Welcome to www.somainc.com (the “Web site”). This Web site is maintained and operated by SoMA, Inc. (“we”, “us” or “SoMA”).
Use of the Web Site
This Web site is provided for your personal and non-commercial use only. Any other use of the Web site requires the prior written consent of SoMA, Inc. Reliance on any information provided on the Web site is solely at your own risk.
You agree not to post, transmit, or otherwise make available through or in connection with the Web site: (a) any information or materials that are or may be, or the posting, transmission or use of which is or may be: (i) threatening, harassing, degrading, hateful or intimidating; (ii) defamatory or libelous; (iii) fraudulent or tortious; (iv) obscene, indecent, pornographic or otherwise objectionable; or (v) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right; (b) any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking;” (c) any unsolicited or unauthorized advertisements, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation that is not expressly approved by SoMA in advance; or (d) any personally identifiable information of another individual, without the prior consent of such individual.
You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of SoMA in violation of any such restrictions, laws or regulations. You may not access, download, use or export the site, or the materials and content provided on or through the site, in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations.
Forums and Submission
SoMA may offer features through the Web site that enable you to comment and/or post information and materials publicly, for example, through a blog, bulletin board, chat area, or similar forum (collectively referred to herein as “Forums“). All of the rules of conduct described in the Unauthorized Use provision above apply to the Forums. Additionally, without SoMA’s express prior written consent, you may not use the Forums for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use the Forums to solicit other SoMA Web site visitors or users to visit or become members of, subscribe to or register with any commercial online service or other organization.
When you submit or make available any information or materials through the Forums or otherwise through the Web site (“Submissions“), you acknowledge and agree that those Submissions will be non-proprietary and non-confidential, may be made available to the general public, and may be used by SoMA without restriction. You grant to SoMA the worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license, sub-licensable through multiple tiers, without compensation to you, to use, reproduce, distribute (through multiple tiers), adapt (including without limitation edit, modify, translate and reformat), create derivative works of, transmit, publicly display, publicly perform, digitally perform, make, have made, sell, offer for sale and import all Submissions, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section with respect to each Submission, and that your provision of Submissions through the Forums or otherwise through the Web site complies with all applicable laws, rules and regulations. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory.
We reserve the right, at our sole discretion, to edit any Submission and to choose to include or not include such Submission in the Forums or otherwise in the Web site. The Forums include the opinions, statements and other content of third parties. We are not responsible for screening, monitoring or verifying such content, including such content’s accuracy, reliability or compliance with copyright or other laws. Any opinions, statements or other materials made available by third parties through the Forums or otherwise through the Web site are those of such third parties and not of SoMA, and SoMA does not endorse any such opinions, statements or materials. We may remove objectionable statements or other content from the Web site at any time if we deem removal to be warranted. Removal or editing of any Submission or other materials may not occur immediately.
You acknowledge and agree that SoMA has no control over, and shall have no liability for any damages resulting from, the use (including without limitation re-publication) or misuse by any third party of information voluntarily made public through the Forums or any other part of the Web site. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE FORUMS OR OTHERWISE THROUGH THE WEB SITE, YOU DO SO AT YOUR OWN RISK.
Product and Service Offerings
SoMA reserves the right, with or without prior notice, (a) to change product or service descriptions, images and references; (b) to limit the available quantity of any product or service; (c) to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code, incentive offer or other promotion; (d) to prevent or prohibit any user or customer from making any or all transaction(s); and/or (e) to refuse to provide any user or customer with any product or service.
Links to Third Party Sites
For your convenience, this website may link to other sites owned and operated by third parties and not owned or maintained by SoMA. SoMA has no control over these linked sites, which may have separate privacy and data collection practices and legal policies independent of SoMA. SoMA is not and shall not be responsible for the materials or content of any linked sites and makes no representations regarding the content or accuracy of materials or content on such sites. Accessing and using such third party sites is entirely at your own risk.
Limitation of Liability
IN NO EVENT SHALL SOMA, ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE WEB SITE EVEN IF SOMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND YOU AGREE TO INDEMNIFY, DEFEND AND HOLD SOMA HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM AND RELATED TO YOUR USE OF THE WEB SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. SOMA IS NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS, TRANSMISSIONS OR DATA OR FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED. SOMA IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY, OR ANY INFRINGEMENT BY A THIRD PARTY OF ANOTHER’S INTELLECTUAL PROPERTY, PRIVACY OR OTHER RIGHTS. IN NO EVENT SHALL SOMA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEB SITE.YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH SOMA IS TO DISCONTINUE YOUR USE FO THE SITE. YOU AND SOMA HEREBY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.
Governing Law; Venue
Last updated: January 2014