Terms of Use

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By viewing and using this website, you are agreeing to be bound by the following Terms of Use. If you do not agree to be bound by these terms, do not access or use any part of this Site.

Please review these Terms of Use thoroughly and in their entirety before registering, contributing content, or using this Site. These terms are subject to change at any point at THE CMO WHISPERER discretion.

Use of Site

THE CMO WHISPERER is designed for informational and entertainment purposes only. You are permitted to use this Site for personal and non-commercial purposes in accordance with these Terms of Use and all applicable laws. Some of the content is unmonitored and reflects personal opinions of the poster and THE CMO WHISPERER is not held liable for any offensive, harmful, or wrong doing. You agree that you will not reproduce, duplicate, copy, sell, trade, or resell materials or services for any purpose. THE CMO WHISPERER is protected under United States and International copyright laws. Any unauthorized use of the Site may violate copyright, trademark, or other laws.

Registration and Access Controls

You are responsible to ensure you have the needed technology, equipment, and services required in order to access THE CMO WHISPERER. You may make use of THE CMO WHISPERER without registration, but some assets of the Site require registration with login details and a password. You are required to keep your login details safe and secure, as you are fully responsible for any activities that take place under the use of your username and password. You agree to notify THE CMO WHISPERER immediately if you feel your login details are no longer secure. If THE CMO WHISPERER believes your login details have been compromised, THE CMO WHISPERER reserves the right to require you to reset your password in order to maintain access.

 Activities Prohibited on the Site

The following is a partial list of the types of conduct that are illegal or prohibited on THE CMO WHISPERER. THE CMO WHISPERER reserves the right to investigate and take appropriate legal action against anyone who, in THE CMO WHISPERER sole discretion, engages in any of the prohibited activities on the Site. Prohibited activities include, but are not limited to, the following:

Using THE CMO WHISPERER for any purpose in violation of local, state, national, or international laws;

  • Posting material that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
  • Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by THE CMO WHISPERER in its sole discretion or pursuant to local community standards. THE CMO WHISPERER takes no responsibility for monitoring such content or in evaluating it;
  • Posting advertisements or solicitations of business;
  • After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free–form);
  • Posting chain letters or pyramid schemes;
  • Impersonating another person;
  • Distributing viruses or other harmful computer code which is malicious or technologically harmful;
  • Harvesting or otherwise collecting information about others, including e–mail addresses, without their consent;
  • Allowing any other person or entity to use your identification for posting or viewing comments;
  • Posting the same note more than once or “spamming”;
  • Harassing, threatening, stalking, or abusing any person;
  • Attempting to gain unauthorized access to, interfere with, damage or disrupt any parts of THE CMO WHISPERER, the server on which THE CMO WHISPERER is stored, or any server, computer or database connected to THE CMO WHISPERER; or
  • Engaging in any other conduct that restricts or inhibits any other person from using or enjoying THE CMO WHISPERER, or which, in the sole discretion of THE CMO WHISPERER, exposes the Site or any of its customers or suppliers to any liability or detriment of any type.

Monitoring and Enforcement; Termination

THE CMO WHISPERER reserves the right, but is not obligated, to do any or all of the following:

  • Terminate a user’s access to THE CMO WHISPERER upon any breach of these Terms of Use (either directly or through breach of any other Terms of Use or operating rules applicable to you);
  • Record the dialogue or content posted on any pages of THE CMO WHISPERER;
  • Remove postings which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms of Use;
  • Investigate an allegation that anything posted on THE CMO WHISPERER does not conform to these Terms of Use and determine in its sole discretion to remove or request the removal of the posting;
  • Monitor, edit, or disclose any posting on THE CMO WHISPERER; and
  • Edit or delete any communications posted on THE CMO WHISPERER, regardless of whether such communications violate these standards; or
  • THE CMO WHISPERER may disclose user information including personal identity and other personal information to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

Without limiting the foregoing, THE CMO WHISPERER has the right to fully cooperate with any law enforcement authorities or court order requesting or directing THE CMO WHISPERER to disclose the identity or other information of anyone posting any materials on or through THE CMO WHISPERER or any Sites. YOU WAIVE, AND HOLD HARMLESS THE CMO WHISPERER FROM, ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE CMO WHISPERER DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY ANY OF THE SITE, LAW ENFORCEMENT AUTHORITIES OR OTHER THIRD PARTIES.

