Last Updated: 9.20.2009

Introduction

The following constitutes the entire agreement between you and Socialtide.org ("SOCIALTIDE"), and sets forth the Terms of Service under which you may promote the Socialtide program and under which you are granted a non-exclusive license to use and operate the Socialtide Community software ("THE SOFTWARE").

By enrolling as a member, downloading, accessing, or otherwise using THE SOFTWARE, you agree to these Terms of Service and to the conditions contained in both our Privacy Policy and our Anti-Spam Policy. If you do not agree to these terms, you may not use, operate, or distribute THE SOFTWARE in any way, nor may you participate in any Referral Activity or activities SOCIALTIDE may offer. Since SOCIALTIDE may find it necessary to update our policies as we grow and expand, we reserve the right, at any time, to modify, alter, or update these Terms of Service without notice and without liability. Your continued participation in the Socialtide program or use of THE SOFTWARE or any SOCIALTIDE services following the posting of changes to these terms (including the Privacy Policy and Abuse Policy) will mean you accept such modifications.

1. Nature of Services

SOCIALTIDE and the Socialtide.org web site are the sole property of The Socialtide Foundation, a private non-profit foundation located in the Rebublic of Panama whose mission is to provide relief for it's members from the unscrupulous practices of various established institutions such as fractional reserve banking, global energy cartels, organized religion, politics and so on. In doing such SOCIALTIDE operates and administrates the Socialtide.org domain as a means for any person to begin the process of building a self-sufficient lifestyle free of monetary, religious and political oppresion, and energy dependence within a multi-tiered social network environment. SOCIALTIDE does not participate in the referral program and acts only as an administrator, providing THE SOFTWARE to allow tracking, lend structure, and facilitate the processing of sales based commissions.

2. End User License

Your non-exclusive license to use THE SOFTWARE is based on participation as a member in the Socialtide program provided by SOCIALTIDE and is granted in exchange for your adherence to these Terms of Service for the duration of your participation in said program.

3. Functions of THE SOFTWARE

The purpose of THE SOFTWARE is to provide you with an online community environment used to communicate, share content, and socially network with other users of THE SOFTWARE. SOCIALTIDE retains all rights to our version of THE SOFTWARE without limitation.

4. Refunds

The nature of any purchases made are for subscription to content located within THE SOFTWARE and are fully commissionable. Commissions are paid electronically from member to member through a third party payment processor and thereby cannot be refunded. Once your subscription is paid, all sales are final.

5. Referral Activity

The purpose of the built-in Referral Activity is to allow you to build a network ("hereafter referred to as TREE") of other concerned individuals who are interested in participating in the SOCIALTIDE program.

SOCIALTIDE makes certain "Promotional Materials" available to you for the promotion of the Socialtide program, which are accessible through your online account manager. Such materials may include banners, buttons, text links, email copy, signature files, etc. and may be updated by SOCIALTIDE from time to time. You are authorized to use any of the then current promotional materials made available in this manner, and are responsible for maintaining current materials in your promotions. Promotion is restricted to the use of these materials ONLY. Members using un-approved Promotional Materials will be subject to removal from the program and loss of any existing personally referred members. New promotional materials may be submitted to us by members and once approved will be added to the Promotional Area.

As a member you hereby AGREE to receive email from any TREE as part of the system. Therefore, any member who reports SPAM from an email received from SOCIALTIDE, or any TREE in the community will be fined/and or terminated from the program without recourse.

You may not promote your affiliation with SOCIALTIDE or THE SOFTWARE through the sending of "spam" or "bulk email" under any circumstances. Furthermore, you may not make postings of an advertising nature to any Internet newsgroup, forum, chat room, or other public community, unless that community expressly accepts the posting of such information (almost all do not). Additionally, any commissions generated as a result of spamming will not be remitted.

Under no circumstances may you at any time promote any other money making opportunity to any member of your TREE in the SOCIALTIDE program, via email, telephone or any other means. Violation of this policy is grounds for IMMEDIATE termination from the program and forfeiture of all existing commissions without recourse. Termination is permanent and irrevocable, and no re-entry into the program will be allowed.

