Welcome to Social Media Hammer
This page defines the Terms of Service (TOS) for use of the Social Media Hammer app, services, and products.
Thank you for using our products and services (“Services”). The Services are provided by Social Media Hammer Inc. (“Social Media Hammer” or “Us” or “We” or “Our”), located at Suite 763 – 5319 3rd St SE, Calgary, AB, Canada T2H 1J7. By using our Services, you are agreeing to these terms. Please read them thoroughly.
Using our Services
Using our Services does not provide you with ownership of any intellectual property rights of our Services or the content you access – except for the output product, that being the CSV file you paid to be created.
Our Services create some content that is not Social Media Hammer’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please do not assume that we do.
Description of Service
Social Media Hammer provides users with access to a wide array of resources, including by not limited to, social media marketing tools, spreadsheet tools, and writing tools. You also recognize that the Service may include certain communications from Social Media Hammer, such as service announcements, administrative messages and that these communications are considered part of Social Media Hammer free registration and paid subscriptions. Unless explicitly stated otherwise, any new features that change, add on to, or enhance the current Service, including the release of new Social Media Hammer assets, shall be subject to this Agreement. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or data charges). Additionally, you will provide and are responsible for all equipment necessary to access the Service.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted. Further, we my track logins and account registrations and if, at our discretion, we deem your account to be created inappropriately, your account may be terminated without notice.
You may not attempt to bypass any functionality or access features on the website directly by using custom http (or other) calls, or attempt to manipulate the Service, or access it in a manner other than in a way in which a reasonable person would consider normal permitted use.
You should not attempt to take advantage of any feature that a reasonable person would consider an obvious omission or error on the website.
Your Registration Obligations
As a registered user of Social Media Hammer service, you represent that you are of legal age to form a binding contract. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is not true, inaccurate, not current or incomplete, or Social Media Hammer has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Social Media Hammer has the right to suspend or terminate your account and refuse any and all current or future use of the service (or any portion thereof).
You must provide your valid email address, and any other information requested to complete the subscription process. You must provide a valid email address to become a Registrant. Your login may only be used by one person – a single login shared by multiple people is not permitted. You are responsible for maintaining the security of your account and password. Social Media Hammer cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
Registration and Subscription
You may become a Registrant of the Service at no cost. As a Registrant, you will have the ability to participate in some, but not all, of the features and services available within the Service.
In order to access additional features and services, including the ability to use many of our tools, you must become a subscriber to the service.
Depending on the subscription plan you select, you will be entitled to varying number of features and/or different limits.
By using Social Media Hammer, you acknowledge that all data (the CSV files produced by and or stored on our servers) obtained through the Service is your property and remains your intellectual property and in now way is the property or responsibility of Social Media Hammer Inc. All attribution of the contents of the CSV file belongs to you – the account owner. Social Media Hammer retains the right to scan stored content on its servers for illegal and or culturally insensitive, and or dangerous content (where the definition of culturally insensitive, and or dangerous content is at the sole discretion of Social Media Hammer. If illegal and or culturally insensitive, and or dangerous content is found, that content may be deleted without notice and the account containing that information may be closed without notice.
No Resale or Redistribution of Service
Except as expressly authorized by Social Media Hammer, you agree not to reproduce, duplicate, copy, sell, trade, resell, modify, create derivative works, or exploit for any commercial purposes, any portion of the Service use of the Service, or access to the Service or computer code that enables the Service.
By registering an account at Social Media Hammer (free or paid) you are giving us your permission to send email notifications to the email address that you have specified upon registration.
These email notifications may include: updates to Social Media Hammer’ toolset, tips & tutorials on using Social Media Hammer tools, promotional offers and system messages.
You are also given an option to subscribe to monthly updates from the Social Media Hammer blog, which is not obligatory for completing the registration process.
Please be advised that you can opt-out from any of these emails any time by using the “unsubscribe” link that is included at the bottom of each email that we send to you.
