Members and for your interactions with other Users. SoberSocial.com does not endorse and has no control over the Content. Content is not necessarily reviewed by SoberSocial.com prior to posting and does not necessarily reflect the opinions or policies of SoberSocial.com. SoberSocial.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

  8. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on SoberSocial.com. SoberSocial.com reserves the right to investigate and take appropriate legal action against anyone who, in SoberSocila.com's sole discretion, violates this provision, including without limitation, removing the offending communication from SoberSocial.comand terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of SoberSocial.com:

      • Glorifying or encouraging the use of drugs and alcohol
      • Is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
      • Harasses or advocates harassment of another person;
      • Exploits people in a sexual or violent manner;
      • Contains nudity, violence, or offensive subject matter or contains a link to an adult website;
      • Solicits personal information from anyone under 18;
      • Provides any telephone numbers, street addresses, last names, URLs or email addresses;
      • Promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
      • Promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
      • Involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
      • Contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
      • Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
      • Solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
      • Involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
      • Includes a photograph of another person that you have posted without that person's consent;

    OR

    The following is a partial list of the kind of activity that is illegal or prohibited on the SoberSocial Website. SoberSocial.com reserves the right to investigate and take appropriate legal action against anyone who, in SoberSocial.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

      • Portraying oneself as clean and sober if this is not the case;
      • Criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
      • Advertising to, or solicitation of, any Member to buy or sell any products or services through SoberSocial.com. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the SoberSocial.com in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the SoberSocial.com, you acknowledge that you will have caused substantial harm to SoberSocial.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay SoberSocial.com $50 for each such unsolicited email or other unsolicited communication you send through SoberSocial.com;
      • Covering or obscuring the banner advertisements on your personal profile page, or any SoberSocial.com page via HTML/CSS or any other means;
      • Any automated use of the system, such as using scripts to add friends or send comments or messages;
      • Interfering with, disrupting, or creating an undue burden on SoberSocial.com or the networks or services connected to SoberSocial.com;
      • Attempting to impersonate another Member or person;
      • Using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
      • Selling or otherwise transferring your profile;
      • Using any information obtained from SoberSocial.com in order to harass, abuse, or harm another person;
      • Displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through SoberSocial.com on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or
      • Using SoberSocial.com in a manner inconsistent with any and all applicable laws and regulations.

  9. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of MySpace.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to MySpace.com by the copyright owner or the copyright owner's legal agent. If you believe that your work has been copied and posted on SoberSocial.com in a way that constitutes copyright infringement, please contact us at Admin@SoberSocial.com.

  10. Member Disputes. You are solely responsible for your interactions with other SoberSocial.com Members. SoberSocial.com reserves the right, but has no obligation, to monitor disputes between you and other Members.

  11. Privacy. Use of SoberSocial.com is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

  12. Disclaimers. SoberSocial.com is not responsible for any incorrect or inaccurate Content posted on the SoberSocial Website whether caused by Users of SoberSocial.com or by any of the equipment or programming associated with or utilized by SoberSocial.com. SoberSocial.com does not guarantee that all Users of this site are clean and sober. When you access these third-party sites, you do so at your own risk. SoberSocial.com takes no responsibility for third party advertisements which are posted on this SoberSocial Website, nor does it take any responsibility for the goods or services provided by its advertisers. SoberSocial.com is not responsible for the conduct, whether online or offline, of any User . SoberSocial.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. SoberSocial.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the SoberSocial.com. Under no circumstances shall SoberSocial.com be responsible for any loss or damage, including personal injury or death, resulting from use of SoberSocial.com, from any Content posted on or through SoberSocial.com, or from the conduct of any Users of SoberSocial.com, whether online or offline. SoberSocial.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. SoberSocial.com cannot guarantee and does not promise any specific results from use of the SoberSocial Website.

  13. Limitation on Liability. IN NO EVENT SHALL SOBERSOCIAL.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF SOBERSOCIAL.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SOBERSOCIAL.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SOBERSOCIAL.COM DURING THE TERM OF MEMBERSHIP.

  14. U.S. Export Controls. Software available in connection with SoberSocial.com (the "Software") is further subject to United States export controls. No Software may be downloaded from SoberSocial.com or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

  15. Disputes. If there is any dispute about or involving SoberSocial, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of Los Angeles. Either SoberSocial.com or you may demand that any dispute between SoberSocial.com and you must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Los Angeles, California, USA, provided that the foregoing shall not prevent SoberSocial.com from seeking injunctive relief in a court of competent jurisdiction.

  16. Indemnity. You agree to indemnify and hold SoberSocial.com, its affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of SoberSocial.com in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the SoberSocial Website causes SoberSocial.com to be liable to another.

  17. Other. This Agreement is accepted upon your use of the SoberSocial Website and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and SoberSocial.com. The failure of SoberSocial.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

    Please contact us at: Admin@SoberSocial.com with any questions regarding this Agreement.

    I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

© 2007 SoberSocial.com. All rights reserved. Sitemap | TOS | Privacy Policy | Promote Our Site | Contact Us | Advertise with Us | About Us