Furthermore, advertising of any nature whatsoever is strictly prohibited. This includes, but is not limited to, links to sales oriented websites, money making opportunities, creating groups or events related to money making activities, posting links or banners on site, or in forums, comments, profiles, blog posts, or any other area viewable by logged in users.

You may only create one membership. You may not create multiple memberships for yourself and you may not create memberships for anyone else. Any member creating multiple accounts will have their membership cancelled.

6. Administration Fees

SOCIALTIDE receives no fees for this service.

7. Copyright

All content and information included on SOCIALTIDE, such as text, graphics, logos, button icons, images, audio clips, and software (collectively, the "Content"), and the arrangement thereof, is the property of SOCIALTIDE or its content suppliers and protected by international copyright laws. Unless otherwise noted on SOCIALTIDE, you are authorized to view, download, cache, copy and print the Content solely for your personal use and not for resale or further distribution, subject to the following conditions:

Graphics and other promotional material designed by SOCIALTIDE specifically for your use on your own web pages are exempt from these restrictions and may be placed on your web pages via the HTML codes SOCIALTIDE provides you for doing so, but may not be altered in any way.

All Content submitted by members of SOCIALTIDE remain the sole property of the submitter and no rights are transferred to SOCIALTIDE or to any other member in any way.

Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content is strictly prohibited.

8. Trademarks

All trademarks, service marks, and trade names (collectively, "Trademarks") are proprietary to SOCIALTIDE or other respective owners that have granted SOCIALTIDE the right and license to use such Trademarks.

9. Other Intellectual Property

Portions of the architecture and infrastructure of THE SOFTWARE are proprietary to and trade secrets of SOCIALTIDE. You agree not to attempt to decompile, reverse engineer, disassemble, or otherwise reduce THE SOFTWARE to a human perceivable form. Furthermore, YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT, DISTRIBUTE OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF FOR ANY REASON WHATSOEVER.

10. Disclaimer

THE CONTENT AND ANY OTHER INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, SOCIALTIDE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. FURTHER, SOCIALTIDE EXPLICITLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, OR AVAILABILITY OF INFORMATION FOUND ON SITES THAT LINK TO OR FROM SOCIALTIDE FROM THIRD PARTIES NOT ASSOCIATED WITH SOCIALTIDE

SOCIALTIDE DOES NOT WARRANT THAT YOUR USE OF THIS SITE, OR THE OPERATION OR FUNCTION OF THIS SITE, ANY COMPONENT THEREOF, OR ANY SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; INCLUDING BUT NOT LIMITED TO ERRORS IN TRANSMISSION.

11. Termination

This agreement shall remain effective until terminated by either party.

You acknowledge and agree that SOCIALTIDE reserves the right to remove your account at any time, without notice, for a violation of these guidelines or for any other reason deemed to infringe on the rights of other members, or to protect the integrity of the Socialtide program or reputation of the Foundation, at the sole discretion of SOCIALTIDE said removal will result in loss of all commissions without recourse.

Publishing or making false, erroneous, or misleading statements or negative comments about THE SOFTWARE or SOCIALTIDE will result in termination of your account and loss of commissions accrued.

12. Passwords

Certain areas of SOCIALTIDE are password restricted to authorized users ("Restricted Areas"). If you have registered as an authorized user to gain access to the Restricted Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify SOCIALTIDE if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities which occur under your account, whether or not you are the individual who undertakes such activities. You agree to immediately notify SOCIALTIDE of any unauthorized use of your account or any other breach of security in relation to your password or SOCIALTIDE which is known to you.

13. Advice Received from SOCIALTIDE

Any advice, formula, instruction, or any suggestion you receive via SOCIALTIDE is for informational purposes only and you agree that you are entirely responsible for evaluating the usefulness or safety of any such information.

14. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL SOCIALTIDE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, COMPENSATORY, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF SOCIALTIDE OR A SOCIALTIDE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL SOCIALTIDE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT(S) DURING THE PERIOD IN QUESTION.

