Introduction and Eligibility
Acceptance of Terms. These Terms constitute a binding agreement between you and SoThree, Inc. and its affiliates ("SoThree"). The terms "you" and "User" mean all visitors to the Service. You accept these Terms each time you access the Service. If you do not accept these Terms, you must not use the Service.
Change of Terms. SoThree may revise these Terms at any time by posting an updated version to this web page. You should visit this page periodically to review the most current Terms. Your continued use of the Service after a change to these Terms constitutes your binding acceptance of these Terms.
Children Not Allowed. No part of the Service is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. If you are under the age of 18 or the age of majority in your jurisdiction, you may only use the Service under the supervision of a parent, legal guardian, or other responsible adult.
The terms "post" or "posting" as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar action on a Service.
The Service is defined as any website, mobile application, or Internet service under SoThree's control. SoThree is a business that creates mobile applications for iPhone and Android devices. The first product Umano allows you to listen to news on the go.
SoThree's Content Ownership and Use
The contents of the Service include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other SoThree content (collectively, "SoThree Content"). All SoThree Content is the property of SoThree or its licensors and is protected under copyright, trademark, and other laws. The compilation (meaning the collection, arrangement, and assembly) of all SoThree Content on the Service is the exclusive property of SoThree and is protected by copyright, trademark, and other laws.
SoThree authorizes you, subject to these Terms, to access, use, download, and print the content on the Service solely for your personal, non-commercial use. This license is revocable at any time without notice and with or without cause. Unauthorized use of the SoThree Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original SoThree Content on any copy you make of the SoThree Content.
SoThree, the SoThree Logo, and other SoThree logos and product and service names are or may be trademarks of SoThree (the "SoThree Marks"). Without SoThree's prior written permission, and except as solely enabled by any link as provided by SoThree, you agree not to display or use in any manner the SoThree Marks.
Intellectual Property Rights and Your License to Use
SoThree claims no ownership or control over any of the content you post to the Service ("Your User Content"). You or a third party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of the content you post on or through the Service. You are responsible for protecting those rights.
By posting Your User Content on or through the Service, you grant SoThree a universal, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such content through the Service and for the purpose of promoting SoThree and its services. By submitting any RSS feeds hosting your content, you grant SoThree a universal, non-exclusive, royalty-free license to curate content accessed from these RSS feeds and to produce audio versions of your content, which may be featured in any of SoThree’s domains. SoThree will discontinue these licenses use within a commercially reasonable period after Your User Content is removed from the Service.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Service infringe your copyright, you (or your agent) may send SoThree a "Notification of Claimed Infringement" requesting that the material be removed, or access to it blocked. The notice must include the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works);
Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow SoThree to locate the material on the Service;
Your name, address, telephone number, and email address (if available);
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send SoThree a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Service should be sent to Ian Mendiola at SoThree. Inc. at 301 Battery St., 2nd Floor, San Francisco, CA 94111 (email@example.com). Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
Suggestions and Creative Idea Submissions
SoThree appreciates hearing from its Users and welcomes your comments regarding the Service. Please be advised, however, that SoThree does not accept or consider creative ideas, suggestions, inventions, or other similar materials ("creative ideas") other than those which we have specifically requested. While SoThree values your feedback on its services, please be specific in your comments and do not submit creative ideas. If, despite this request, you send SoThree creative ideas, SoThree
Shall own exclusively all now known or later discovered rights to the creative ideas;
Shall not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and
Shall be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
User Content Disclaimers, Limitations, and Prohibitions
SoThree does not represent or guarantee the truthfulness, accuracy, or reliability of content posted by Users ("User Content"), derivative works from User Content, or any other communications posted by Users. You accept that any reliance on material posted by other Users will be at your own risk.
If you post User Content using the Service, you also permit any User to access, display, view, store, and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content posted on the Service retains any and all rights that may exist in such User Content.
Prohibited Service Uses.
You agree to use the Service only for its intended purpose. You must use the Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Service are prohibited:
You may not aggregate, copy, or duplicate any SoThree Content;
You may not use data mining, robots, or other data gathering devices on the Service;
You may not remove, disable, damage, circumvent, or otherwise interfere with the security of the Service;
You may not interfere or attempt to interfere with the proper working of the Service;
You may not gain unauthorized access to the Service or computers linked to the Service;
You may not attempt to reverse engineer or reverse engineer the Service;
You may not frame or link to the Service without permission;
You may not attempt to or submit a virus to the Service;
You may not take any action imposing an unreasonable or disproportionately large load on SoThree's infrastructure;
You may not commit copyright infringement or help others commit copyright infringement by using the Service;
You may not post to the Service any material violating anyone's intellectual property rights;
You may not attempt to or obtain unauthorized access to other Users' accounts;
You may not sell, transfer, or assign any of your rights to use the Service to a third party without the express written consent of SoThree;
You may not use the Service in an illegal way or to commit an illegal act; and
You may not use the Service if access to it from your jurisdiction is illegal, unauthorized, or penalized.
