PLEASE READ THESE TERMS and Conditions CAREFULLY. BY ACCESSING, using any part of OUR WEBSITE OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THIS DOCUMENT. This agreement is IN FORCE BETWEEN SOCIAL MEDIA PANEL and You (hereafter referred to as “User”) and is effective as of the date YOU purchases the ServiceS defined below. IF YOU DO NOT AGREE TO ALL OF THESE TERMS and conditions, YOU WILL NOT BE ABLE TO USE OUR WEBSITE OR THE SERVICES RELATED TO IT.
The website https://socialmediapanel.com (the "website") is managed by Social Media Panel Inc. (doing business as “Social Media Panel” or the "Company"). Throughout the present document, the terms “we”, “us”, “Social Media Panel” and “our” refer to Social Media Panel Inc., including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all Terms, Conditions, Policies and Notices stated here.
Any new features or services which are added to the current website shall also be subject to these Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
AUTHORITY AND CAPACITY
The parties and their legal representatives guarantee that they have the authority and capacity to enter into this agreement.
This agreement constitutes a legal, valid, and binding obligation, enforceable against the parties according to its terms.
To the maximum extent permitted by applicable law, nothing in this document will:
•limit or exclude your liability or misinterpretation of the information presented on the website;
•limit any of your liabilities in any way that is not permitted under applicable law;
The limitations and exclusions of liability set out in this section and elsewhere in this disclaimer:
(a) are subject to the preceding paragraph;
(b) will govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer.
SECTION 1 – DEFINITIONS
"User" means the person who made the purchase and payment of a package;
"Registration" or "Register" means the procedure of creating a user account on our website;
"Purchase" means the preliminary contract under which a Buyer and the Social Media Panel company give their consent to the subsequent phase of signing a contract and definitive payment of the amount of the package purchased;
"Membership" means the status obtained by a user, after having made at least one purchase;
"Commission" indicates the fee payable to us by the user for the escrow services;
"Service Provider" means a freelancer, a third party that provides specific services directly to the users;
"Escrow services" means the intermediation services provided by us, Social Media Panel;
"Provider services" means the services provided by the freelancers, services that are contracted by the users according to their choice.
SECTION 2 – WEBSITE TERMS
By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence.
The website works as a marketplace, and in such case, we are only creating connections between its users (as buyers) and the providers of specific services (as third party entities). The services are listed in the pricing section of the website. For the intermediation services we retain a small fee (commission).
For optimal use of our services, any information or material provided to us through the website by users - both at the time of registration and subsequently - must be truthful, accurate, up-to-date, legitimate and not fraudulent. We may verify the contents of this information or material, but we are not required to, and therefore we decline any responsibility regarding them. Failure to comply with this obligation will result in account suspension. We may retain any amount contractually provided by user until full compliance is met as required by us.
It remains our complete disregard for all agreements and contracts concluded between users outside the website. It is, therefore, the responsibility of the users to inform themselves in advance about specific regulations in order to avoid subsequent sanctions and checks by the competent authorities in case of false declarations or documentation. We expressly declare that we do not take any responsibility for the failure or incorrect fulfillment by you of the specific and specific regulations governing the business sector, either on this page or anything else related to it.
SECTION 3 – SERVICE TERMS
The website offers a spectacular opportunity for social media growth, regarding social media marketing (SMM), social media engagements, search engine optimiziation (SEO) and more, to all those who choose to buy one or more of the different service packages available. As previously stated, Social Media Panel acts as a intermediary between the specific service providers and the users of the website. The service providers are third party entities, freelancers, that offer their services directly to the users, we are only acting as an escrow party.
We strive to ensure that the freelancers are providing high quality services, but we do not guarantee it. We encourage the service providers to provide only high quality, honest and legal specific services, but the true quality, contractual and legal responsibility of their services are ultimately up to the freelancers.
