30-Day Money-Back Guarantee

Terms of service

Last Revised: April 11, 2023

My Social Book ("My Social Book") provides a print-on-demand service that allows customers to turn a Facebook Timeline (as such is defined by Facebook) and other social network content (e.g. Instagram) into a printed book or other printed product ("Book"). The services offered by My Social Book ("Us" or "We") include the My Social Book personal print-on-demand services, the My Social Book website located at: https://www.mysocialbook.com (the "Website"), and any other features, content, or services offered by My Social Book on or in connection with the Website (collectively referred to as the "Services").

You are deemed to accept these terms and conditions ("Terms") by any of the following: (a) selecting "I Agree" to these Terms; (b) completing the registration process; (c) using the Website in any way; or (d) browsing the Website; and thereby enter into a legal and binding agreement with My Social Book.

We strongly recommend that prior to using the Services you carefully read through these Terms and any linked documents, including the Privacy Policy.

In these Terms all references to "you" and/or "your" and/or the "User" shall refer to the party using the Services or the Website, thereby entering into an agreement with My Social Book subject to these Terms.

1. Eligibility.
By using the Services, you represent and warrant that: (a) you have and login to the Website with an active Facebook or other social media account and you comply with all the applicable terms and conditions for holding and maintaining such an account; (b) all required registration information you submit is truthful and accurate; (c) you will maintain the accuracy of such information; you are fully able and competent to enter into a binding agreement with My Social Book; (e) you are authorized to enter into these Terms on behalf of yourself and/or the entity that you purport to represent; and (f) your use of the Services does not violate any applicable law or regulation.

My Social Book reserves the right to delete your My Social Book Account (the "Account") if we believe that any of the above representations are not true.

2. Registration.
2.1. In order to use the Services you need to create and register an account (your "Account") using your Facebook login information. Upon successful creation of your Account, you will be considered a "Member". Your Account will be associated with the email provided from your Facebook account.

2.2. You are solely responsible for any and all activities that occur under your Account.

2.3. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security related to your Account or the Website.

3. Ordering Books.
3.1. As a Member, you may order a Book through the Website as made available by My Social Book from time to time (an "Order").

3.2. When placing an order You represent that

i. You possess all the rights and licenses required to order such Book;

ii. the Books ordered are for personal use only;

iii. You shall not resell the Books.

3.3. Each Book or product will be designed according to your input to the options and instructions made available to you on the Website at the time of the Order.

3.4. For each Order, price and delivery costs shall apply, as presented on the Website at the time of the Order. Notwithstanding, you may be responsible for additional fees that are not billed by My Social Book such as customs and import fees, your bank fees, etc.

4. Order Acceptance Policy.
4.1. Your Order will be considered accepted upon your receipt of an order confirmation (an "Order Confirmation") to the email associated with your Account or provided during the Order.

4.2. Upon receipt of an Order Confirmation, your Order will be considered final and may not be canceled, terminated, or altered by you, unless such Order is covered by a special feature such as our “Satisfied” or “Refund Guarantee”.

4.3. Notwithstanding the Order Confirmation, My Social Book reserves the right at any time after receipt of your Order to accept or decline your Order for any reason. My Social Book further reserves the right any time after receipt of your Order, without prior notice to you, to supply less than the quantity you ordered of any item. If this happens, we will refund the cost difference.

4.4. We may require additional verifications or information before accepting any order.

5. Fees.
You acknowledge that in addition to the price and delivery costs associated with each Order, you may be responsible for the payment of applicable third-party fees, customs, and taxes.

6. Conditions of Sale.
6.1. Eligibility; Credit Card Terms. To order any Books or other products, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction. You may pay for your Order using the following payment methods (each, a "Payment Method "): (i) by bank card (e.g. CB, VISA, Eurocard, and MasterCard); (ii) through PayPal’s secured payment services; or (iii) by credit card that is processed through the "Secure Socket Layer" security system, which allows your account information to be encrypted during its transmission across the network.