Prohibition of Certain User Provided Information
You are solely responsible for Your User Content on the Service. SoThree does not endorse any, nor is it responsible for, User Content on the Service. The following requirements apply to the content you post to Service:
You may not post information on behalf of another person;
You may not harass, incite others to harass, advocate harassment, or post any unlawful, harmful, defamatory, threatening, vulgar, sexually explicit, hateful, or otherwise objectionable material;
You may not disclose personal information about another person;
You may not post links, advertisements, or other content from competitors' websites;
You may not sell, promote, or advertise products or services; and
You may not post any franchise, pyramid scheme, or similar information.
Your Profile and Log-In Credential Information
To use the Service, you will need to log in with your SoThree or third-party site credentials. You are responsible for maintaining the confidentially of your log-in credentials and are fully responsible for all activities that occur through the use of your credentials.
You agree to notify SoThree immediately if you believe the confidentiality of your SoThree login credentials has been compromised or if you suspect unauthorized use of your account.
You agree that SoThree will not be liable for any loss or damage arising from unauthorized use of your credentials.
Privacy: Use and Disclosure of Content or Other Provided Information
You have no expectation of privacy for any of the content you post to the public areas of the Service.
Comply with legal process, such as a court order or subpoena;
Enforce these Terms;
Respond to claims that any content violates the rights of third parties;
Respond to your requests for customer service;
Respond to law enforcement;
Investigate and prevent unauthorized transactions or other illegal activities; or
Protect the rights, property, or safety of SoThree, its users, and the public.
SoThree may disclose information about you, including data on which pages you have visited and other information regarding your use of the SoThree Service, to third parties if, in its sole discretion, necessary to protect its systems, website, business, users or others.
Consequences of Violating These Terms
SoThree may review and remove any User Content at any time for any reason. SoThree does not assume any obligation to remove Your User Content.
SoThree may suspend or terminate your access and use of the Service for any reason, including if you infringe upon copyright or other intellectual property rights. Infringement of these intellectual property rights may also result in civil and criminal liability.
SoThree reserves the right to terminate your account and prevent access to the Service for any reason, in its discretion.
User Content. SoThree does not control User Content and does not have an obligation to monitor it for any purpose. SoThree has no obligation to make User Content available through the SoThree Service. SoThree may choose, in its sole discretion, to monitor, review, or otherwise access some User Content, but SoThree assumes no responsibility for doing so. SoThree assumes no responsibility for the conduct of Users or other third parties.
SoThree reserves the right, in its sole discretion, to remove your content, and SoThree does not assume any obligation to remove it. To the extent permitted by law, SoThree disclaims any liability for failing to take any such action. SoThree encourages you to keep a back-up copy of any of your content. To the extent permitted by law, in no event shall SoThree be liable for the deletion, loss, or unauthorized modification of any User Content.
User Disputes. You release SoThree of all claims, demands, and damages in disputes among Users of the Service. You assume all risk associated with dealing with other Users. Use caution and common sense when using the Service.
Content Accuracy. SoThree makes no representations about accuracy, reliability, completeness, or timeliness of any contents of the Service. Similarly, SoThree makes no representations as to the quality or nature of third party products or services obtained through the Service. Use the Service at your own risk.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, SOTHREE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND SOTHREE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS, EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; (B) SOTHREE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; OR (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. SOTHREE EXPRESSLY DISCLAIMS ANY WARRANTY ASSOCIATED WITH (i) PUSH NOTIFICATIONS TO MOBILE DEVICES, AND (ii) PHYSICAL MERCHANT RECEIPT INTEGRATION.
LIMITATION OF LIABILITY AND INDEMNIFICATION
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SOTHREE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SOTHREE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM OR AS A RESULT OF THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, SOTHREE'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR YOUR USE OF SOTHREE'S CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
You agree to defend, indemnify, and hold harmless SoThree, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material you provide to the Service, (ii) your use of any SoThree Content, or (iii) your breach of these Terms. SoThree shall provide notice to you promptly of any such claim, suit, or proceeding.
These Terms constitute the entire agreement between you and SoThree concerning your use of the Service. The failure of SoThree to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect.
Arbitration, Class Waiver, and Waiver of Jury Trial
These Terms and the relationship between you and SoThree shall be governed by the laws of the state of New York without regard to its conflict of law provisions. You and SoThree agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Service under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted within the county of New York in the state of New York. You covenant not to sue SoThree in any other forum.
You also acknowledge and understand that, with respect to any dispute with SoThree, its officers, directors, employees, agents, or affiliates, arising out of or relating to your use of the Service or this Agreement:
• YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
• YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
301 Battery St., 2nd Floor
San Francisco, CA 94111