Users declare that they understand our contractual position and obligations, and also undertake to use our services in good faith, and to act within the purposes set out by Social Media Panel, without any alteration or interpretation. Any type of misrepresentation of our services will be considered a breach of contract and will result in immediate termination of our services and cancellation of access to your user account, without prior notice.
The Company will be allowed to send by mail or telephone advertising messages illustrating the newly available packages of the company.
SECTION 4 – SERVICE PACKAGES
The users have many options regarding the provider services, and they are fount in the Pricing section of the website.
We reserve the right to stop offering user support & service updates to anyone for any reason at any time. A breach or violation of any of the Terms will result in an immediate termination of our services.
Social Media Panel is the only entity with full administrative access to the services.
SECTION 5 – SERVICE DISCLAIMER
The services are made available online to our users through the https://socialmediapanel.com website.
The services on the Social Media Panel website are provided “as is”. Social Media Panel provides no warranties whatsoever, of any kind, be they expressed or implied. Furthermore, Social Media Panel does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the services.
We have no way of knowing wether the freelancers use organic, real, fake, or any other illegal procedures when providing their services. Social Media Panel is not resposible whatsoever if the providers are using fakes followers, views, likes etc.
We reserve the right but are not obligated, to limit access to our services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of services and investments are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any service at any time.
SECTION 6 – ACCOUNT INFORMATION, BILLING AND PAYMENTS
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel orders that are erroneous, or misplaced. These restrictions may include orders placed by or under the same user account, the same credit card, and/or orders that use the same billing address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail or the phone number provided at the time the order was made.
You agree to provide current, complete and accurate purchase and account information for all payments made. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.
We also reserve the right, without notice, to suspend the subscription, registration and / or purchase of one or more packages of the user, if the latter does not fulfill any rule necessary for the correct use of the website, or does not make payments due in the correct timing or should use billing data or anything else outside the regulations.
Users understand that, upon credit/debit card payments, their content (not including credit card / PayPal information), 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. Credit card information is always encrypted during transfer over networks.
SECTION 7 – REGISTRATION
Registration and purchase of the available packages are permitted to any major person who wishes to conclude legally binding contracts in accordance with international legislation. In the event that it is registered in the name of a legal entity and sends a copy of an appropriate registration document, the user declares that they have the authorization to enter into a contract with us and we will deny any future implication for false statements by the user.
Registration on the website is intended exclusively for personal use. The registered user has no right to authorize third parties to use their membership on this site, nor to buy other packages through their account on the site. Packages once purchased cannot be refunded.
The registration as User is allowed to all legal entities of legal age.
When registering as a user, you are asked to indicate a series of personal information (such as name, surname, date of birth, address, tax code, email, telephone number).
For the avoidance of doubt, we do not assume any responsibility for the veracity, accuracy or suitability of this information. In addition, the User must promptly notify us of any change in relation to the information provided and is solely responsible for the statements made. The user should always verify that the entered data is correct before purchasing a package.
For no reason can we and the website be responsible for the loss or damage of data derived from having used the service or having visited the content of the website itself.
SECTION 8 – CONTRACTUAL RELATIONSHIP
Our role is to be able to offer as many packages as possible to as many people as possible so that everyone can take advantage of this type of services.
The Agreements concluded through the website between the Users and the freelancers, constitute and form a real contract that will be legally binding for the parties involved. We do not take part in the conclusion of contracts, we are only providing commission services.
The money paid through the website are being paid to the freelancers, minus a fee, representing commission for our intermediation services. Any request for reimbursement by a user must be submitted to us by e-mail according to Section 10. Please be aware that full money refunds are not possible, instead we are eventually able to provide the user account with a credit according to our fair decision. After being evaluated, if it is in the correct timing and parameters, and if the user request is accepted, the user account will be credited, and user will be able to spend the credit buying other packages.
If you dispute any payment you have made to us for our services (by, for example, initiating a chargeback), we hereby reserve the irrevocable right to:
•Temporarily suspend or permanently terminate your Account with us; and/or
•Rescind any or all metrics you purchased from us.