6.2. You will be required to give us a valid Payment Method and associated payment information at the time you order Books or any other products or Services hereunder, including all of the following: (i) your name as it appears on the Payment Method, (ii) the Payment Method type, (iii) the date of expiration of your Payment Method, if applicable, (iv) billing address, and (v) any activation numbers or codes needed to charge your Payment Method. Your Payment Method issuer agreement governs your use of your designated Payment Method, and you must refer to that agreement and not these Terms to determine your rights and liabilities vis-à-vis your Payment Method. You agree that no additional notice or consent is required before My Social Book invoices the Payment Method for all amounts due and payable. By providing My Social Book with your Payment Method and associated payment information, you agree that My Social Book is authorized to immediately invoice your account for all fees and charges due and payable to My Social Book as a result of your purchase of any Books or other products and Services. You agree to immediately notify My Social Book of any change in your billing address or the Payment Method used for payment hereunder. My Social Book reserves the right to change its prices and billing methods for Books and other products or Services sold at any time by posting on the Website or by notifying you through an e-mail.

6.3. Fees and Charges. You agree to pay all fees and charges incurred in connection with your Orders (including any taxes imposed on your Orders, including, but not limited to, sales, use, or value-added taxes). My Social Book may charge and withhold such taxes for Orders to be delivered to jurisdictions that it deems is required. When you order Books or other products for overseas delivery, you may be subject to import duties and taxes, levied when the package with the Books or products arrives at the destination that you specified. You must bear any charges for customs clearance, as My Social Book cannot control or foresee the amount charged (if any).

7. Delivery.
7.1. Each Order must have a delivery address. You may have your Order delivered to an address other than your own. If we must proceed with partial deliveries, we will not charge you for any additional shipping costs.

7.2. All Orders are handled as quickly as possible, however printing may take between 3 to 7 business days.

7.3. If your order includes several products, it is possible that as a function of their volume that they will be sent in several separate packages.

7.4. Cost and Method of Delivery. Orders are delivered at the shipping costs indicated prior to the definitive validation of the Order. We typically use the following transporters, depending on your location: Fedex, Postal Service, UPS, or DHL.

7.5. Period of Delivery. Delivery will be made within the period indicated on the site when placing the Order. The delivery period includes the time it takes to prepare your Order for shipping and the time required for delivery by the transporter. The delivery period may be extended when circumstances emerge beyond our control. The indications relative to the delivery period are not binding unless, as an exception, the delivery period has been formally confirmed in writing as binding.

7.6. Delivery Acceptance. Upon delivery of the Books or products, you must ensure that it corresponds precisely with your Order and is in good condition. In case of a problem, it is incumbent upon you to inform My Social Book of such problem by email, within 48 hours. In all cases, you must include your contact information, as well as your Order number. If your claim is made more than 48 hours following delivery of your Order, or if the information is incomplete, we will not be able to process your feedback. Delivered Books or products which are contested must be returned at your own cost and in their original packaging, to the address which appears at the bottom of the page.

8. Contents.
8.1. Definitions. "Content" includes text, files, design templates, images, photos, video, sounds, works of authorship, and other material. Your "Book Content" includes Content that you include in the Books or products and submit to My Social Book for print services.

8.2. Ownership of Your Book Content. You represent and warrant that: (i) you own or otherwise have the right to grant the licenses set forth in this section for the Book Content that you provide for our print services to have them printed in a Book, and (ii) your Book Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person or entity. My Social Book do not claim ownership over you content, you are the only proprietary of your content.

8.3. License to Print Your Books. You hereby grant to My Social Book a limited non‑exclusive, worldwide, fully‑paid and royalty‑free license (a "License") to reproduce and distribute your Book Content for the sole purpose of printing the Books or products that you order and delivering them to you. You agree that My Social Book reserves the right to maintain the electronic files for any Book(s) or products in order to maintain an archival copy of the printed Book or product.

