By accessing or using the SoshaLife website, the SoshaLife service, or any applications (including mobile applications) made available by SoshaLife (together, the “Service”), however accessed, you agree to be bound by these terms of use (“Terms of Use”). The Service is owned or controlled by SoshaLife LLC (“SoshaLife”). These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service.
There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms of Use. In cases where there is a conflict between these terms and conditions and the special features, the special features shall override the general terms.
We may make changes to these Terms at any time. Any changes we make will be effective immediately when we post a revised version of these Terms on the App. The “Last Updated” date above will tell you when these Terms were last revised. By continuing to use this App after that date, you agree to the changes.
The App is not intended for children under the age of 13 and no person under the age of 13 may use the App. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the App, you affirm you are at least 13 years old.

 

ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND SOSHALIFE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

 

Account Registration
You may browse the App without registering for an account. You will be required to register for an account to use certain features of the App, such as purchasing a ticket or posting pictures from an event attended. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene. Your account username and password are personal to you. You will be responsible for the confidentiality and use of your username and password, and for all activities (including purchases and posts) that are conducted through your account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user’s account without that user’s permission. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password if we believe your account has been compromised or if we receive a complaint that your username offends another person’s rights. You will have no ownership in your account or your username. We may refuse registration, cancel an account or deny access to the App for any such reason.

 

Code of Conduct
You agree that you will comply with all applicable laws, rules and regulations, and that you will not:

    • – Restrict or inhibit any other person from using the App;
    • – Use the App for any unlawful purpose;
    • – Express or imply that any statements you make are endorsed by us, without our prior written consent;
    • – Impersonate any person or entity, whether actual or fictitious, including any employee or representative of our company;
    • – Submit (a) any content or information that is unlawful, fraudulent, libelous, defamatory, or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any non-public information about companies without authorization; or (c) any advertisements, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities or other unsolicited commercial communication;
    • – Submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
    • – Defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
    • – Submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
    • – Engage in spamming or flooding;
    • – Harvest or collect information about App users;
    • – Order a number of tickets for an event that exceeds the stated limit for that event;
    • – Use any password or code to participate in a presale or other offer on the App if you did not receive the password or code from us or if you violate the terms of the presale or offer; or
    • – Use any area of the App for commercial purposes, such as to conduct sales of tickets, products or services.
    • – Create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a “spam”) to any SoshaLife users.

 

USERS SHOULD ALSO NOTE THAT:

 

  • – You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on or via the APP.
  • – In SoshaLife’s sole discretion, violation of these terms of Use may result in termination of your SoshaLife account. You understand and agree that SoshaLife cannot and will not be responsible for the Content posted on the App and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for SoshaLife, we can stop providing all or part of the Service to you.
  • – There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party’s service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. SoshaLife does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that SoshaLife is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an “Application”) and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if SoshaLife has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the SoshaLife Parties (defined below) harmless for activity related to the Application.
  • – You agree that you are responsible for all data charges you incur through use of the Service.
  • – We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with SoshaLife’s express consent).

 

USE OF THE SERVICES
The Services
SoshaLife hereby grants you a non-exclusive, non-transferable, non-sublicensable right to access and use the Services solely for the purposes of browsing the App, and searching for, viewing, registering for, and interacting with, an event that is registered on the App, and posting updates on events, in each case (i) in compliance with this TOU, and (ii) to the extent permitted under all applicable laws and regulations (foreign and domestic). Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly: (i) modify, reproduce or otherwise create derivatives of any part of the Services or App Content (as defined below); (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (iii) rent, lease, resell, distribute or use the Services for timesharing, service bureau, or commercial purposes; (iv) remove or alter any proprietary notices or labels on or in the Services or App Content; (v) engage in any activity that interferes with or disrupts the Services; or (vi) engage in any fraudulent activity or activity that facilitates fraud.

 

Software
If you are allowed to download or use any Software in connection with the Services, SoshaLife hereby grants you a personal, non-transferable, non-sublicensable, revocable, non-exclusive license to use the Software solely for your internal use in connection with the Services, and only in accordance with this TOU and the written instructions/directions (if any) provided by SoshaLife in conjunction with the Software. For purposes of this TOU, “Software” shall mean any and all software that is available on or through the App or otherwise provided by SoshaLife, including without limitation SoshaLiofe’s mobile applications . For clarity, the Software will be deemed a part of the “Services” hereunder.