THE CMO WHISPERER does not undertake to review any materials before you have posted them on the site, and cannot ensure prompt removal of objectionable material after it has been posted. THE CMO WHISPERER assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. THE CMO WHISPERER has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

THE CMO WHISPERER has the right to terminate your account and access to the Site for any reason, including, without limitation, if THE CMO WHISPERER, in its sole discretion, considers your use to be unacceptable. THE CMO WHISPERER may, but shall be under no obligation to, provide you a warning prior to termination of your use of the site.

Disclaimers

THE CMO WHISPERER and the content are provided on an “as is” and “as available” basis. TO THE FULLEST EXTENT PERMITTED BY LAW, THE CMO WHISPERER, ITS LICENSORS, AFFILIATES AND SUPPLIERS, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON–INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. THE CMO WHISPERER makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Site. THE CMO WHISPERER cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. THE CMO WHISPERER cannot and does not guarantee or warrant that files available for downloading from THE CMO WHISPERER will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties. THE CMO WHISPERER cannot and does not guarantee or warrant that any content you post on THE CMO WHISPERER will remain on THE CMO WHISPERER. THE CMO WHISPERER does not warrant or guarantee that the functions or services performed on THE CMO WHISPERER will be uninterrupted or error–free or that defects in the Site will be corrected.

THE CMO WHISPERER may include content provided by third parties, including materials provided by other users, bloggers and third–party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by THE CMO WHISPERER, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of THE CMO WHISPERER. THE CMO WHISPERER is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Limitation of Liability

THE CMO WHISPERER’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH THE CMO WHISPERER IS TO DISCONTINUE YOUR USE OF THE SITE. THE CMO WHISPERER AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE CMO WHISPERER OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE CMO WHISPERER. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR HEALTH–RELATED ISSUES, LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF THE CMO WHISPERER HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. 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, THE CMO WHISPERER’S AND ITS VENDORS’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW AND IN NO EVENT MORE THAN $100.

User Content

Content posted by the user includes, but is not limited to, posting on THE CMO WHISPERER’s comment sections, social media pages, and User Profiles. You may not post or distribute content that is illegal or that violates these Terms of Use. All contributed content may contain your byline, a brief biography, and, in the case of material provided to THE CMO WHISPERER via RSS from your own blog, a link back to the original post in the footer of the full post.  By posting or distributing content to the User Profile, you represent and warrant that (a) you own all the rights to the content or are authorized to use and distribute the content to the User Profile and (b) the content does not and will not infringe any copyright or any other third–party right nor violate any applicable law or regulation.

By submitting or posting content to your User Profile, you grant THE CMO WHISPERER, its affiliates, subsidiaries, assigns, agents, and licensees the irrevocable, non-exclusive, perpetual, royalty-free, worldwide right to reproduce, modify, publish, edit, sell, display, archive, perform, translate, distribute, adapt, sublicense, and broadcast content in any medium. Once you submit or post content to the User Profile, you waive any moral rights you have in your User Content.

Any content that you submit or post to the User Profile will be considered non–confidential and non–proprietary. You may not post the following items: any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit, or otherwise objectionable subject matter. You are solely responsible for anything you may post on the User Profiles and the consequences thereof.

THE CMO WHISPERER is not responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the User Profiles.  By providing THE CMO WHISPERER with “User Content”, you agree to the following conditions of use.