We may send emails via our own mailing service or via a third-party service such as MailChimp.
Social Media Hammer is not obligated to provide you a refund at any time. For your monthly subscription, you have 48 hours after the transaction to request for a refund, but please be advised that we reserve the right to decline that request should we see high activity on your account within this time. You acknowledge that before you became a paid user, you trialed our free service to the point of understanding the service sufficiently.
Cancellation of service
Social Media Hammer reserves the right of unilateral service cancellation under the following circumstances:
• Client breaks these Terms and Conditions;
• Client diverges from the normal usage patterns established by Social Media Hammer services;
• Client attempts to inflict damages on the reputation or normal work of Social Media Hammer;
• As respond to requests for customer service;
• Social Media Hammer receives abuse request concerning user actions from law enforcement agencies.
• Use of the Service to create harassing or negative actions against a third-party.
Cancellation of service by client implies that all the responsibilities about data, received by Social Media Hammer.com services, covered by these Terms and Conditions, are in effect.
Modifications to Service
We frequently change and improve our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. You can stop using our Services at any time. Social Media Hammer may also stop providing Services to you, or add or create new limits to our Services at any time.
Social Media Hammer users agree that Social Media Hammer shall not be liable, to you or to any third party, for any modification, suspension, or discontinuance of the service.
Blocking of IP Addresses
In order to protect the integrity of the Service, Social Media Hammer reserves the right at any time in its sole discretion to block Registrants and Members from certain IP addresses from accessing the Website. Avoid using VPNs or Proxy Servers to access the Service as these methods may be blocked without notice.
The Service may provide links to other Internet sites or resources. Because Social Media Hammer has no control over such sites or resources, users acknowledge and agree that Social Media Hammer is not responsible for the availability of such external sites or resources, does not endorse said sites/resources, and is not responsible, nor liable for any content, advertising, or other materials on or available from such sites or resources. Users further acknowledge and agree that Social Media Hammer shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or related in any way to use of or reliance on any such content, goods or services available on or through any such site or resource.
Liability for our Services
WHEN PERMITTED BY LAW, SOCIAL MEDIA HAMMER, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF SOCIAL MEDIA HAMMER, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, SOCIAL MEDIA HAMMER, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
The services and information are provided on an “as is” and “as available” basis without any warranty.
Contacting Social Media Hammer
Social Media Hammer may be contacted by email at info@SocialMediaHammer.com.
By contacting Social Media Hammer, the client grants Social Media Hammer a worldwide, non-exclusive perpetual right to any ideas, information, designs or other material contained in any communication, except when the client has obtained prior written agreement from Social Media Hammer.
The client agrees not to pass to Social Media Hammer any commercially sensitive information and data about their own operations.
The client accepts that information sent to Social Media Hammer will not under any circumstance be considered subject to any form of non-disclosure agreement, except when the client has obtained prior written consent from Social Media Hammer.
All parties take into consideration that email is not a secure, guaranteed medium of communication. Emails should only be regarded received by Social Media Hammer if the client receives a manually created response.
With the exception of the above points, all discussions over email are deemed to be of informal nature, and should only be taken as binding when indicated as such by Social Media Hammer.
Any suggestions, mention or reference of any alteration to past, present or future contractual terms by Social Media Hammer should be taken purely as speculative until such time that the client is in possession of written confirmation by Social Media Hammer.
About these Terms
We may change these terms or any additional terms that apply to a Service, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We will post notice of modifications to these terms on this page. Changes will not apply retroactively and will become effective no sooner than seven days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue use of Service.
These terms control the relationship between Social Media Hammer and you. They do not create any third-party beneficiary rights.
If you do not comply with these terms, and we do not take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in future).
If any of these Terms and Conditions are rendered invalid or void, the other Terms and Conditions will remain in fact.
The section titles in this TOS are for convenience only and have no legal or contractual effect.