SoCreate Website General Terms of Use
Last Updated: January __, 2023
This website (Site) is operated by SoCreate Inc. (SoCreate, we, our or us). It is available at: https://SoCreate.it.
Acceptance: By accessing and/or using our Site, you agree to these terms of use and our [Link:Privacy Policy ](Terms). Please read these Terms carefully. Stop using our Site immediately if you do not agree to them.
Changes: We may, at any time, in our sole discretion, revise these Terms by publishing changes on our Site. We recommend you check our Site regularly to make sure you’re aware of and abiding by our current terms. Information on this Site is subject to change without notice. We do not guarantee our Site is up-to-date and we are not liable if any content is inaccurate or out-of-date.
License to use our Site: We grant you a limited, revocable, nonexclusive license to use this Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this Site is at the discretion of SoCreate and we may terminate your use of this Site at any time.
Prohibited Conduct: You must refrain from doing anything unlawful or prohibited by any laws applicable to our Site, which we would consider inappropriate or which might bring us or our Site into ill repute, including but not limited to:
breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
using our Site to defame, harass, threaten, menace or offend any person;
interfering with any user using our Site;
tampering with or modifying our Site, knowingly transmitting viruses, or damaging or interfering with our Site;
using our Site to send unsolicited email messages; or
facilitating or assisting a third party to do any of the above acts.
Information: The information contained on the Site is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Site’s content, we make no gaurantees in relation to it.
Ownership: All content included on this Site is and shall continue to be the property of SoCreate or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in these Terms. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
User Content: On occasion for purposes including but not limited to contests, testimonials, reviews, and user features, you may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site. We claim no ownership of the intellectual property rights in User Content you provide. Your profile and materials uploaded remain yours. However, by making available any User Content on or through our Site, you agree to allow others to view and share your User Content and you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to use the User Content. We may view, copy, adapt, modify, communicate, publicly display, publicly perform, transmit, stream, broadcast, access such User Content on, through or by means of our Site.
You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that you are the sole and exclusive owner of the content. You represent that you have all rights and licenses to grant SoCreate the rights to use the User Content as presented in these Terms. Use of the User Content on our site must not infringe, misappropriate or violate a third party’s intellectual property rights, rights of publicity or privacy, or result in the violation of any laws or regulations.
We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.
Third-Party Content and Sites: Information and other content provided by third-party licensors and suppliers to SoCreate (Third-Party Content) is, in each case, the copyrighted and/or trademarked work of the owner of such Third-Party Content. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display, edit, alter or enhance any of the Third-Party Content in any manner unless you have permission from the owner of the Third-Party Content.
Our Site contains links to third-party websites or services that are not owned or controlled by SoCreate. SoCreate has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit at the links provided through the Service.
Discontinuance: We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
Disclaimers: THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. SOCREATE DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
Limitation of liability: UNDER NO CIRCUMSTANCES WILL SOCREATE BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
Indemnity: You agree to indemnify, defend and hold SoCreate and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you.
Use of Information: SoCreate reserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
DMCA: SoCreate respects the intellectual property rights of others and we ask our users to do the same. SoCreate complies with all applicable provisions of the Digital Millennium Copyright Act. If you believe your copyrighted material and/or any of your other intellectual property has been copied on our Site, please notify SoCreate’s copyright agent and include the following information in writing:
Your name, address, telephone and e-mail contact information;
Identify the copyrighted work and/or trademark claimed to have been infringed;
Identify the content on SoCreate’s site that you claim infringes your intellectual property;
A description of where the claimed infringing Content is located on our Site (please provide URLs);
A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are authorized to act on behalf of the owner of the intellectual property involved.
SoCreate's Copyright Agent can be reached at dmca@socreate.it or P.O. Box PO Box 5442, San Luis Obispo, CA 93403.
Governing Law; Jurisdiction: Your use of our Site and these Terms are governed by the laws of Delaware. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Delaware and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Our Site may be accessed throughout the United States of America and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside the USA. If you access our Site from outside the USA, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.
General: If any provision of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. SoCreate’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and SoCreate and supersede all prior or contemporaneous negotiations, discussions or agreements between you and SoCreate related to your use of the Site. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bun SoCreate in any respect whatsoever. Provisions that, by their nature, should survive termination of these Terms shall survive termination. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, in any way (by operation of law or otherwise) without the prior written consent of SoCreate. We may transfer, assign, or delegate these Terms and our rights and obligations hereunder without consent.
Contact Us: If you have any questions about these Terms, please get in touch with us at (888) 877-8667 or feedback@socreate.it or P.O. Box PO Box 5442, San Luis Obispo, CA 93403.