  • Your User Content is created exclusively by you and you have full knowledge of being within the copyright, trademark, or other intellectual property rights laws.
  • You agree to give THE CMO WHISPERER a perpetual, non-exclusive copyright to the User Content.
  • You are at least 18 years old and are the individual pictured within your Bio.
  • You are responsible for the originality and accuracy of your User Content.
  • Your User Content is not known by you to be false, inaccurate, or misleading.
  • Your User Content does not promote illegal activity.
  • Your User Content does not harass, bully, unlawfully threaten, sexual, disparage or use racially offensive languages or images.
  • Your User Content does not contain commercial advertising.
  • Your user Content does not personally attack an author of a post.
  • Your User Content does not contain potentially damaging programs or files such as any, worms, adware, viruses, spyware, or others.
  • You agree to give THE CMO WHISPERER the right to edit post headlines for clarity or search engine optimization and edit content to correct spelling and/or grammar.
  • You agree to give THE CMO WHISPERER the right to display advertisement around User Content.
  • You agree to give THE CMO WHISPERER the right to display summary versions of User Content with a link back to the original post.
  • You agree to give THE CMO WHISPERER the right to remove any shared links or advertising accompanying contributed posts.
  • You agree to give THE CMO WHISPERER the right to syndicate all contributed content in summary form via RSS to third parties.
  • You are responsible for your own content of all information contribute, link to, or otherwise upload to THE CMO WHISPERER. If content is found unlawful by a third party, you will have the full responsibility of establishing that the materials complies with all local, state, national, or international applicable laws.
  • You agree to give THE CMO WHISPERER the right to change fonts and styles, images alignments, and layout to ensure that posts comply with THE CMO WHISPERER site styling.
  • You release THE CMO WHISPERER and its sponsors of the site from any claims and/ or liability related to your use of THE CMO WHISPERER.
  • You agree to give THE CMO WHISPERER the right to refuse to publish content at THE CMO WHISPERER’s discretion.
  • If you knowingly submit plagiarized work you will be banned from the site.

Visitors

THE CMO WHISPERER has the right to remove postings and block any visitor that uses foul language that is offensive to others.  THE CMO WHISPERER has the right to determine what inappropriate behavior is.

Modifications to the Service

THE CMO WHISPERER reserves the right to update, expand, or terminate its Site at any time with or without notice.

Links to third-party websites

If THE CMO WHISPERER contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. THE CMO WHISPERER has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to THE CMO WHISPERER, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

THE CMO WHISPERER may disable all or any social media features and any links at any time without notice in our discretion.

Trademarks

Social Media Headquarters® and Social Media HQ® are registered Trademarks owned by Social Media Headquarters, LLC.  The Trademarks may not be used, altered, copied, or imitated without the express written permission of Social Media Headquarters, LLC. Additionally, you may not use Social Media Headquarters and Social Media HQ Trademarks within metatags or other “hidden text” without the company’s prior written consent. The design of SocialMediaHQ.com website is also protected by the aforementioned Trademarks and is not to be imitated, copied, or used in whole or in part without the express written consent of Social Media Headquarters, LLC.

Copyright Policy

 THE CMO WHISPERER respects intellectual property rights and copyrights of others. THE CMO WHISPERER is not required to, and does not scan for impermissible content. THE CMO WHISPERER does not allow copyrighted content to remain on the site and users posting such content will be banned from THE CMO WHISPERER. If you feel your copyrighted work or other intellectual property been published on THE CMO WHISPERER without your consent, please contact THE CMO WHISPERER at legal@socialmediahq.com with the following information:

  • The name, postal address, telephone number, email address, and physical or electronic signature of the copyright holder or complaining party.
  • Identification of the copyrighted work or a list of such intellectual property works believed to be infringed.
  • The rightful location of such copyrighted works.
  • Identification of the infringing materials and instructions to locate them on THE CMO WHISPERER. (preferably links to the works in question)
  • A statement that the copyright holder or complaining party has a good faith belief that the content is used in a manner not authorized by the copyright or intellectual property owner, its agent, or the law.
  • A signed statement that the notice is accurate and, under penalty of perjury, that the complaining party is authorized to act on the behalf of the owner.

 Indemnification

You agree to indemnify, defend, and hold THE CMO WHISPERER, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use or your use of THE CMO WHISPERER, including, but not limited to, any content that you may post, any use of THE CMO WHISPERER’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from THE CMO WHISPERER.

Modifications to Terms of Use

THE CMO WHISPERER reserves the right to update these Terms of Use at any time and will post notice of such changes on the Site. Your continued use of THE CMO WHISPERER indicates your complete agreement to be bound by these terms.

Effective Date

 These Terms of Use were last updated December 11, 2018.

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