This page explains the terms by which you may use the website and online service of soho.net ("we," or "us"). By accessing or using the soho.net services, website and software provided through or in connection with the service ("Service"), you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement ("Agreement"), whether or not you are a registered user of our Service.

Changes to This Agreement

We reserve the right to amend this Agreement at any time and without advance notice. If we do this, we will post the amended Agreement on this page and indicate at the top of the page the date the Agreement was last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service. This Agreement applies to all visitors, users, and others who access the Service ("Users").

Registration

Registration with soho.net allows you to create a member account but is optional to use the Service. If you choose not to register, you may not be able to use all of the services offered by soho.net. Your account gives you access to the current services and functionality that we maintain as well as new services that we may add from time to time and at our sole discretion.

Your Password

If you register with soho.net, you should keep your password secure and secret. You agree that you are solely liable and legally responsible for all actions taken via your password, whether or not made with your knowledge or authority. If you suspect that someone may have obtained your password, you should change your password.

Use of our services

soho.net grants you permission to use the Service only as set forth in and subject to the terms of this Agreement. If you register and provide us with the user e-mail and the associated password (collectively, "Account Information") for any site you can link to the Service (each a "Networking Site"), you agree that in association with providing you the Services, we may use some or all of your provided Account Information to connect you to the associated Networking Site. soho.net's Service allows you to connect to Networking Sites such as Facebook, Twitter and more. These services vary in the way they allow third parties such as soho.net to connect to them. In all cases, soho.net seeks to provide the user the most private solution possible and to store both your e-mail and password only where necessary to give you seamless access to a particular service from soho.net. For example, Facebook offers an authentication solution for soho.net whereby you login on a Facebook web page and receive an authorization token from Facebook for soho.net but do not provide your Facebook login information directly to soho.net. Other services such as Twitter and many instant messaging services currently do not provide similar solutions.

We store your e-mail (and password as indicated above) on our servers solely for the purpose of allowing you to automatically sign in to your services when you launch soho.net.

Prohibited Actions

You shall comply with all applicable laws and regulations and refrain from violating any rights of soho.net or any third party in connection with this Agreement. Without limiting the generality of the foregoing: (i) you will not copy, distribute, or disclose any part of the Service in any medium; (ii) you will not violate, interfere with, damage, or compromise the integrity or security of the Service, decipher any transmissions to or from the servers running the Service, or remove any proprietary notices from the Service or copies thereof; (iii) you will not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purpose; (iv) you will not decompile, disassemble, reverse engineer, or hack the Service and/or data transmitted, processed or stored by soho.net or by other users, except to the extent expressly permitted by mandatory provisions of applicable law that cannot be contractually derogated from, but then only with thirty (30) days prior written notice to soho.net; (v) you will not sell, sublicense, assign, rent, lease, act as a service bureau or grant rights in the Service to any other person; (vi) you will not use the Service to, or in any way that would, violate any applicable law or regulation, any contract, or any other third-party rights; (vii) you will not upload invalid data, viruses, worms, or other software agents through the Service; (viii) you will not impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity; (ix) you will not attempt to do anything or induce or enable others to do or attempt to do anything prohibited by this paragraph; and (x) you will otherwise comply with the terms and conditions of this Agreement.

You may never use another member's account without permission. You must notify soho.net immediately of any breach of security or unauthorized use of your account. soho.net will not be liable for your losses caused by any unauthorized use of your account. You may be held liable for the losses of soho.net or others due to such unauthorized use.

By providing soho.net your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail, except as otherwise required by mandatory provisions of applicable law that cannot be contractually derogated from. We may also use your email address to send you other messages, such as newsletters or changes to features of the Service. If you do not want to receive such email messages, you may opt out by taking the unsubscribe steps outlined in the email itself. Opting out may prevent you from receiving email messages regarding updates or improvements.

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Service in a manner that sends more request messages to the soho.net servers than a human can reasonably produce in the same period of time by using a conventional online web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Service nor to use the communication systems provided by the Service for any commercial solicitation purposes. You agree to not tamper with any data sent or received by soho.net's services.

Termination or Suspension of Your Access to the Service

soho.net may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability, if you violate any provision of the Agreement or take any action that imposes, or may impose at soho.net's sole discretion, an unreasonable or disproportionately large load on our infrastructure . soho.net may at any time modify, discontinue, or suspend its operation of the Service, or any part thereof, temporarily or permanently, without notice to you. Upon termination or suspension of your access for any reason, you continue to be bound by this Agreement.

User content

Some areas of the Service may allow Users to post feedback, comments, questions, images, videos, and other information ("User Content"). You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, "post") on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.

You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute or contribute to a crime or tort; (iv) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, obscene, hateful, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable; (v) contains any information or content that is illegal; (vi) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (vii) contains any information or content that you know is not correct and current; (viii) in any way obstructs or otherwise interferes with the normal performance of another person's use of the Service; or (ix) is an unsolicited commercial communication not permitted by law. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below), rights of publicity and privacy. soho.net reserves the right, but is not obligated, to reject and/or remove any User Content that soho.net believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer's Guild of America, or any other rights organization.

