Terms of Service
1. Acceptance Of Terms
Softlogue, LLC provides the Web Hosting Service to you subject to our terms of Website Hosting Service (TOS), which may be updated by us from time to time without notice to you. You can review the most current version of our Privacy Policy any time.
2. Description Of The Website Hosting Service
Softlogue provides Website Hosting Service through this portal to be used by the general public. By accessing and using the Website Hosting Service, you accept and agree to be bound by the terms and provision of our website. You also understand and agree that the Website Hosting Service may include certain communications from Softlogue, such as Website Hosting Service announcements and administrative messages and that these communications are considered part of your registration and you will be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Web Hosting Website Hosting Service, shall be subject to our terms of Website Hosting Service. You understand and agree that the Website Hosting Service is provided “AS-IS” and that Softlogue assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Softlogue Website Hosting Service, and that access may involve third-party fees (such as Internet Website Hosting Service provider or airtime charges). You are responsible for those fees, including those fees associated with the domain registration. In addition, you must provide and are responsible for all equipment necessary to access the Softlogue Website Hosting Service.
You understand that the technical processing and transmission of the Softlogue Website Hosting Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Please be aware you must be at least 18 years of age to access and use Softlogue Website Hosting Service.
3. Obligations Of Registration
In consideration of your use of the Softlogue Website Hosting Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Softlogue Website Hosting Service under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Softlogue Website Hosting Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Softlogue has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Softlogue has the right to suspend or terminate your account and refuse any and all current or future use of the Softlogue Website Hosting Service (or any portion thereof).
4. Consent To Data Collection
Registration Data and certain other information about you are subject to our applicable privacy policy. For more information, see the full Softlogue Privacy Policy. You understand that through your use of the Softlogue Website Hosting Service you consent to the collection and use (as set forth in the applicable privacy policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Softlogue and its affiliates.
5. Membership Account, Password And Security
You will receive a password and account designation upon completing the Softlogue Website Hosting Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Softlogue of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Softlogue cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. Membership Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Softlogue, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Softlogue Website Hosting Service. Softlogue does not control the Content posted via the Softlogue Website Hosting Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Softlogue be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Softlogue Website Hosting Service.
You agree to not use the Softlogue Website Hosting Service to:
- a. upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- b. harm minors in any way;
- c. impersonate any person or entity, including, but not limited to, a Softlogue official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Softlogue Website Hosting Service;
- e. upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- g. upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete Privacy Policy;
- h. upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- i. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Softlogue Website Hosting Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- j. interfere with or disrupt the Softlogue Website Hosting Service or servers or networks connected to the Softlogue Website Hosting Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Softlogue Website Hosting Service, including using any device, software or routine to bypass our robot exclusion headers;
- k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
- l. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- m. “stalk” or otherwise harass another; and/or
- n. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
You acknowledge that Softlogue may or may not pre-screen Content, but that Softlogue and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Softlogue Website Hosting Service. Without limiting the foregoing, Softlogue and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Softlogue or submitted to Softlogue.
You acknowledge, consent and agree that Softlogue may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer Website Hosting Service; or (v) protect the rights, property or personal safety of Softlogue, its users and the public.
You understand that the Softlogue Website Hosting Service and software embodied within the Softlogue Website Hosting Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Softlogue and/or content providers who provide content to the Softlogue Website Hosting Service. You may not attempt to override or circumvent any of the usage rules embedded into the Softlogue Website Hosting Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Softlogue Website Hosting Service, in whole or in part, is strictly prohibited.
7. Content Submitted Or Made Available On/To The Softlogue Website Hosting Service
Softlogue does not claim ownership of Content you submit or make available for inclusion on the Softlogue Website Hosting Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Softlogue Website Hosting Service, you grant Softlogue the following worldwide, royalty-free and non-exclusive license(s), as applicable:
- a. With respect to Content you submit or make available for inclusion on publicly accessible areas of Softlogue Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Softlogue Website Hosting Service solely for the purposes of providing and promoting the specific Softlogue Group to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Softlogue Website Hosting Service and will terminate at the time you remove or Softlogue removes such Content from the Softlogue Website Hosting Service.
- b. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Softlogue Website Hosting Service other than Softlogue Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Softlogue Website Hosting Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Softlogue Website Hosting Service and will terminate at the time you remove or Softlogue removes such Content from the Softlogue Website Hosting Service.
- c. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Softlogue Website Hosting Service, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. “Publicly accessible” areas of the Softlogue Website Hosting Service are those areas of the Softlogue network of properties that are intended by Softlogue to be available to the general public.
8. Indemnity
You agree to indemnify and hold Softlogue and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Softlogue Website Hosting Service, your use of the Softlogue Website Hosting Service, your connection to the Softlogue Website Hosting Service, your violation of the TOS, or your violation of any rights of another.
9. Agreement Not To Reuse Softlogue Website Hosting Service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Softlogue Website Hosting Service (including Content, advertisements, Software and your Softlogue ID).
