Social Media Terms Of Use

Social Media Terms of Use for Esteem Painting LLC 

Last Updated: 9/01/2024

Welcome to the social media pages, channels, and communities of Esteem Painting LLC (“we,” “us,” “our”). By accessing or using any of our social media pages, including but not limited to Facebook, Instagram, Twitter, LinkedIn, Pinterest, YouTube, TikTok, and any other social media platforms we may use (collectively, the “Social Media Platforms”), you agree to comply with and be bound by these Social Media Terms of Use (“Terms”). If you do not agree with these Terms, please do not interact with our Social Media Platforms.

  1. Acceptance of Terms

By accessing, using, or interacting with any of our Social Media Platforms, you confirm that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and Website Terms of Use, which are incorporated herein by reference. If you do not agree to these Terms, you must discontinue use of our Social Media Platforms immediately.

  1. Modifications to Terms

Esteem Painting LLC reserves the right to modify, alter, or update these Terms at any time, at our sole discretion. Any changes will be effective immediately upon posting on the relevant Social Media Platform. Your continued use of our Social Media Platforms following the posting of changes constitutes your acceptance of those changes. It is your responsibility to review these Terms periodically for any updates or changes.

  1. Permitted Use

3.1 Eligibility: You must be at least 18 years of age to interact with our Social Media Platforms. By using our Social Media Platforms, you represent and warrant that you are at least 18 years old and have the legal capacity to agree to these Terms.

3.2 Non-Commercial Use: You may access and use our Social Media Platforms solely for your personal, non-commercial purposes. You agree not to use our Social Media Platforms for any commercial purpose without obtaining our prior written consent.

3.3 Prohibited Activities: You agree not to engage in any of the following activities on our Social Media Platforms:

  • Posting, transmitting, or sharing any content that is false, misleading, defamatory, fraudulent, threatening, harassing, abusive, obscene, vulgar, pornographic, profane, indecent, or otherwise objectionable or that promotes violence, illegal activities, or violations of law.
  • Uploading, posting, or transmitting any material that contains viruses, malware, or any other harmful or disruptive components.
  • Attempting to gain unauthorized access to any portion of our Social Media Platforms, accounts, computer systems, or networks connected to our Social Media Platforms, through hacking, password mining, or any other means.
  • Collecting or harvesting any personal information of others, including email addresses, from our Social Media Platforms.
  • Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
  • Engaging in any activity that restricts or inhibits any other user from using or enjoying our Social Media Platforms, or that, in our sole discretion, exposes us or our affiliates, or our users to any liability, damage, or detriment of any type.
  1. User-Generated Content

4.1 Ownership and License Grant: By posting or submitting any content, including but not limited to comments, messages, photos, videos, or other material (“User Content”) on our Social Media Platforms, you grant Esteem Painting LLC a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content, in whole or in part, in any manner or medium now known or hereafter developed, for any purpose, including for promotional, marketing, and advertising purposes.

4.2 Responsibility for User Content: You are solely responsible for the User Content you submit, post, or transmit on our Social Media Platforms. You represent and warrant that you own or otherwise control all rights to the User Content that you post, that the content is accurate, that use of the content you supply does not violate these Terms or the rights of any third party, and that you will indemnify Esteem Painting LLC for all claims resulting from User Content you supply.

4.3 Monitoring and Removal of User Content: Esteem Painting LLC reserves the right, but is not obligated, to monitor, review, remove, or edit User Content at its sole discretion and without notice, for any reason or no reason, including if we believe that the User Content violates these Terms, our policies, or is otherwise inappropriate.

  1. Intellectual Property Rights

All content on our Social Media Platforms, including but not limited to text, graphics, logos, images, videos, and other materials, are the property of Esteem Painting LLC or its content suppliers and are protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, distribute, modify, or create derivative works from any content on our Social Media Platforms without our prior written permission.

  1. Third-Party Content and Links

Our Social Media Platforms may contain links to third-party websites, advertisements, or content that are not owned or controlled by Esteem Painting LLC. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website from our Social Media Platforms, you do so at your own risk, and you understand that these Terms and our Privacy Policy do not apply to your use of such sites.

  1. Disclaimer of Warranties

7.1 General Disclaimer: Our Social Media Platforms are provided on an “as-is” and “as-available” basis. Esteem Painting LLC makes no representations or warranties of any kind, express or implied, as to the operation of our Social Media Platforms or the information, content, materials, or products included on our Social Media Platforms. You expressly agree that your use of our Social Media Platforms is at your sole risk.

7.2 No Warranties: To the fullest extent permissible by applicable law, Esteem Painting LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Esteem Painting LLC does not warrant that our Social Media Platforms, or any content, materials, products, or services included on or otherwise made available to you through our Social Media Platforms, or electronic communications sent from us, are free of viruses or other harmful components.

  1. Limitation of Liability

To the fullest extent permitted by law, Esteem Painting LLC will not be liable for any damages of any kind arising from the use of our Social Media Platforms or from any information, content, materials, or products included on or otherwise made available to you through our Social Media Platforms, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

  1. Indemnification

You agree to indemnify, defend, and hold harmless Esteem Painting LLC, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising out of or relating to your use or misuse of our Social Media Platforms, any User Content you post, your violation of these Terms, or your infringement of any intellectual property or other rights of any third party.

  1. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Pennsylvania, without regard to its conflict of law principles. Any legal suit, action, or proceeding arising out of, or related to, these Terms or our Social Media Platforms shall be instituted exclusively in the federal or state courts located in York County, Pennsylvania. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

  1. Arbitration Agreement and Class Action Waiver

11.1 Mandatory Arbitration: By agreeing to these Terms, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of our Social Media Platforms will be resolved exclusively through binding individual arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The U.S. Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

11.2 Class Action Waiver: You and Esteem Painting LLC agree that each party may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. Further, unless both you and Esteem Painting LLC agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

11.3 Opt-Out Procedure: You may opt out of this Arbitration Agreement by sending a written notice of your intention to opt-out to Esteem Painting LLC at 211 Pauline Drive -1123 York Pa, 17402 or via email at services@esteempainting.com within 30 days of first accepting these Terms. Your opt-out notice must include your full name, address, and a clear statement that you do not wish to resolve disputes with Esteem Painting LLC through arbitration.

  1. Termination and Removal of Access

Esteem Painting LLC reserves the right, in its sole discretion, to terminate your access to all or part of our Social Media Platforms, with or without notice, for any reason, including without limitation, if we believe that you have violated these Terms or applicable law. Upon termination, your right to use our Social Media Platforms will immediately cease, and we reserve the right to remove or delete any of your User Content.

  1. Severability

If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

  1. Waiver

No waiver by Esteem Painting LLC of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Esteem Painting LLC to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

  1. Changes to Terms

Esteem Painting LLC reserves the right, in its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will notify you by posting the updated Terms on our Social Media Platforms. What constitutes a material change will be determined at our sole discretion. Your continued use of our Social Media Platforms after any such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically for changes.

  1. Entire Agreement

These Terms, along with our Privacy Policy and Website Terms of Use, constitute the entire agreement between you and Esteem Painting LLC with respect to your use of our Social Media Platforms and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, with respect to our Social Media Platforms.

  1. Contact Information

If you have any questions or concerns about these Terms, please contact us at:

  • Email: services@esteempainting.com
  • Phone: 1717-204-8511

By using our Social Media Platforms, you acknowledge that you have read, understood, and agree to be bound by these Social Media Terms of Use.

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