Terms of Use

Introduction

These terms and conditions ("Terms of Use") govern your use of the smqueue website ("the Website").


Agreement

By using the Website, you agree to these Terms of Use as amended from time to time. By using this Website you also agree with all other policies that may be published from time to time on this Website including our privacy policy ("Privacy Policy"). If you disagree with any part of the Terms of Use, then do not use the Website.


Changes and Variations

We reserve the right, at any time, to update and change any or all of these Terms of Use, in our sole discretion, including but not limited to the subscription fees and charges associated with the use of the Website. If smqueue does so, it will post the modified Terms of Use on the Website, though we will notify you of any changes that, in our sole discretion, materially impact on these Terms of Use. Continued use of the Website after any such changes have been made constitutes your consent to such changes. You are responsible for regularly reviewing the most current version of the Terms of Use, which are currently available at https://www.smqueue.com/terms When we change these Terms of Use, we will modify the "Last Modified" date below.


Definitions

"Agreement" means your agreement with us to use this Website including these Terms of Use and all other policies that may be published from time to time on this Website.

"Content" means all content, information and data (including text, images, photos, videos, audio, documents, posts or links ) published, shared, reproduced or made available by you or on your behalf in relation to the use of the Services on the Website.

"Customer" means any paying Member of the Website.

"Member" means any user of the Website whether paying or not for use of the Website.

"Minimum Age" means the minimum lawful age by which a person may use this Website under the applicable law from where the Website is accessed but in any case not less than 13 years of age.

This may mean different ages in different countries, depending on where the individual accesses the services. For example, “Minimum Age” shall mean (a) 14 years old for the United States, Canada, Germany, Spain, Australia, and South Korea; and (b) 13 years old for all other countries. However, if the applicable law requires that you must be older than such ages in order for smqueue to lawfully provide the services on the Website to you (including the collection, storage, and use of your information in accordance with our Privacy Policy), then the Minimum Age would be such older age. "Service" or "Services" means the services made available via smqueue’s unique proprietary software supporting and operating the Website that provides for a single log-in, centralized web application that enables you to manage and publish social media content to multiple Supported Platforms, including any modifications or updates.

"smqueue", "we" or "us" means smqueue Inc. 3524 Silverside RD, Suite 35B, Wilmington DE 19810 USA.

"Supported Platforms" means the social networking websites currently supported by the Services, including Twitter, Facebook, LinkedIn and Google+, and other social networking websites as described via the Website. "Taxes" means all taxes, assessments, charges, fees, and levies that may be levied or based upon the sale or license of goods and/or services, as the case may be, including all sales, use, goods and services, value added, and excise taxes, custom duties, and assessments together with any instalments with respect thereto, and any interest, fines, and penalties with respect thereto, imposed by any governmental authority (including federal, state, provincial, municipal, and foreign governmental authorities).

"You" means any company, association or person who uses the Website including any Customer or Member.

"Website" means the smqueue website www.smqueue.com.


License to Use the Website

We grant you a non-exclusive worldwide license to use the Website and the Services in accordance with these Terms of Use and any policies published on this Website.

You may view, download for caching purposes only and print pages from the Website provided the Terms of Use and our policies are adhered to. Further you agree that:


  • You must not use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website.

  • You must not use the Website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any such unlawful and/or illegal activity

  • You must not use the Website to copy, publish or send mass mailings or spam.

  • You must not use the Website to copy, publish or send material which is illegal or unlawful, or material which could give rise to legal action under the laws of the United States of America and/or other applicable law internationally.

  • All Content you copy, publish or send via the Website must not be indecent, obscene, defamatory, hateful or discriminatory of any person, persons, group or corporation.

  • All Content you copy, publish or send via the Website must not infringe on any persons’ intellectual property rights, infringe any person’s privacy, or constitute incitement to commit a crime.

  • All Content you copy, publish or send via the Website must not be misleading, deceitful, threatening or abusive, harassing or sexually explicit in any way whatsoever.

  • In respect to all Content posted by you on the Website for public display, you will grant smqueue and other Members an irrevocable, worldwide, non exclusive and royalty free license to use, reproduce, publish, translate and distribute any such Content in any media, together with the right to sub-license such rights.



smqueue reserves the right to edit or remove Content posted upon the Website upon becoming aware that such Content breaches this license or the Terms of Use or our Privacy Policy. smqueue may take any action we deem appropriate to rectify the posting of any inappropriate or unsuitable Content. This may include the suspension or cancellation of your account, restriction of your access to the Website, commencement of legal proceedings or referring any Content to any government authority or international agency for prosecution or investigation.


Intellectual Property Rights

Unless otherwise stated, we or our licensors own the intellectual property rights in the Website and the unique proprietary software and code that supports and operates the Website. Subject to the license, all our intellectual property rights are reserved.

When submitting Content on the Website, you warrant that you have all the required rights to publish the Content and that the Content will not infringe the proprietary rights, including but not limited to the copyright, patent or trademark of any third party. All trademarks appearing on the Website are the property of their respective owners.

You further warrant to us and agree that smqueue will not be held liable for any claims of rights or violations caused by any of your actions. You are entirely responsible for the content of and any harm resulting from, your Content and indemnify us from any loss that we suffer as a result of your use of the Website. You also agree that by submitting Content for public display on our Website you grant us and our Members a perpetual worldwide, royalty free, non-exclusive and irrevocable licence to publish and use the Content for any purpose.


Access to Smqueue Account

Subject to the Terms of Use this service is solely for your personal use. The Website is available only to companies, associations or individuals who are of Minimum Age only and is not designed for persons who are under 13 years of age. Guardians of children are responsible for their child's internet use and smqueue takes no responsibility for unlawful use of this Website. By using this Website you certify that you are a person of Minimum Age and that you are legally permitted to use the Website and take full responsibility for the use of the Website and any services available on our Website.

