Welcome to The Social Surge, we provide photo gallery widgets for the Instagram community who share their love for photography and artistic expression. With The Social Surge, you can create an embeddable widget with photos and videos uploaded to Instagram. These terms and conditions outline the rules and regulations for the use of The Social Surge Website.

The Social Surge is located at: Irvine, CA 92618

By accessing this website, you accept these terms and conditions in full. Do not continue to use the website if you do not accept all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of the state of California. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Your The Social Surge account

In order to create an Account on The Social Surge, you need an account on Instagram. We do not store the password to the account on Instagram. It is your responsibility for maintaining the security of your account on these services.

• You are fully responsible for all activities that occur under your Account.
• You can remove your Account from The Social Surge at any time, including all your widgets and comments posted to The Social Surge. You can do it on your account page.
• We can remove or block your account immediately, without prior notice or liability if you breach the Terms.

Your content in our Service

Widgets created in our Service contain photos and videos content (“Content”) uploaded to given Instagram account. You retain ownership of any intellectual property rights that you hold in that Content.

In addition to Content obtained from your Instagram account, all posted materials to The Social Surge Service, such as comments, post links also counts as Content.

When you create a widget or widget preview in our Service you give us a worldwide license to use, host, store, reproduce, modify, publish such Content.

You are solely responsible for the Content and any harm resulting from that Content.

The Content must not contain or install any viruses, worms, malware, or any other codes, tools that might abuse or stop the Service.

We can remove your Content from our Services without prior notice or liability if you breach the Terms or we find the Content to be spam, pornographic, violent, illegal, or any other inappropriate Content.

As The Social Surge asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by The Social Surge Service violates your copyright, you are encouraged to notify The Social Surge who will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. The Social Surge will terminate a visitor’s access to and use of The Social Surge website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of The Social Surge or others.

The Social Surge has not reviewed, and cannot review, all of the material, posted to The Social Surge website, and cannot therefore be responsible for that material’s content, use or effects. By operating The Social Surge website, The Social Surge does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Social Surge website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Social Surge website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. The Social Surge disclaims any responsibility for any harm resulting from the use by visitors of The Social Surge website, or from any downloading by those visitors of content there posted.

Copyright Infringement and DMCA Policy

As The Social Surge asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by The Social Surge violates your copyright, you are encouraged to notify The Social Surge who will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. The Social Surge will terminate a visitor’s access to and use of The Social Surge website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of The Social Surge or others.

Modifying and Terminating our Service

We are constantly changing and improving our Service. We may add or remove certain functionalities or features.

We may suspend or stop a Service altogether.

You can stop using our Service at any time. We may also stop providing the Service to you at any time, with or without cause, with or without notice, effective immediately.

If there are any questions regarding this privacy policy you may contact us using the information below.

Warranties and Disclaimers

The Social Surge provides the Service “as is”. We do not make any commitments about the Content within the Service, specific functionalities, reliability, availability.

We do make any warranty that our Service will be error-free or access to the Service will be uninterrupted.

You use the Service at your own discretion and risk. To the extent permitted by law, we exclude all warranties.

Limitation of Liability

When permitted by law, our Service and all our Service’s suppliers 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 The Social Surge, and its suppliers, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the Service.

In all cases, The Social Surge, and its suppliers will not be liable for any loss or damage that is not reasonably foreseeable.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

limit or exclude our or your liability for death or personal injury resulting from negligence;

limit or exclude our or your liability for fraud or fraudulent misrepresentation;

limit any of our or your liabilities in any way that is not permitted under applicable law; or exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer:

are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

If you have questions or concerns, please e-mail support@thesocialsurge.com