15. Intended Audience

SOCIALTIDE controls and operates SOCIALTIDE from its headquarters in Panama. If you use SOCIALTIDE from outside Panama, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Content.

16. Third Party Services

Certain services available for your use on SOCIALTIDE may be provided by third parties. Your use of such services will be subject to the Terms of Service and privacy policies provided by the applicable third party service providers, and SOCIALTIDE will have no liability with regard to your use of such services.

17.External Sites

This site contains links to other sites on the Internet that are owned and operated by third party vendors and other third parties ("External Sites"). You acknowledge that SOCIALTIDE is not responsible for the availability of, or the content located on or through, any External Sites and such links to External Sites do not constitute an endorsement by SOCIALTIDE of those sites. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

18. Liability

SOCIALTIDE will not be liable for indirect or accidental damages (loss of revenue, commissions) due to referral tracking failures, loss of database files, and any results of "intents of harm" to the program or our web site. We do not make any expressed or implied warranties with respect to the Referral Activity and/or products sold at this site. We make no claim that the operation of the Referral Activity and our web site will be error-free and we will not be liable for any interruptions or errors.

19. Referral Tracking

When a prospect clicks through your referral link, a cookie is set in their browser that contains your username. Also, their IP address is tracked in the database along with your username. When this person decides to buy a product, THE SOFTWARE will look for this cookie and/or try to match their IP address to identify the member who will be awarded the commission. Visitors sent through your referral link may make a purchase later in time and the commission will still be awarded if the cookie is present in their browser and/or they are using the same IP address as the one logged in the database.

20. Requirements

You must be of legal working age in your governing jurisdiction and conform to all laws that apply within your state. There is no product purchase required to become a Member and receive commissions in the Referral Activity (subject to specific limitations).

21. General

SOCIALTIDE does not generally monitor your data or transmissions. However, in SOCIALTIDE's efforts to promote good citizenship within the Internet community, if SOCIALTIDE becomes aware of inappropriate use of SOCIALTIDE or any SOCIALTIDE product or service available now or in the future, SOCIALTIDE will respond accordingly.

You assume full responsibility for the legal and responsible promotion of the Socialtide program and the use of THE SOFTWARE and undertake to indemnify SOCIALTIDE from any claims that may arise by your use thereof.

If you violate these Terms, SOCIALTIDE reserves the right to terminate service to you without notice. SOCIALTIDE's preferred course of action is to advise you of your inappropriate behavior and recommend any necessary corrective action. However, flagrant violations of these Terms, as determined by SOCIALTIDE in its sole discretion, will result in immediate termination of service. In the event that your account is temporarily suspended as a result of any prohibited activities, the account may be subject to reactivation charges and/or deposit requirements to be determined by SOCIALTIDE You understand that SOCIALTIDE has the right to terminate any account for any reason that SOCIALTIDE interprets as an abuse of the account.

You agree that SOCIALTIDE and its licensors may improve, change, and/or discontinue any of its guarantees, products, services, programs, and prices described in SOCIALTIDE, if any, at any time without notice and without liability to you of any kind, and further agree that SOCIALTIDE can revise these Terms at any time without notice by updating this posting. You agree that your continued use of SOCIALTIDE after such modifications have been made constitutes your acceptance of such revised Terms.

Notices under and appertaining to this agreement from SOCIALTIDE may be sent by SOCIALTIDE to the last email address of any intended recipient.

Notices under and appertaining to this agreement from licensees must be sent by registered mail to the offices of SOCIALTIDE.

Any action related to these Terms will be governed by Panamanian Law, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in Panama City, Republic of Panama, for the resolution of all disputes arising from or related to these Terms and/or your use of SOCIALTIDE

If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of SOCIALTIDE to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by SOCIALTIDE in writing. The Terms comprise the entire agreement between you and SOCIALTIDE and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.

All other rights not specifically granted in this agreement and End User License are reserved by SOCIALTIDE.

22. Clarification

If you have any further questions you may contact us directly at compliance@socialtide.org.