This Agreement has certain terms and conditions that apply to Customers, but not other users. In the event any Customer specific terms or conditions conflict with any of the terms or conditions that apply to users generally, the Customer-specific terms and conditions shall apply.

smqueue may change, suspend or discontinue the services on the Website at any time, including the availability of any feature, database or content. smqueue may also impose limits on certain features and Services or restrict your access to parts or all of the Website without notice. smqueue will not be liable to you for any restrictions to access.

You are responsible for obtaining and maintaining any equipment or ancillary services needed to connect to or access the Website, including without limitation, modems, hardware, software and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Website. smqueue is not responsible for any cost or expense associated with your access to or use of the Website.


Restricted Access

Access to certain areas of the Website are restricted. We reserve the right to restrict access to other areas of the Website, or indeed the whole Website, at our discretion. You shall not, nor permit anyone else to, directly or indirectly, disassemble, decompile, scan or otherwise attempt to decode or discover the source code or algorithms of all or any part of the Website.

Furthermore you shall not use any automatic device, program or any similar or equivalent manual process, to access, copy, and monitor or interfere in any way with any portion of the Website.

If we provide you with a user ID and/or password to enable you to access restricted areas of the Website or other content or Services, you must ensure that the user ID and password are kept confidential. You accept responsibility for all activities that occur under your ID and/or password.

You shall not use the Website or any Content for any purpose that is unlawful or prohibited by this Agreement. We may disable your User ID and/or password at our sole discretion without prior consultation with you.


Registration and Security

As a condition to using certain Services on the Website, you will be required to register with smqueue and select a password. You must provide smqueue with accurate and up to date information required for registration including your personal information which we will retain in accordance with our Privacy Policy. Failure to do so shall constitute a breach of this Agreement and may result in immediate termination of your account.

smqueue reserves the right to refuse registration , or cancel a smqueue account at its sole discretion and without giving you any reason. You shall be responsible for maintaining the confidentially of your smqueue password and other account information.

You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service. smqueue reserves the right to bar any such activity


Changes to Services

You acknowledge that from time to time smqueue may apply updates to the Services and that such updates may result in changes in the appearance and/or functionality of the Services (including the addition, modification, or removal of functionality, features, or content). Excluding the addition of wholly new products, smqueue shall provide, implement, configure, install, support, and maintain at its own cost any and all updates, upgrades, enhancements, improvements, releases, corrections, bug fixes, patches, and modifications to the Services (collectively, the “Updates”).

You acknowledge that the Services operate with several Supported Platforms, and that the Services provided are highly dependent on the availability of such Supported Platforms. If at any time any Supported Platforms cease to make their programs available to smqueue on reasonable terms, smqueue may cease to provide such features to you without entitling you to refund, credit, or other compensation.


Termination

smqueue may terminate your access to all or any part of the Website at any time, without cause or notice, effective immediately. If you wish to terminate this Agreement or your smqueue account, you may simply discontinue using the Website however we shall not be liable to repay any monies received by you after you discontinue using the Website as any such payments enable you to have access and use the Services whether you choose to do so or not.

Despite that, if you have a paid account as a Customer, such account can only be terminated by smqueue if you materially breach this Agreement and fail to cure such breach within thirty (30) days from smqueue’s notice to you, provided that, smqueue can suspend or terminate the Website immediately as part of a general shut down of our service should circumstances require us to do so. We will not be liable to you for any such suspension or shut down and you release us from any claim you may have against us for losses you may suffer as a result. All provisions of this Agreement including without limitations, ownership provisions, warranty disclaimers, indemnity and limitations of liability, shall remain in place after termination.


Privacy

smqueue’s Privacy Policy is available on the Website. smqueue strongly recommend that you review the Privacy Policy which you agree to comply with by using the Website and which forms part of this Agreement.


Indemnification

You agree to indemnify and hold harmless smqueue, its contractors and licensors and their respective directors, officers, employees and agents from and against any and all claims and expenses, including all legal fees on an a full indemnity basis, arising out of your use of the Website, including but not limited to your violation this Agreement or the posting of any defamatory, illegal or offensive Content on the Website.



Disclaimer

smqueue, its contractors, licensors, directors, officers, employees and agents, neither represent or endorse the accuracy or reliability of any information or content whatsoever contained on, distributed through or linked, downloaded or accessed from any of the services contained on the Website, nor the quality of any products, materials or information displayed, purchased and/or obtained by the you as a result of any advertisement or information or offer in connection with the Services.

smqueue reserve the right, in our sole discretion and without obligation, to make improvements to and or correct any error or omissions in our Website or in any Services.

The Service provided by us without any warranty as to their effectiveness and we expressly disclaim any and all warranties, express or implied, including without limitation, warranties of merchantability and fitness for a particular purpose, with respect to the Service. We shall not be liable for any direct, indirect, incidental, punitive or consequential damages of any kind whatsoever with respect to the Website and Services.


Disclosure

Compensation received by smqueue as an affiliate marketer to provide opinion on products, services, websites and various other topics does not affect the topics or posts we make on the Website. The views and opinions expressed on this Website by us are purely our own. We always provide our honest opinions, findings or experiences on those topics or products.

Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider or party in question.


Jurisdiction

The federal laws of the United States of America govern the terms of this Agreement. You submit to the non-exclusive jurisdiction of the courts of the United States of America or any other country that we nominate by notice in writing sent by us to you in respect of any legal action that we may be required to commence to enforce our rights under these Terms of Use. You will not object to any such jurisdiction nominated by us on any account whatsoever. Any notice we give to you shall be deemed to be served by electronic mail or by prepaid post to your last known email or postal address advised to us.


Last modified February 22, 2015. version 1.18