8.4. My Social Book Content. The Services contain Content of My Social Book and its licensors ("My Social Book Content"). My Social Book and its licensors (including Users) own and retain all proprietary rights in the My Social Book Content and the Services. My Social Book hereby grants you a limited, revocable, non‑transferable, and non‑sublicensable license to reproduce and publicly display the My Social Book Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the Services. Except as provided in the previous sentence, you shall not reproduce, distribute, publicly perform (including by means of digital audio transmission), publicly display, create derivative works of, or otherwise use the My Social Book Content.

8.5. Your Content and Activity. You are solely responsible for any and all Book Content that is posted by or through your Account on any Services (including any Content that you may have received from third parties) including any e-mail, or included in Books submitted by you for print services, and for your interactions with other Users. You agree that My Social Book retains the right to create limits on My Social Book's archiving of such data, including but not limited to the right to delete such data after a certain period without a purchase or to charge for extended storage of such data.

8.6. Content Storage. You agree to let My Social Book store your data temporarily on its secured servers, for the purpose of giving you a product price estimation, creating the book preview, and creating the final Book after an order.

9. Term and Termination.
9.1. These Terms shall remain in effect while you use the Services or are a Member. You may end your membership by deleting your Account at any time by following the instructions on the "My Account" page.

9.2. MY SOCIAL BOOK MAY TERMINATE YOUR MEMBERSHIP AT ANY TIME AND FOR ANY REASON, EFFECTIVE UPON SENDING NOTICE TO YOU AT THE E‑MAIL ADDRESS IN YOUR ACCOUNT PROFILE.

9.3. Even after termination for any reason, (i) you will still be responsible for any Orders you had already placed, as well as their applicable fees and delivery provisions, and (ii) Sections ‎9 through ‎26 of these Terms will remain in effect. You understand that termination of these Terms and your Account involves deletion of your profile information from our live databases as well as any Content that you uploaded to the My Social Book Website. My Social Book will not be liable whatsoever to you for termination of your Account or any related deletion of your information.

10. Prohibited Content. YOU MAY NOT INCLUDE "PUBLISHED BY MY SOCIAL BOOK," "MY SOCIAL BOOK PUBLISHING" OR ANY OTHER REFERENCE THAT DIRECTLY OR INDIRECTLY SUGGESTS OR IMPLIES THAT MY SOCIAL BOOK IS THE PUBLISHER OF THE BOOKS THAT YOU CREATE USING THE SERVICES. You agree that you will not post, submit for print services, or otherwise provide to the Services, any Prohibited Content. "Prohibited Content " includes Book Content or other Content that: (i) is offensive, pornographic, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) bullies, harasses, or advocates stalking, bullying, or harassment, of another person; (iii) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (iv) promotes, reproduces, performs or distributes an illegal or unauthorized copy of another person’s work that is protected by copyright or trade secret law, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer installed copy‑protection devices, or providing pirated music or links to pirated music files; (v) is involved in the exploitation of persons in a sexual or violent manner, or solicits personal information from anyone under the age of majority; (vi) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses and other harmful code; (vii) solicits passwords or personally identifying information for commercial or unlawful purposes from other Users; (viii) violates any applicable law, including, but not limited to laws and regulations governing export control, unfair competition, antidiscrimination and false advertising; (ix) involves commercial activities that are detrimental to the interests of My Social Book; or (x) otherwise violates these Terms or creates liability for My Social Book. MY SOCIAL BOOK RESERVES THE RIGHT TO REFUSE TO PRINT ANY BOOK THAT CONTAINS CONTENT THAT IT DETERMINES, IN IT SOLE DISCRETION, TO BE PROHIBITED CONTENT, and you agree to indemnify and hold My Social Book and its subsidiaries, affiliates, officers, employees, suppliers, service providers, and partner companies harmless for any claims, losses, liabilities and expenses arising out of or relating to any breach of this section.

11. User Conduct
11.1. You agree not to access or attempt to access the Website by any means other than the interface provided by My Social Book or circumvent any access or use restrictions put into place by My Social Book to prevent certain uses of the Website.