10. Modifications To Softlogue Website Hosting Service
Softlogue reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Softlogue Website Hosting Service (or any part thereof) with or without notice. You agree that Softlogue shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Softlogue Website Hosting Service (or any part thereof).
11. Termination
You may terminate your Softlogue account and access to the Softlogue Website Hosting Service by submitting such termination request to Softlogue.
You agree that Softlogue may, without prior notice, immediately terminate, limit your access to or suspend your Softlogue account and access to the Softlogue Website Hosting Service. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Softlogue Website Hosting Service (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, and/or (f) engagement by you in fraudulent or illegal activities. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Softlogue’s sole discretion and that Softlogue shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Softlogue Website Hosting Service.
Termination of your Softlogue account includes any or all of the following: (a) removal of access to all or part of Softlogue Website Hosting Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Softlogue Website Hosting Service.
12. No Responsibility For Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Softlogue Website Hosting Service, including payment and delivery of related goods or Website Hosting Service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Softlogue shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Softlogue Website Hosting Service.
13. Softlogue’s Proprietary Rights
You acknowledge and agree that the Softlogue Website Hosting Service and any necessary software used in connection with the Softlogue Website Hosting Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Softlogue Website Hosting Service or by advertisers is protected by copyrights, trademarks, Website Hosting Service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Softlogue or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Softlogue Website Hosting Service, such Content or the Software, in whole or in part.
Softlogue grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Softlogue Website Hosting Service. You agree not to access the Softlogue Website Hosting Service by any means other than through the interface that is provided by Softlogue for use in accessing the Softlogue Website Hosting Service.
14. Warranties
You expressly understand and agree that:
- a. Your use of the Softlogue website hosting service and software are at your sole risk. The Softlogue website hosting service and software are provided on an “as is” and “as available” basis. Softlogue and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
- b. Softlogue and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the Softlogue website hosting service or software will meet your requirements; (ii) the Softlogue website hosting service or software will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the Softlogue website hosting service or software will be accurate or reliable; (iv) the quality of any products, website hosting service, information or other material purchased or obtained by you through the Softlogue website hosting service or software will meet your expectations; and (v) any errors in the software will be corrected.
- c. Any material downloaded or otherwise obtained through the use of the Softlogue website hosting service or software is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer system, internet access, download or display device, or loss of data that results from the download of any such material.
- d. No advice or information, whether oral or written, obtained by you from Softlogue or through or from the Softlogue website hosting service or software shall create any warranty not expressly stated in the TOS.
- e. A small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using the Softlogue website hosting service. Certain conditions may induce previously undetected epileptic symptoms even in users who have no history of prior seizures or epilepsy. If you, or anyone in your family, have an epileptic condition, consult your physician prior to using the Softlogue website hosting service. Immediately discontinue use of the Softlogue website hosting service and consult your physician if you experience any of the following symptoms while using the Softlogue website hosting service: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.
15. Limitation Of Liability
You expressly understand and agree that Softlogue and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any punitive, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Softlogue has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Softlogue website hosting service; (b) the cost of procurement of substitute goods and website hosting service; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the Softlogue website hosting service; or (e) any other matter relating to the Softlogue website hosting service.
16. Exclusions And Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 14 and 15 may not apply to you.
17. Third-Party Beneficiaries
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
18. Intellectual Property Information
You agree that all of Softlogue???s copyrights, trademarks, trade names, Website Hosting Service marks and other Softlogue logos and brand features, and product and Website Hosting Service names are trademarks and the property of SOFTLOGUE (the “Softlogue Marks”). Without Softlogue’s prior permission, you agree not to display or use in any manner the Softlogue Marks.
19. General Information
Entire Agreement. The TOS constitutes the entire agreement between you and Softlogue and governs your use of the Softlogue Website Hosting Service, superseding any prior version of this TOS between you and Softlogue with respect to the Softlogue Website Hosting Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Softlogue Website Hosting Service, affiliate Website Hosting Service, third-party content or third-party software.
Choice of Law and Forum. You and Softlogue each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of Texas without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and Softlogue, shall be resolved exclusively through arbitration and by an arbitrator located in the county of Harris, Texas. The arbitrator’s decision shall be final and legally binding and judgment may be entered thereon. Each party shall be responsible for its share of the arbitration fees in accordance with the applicable Rules of Arbitration. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with the arbitrator’s award, the other party is entitled to costs of suit, including a reasonable attorney’s fee for having to compel arbitration or defend or enforce the award. This contract contains a binding arbitration provision which affects your legal rights and may be enforced by the parties.
Waiver and Severability of Terms. The failure of Softlogue to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Softlogue account is non-transferable and any rights to your Softlogue account or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Softlogue Website Hosting Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Section Titles. The section titles in the TOS are for convenience only and have no legal or contractual effect.
20. Violations
Please report any violations of the TOS to our customer care reps at info@softlogue.com.