The use of our escrow services are provided based on a commission of X% from the cost of the chosen package. The cost of commission is included in the price of the packages.
SECTION 9 - CANCELLATION AND SUSPENSION
If the users decide to cancel their membership, they must make a specific request using the contact forms and details found on the website.
We expressly communicate that in case of detection of fraudulent activity in the use of the contents of this website, we reserve the right to suspend - refuse - cancel the registration / adhesion to the website of the user who undertakes these actions, sanctioning the offense as punishable by law and delegating all preliminary and ancillary costs to the user who has not observed the correct use of the site.
The company will not be obliged, and there will be maximum autonomy in this sense, to communicate the reason for which the Registration / Membership has been suspended/canceled/refused, in cases of use of the site found to be swollen.
In case of refusal, suspension or cancellation of the registration to the package for non-compliance with the website's regulation or fraudulent use of it, the user will no longer be able to purchase new packages through the website and will not receive the money he has paid up to that moment. At our own discretion, we will evaluate the user's communication and consequently, we will provide an express reply or motivation in this sense, without being in any way obliged in the action performed. The sending of the communication by the user does not bind us in any way and we will be free to respond or not to the reason for denial.
When the services are terminated, all data and copies of such data will be deleted from Social Media Panel servers.
SECTION 10 – SETTLEMENT OF DISPUTES
The Users can open a dispute, in relation to a purchased package, through the appropriate mail procedure.
In case of opening of a dispute by the User:
a) The User is required to indicate in detail the reasons underlying the opening of the dispute;
b) The company receives an email alert containing the reasons for the dispute indicated by the User and draws up a solution;
c) Any feedback published on the website, are temporarily suspended, pending the judgment of merit by the site operators;
d) The user is required to provide us with all the information useful for assessing the incident and to express an opinion on the dispute. All information must be received within 3 working days from the moment they are requested by the website operators;
e) The operators of the website will issue an impartial judgment on the dispute within 30 days from the collection of the information indicated in point c).
In the event of disputes opened outside the established deadlines, the manager of the website will be able to decide whether to proceed with the handling of the dispute or not without any prior notice.
SECTION 11 – INTELLECTUAL PROPERTY
Unless otherwise stated, the user hereby acknowledges and agrees that Social Media Panel owns the intellectual property rights for all materials and services, including, but without limitation to, copyrights, patents, trademarks, and trade secrets, etc. The user's possession, access, and use of our services do not transfer to the user, or to any third party, any rights, title, or interest in or to such intellectual property rights.
Users must not, without prior written consent from Social Media Panel:
- Republish material from https://socialmediapanel.com
- Sell, rent or sub-license material from https://socialmediapanel.com
- Reproduce, duplicate or copy material from https://socialmediapanel.com
- Redistribute content from https://socialmediapanel.com
SECTION 12 – PERSONAL INFORMATION
SECTION 13 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, promotions, offers, charges, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 14 - PROHIBITED USES
You may not use our services for any illegal or unauthorized purposes nor may you violate any laws in your jurisdiction. You may not provide documents having obscene, offensive, pornographic, defamatory, or vulgar designs or messages, or that may have any criminal, civil or administrative relevance. We will give full support to the competent authorities in order to punish any offenders.
You must not transmit any worms or viruses or any code of a destructive nature. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the service for violating any of the prohibited uses.
SECTION 15 – WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our website will be uninterrupted, timely, secure or error-free.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Social Media Panel, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 16 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Social Media Panel and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
SECTION 17 – SEVERABILITY
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 18 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 19 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
SECTION 20 – GOVERNING LAW
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the applicable international laws.
SECTION 21 – FINAL PROVISIONS
You can review the most current version of the Terms and Conditions at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
Information entered on the request forms contained on the website is not disclosed to third parties.
The information on the website can only be viewed and printed for personal, non-commercial use.
SECTION 22 – CONTACT INFORMATION
Questions about the Terms and Conditions should be sent to us here.