Terms of use
Last Updated: October 1, 2015

Thanks for using LaunchPop (a Social Gear, LLC. company)! These terms of service govern your access to and use of Social Gear websites and services, so please read everything carefully. This page explains the terms by which you may use our website, www.social-gear.com (“Sites”) and any other mobile or web services or applications owned, controlled, or offered by LaunchPop, including but not limited to the LaunchPop.co service. By accessing or using the Sites services you signify that you have read, understood, and agree to be bound by these Terms of Service and the associated Privacy Policy (collectively the “Terms” or the “Agreement”).


Terms

These Terms of Service are a contract between you and Social Gear, LLC., a California Corporation. Social Gear operates www.social-gear.com and launchpop.co (“Social Gear Sites”). By accessing these web sites, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

Use License

Social Gear, LLC. hereby grants you a non-exclusive, non-transferable, worldwide right to access and use the Social Gear Sites and the LaucnhPop list, solely within the period of an active paid subscription for your own internal purposes, subject to the Terms of Service. You may not permit the Social Gear Site and LaunchPop list to be used by or for the benefit of unauthorized third parties. Nothing in the Terms of Service shall be construed to grant you any right to transfer or assign rights to access or use the Social Gear Sites and products. All rights not expressly granted to you are reserved by Social Gear and its licensors. You shall not (i) modify or make derivative works based upon the Social Gear Sites or products; (ii) reverse engineer or access the Social Gear Sites and products in order to (a) build a competitive product or service, (b) build a product using similar features, functions or graphics of the Social Gear Site or products, or (c) copy any features, functions or graphics of the Social Gear Sites and products. You further acknowledge and agree that, as between the parties, Social Gear, LLC. owns all right, title, and interest in and to the Social Gear Sites, including all intellectual property rights therein.

Disclaimer

The materials, products and services on Social Gear, LLC.'s web sites are provided "as is". Social Gear, Inc. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Social Gear, LLC. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

Limitations

In no event shall Social Gear, LLC. or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Social Gear, LLC.'s Internet site, even if Social Gear, LLC. or a Social Gear, InLLCc. authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Revisions and Errata

The materials appearing on and originating from Social Gear, LLC.'s and it's web sites could include technical, typographical, or photographic errors. Social Gear, LLC. does not warrant that any of the materials on its web sites are accurate, complete, or current. Social Gear, LLC. may make changes to the materials contained on its web site at any time without notice. Social Gear, LLC. does not, however, make any commitment to update the materials.

Indemnity

You agree to defend, hold harmless and indemnify Social Gear from and against any and all losses, costs, expenses, damages or other liabilities incurred by Social Gear arising from or related to any cause of action, claim, suit, proceeding, demand or action brought by a third party against Social Gear: (a) in connection with your use of the Sites including any payment obligations incurred through use of the Site; or (b) resulting from: (i) your use of the Site; (ii) your decision to supply profile or payment information via the Sites, including personal financial information; (iii) your decision to submit applications; (iv) any breach of contract or other claims made by Members with which you conducted business through the Site; (v) your breach of any provision of this Agreement; (vi) any liability arising from the tax treatment of payments or any portion thereof; (vii) any negligent or intentional wrongdoing by any Member with which you conducted business through the Sites; (viii) any act or omission of yours with respect to the payment of fees to any Contractor; (ix) your dispute of or failure to pay any invoice or any other payment; or (x) your obligations to a Contractor. Any such indemnification shall be conditioned on our: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. We shall be entitled to participate in such defense through our own counsel at our own cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.

Sites Terms of Use Modifications

Social Gear, LLC. may revise these terms of use for its web site at any time without notice. By using this web site, it's products and services, you are agreeing to be be bound by the then current version of these Terms and Conditions of Use.

Governing Law

Any claim relating to Social Gear, LLC.'s web sites shall be governed by the laws of the State of California without regard to its conflict of law provisions.

Data terms of use

You agree not to reproduce, duplicate, copy, sell, or resell any of the data made available to you (the "Product") through any Social Gear, LLC. service, including LaunchPop. The Product shall be used for your internal business purposes only, and you shall not use the Products or any software for the benefit of a third party, including reselling or giving away the data.

