Welcome to somiibo.com. This website is owned and operated by Somiibo (“Somiibo,” “we,” “us” or “our”). By visiting our website (“the website,” “the site”) using the Somiibo application (“the software,” “the application,” “our software” or “our application”), accessing the information, resources, services, and tools that we provide, you acknowledge, understand, and agree to accept and adhere to the following terms and conditions as stated in this policy. Our Policy applies to all visitors, users, and others who access the Service (“Users”).
All third party trade marks are the property of their respective owners.
“Subscriber” or is used to describe a user of a Somiibo Product who pays a fee to obtain enhanced features of that Somiibo Product. More information about subscriptions can be found on our main site.
“Somiibo Product(s)” is used as shorthand for our services including all Somiibo websites used to distribute these services and products published by Somiibo. THE ONGOING SUPPLY OF ANY PARTICULAR SOMIIBO PRODUCT IS NOT GUARANTEED. SOME SOMIIBO PRODUCTS HAVE AGE RESTRICTIONS.
This agreement is in effect as of October 25, 2017.
We reserve the right to change the Terms of Service from time to time without notice. You acknowledge and agree that it is your responsibility to review the Terms of Service periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgement and agreement of the modified terms and conditions.
Please check the terms and conditions whenever you use a Somiibo Product. If you are not a Subscriber, we will treat your continued use of a Somiibo Product as acceptance of these changes from their effective date (as shown above). If you are a Subscriber, we will treat the first renewal date of your subscription after the changes as your acceptance of the changes. If you do not agree with the changes you should cancel your subscription before the renewal date.
By visiting our website and accessing the information, resources, services, products, and tools that Somiibo provides, you agree to use these resources for the purposes intended as permitted by the Terms of Service and by applicable laws, regulations and generally accepted online practices or guidelines.
It is understood that:
You understand and accept that some services offered by coinhive.com will be active from within the Somiibo application during your use of the application.
You may not use Somiibo for commercial purposes or for purpose of resale or redistribution, whether or not you charge a fee, unless you have written permission from Somiibo.
In using the Somiibo Program you understand that you may be required to view advertisements, view sponsored content, and/or interact, either manually or automatically, with online content including but not limited to other Somiibo users’ and/or their promoted content.
You agree that purchasing or receiving plays, reposts, shares, or any other promotional packages that Somiibo offers may include having your content interacted with by other users of Somiibo, either manually or automatically.
You agree to use Somiibo at your own risk and understand that anything that happens to your account(s) at other sites and services, including but not limited to the termination, suspension, or limiting of the account before, during or after your use of Somiibo is not the responsibility of Somiibo.
By using Somiibo you agree to opt in to the tracking of usage data both in the website and in the application for the safety and betterment of our company.
You agree that after Somiibo is installed on your computer it may automatically update itself by installing new and/or revised files relevant to the application.
You need a subscription to use certain features of Somiibo Products. If you apply for a subscription, you must ensure all the information that you submit is true and accurate (including, without limitation, your credit/debit card number and expiration date, and other payment details) and that you have appropriate parental or guardian consent if you are under 18 years of age. You agree to pay all subscription fees specified when you apply including all applicable taxes.
By submitting your order you are making an offer to subscribe to the relevant part of the Somiibo Product(s). Your offer is accepted and a binding contract occurs when: (i) we send a message to your account mail inbox confirming that your payment has been received, or (ii) you log into or use a subscribers-only part of a Somiibo Product (whichever comes first).
ALL SUBSCRIPTION PAYMENTS WILL CONTINUE TO BE TAKEN IN ADVANCE AT THE RELEVANT INTERVALS (E.G. MONTHLY IN THE CASE OF MONTHLY SUBSCRIPTIONS) UNTIL YOU CANCEL YOUR SUBSCRIPTION.
Payments by credit/debit cards are also subject to our credit card agreement which forms part of these terms and conditions.
We reserve the right to alter the amount or terms of our subscription fees at any time. This will only apply to those who, following the change, take out new subscriptions or re-subscribe (their previous subscriptions having expired) and specifically agree to the new fees/terms.
We reserve the right to charge you for any unauthorized use of your subscription by third parties. We reserve the right to terminate your account without the possibility of a refund if we find that you are violating any portion of this contract.
You may cancel your subscription at any time by visiting the subscriptions portion of your PayPal account.
Upon cancellation you will not be charged any further subscription fees. No payments already made in respect of subscriptions will be refunded (wholly or partly) but you can, of course, use up any unused subscription credit in the account.
All sales are final. If you experience issues, please contact Somiibo. If you request a refund we will determine the eligibility of your refund. Upon approval, you will be refunded by the same method of payment you originally used.
By using Somiibo, you understand and agree that all resources provided by Somiibo are “as is” and “as available”. We do not represent or warrant to you that:
Any claim against Somiibo or it’s owners, operators, officers, employees, and/or agents shall be limited to the amount that you as the user have paid for any resources or services provided by Somiibo. Somiibo is not liable for any direct, indirect, incidental, consequential, or exemplary loss or damages which may be incurred by you as a result of using Somiibo resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
Somiibo’s logo, website content, blog content, website name, and code are the intellectual property of Somiibo, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, decompiling, distribution, display or transmission of any content on this site is strictly prohibited, unless it is specifically authorized by Somiibo.
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Somiibo’s resources with or without notice and for any reason, including but limited to, breach of this User Agreement, any suspected illegal, fraudulent or abusive activity. Upon suspension or termination, your right to use Somiibo’s resources will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including account or login information, without the possibility of a refund.
This website is controlled by Somiibo. It can be accessed by most countries around the world. By accessing our website, you agree that the statutes and laws of our state, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce the Terms of Service shall be brought in the federal or state courts. You agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
The License and this Agreement are governed by and construed in accordance with the laws of the State of California, United States of America. In the event of any dispute, you hereby expressly consent to the exclusive jurisdiction and venue in the state and federal courts of Los Angeles, California, United States.
In recognition of the substantial nature of such potential damages and the difficulty of measuring economic losses to Somiibo as a result of a breach of the Agreement or License, and because of the immediate and irreparable damage that could be caused to Somiibo for which it would have no other adequate remedy, you agree that in the event of a breach of this Agreement or License, Somiibo shall be entitled to seek specific performance of this provision and injunctive and other equitable relief, as well as any monetary damages. In the event that Somiibo is required to initiate claims against you, Somiibo shall be entitled to recover its reasonable attorneys’ fees and costs.
You agree to defend, indemnify and hold the Company and our officers, directors, employees, agents or affiliates, harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys’ fees) arising from your use of the Software provided by Somiibo, or any third party’s rights, including but not limited to infringement of any copyright, violation of any proprietary right or invasion of any privacy rights. This obligation will survive the termination of this Agreement.
Unless otherwise expressed, Somiibo expressly disclaims all warranties and conditions of any kind, whether expressed or implied, including but not limited to, warranties and conditions of merchantability, fitness for a particular focus, and non-infringement.
If you have any questions, comments, or concerns, please direct them to [email protected]