11.2. You agree to use the Website and Services in good faith and in accordance with these Terms and not to use, or to encourage others or permit others to use, the Website to:

i. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

ii. access or use the Website in any manner that could damage, disable, overburden, or impair any My Social Book server or the networks connected to any My Social Book server;

iii. intentionally or unintentionally interfere with or disrupt the Website or violate any laws related to the access to or use of the Website, violate any requirements, procedures, policies, or regulations of networks connected to the Website, or engage in any activity prohibited by these Terms;

iv. disrupt or interfere with the security of, or otherwise cause harm to, the Website, accounts, passwords, servers, or networks connected to or accessible through the Website or any affiliated or linked sites;

v. disrupt, interfere with, or inhibit any other user from using and enjoying the Website or other affiliated or linked sites, platforms, or content;

vi. reproduce, sell, trade, resell or exploit for any commercial purpose, any, use of the Website, or access to the Website;

vii. defraud, defame, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

viii. engage in any other conduct which, in My Social Book's sole discretion, is considered inappropriate, unauthorized or objectionable;

ix. use any automated methods or tools to crawl, robot, scrape, spider or otherwise monitor or extract data from any part of the Website without our express prior written permission (we may use robot exclusion headers within the Website and you agree to comply with any such headers);

x. decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any of the source code or underlying ideas or algorithms of any part of the Website, except to the limited extent that applicable laws specifically prohibit such restrictions;

xi. post or send any unauthorized or unsolicited advertising, promotional materials, marketing email or spam;

xii. forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services, deceptive or false source-identifying information;

xiii. mirror or frame any part of the Website on any other website;

xiv. use any meta-tags or other hidden text or metadata containing any My Social Book trademark, URL or product name without our express prior written permission;

xv. use any My Social Book trademark, URL, product name or logo in any way that incorrectly suggests our affiliation with or endorsement of any person, entity, product or service; or use any other trademarks, service marks, trade dress, designs or logos that are confusingly similar to any My Social Book trademark, product name or logo or to the look and feel of the Services; or

xvi. assist or encourage any third party to do any of the above activities prohibited in this section or to otherwise violate any term of these Terms or My Social Book policy.

11.3. In addition, you agree to comply will all applicable laws, regulations, and ordinances as a condition of use of the Services and/or the Website.

11.4. In order to permit us to protect the quality of our products and services, you hereby consent to our employees and representatives being able to access your account and records for any reason, in our sole discretion. We also reserve the right, but do not assume the responsibility, to monitor or review your conduct while using the Services and the Website. Your use of the Services and the Website is subject to all applicable local, state, national and international laws and regulations. Further, you acknowledge that you are responsible for obtaining or providing all access lines, telephone and computer equipment (including modem), or other devices, necessary to access the Website, and paying all charges related thereto.

11.5. You agree not to use the Services for any unlawful activity and My Social Book reserves the right to investigate any suspicious activity or in response to any complaints or reported violations. When investigating any such activity, My Social Book reserves the right to report suspected unlawful activity to any appropriate person or body and to provide them with any relevant information, including personal data.

11.6. In the unlikely event that you notice an error in either the transfer sent or received as a result of using the Services, then you should immediately notify us at support@mysocialbook.com. If you become aware that you have received a transfer over and above what you were expecting, you must immediately notify us of this so that arrangements can be made for you to immediately return any overpayment.

12. Enforcement by My Social Book.
My Social Book has the right (but not the obligation) to review any Content and delete any Content that in the sole judgment of My Social Book violates these Terms; is Prohibited Content, is illegal, violates the rights of, or harms or threatens the safety of any User or any other person; or creates liability for My Social Book, its suppliers, service providers, partner companies, or any User. My Social Book reserves the right (but has no obligation) to investigate and take action in its sole discretion against you if you violate this provision or any other provision of these Terms, including without limitation, removing Prohibited Content from the Services, terminating your membership and Account, reporting you to law enforcement authorities, and taking legal action against you.

13. Copyright Policy.
13.1. My Social Book respects the intellectual property of others, and asks and expects that our authors do the same. If you have not already, please familiarize yourself with your obligations as a User and/or Member of the My Social Book web site by reading these Terms and Conditions. It is My Social Book’s policy to terminate membership privileges of any Member who infringes copyright upon prompt notification to My Social Book by the copyright owner or the copyright owner’s legal agent.

