Terms of Service

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”)

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.

Responsible Use and Conduct

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:

  1. In accessing resources provided by Somiibo, you may be required to provide personal information (identification, contact details) as part of the registration process, or as part of your ability to use the resources. You maintain that any information provided will be accurate and up to date.
  2. You are responsible for maintaining the confidentiality of your login information associated with any account you use to access Somiibo’s resources. You are responsible for all activities that occur under your account.
  3. Accessing (or attempting to access) any of Somiibo’s resources by any other means than through the means provided is prohibited.
  4. You agree to not engage in activity that disrupts or interferes with Somiibo’s resources, including the servers and/or networks to which Somiibo’s resources are located or connected.
  5. Attempting to copy, duplicate, reproduce, sell, trade, or resell Somiibo resources is strictly prohibited.
  6. You understand that content presented to you as part of Somiibo’s service, including but not limited to advertisements, within Somiibo may be protected by intellectual property rights owned by the sponsors or advertisers providing the content. You may not modify, rent, lease, loan, sell, distribute, or create derivative works based on content you are exposed to through advertisements, unless you have specifically authorized to do so by the owners of that content in a separate agreement.
    • a. You understand that using Somiibo’s service exposes you to content that you may find offensive, indecent, or objectionable, and that, in this respect, you use the Services at your own risk
    • b. We provide open communication tools on our website through blog comments. You understand that we do not prescreen or monitor the content posted by users. If you choose to use this tool to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner.
    • c. You agree that content you post will not be:
      • i. Illegal, harmful, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contain any type of suggestive, inappropriate, or explicit language.
      • ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party
      • iii. Contain any type of unauthorized or unsolicited advertising
      • iv. Impersonate any person or entity, including Somiibo employees or representatives
      • v. If the Terms of Service are violated, you agree to indemnify and hold harmless Somiibo, its affiliates, its directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of the Terms of Service or the failure to fulfill any obligations relating to your account incurred by you or any person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under the Terms of Service. In such event, you shall provide us with such cooperation as is reasonably requested by us.
  • It is strictly prohibited to use the Somiibo website or Somiibo application for anything that:
    • a. Is Illegal, harmful, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contain any type of suggestive, inappropriate, or explicit language.
    • b. Infringes on any trademark, patent, trade secret, copyright, agreement, or other proprietary right of any party.
    • c. Directly or indirectly affects the revenue, operations, or processes of another party.
    • d. Creates an income or generates revenue for the user or another party.
  • 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 social media accounts including but not limited to the termination, suspension, or limiting of the account as a result of using Somiibo is not the responsibility of Somiibo.

  • You agree to read and accept the terms of our Privacy Policy.

  • 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.

Sales

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.

Limitation of Warranties

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:

  1. The use of Somiibo’s resources will meet your needs or requirements
  2. The use of Somiibo’s resources will be uninterrupted, timely, secure, or free from errors
  3. The information obtained by using Somiibo will be accurate or reliable
  4. Any defects in the operation or functionality of Somiibo we provide will be repaired or corrected
    • a. Any content that you download or obtain through using Somiibo is done at your own discretion and risk. You are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
    • b. No information or advice, whether expressed, implied, oral or written, obtained by you from Somiibo shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in the Terms of Service.
  5. Any of the stated benefits of using our services are true and accurate.

Limitation of Liabilities

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.

Copyrights/Trademarks

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.

Termination of Use

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.

Governing Law

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.

Guarantee

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.

Contact Information

If you have any questions, comments, or concerns, please direct them to [email protected]