For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

soho.net takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. soho.net is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree that soho.net shall not be liable for any damages you allege to incur as a result of such content. Pursuant to 47 U.S.C. Section 230 (d) as amended, soho.net hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. The following vendors provide such protections: Net Nanny (http://www.netnanny.com); WebWatcher (http://webwatcherkids.com); Sentry Parental Controls (http://sentryparentalcontrols.com). soho.net does not endorse any products or services available through the referenced vendors.

You are solely responsible for your interactions with other soho.net Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users.

If you post User Content to a third party website using the Service, you should make sure to read the terms of use and privacy policy applicable to such third party site and understand that the third party website's terms of use and privacy policy may be less protective of you than this Agreement and/or soho.net's privacy policy.

License Grant

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, personal license to use the Service. soho.net reserves all rights not expressly granted herein in the Service and the soho.net Content (as defined below). soho.net may terminate this license at any time for any reason or no reason.

soho.net's Proprietary Rights

With the exception of your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the "soho.net Content"), and all Intellectual Property Rights related thereto, are the exclusive property of soho.net and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the soho.net Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.

You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place soho.net under any fiduciary or other obligation, that we are free to disclose the Ideas on a non-confidential basis to anyone or otherwise use the Ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, soho.net does not waive any rights to use similar or related ideas previously known to soho.net, or developed by its employees, or obtained from sources other than you.

Eligibility

This Service is intended solely for Users who are thirteen (13) years of age or older, and any registration, use or access to the Service by anyone under 13 is unauthorized, unlicensed, and in violation of this Agreement. soho.net may terminate your account, delete any content or information that you have posted on the Service, and/or prohibit you from using or accessing the Service (or any portion, aspect or feature of the Service) for any reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 13. If you are under 18 years of age you may use the Service only if you either are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

Privacy

We describe our current practices related to personally identifiable information collected through the Service in our Privacy Policy.

Security

We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify soho.net's copyright agent and to provide the following information in writing:

1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim has been infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Service;
4. Information reasonably sufficient to permit soho.net to contact you, such as your address, telephone number, and, e-mail address;
5. 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 law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
7. The above information must be submitted to the following Copyright Agent: copyright@soho.net

Counter-Notification

If the alleged infringer believes that a notice of copyright infringement has been wrongly filed , the alleged infringer may file a counter-notification with soho.net's Copyright Agent. To be effective, a counter-notification must be a written communication provided to soho.net's Copyright Agent that includes the following information:

1. An electronic or physical signature of the alleged infringer;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. The alleged infringer's name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the alleged infringer's address is outside of the United States, for any judicial district in which soho.net may be found, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person.

Upon receipt of a counter-notification containing the information as outlined in 1 through 4 above:

1. soho.net may promptly provide you with a copy of the counter-notification;
2. soho.net may inform you that it will replace the removed material or cease disabling access to it within ten (10) business days; and
3. soho.net may replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the counter-notification, provided soho.net's Copyright Agent has not received notice from you that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on soho.net's network or system.

Please note that this procedure is exclusively for notifying soho.net and its affiliates that your copyrighted material has been infringed. It may be advisable to contact an attorney regarding your rights and obligations under any applicable laws.

soho.net may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Additional Representations and Warranties

You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following:

1. You are at least 18 years of age, or if you are under 18 years of age you are either an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
2. You have the written consent of each and every identifiable natural person in the User Content to use such person's name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
3. Your User Content and soho.net's use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity.

Third-party websites, advertisers or services

soho.net may contain links to and may allow you to retrieve data from third-party websites, advertisers, or services that are not owned or controlled by soho.net. soho.net has no control over, and assumes no responsibility for, the content (whether or not such content infringes the intellectual property rights of a third party), privacy policies, or practices of any third party websites or services. If you access a third party website from soho.net, you do so at your own risk, and you understand that this Agreement and soho.net's Privacy Policy do not apply to your use of such sites. You expressly relieve soho.net from any and all liability arising from your use of any third-party website or services or third party owned content. Additionally, your dealings with or participation in promotions of advertisers found on soho.net, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that soho.net shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

We encourage you to be aware of when you leave the Service, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

Indemnity

You agree to defend, indemnify and hold harmless soho.net and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or work transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that are submitted via your account; or (vi) any other party's access and use of the Service with your unique username, password or other appropriate security code.

No warranty

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, soho.net, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

soho.net DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE soho.net SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND soho.net WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL soho.net, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL soho.net BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, soho.net ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL soho.net, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE GREATER OF THE AMOUNT (IF ANY) YOU PAID TO soho.net HEREUNDER AND $100.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF soho.net HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

THOSE WHO ACCESS OR USE THE SERVICE DO SO AT THEIR OWN VOLITION AND ARE ENTIRELY RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW, INCLUDING BUT NOT LIMITED TO EXPORT AND IMPORT REGULATIONS.

Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by soho.net without restriction.

General

A. Notification Procedures. soho.net may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by soho.net in our sole discretion. soho.net reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement.

B. Entire Agreement/Severability. This Agreement, together with any other legal notices and agreements published by soho.net via the Service, shall constitute the entire agreement between you and soho.net concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

C. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and soho.net's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Please contact us privacy@soho.net with any questions regarding this Agreement.