List Terms

Any use of the LaunchPop List, including use of the List through a third-party product that accesses the Social Gear Service, is bound by these Terms of Service plus the following specific terms:

  • You expressly understand and agree that Social Gear shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from your use of the List or third-party products that access data via the List.
  • Abuse of the LaunchPop List may result in the temporary or permanent suspension of your account’s access to the List. Social Gear, in its sole discretion, will determine abuse of the List. Social Gear will make a reasonable attempt via email to warn the account owner prior to suspension.
  • Social Gear reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the List (or any part thereof) with or without notice.
Fraudulent Activity

Use of the Social Gear service, including but not limited to any applications that use the Social Gear service or LaunchPop List, prohibits using the service for fraudulent account creation or other malicious purposes, including but not limited to creating and distributing spam emails, spam tweets, or other “spammy” electronic communication. Social Gear reserves the right to filter and or block such activity, and if necessary, to remove any account that has engaged in these and similarly malicious activities.


Cancelation Policy
Last Updated: June 11, 2015

We're sorry to see clients go, but we understand that situations beyond our control may require you to cancel your subscription. You may cancel within three days after the renewal date of your subscription and, upon request, receive a full refund for the latest renewal charge. Cancellations do not void previous contracts, and thus, cancelled accounts are not eligible for a refund for the time that an account was active. However, you may cancel within three days after the renewal date of your subscription and, upon request, receive a full refund for the most recent renewal charge. If you cancel your subscription but are not eligible for a refund, you will retain access to your account until your subscription expires at the end of your current cycle. You will be able to use the remaining days until your subscription expires.

Cancellations must be made by contacting support. If you are contacting cancel support, a reply will be sent confirming your cancellation. Your cancellation must be received by end of business (5:00 p.m. Pacific Time) on the appropriate day as described above. All refunds will be posted to the original credit card on which the purchase was made. Please allow 7 days for a refund to appear on your credit card statement.

Every subscription purchases a set number of days per month. These days are non-transferable and do not roll over as they hold workforce capacity in the given month. Days must be used within the period that the subscription covers. Additional days over the subscription amount will be billed at a $15 per day rate at the subscription end. 


Privacy Policy
Last Updated: June 11, 2015

Your privacy is important to us. Accordingly, we have developed this policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

  • Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
  • We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
  • We will only retain personal information as long as necessary for the fulfillment of those purposes.
  • We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
  • Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
  • We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
  • We will make readily available to customers information about our policies and practices relating to the management of personal information.
  • Like many other web sites, we may collect information regarding customer traffic patterns and site usage by using cookies, web beacons and related technologies.

  • We use the information gathered from cookies, web beacons and related technologies to analyze and understand how the Web Site is used and to enhance your visits to the Web Site. For example, we may use cookies and related technologies to: (i) customize account pages for you, (ii) track user visits and account features, (iii) determine what features and pages are most frequently requested or visited, and (iv) save your password so you do not have to provide it each time you visit the Web Site.

  • "Cookies" are small text files that a web site sends to a user's hard drive through the browser for data storage. Most browsers accept cookies automatically but allow you to disable them. By disabling or otherwise rejecting cookies, you may not be able to take full advantage of all offerings on this Web Site. We recommend that you leave cookies "turned on" so that we can offer you a better experience on this Web Site.

  • We use third-party service providers to provide Internet data hosting and to help us measure and determine how visitors use our Web Site and the effectiveness of our Web Site and promotions. Use of these third-party technologies help us improve and optimize our Web Site, the products and services we offer, and to provide you with advertising based on your interests and browsing of our Web Site (remarketing). Those third parties may place web beacons or pixel tags on certain pages of our Web Site or use cookies in order to facilitate collection of non-personally identifiable information regarding your use of the Web Site each time you visit the Web Site.

  • We use third-party audience data (such as age, gender, and interests) to better understand and advertise to audiences that visit our Web Site. We do not use or associate personally identifiable information with remarketing lists, cookies, data feeds, or other anonymous identifiers.

  • If you wish to not have this information used for the purpose of serving you targeted ads, you may opt-out by clicking here. Please note this does not opt you out of being served advertising. You will continue to receive generic ads.

  • In addition, some of our e-mail communications to you may include a "click-through URL" linked to a particular page on the Web Site. By clicking on one of these URLs, you will automatically enter our Web Site and we may collect information related to the "click-through." You may avoid having this information collected by not clicking on URL links in our e-mail communications.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.


CONTACTING US

If you have any questions or concerns about our Services or these Terms, you may contact us at:

LaunchPop
9100 Wilshire Blvd. Suite #515E
Beverly Hills, CA 90212
info@launchpop.co