13.2. If you believe that your work has been copied and posted on the Services or used in any Book in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the location on the Service of the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

13.3. Contact information for My Social Book’s Copyright Agent for notice of claims of copyright infringement is as follows:

My Social Book, Inc

Attn: Copyright Agent

Address : info@mysocialbook.com

14. Copyright/Trademark Information.
The Website and the content contained therein including the Website design, drawings, diagrams, illustrations, photographs, pictures, text, graphics, etc. (the "Information") are protected by the copyright laws of Belgium, international treaties, and copyright laws in other countries. The Information is the property of My Social Book or third parties that allowed My Social Book to publish the copyrighted Information on the Website. The User must not change, copy, publish, distribute, broadcast, present, photocopy, issue a license, produce derivative works, or sell any part of the information contained in the Website without the explicit written consent of My Social Book provided in advance. The User acknowledges the existing copyrights in the Information and undertakes not to make any commercial use of the Information or change or alter the Information or any part thereof.
15. Third Party Services.
15.1. You acknowledge and agree that My Social Book may engage third party partners and providers in order to deliver you the Services.

15.2. By using our Services, you agree to be bound by any user agreements established by any third party partners and providers that My Social Book engages with. This is in addition to the terms and conditions set out in these Terms.

15.3. By accepting and agreeing to the partner's terms and conditions you expressly acknowledge that My Social Book acts as agent of the partner and that My Social Book shall have no liability for the actions or omissions of the third party partner.

16. Limited Warranty .
16.1. Limited Warranty for Books. My Social Book warrants that, subject to minor differences across products, Books will be free of any material defects in materials and workmanship. My Social Book will, at its own expense and at its sole obligation and your exclusive remedy, replace any materially defective Books which you report to My Social Book in accordance to the Return Policy found in Section ‎14.2 below.

16.2. Return Policy. On the off chance that a printed Book arrives damaged with a material manufacturing defect or a material defect in workmanship, you must return the Book in its original packaging and in the condition received within seven business days of receipt. Along with the Book, you must include a claim in writing that specifies the damages so that we may take the necessary measures to secure a satisfactory replacement or a refund for the merchandise. Upon inspection of the Books or products, My Social Book will inform you of our response concerning your request by telephone, email, or mail as soon as possible. The cost of returning the Books or products remains the responsibility of the purchaser. In the event of an exchange, shipping costs will not be billed again. You will bear any fees, taxes or other charges for customs clearance (if applicable), as My Social Book cannot control or foresee the amount charged.

The warranty does not include defects that result from inappropriate use of the merchandise by the client.

16.3. Exceptions to Warranty.
My Social Book does not proof, edit or change any of the Content in the Books that you post or submit for print services. As a result, the foregoing limited warranty does not include the obligation to correct (a) typographical errors, mistakes in grammar, unfinished text or other text errors; (b) low resolution images that may appear blurry in print; (c) design issues, including book format, organization, style, color and page layout; or (d) any other creative choices that you make related to the Book. Therefore, you agree that you will not upload Book Content unless it has been fully proofed and you are satisfied that it is ready to be published. My Social Book is not responsible for any incorrect or inaccurate Content (including any profile information) posted on the Services, whether caused by Users, Members or by any of the equipment or programming associated with or utilized in the Services. My Social Book assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or User communication. My Social Book is not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or at the Website or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall My Social Book be responsible for any loss or damage, including personal injury or death, resulting from use of the Services or from any Content posted on the Website or transmitted to Users, or any interactions between Users of the Services, whether online or offline.

