1. Your Agreement With SODA.
1) Applicable Law. Your relationship is with SODA, a United States company, and you agree to be bound by the laws of California and the laws of the United States.
3. User Content
The Services consist of interactive features and areas that allow users to create, post, transmit, and/or store content, including but not limited to photos, videos, text, graphics, items, or other materials (collectively, "User Content"). You understand that you are responsible for all data charges you incur by using the Services. You also understand that your User Content may be viewable by others and that you have the ability to control who can access such content by adjusting your privacy settings. And you agree to abide by our Community Guidelines, which may be updated from time to time.
You agree that you are solely responsible for your User Content and any claims arising therefrom, and that SODA is not responsible or liable for any User Content or claims arising therefrom. While we are not obligated to do so, we reserve the right, and have absolute discretion, to review, screen, and delete User Content at any time and for any reason.
You retain all ownership rights in your User Content. However, by submitting User Content to SODA, you hereby grant us an irrevocable, nonexclusive, worldwide, perpetual, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, edit, publish, create derivative works from, distribute, perform, promote, exhibit, and display such User Content in any and all media or distribution methods, now known or later developed (the "User Content License"), subject to any privacy settings you have set to control who can see your User Content.
4. Community Guidelines
Our goal in creating these rules is to accommodate the broadest range of self expression while balancing the need for SODA users to be able to use our service safely and enjoyably.
Don't send people messages they don't want to receive-especially if the message is mean.Be thoughtful about what you send a message and whom you send it to.
Be thoughtful about what you send a message and whom you send it to. It's okay with us if someone takes a screenshot, but we can't speak for you or your friends. SODA attempts to detect screenshots and notify the sender, but it doesn't always work perfectly - and your friend can always capture the image with a camera.
Keep it legal. Don't use SODA for any illegal shenanigans and if you're under 18 or are messaging with someone who might be: keep your clothes on!
What not to send:
- Nudity or sexually suggestive content involving minors (people under the age of 18)
- Minors engaged in activities that are physically dangerous and harmful
- Invasions of privacy
- Harassment or Bullying
Violating these rules may result in the removal of content, the suspension of your account and being prohibited from using SODA in the future. Please take these rules seriously and honor them in the spirit in which they are intended. The rules will change and evolve along with the SODA user community. We will do our best to enforce them consistently and fairly, and ultimately we'll try to do what we think is best in each situation, at our own discretion.
You agree that any feedback, suggestions, ideas, or other information or materials regarding SODA or the Services that you provide, whether by email or otherwise ("Feedback"), are non-confidential and shall become the sole property of SODA. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledging or compensating you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). We like hearing from users, but please do not share your ideas with us if you expect to be paid or want to continue to own or claim rights in them.
6. SODA Content
Unless otherwise stated, all materials contained on or within the Services, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, video clips, and written and other materials (collectively, " SODA Content"), as well as their selection and arrangement, are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws. Unauthorized use of SODA Content may violate such laws and these Terms. Except as expressly provided in these Terms, SODA does not grant any express or implied rights to use SODA Content. You agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, SODA Content, the Services, or any related software, except as expressly stated in these Terms.
You are hereby granted a limited, nonexclusive, non-sublicensable license to access and use the Services and SODA Content. This license is revocable at any time. This license is subject to these Terms and does not include:
- The distribution, public performance, or public display of SODA Content;
- Modifying or otherwise making any derivative uses of the Services or SODA Content, or any portion thereof;
- Use of any scraping, data mining, robots, or similar data gathering or extraction methods;
- Downloading (other than page caching) any portion of the Services, SODA Content, or any information contained therein, except as expressly permitted on the Services;
- Accessing the SODA API with an unauthorized or third-party client; and
- Any use of the Services or SODA Content other than for their intended purposes.
- Any use of the Services or SODA Content other than as specifically authorized in these Terms, without the prior written permission of SODA, is strictly prohibited and will terminate the license to use SODA granted in these Terms.
7. Prohibited Activities
In addition to the other restrictions outlined in these Terms, you agree that you will not:
- Use the Services for any purpose that is illegal, beyond the scope of their intended use, or otherwise prohibited in these Terms or the terms of any third party that govern a particular Service;
- Use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner;
- Compromise the security of the Services;
- Send any unsolicited or unauthorized advertising, spam, solicitations, or promotional materials;
- Use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Services or to extract data;
- Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content, or code of the Services;
- Use or attempt to use another user's account without authorization;
- Attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access;
- Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services without our express written consent to do so;
- Engage in any harassing, intimidating, predatory, or stalking conduct;
- Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Violate the publicity, privacy, or data-protection rights of others, including by taking pictures of another individual without receiving that individual's consent;
- Infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
- Buy, sell, rent, lease, or otherwise offer in exchange for any compensation, access to your SODA account, messages, a SODA username, or a friend link without SODA's prior written consent;
- Develop any third-party applications that interact with User Content or the Services without our prior written consent; and
- Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms.
