1. Use of Site and Services
You may use the Site and Services only for lawful purposes and in accordance with these Terms. You agree not to use the Site or Services:
- In any way that violates any applicable federal, state, local, or international law or regulation
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation
- To impersonate or attempt to impersonate SoRags, a SoRags employee, another user, or any other person or entity
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site or Services, or which, as determined by us, may harm SoRags or users of the Site or Services or expose them to liability.
2. User Content
Our Site and Services may allow you to submit, upload, publish, or otherwise make available content, including but not limited to text, images, audio, and video (collectively, “User Content”). You retain all rights in, and are solely responsible for, the User Content you submit to our Site or Services.
By submitting User Content to our Site or Services, you grant SoRags a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Site and SoRags’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents, and releases that are necessary to grant to SoRags the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content, nor your submission, uploading, publishing, or otherwise making available of such User Content, nor SoRags’s use of the User Content as permitted herein will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
3. Intellectual Property
The Site and Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by SoRags, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use the Site and Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site
or Services, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Site or Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, and not for further reproduction, publication, or distribution. If we offer social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from the Site or Services.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site or Services.
- Access or use for any commercial purposes any part of the Site or Services or any services or materials available through the Site or Services.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site or Services in breach of the Terms, your right to use the Site and Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. Any unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes.
4. Third-Party Content and Links
The Site and Services may contain links to other websites or resources that are not owned or controlled by SoRags. SoRags has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or resources. You acknowledge and agree that SoRags is not responsible or liable for any damages or losses resulting from your use of such websites or resources or from your reliance on any content, advertising, products, or other materials on or available through such websites or resources.
5. Disclaimer of Warranties
YOUR USE OF THE SITE AND SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE AND SERVICES IS AT YOUR OWN RISK. THE SITE AND SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
NEITHER SoRags NOR ANY PERSON ASSOCIATED WITH SoRags MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE AND SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER SoRags NOR ANYONE ASSOCIATED WITH SoRags REPRESENTS OR WARRANTS THAT THE SITE AND SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE AND SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE AND SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE AND SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
6. Limitation of Liability
IN NO EVENT WILL SoRags, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SERVICES, OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
You agree to defend, indemnify, and hold harmless SoRags, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site and Services, including, but not limited to, your User Contributions, any use of the Site and Services’ content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site and Services.
8. Governing Law and Jurisdiction
All matters relating to the Site and Services and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site and Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the City of Los Angeles and County of Los Angeles, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
9. Waiver and Severability
No waiver by SoRags of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of SoRags to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
10. Entire Agreement
11. Contact Information
If you have any questions about these Terms or the Site and Services, please contact us at email@example.com.