17. Disclaimers.
TO THE EXTENT LEGALLY PERMITTED UNDER THE APPLICABLE LAWS, (A) THE SERVICES ARE PROVIDED "AS-IS" AND AS AVAILABLE AND (B) EXCEPT FOR THE WARRANTY SET FORTH IN SECTION ‎16 ABOVE, MY SOCIAL BOOK EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. FOR FURTHER WARRANTY INFORMATION YOU MAY CONTACT MY SOCIAL BOOK’S CUSTOMER SUPPORT DEPARTMENT AT SUPPORT@MYSOCIALBOOK.COM

18. Limitation on Liability.
TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, MY SOCIAL BOOK SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF MY SOCIAL BOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MY SOCIAL BOOK’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO ANY CAUSE OF ACTION WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED TO THE LESSER OF ONE HUNDRED U.S. DOLLARS ($100), OR THE AMOUNTS YOU PAID TO MY SOCIAL BOOK IN THE SIX (6) MONTHS PRIOR TO THE ACCRUAL OF THE CLAIM. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE MY SOCIAL BOOK’s LIABILITY FOR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF MY SOCIAL BOOK OR ITS AGENTS OR EMPLOYEES, OR FOR DEATH OR PERSONAL INJURY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

19. Release.
You hereby release My Social Book, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with other Users.

20. Indemnity.
You agree to defend, indemnify, and hold My Social Book, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Services in violation of these Terms and/or arising from your breach of any provision of these Terms.

21. Electronic Communications.
The communications between you and My Social Book use electronic means, whether you visit the Website or otherwise use the Service or send My Social Book e-mails, or whether My Social Book posts notices on the Website or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from My Social Book in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that My Social Book provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in writing. The foregoing does not affect your statutory rights. Notices shall be deemed given 24 hours after an email is sent. Alternatively, legal notices may be given to the registered address provided by you while placing an Order. In such case, notice shall be deemed given three days after the date of mailing.

22. Governing Law and Jurisdiction.
The provision of the Services and any dispute or claim arising out of the provision of the Services is governed by the laws of Belgium.

Any dispute or claim arising out of or in connection with the Services will be subject to the exclusive jurisdiction of the courts of Belgium.

23. Force Majeure.
We will not be liable for non-performance or delay in performance (other than of obligations regarding payment of money) caused by any event reasonably beyond our control including, but not limited to natural disaster, strike, administrative decisions, transportation stoppages, wars, hostilities, revolutions, riots, civil commotion, national emergency, epidemics, fire, flood, earthquake, force of nature, explosion, embargo or any "act of God."

24. Amendments.
My Social Book reserves the right to amend the Terms at its sole discretion and any modifications shall be effective immediately upon posting the revised terms on the Website. We will announce any such change by posting the revised draft of the Terms on the Website. You can determine when the Terms were last revised by referring to the "Last Revised" legend at the top of this page. By continuing to use the Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the Terms or any changes thereto, you may not continue using this Website.

25. Other.
These Terms are accepted upon your use of the Website or any of the Services or when you register to become a Member. These Terms, including the Privacy Policy which is incorporated by reference, constitute the final, complete and exclusive agreement between you and My Social Book regarding the subject matter hereof and supersedes and merges all prior discussions, correspondence, arrangements or understandings between the parties. If any provision of these Terms is found to be invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect. The failure of My Social Book to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The parties of these Terms have expressly required that the present Terms be drawn up in the English language. Please contact us with any questions regarding these Terms. You may also receive a copy of these Terms (in ASCII text format) by contacting us via My Social Book’s general support form.

26. Links.
The Website may include links to internet websites that are not operated by My Social Book. These links are intended for the User's convenience only and My Social Book has no control over these internet websites and it is not responsible for the content contained on these websites. The inclusion of links to other websites does not attest to My Social Book's support of the content of these websites nor any other connection to these websites or their operators. My Social Book is not responsible for the proper functioning of the links. My Social Book is entitled at its own discretion to remove any link from the Website and/or add additional links.