You further agree to abide by any third-party terms that apply to the Services or when posting reviews of SODA, including the iTunes App Store Terms of Service or the Android Market Terms of Service. Posting SODA usernames in app store reviews is strictly prohibited and may result in us deleting your SODA account.
8. Your License To Use the Services
SODA gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by SODA as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by SODA, in the manner permitted by these Terms.
1) Account Information. You need to create an account with us in order to use our Services. It is your responsibility to keep your log-in credentials secure and you are responsible to SODA for all activities that occur via your account.
9. SODA Rights.
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of SODA and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the SODA name or any of the SODA trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding SODA, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
10. Copyright Policy
SODA respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you 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 (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, SODA will also terminate a user's account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
Attn: Copyright Agent
575 High Street,
Suite 110 Palo Alto, CA 94301
11. Our Disclaimer of Warranties.
1) You acknowledge and agree that by accessing or using the Services, you may be exposed to materials from others that you may consider offensive, indecent, or otherwise objectionable, and agree to accept that risk. Views expressed on our website or through our Services do not necessarily reflect our views. We do not support or endorse certain content posted by you or other users. Certain content from others may be incorrectly labeled, rated, or categorized.
2) Although we do what we can to provide security measures to protect your content, we are not liable for any damages resulting from the disclosure of your content.
3) Disclaimer of Warranties: YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND SODA MATERIALS ARE PROVIDED TO YOU "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. FOR EXAMPLE, WE MAKE NO WARRANTY THAT (a) THE SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES, OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; OR THAT (c) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES, OR MATERIALS WILL BE CORRECTED.
12. Our Limitation of Liability.
Except where prohibited by law, in no event will SODA or the SODA Parties be liable for any indirect, special, punitive, incidental, exemplary, or consequential damages that result from (a) the use of, or inability to use, the Services; (b) the provision of the Services or any materials available therein; or (c) the conduct of other users of the Services, even if SODA has been advised of the possibility of such damages. You assume total responsibility for your use of the Services. Your only remedy against SODA for dissatisfaction with the Services or any content is to stop using the Services. If, notwithstanding these Terms, SODA is found liable to you for any damage or loss that arises out of or is in any way connected with your use of the Services or any content, SODA's liability shall in no event exceed $1.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
13. Settling Disputes with SODA.
1) Any dispute you have with SODA must be resolved by you in a court located in Santa Clara County, California, unless otherwise agreed in writing. You agree to the personal jurisdiction of the federal and state courts located in Orange County, California.
2) Disclaimer: You and SODA each disclaim the U.N. Convention on Contracts for the International Sale of Goods. We both agree it does not apply to the Services.
1) You can stop using our Services at any time.
2) We may add, modify, or remove features or functionalities, and we may suspend or stop a Service. We may also stop providing Services to you, or add or create new limits to our Services at any time.
3) In case there are any fees you paid for or in regards to our Services prior to termination, such fees are not refundable. In addition, termination of your account does not relieve you of any payment obligations.
4) If the Service is terminated or discontinued, then we will make reasonable effort to notify you and provide an opportunity to retrieve your content. If your group administrator terminates your access to a Service, then you may no longer be able to access content that you or other members of the group have posted to a shared workgroup or shared workspace.
15. General Terms
1) Export Control. You acknowledge that the Service, and your use and handling of the Service, are subject to U.S. and international laws, restrictions, and regulations that may govern the import, export, and use of the Service and SODA Content. You agree to comply with all such laws, restrictions, and regulations.
2) English Version. The English version of this agreement will be the version used when interpreting or construing this agreement.
3) Severability: If a court finds any section of the Terms or invalid or unenforceable, the rest of the Terms still apply.
4) No Waiver: If we don't enforce (or we delay enforcement) of the Terms against you, we haven't waived our enforcement rights.
5) Assignment or Transfer: You can't assign or transfer your rights or obligations under this agreement to someone else without SODA's written permission. We can transfer our rights and obligations to you (if we are acquired by or merge with another company, sell one of the Services, or otherwise) without your permission.
6) Entire Agreement. These Terms are the entire and exclusive agreement between SODA and you regarding the Services, and these Terms supersede and replace any prior agreements between SODA and you regarding the Services. We may revise these Terms from time to time. If the revision, in our sole discretion, is material we will notify you via banner notice across its page or other means possible and appropriate for the type of notice provided. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
Effective: Oct 10, 2018