By accessing The Social Media Hat online on www.TheSocialMediaHat.com ("the Site") or by otherwise accessing any content found on this web site, you are entering into an agreement with The Social Media Hat and agree to the terms that follow. The Site is owned and operated by The Social Media Hat.
The contents and design of the Site, any Digital Application and any material e-mailed to you or otherwise supplied to you in conjunction with the Site and/or a Digital Application (such contents, design and materials being collectively referred to as the "The Social Media Hat Content"), is copyright of The Social Media Hat and its licensors. You may not use or reproduce or allow anyone to use or reproduce any trade marks (such as "The Social Media Hat" name and logo or other trade names appearing on the Site) for any reason without written permission from The Social Media Hat. The software that operates the Site and all Digital Applications is proprietary software and you may not use it except as expressly allowed under these Terms. You may not copy, reverse engineer, modify or otherwise deal with the software.
Use of The Social Media Hat Content
All The Social Media Hat content is strictly for personal, non-commercial use only.
You may retrieve and display The Social Media Hat Content from Site on a computer screen or mobile device, print individual pages on paper (but not photocopy them) and store such pages in electronic form on your computer or mobile device for your personal, non-commercial use. You may use Digital Applications only on devices for which they were intended, for your personal, non-commercial use and on no more than five separate devices. Except as expressly permitted above, you may not reproduce, modify or in any way commercially exploit any The Social Media Hat Content. In particular, but without limiting the general application of the restrictions in the previous sentence, you may not do any of the following without prior written permission from The Social Media Hat:
- reproduce or store in or transmit to any other website, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of The Social Media Hat Content; or
- modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of The Social Media Hat Content (including as part of any library, archive or similar service) without the prior written consent of The Economist; or
- remove the copyright or trade mark notice from any copies of The Social Media Hat Content made under these Terms.
Any use of The Social Media Hat Content not specifically permitted above is expressly prohibited. Requests for permission for other uses may be submitted using our Customer Service contact form, and may be subject to a fee.
You are responsible for all content you post.
The Site and Digital Applications may include comments capability, bulletin boards, discussion groups and other public areas or features that allow feedback to The Social Media Hat and interaction between users and The Social Media Hat representatives ("Forums"). While The Social Media Hat does not control the information/materials posted to Forums by users (the "Messages"), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the Messages and to terminate your access to and use of the Forums.
You are solely responsible for the content of your Messages. You must comply with any rules posted by The Social Media Hat on a Forum. You may not:
- Post, link to or otherwise publish any Messages containing material that is obscene, racist, homophobic or sexist or that contains any form of hate speech;
- Post, link to or otherwise publish any Messages that infringe copyright;
- Post, link to or otherwise publish any Messages that are illegal, libellous, defamatory or may prejudice ongoing legal proceedings or breach a court injunction or other order;
- Post, link to or otherwise publish any Messages that are abusive, threatening or make any form of personal attack on another user or an employee of The Social Media Hat;
- Post Messages in any language other than English;
- Post the same Message, or a very similar Message, repeatedly;
- Post or otherwise publish any Messages unrelated to the Forum or the Forum's topic;
- Post, link to or otherwise publish any Messages containing any form of advertising or promotion for goods and services or any chain Messages or "spam";
- Post, link to or otherwise publish any Messages with recommendations to buy or refrain from buying a particular security or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any security;
- Disguise the origin of any Messages;
- Impersonate any person or entity (including The Social Media Hat employees or Forum guests or hosts) or misrepresent any affiliation with any person or entity;
- Post or transmit any Messages that contain software viruses, files or code designed to interrupt, destroy or limit the functionality of the Site or any computer software or equipment, or any other harmful component;
- Collect or store other users' personal data; and/or
- Restrict or inhibit any other user from using the Forums.
By submitting Messages to any Forum you agree to indemnify and hold harmless The Social Media Hat from all claims, costs and expenses (including legal expenses) arising out of any Messages posted or published by you that are in breach of this section.
The Social Media Hat has no control over individuals posting Messages on any Forum. The Social Media Hat cannot guarantee the accuracy, integrity or quality of any Messages. Some users may breach these terms and post Messages that are misleading, untrue or offensive. You must bear all risk associated with your use of the Forum and should not rely on Messages when you make (or refrain from making) any specific investment or other decision.
By submitting a Message to a Forum you are granting The Social Media Hat a perpetual, irrevocable, royalty free non-exclusive licence to reproduce, modify, translate, make available, distribute and sub-license the Message in whole or in part, and in any form. This may include personal information such as your user or pen name and your expressions of opinion. The Social Media Hat reserves the right to contact you by e-mail about your use of the Forums. You waive any moral rights that you may have in regard to the Messages you submit.
It is not possible for The Social Media Hat to fully and effectively monitor Messages infringement of third-party rights. If you believe that any content infringes your legal rights, you should notify The Social Media Hat immediately.
Liability and Indemnity
The Social Media Hat Content and services are provided ‘as is'. You indemnify us.
Although we endeavour to ensure the high quality and accuracy of the Site and Digital Applications, The Social Media Hat makes no warranty, express or implied concerning The Social Media Hat Content, any Digital Application, the Site or any software that are made available through the Site (the " Services"), which are provided "as is". The Social Media Hat expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will The Social Media Hat, its affiliates, agents, suppliers or licensors be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) that may arise directly or indirectly from the use of (or failure to use) or reliance on the Services, even if The Social Media Hat has been advised of the possibility that such damages may arise. The Social Media Hat does not guarantee the accuracy, content, or timeliness of the Services or that they are free from viruses or other contaminating or destructive properties.
In no event will any liability of The Social Media Hat or its affiliates, agents, suppliers and licensors to you (and/or any third party) that may arise out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Services or in breach of these Terms by The Social Media Hat exceed the amount, if any, paid by you to The Social Media Hat for the particular Service to which the claim relates.
Upon The Social Media Hat's request, you agree to defend, indemnify and hold harmless The Social Media Hat, its affiliates, agents, suppliers and licensors from any claims and expenses, including reasonable legal fees, related to any breach of these Terms by you or your use of any Services.
The Social Media Hat will not be held responsible for circumstances beyond its control.
The Social Media Hat, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of The Social Media Hat Content that may result directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.