27. My Social Book’s Contact Information.
My Social Book

HQ : Rue de Livourne 7 boite 4. 1060 Saint-Gilles. Belgium

Our email address: help@mysocialbook.com

 

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND
CONDITIONS

My Social Book (hereinafter, “We,” “Us,” “Our”) is offering a mobile
messaging program (the “Program”), which you agree to use and participate in
subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the
“Agreement”). By opting in to or participating in any of our Programs, you accept
and agree to these terms and conditions, including, without limitation, your
agreement to resolve any disputes with us through binding, individual-only
arbitration, as detailed in the “Dispute Resolution” section below. This
Agreement is limited to the Program and is not intended to modify other Terms
and Conditions or Privacy Policy that may govern the relationship between you
and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages
by affirmatively opting into the Program, such as through online or
application-based enrollment forms. Regardless of the opt-in method you utilized
to join the Program, you agree that this Agreement applies to your participation in
the Program. By participating in the Program, you agree to receive autodialed or
prerecorded marketing mobile messages at the phone number associated with
your opt-in, and you understand that consent is not required to make any
purchase from Us. While you consent to receive messages sent using an
autodialer, the foregoing shall not be interpreted to suggest or imply that any or
all of Our mobile messages are sent using an automatic telephone dialing system
(“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out: If you do not wish to continue participating in the Program or no
longer agree to this Agreement, you agree to reply STOP, END, CANCEL,
UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of
the Program. You may receive an additional mobile message confirming your
decision to opt out. You understand and agree that the foregoing options are the
only reasonable methods of opting out. You also understand and agree that any
other method of opting out, including, but not limited to, texting words other than

those set forth above or verbally requesting one of our employees to remove you
from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile
telephone number that has been used to subscribe to the Program, including
canceling your service plan or selling or transferring the phone number to
another party, you agree that you will complete the User Opt Out process set
forth above prior to ending your use of the mobile telephone number. You
understand and agree that your agreement to do so is a material part of these
terms and conditions. You further agree that, if you discontinue the use of
your mobile telephone number without notifying Us of such change, you
agree that you will be responsible for all costs (including attorneys’ fees)
and liabilities incurred by Us, or any party that assists in the delivery of the
mobile messages, as a result of claims brought by individual(s) who are
later assigned that mobile telephone number. This duty and agreement shall
survive any cancellation or termination of your agreement to participate in any of
our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US
HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR
FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE
PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE
TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR
SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS
PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO
CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt
into the Program can expect to receive messages concerning the marketing and
sale of [DESCRIBE COMPANY’S GOODS/SERVICE OFFERINGS – THIS
SHOULD BE BROAD AND GENERAL TO ENCOMPASS AND TYPE OF
MESSAGE YOU MAY SEND. MESSAGES OUTSIDE OF THIS SCOPE MAY
NOT BE ALLOWED UNDER THE TCPA].

Cost and Frequency: Message and data rates may apply. The Program
involves recurring mobile messages, and additional mobile messages may be
sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to
the number you received messages from or email us at help@mysocialbook.com. Please note that the use of this
email address is not an acceptable method of opting out of the program. Opt
outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if
your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and
may not be available in all areas at all times and may not continue to work in the
event of product, software, coverage or other changes made by your wireless
carrier. We will not be liable for any delays or failures in the receipt of any mobile
messages connected with this Program. Delivery of mobile messages is subject
to effective transmission from your wireless service provider/network operator
and is outside of Our control. T-Mobile is not liable for delayed or undelivered
mobile messages.

Participant Requirements: You must have a wireless device of your own,
capable of two-way messaging, be using a participating wireless carrier, and be a
wireless service subscriber with text messaging service. Not all cellular phone
providers carry the necessary service to participate. Check your phone
capabilities for specific text messaging instructions.

Age Restriction: You may not use of engage with the Platform if you are under
thirteen (13) years of age. If you use or engage with the Platform and are
between the ages of thirteen (13) and eighteen (18) years of age, you must have
your parent’s or legal guardian’s permission to do so. By using or engaging with
the Platform, you acknowledge and agree that you are not under the age of
thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and

have your parent’s or legal guardian’s permission to use or engage with the
Platform, or are of adult age in your jurisdiction. By using or engaging with the
Platform, you also acknowledge and agree that you are permitted by your
jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited
content over the Platform. Prohibited content includes:

- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing,
or stalking activity;

- Objectionable content, including profanity, obscenity, lasciviousness,
violence, bigotry, hatred, and discrimination on the basis of race, sex, religion,
nationality, disability, sexual orientation, or age;

- Pirated computer programs, viruses, worms, Trojan horses, or other
harmful code;

- Any product, service, or promotion that is unlawful where such product,
service, or promotion thereof is received;

- Any content that implicates and/or references personal health information
that is protected by the Health Insurance Portability and Accountability Act
(“HIPAA”) or the Health Information Technology for Economic and Clinical Health
Act (“HITEC” Act); and

- Any other content that is prohibited by Applicable Law in the jurisdiction
from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy
between you and Us, or between you and 317 LABS, INC. or any other
third-party service provider acting on Our behalf to transmit the mobile messages
within the scope of the Program, arising out of or relating to federal or state

statutory claims, common law claims, this Agreement, or the breach, termination,
enforcement, interpretation or validity thereof, including the determination of the
scope or applicability of this agreement to arbitrate, such dispute, claim, or
controversy will be, to the fullest extent permitted by law, determined by
arbitration in Belgium before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with
the Commercial Arbitration Rules of the American Arbitration Association (“AAA”)
then in effect. Except as otherwise provided herein, the arbitrator shall apply the
substantive laws of the Federal Judicial Circuit in which My Social Book’s principle place of business is located, without regard to its conflict of laws rules.
Within ten (10) calendar days after the arbitration demand is served upon a party,
the parties must jointly select an arbitrator with at least five years’ experience in
that capacity and who has knowledge of and experience with the subject matter
of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar
days, a party may petition the AAA to appoint an arbitrator, who must satisfy the
same experience requirement. In the event of a dispute, the arbitrator shall
decide the enforceability and interpretation of this arbitration agreement in
accordance with the Federal Arbitration Act (“FAA”). The parties also agree that
the AAA’s rules governing Emergency Measures of Protection shall apply in lieu
of seeking emergency injunctive relief from a court. The decision of the arbitrator
shall be final and binding, and no party shall have rights of appeal except for
those provided in section 10 of the FAA. Each party shall bear its share of the
fees paid for the arbitrator and the administration of the arbitration; however, the
arbitrator shall have the power to order one party to pay all or any portion of such
fees as part of a well-reasoned decision. The parties agree that the arbitrator
shall have the authority to award attorneys’ fees only to the extent expressly
authorized by statute or contract. The arbitrator shall have no authority to award
punitive damages and each party hereby waives any right to seek or recover
punitive damages with respect to any dispute resolved by arbitration. The parties
agree to arbitrate solely on an individual basis, and this agreement does not
permit class arbitration or any claims brought as a plaintiff or class member in
any class or representative arbitration proceeding. Except as may be required by
law, neither a party nor the arbitrator may disclose the existence, content, or
results of any arbitration without the prior written consent of both parties, unless

to protect or pursue a legal right. If any term or provision of this Section is
invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or
unenforceability shall not affect any other term or provision of this Section or
invalidate or render unenforceable such term or provision in any other
jurisdiction. If for any reason a dispute proceeds in court rather than in
arbitration, the parties hereby waive any right to a jury trial. This arbitration
provision shall survive any cancellation or termination of your agreement to
participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary
rights, power, and authority to agree to these Terms and perform your obligations
hereunder, and nothing contained in this Agreement or in the performance of
such obligations will place you in breach of any other contract or obligation. The
failure of either party to exercise in any respect any right provided for herein will
not be deemed a waiver of any further rights hereunder. If any provision of this
Agreement is found to be unenforceable or invalid, that provision will be limited or
eliminated to the minimum extent necessary so that this Agreement will
otherwise remain in full force and effect and enforceable. Any new features,
changes, updates or improvements of the Program shall be subject to this
Agreement unless explicitly stated otherwise in writing. We reserve the right to
change this Agreement from time to time. Any updates to this Agreement shall be
communicated to you. You acknowledge your responsibility to review this
Agreement from time to time and to be aware of any such changes. By
continuing to participate in the Program after any such changes, you accept this
Agreement, as modified.

YOUR CART (0)

No Products in the Cart
USD