Downloading or using the Software is at your sole risk. You shall also be responsible for using the Software in a manner that complies with all federal, state and local laws and the rules and regulations of all credit card companies.

The Software and related documentation are “commercial computer software” and “commercial computer software documentation,” respectively. Any use, duplication or disclosure of the Software or such documentation by or on behalf of the Government of the United States is subject to restrictions as set forth in this TOU.

 

Ownership of Content and Grant of Conditional License
The application (App) and all data, text, designs, pages, print screens, images, artwork, photographs, audio and video clips, and HTML code, source code, or software that resides or is viewable or otherwise discoverable on the App, and all tickets obtained from the App, (collectively, the “Content”) are owned by us or our licensors. We own a copyright and, in many instances, patents and other intellectual property in the App and Content. We may change the Content and features of the App at any time.

This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Ownership of Content and Grant of Conditional License section. This license exists only so long as you strictly comply with each of the provisions described in this section. Any use of the App or Content by you or anyone acting on your behalf that does not strictly comply with each and every provision in this section exceeds the scope of the license granted to you herein, constitutes unauthorized reproduction, display, or creation of unauthorized derivative versions of the App and Content, and infringes our copyrights, trademarks, patents and other rights in the App and Content. You will not acquire any ownership rights by using the App or the Content.

The registered and unregistered trademarks, logos and service marks displayed on the App are owned by us or our licensors. You may not use our trademarks, logos and service marks in any way without our prior written permission. You can write to us at: 1006 East 159th Place, Chicago, Illinois 60473

 

We grant you a limited, conditional, no-cost, non-exclusive, non-transferable, non-sub-licensable license to view this App and its Content to purchase tickets as permitted by these Terms for non-commercial purposes only if, as a condition precedent, you agree that you will not:

 

  • – Submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
  • – Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you submit;
  • – Link to any portion of the App other than the URL assigned to the home page of our site;
  • – “Frame” or “mirror” any part of the App;
  • – Modify, adapt, sub-license, translate, sell, reverse, engineer, decompile or disassemble any portion of the App or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Content;
  • – Remove any copyright, trademark or other proprietary rights notices contained on the App;
  • – Use any robot, spider, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Content or the App, including with respect to any CAPTCHA displayed on the App. Operators of public search engines may use spiders to copy materials from the App for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We may revoke this exception at any time and require removal of archived materials gathered in the past;
  • – Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
  • – Access, reload or refresh transactional event or ticketing pages, or make any other request to transactional servers, more than once during any three-second interval;
  • – Make more than 800 reserve requests on the App in any 24-hour period, whether alone or with a group of individuals;
  • – Reproduce, modify, display, publicly perform, distribute or create derivative works of the App or the Content;
  • – Reproduce or scan tickets in a format or medium different from that provided by the App;
  • – Decode, decrypt, modify, or reverse engineer any tickets or underlying algorithms or barcodes used on or in production of tickets or the App;
  • – Use the App or the Content in an attempt to, or in conjunction with, any device, program or service designed to circumvent any technological measure that effectively controls access to, or the rights in, the App and/or Content in any way including, without limitation, by manual or automatic device or process, for any purpose.

 

SoshaLife does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to SoshaLife a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, subject to the Service’s Privacy Policy as regards “Sharing of Your Information”,  “How We Store Your Information”, and “Your Choices About Your Information”. You can choose who can view your Content and activities, including your photos as described in the Privacy Policy.

 

Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that SoshaLife may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.

 

You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.

 

The Service contains content owned or licensed by SoshaLife. SoshaLife Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and SoshaLife, SoshaLife owns and retains all rights in the SoshaLife Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the SoshaLife Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the SoshaLife Content.

 

The SoshaLife name and logo are trademarks of SoshaLife and may not be copied, imitated or used, in whole or in part, without the prior written permission of SoshaLife, except in accordance with our brand guidelines. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of SoshaLife, and may not be copied, imitated or used, in whole or in part, without prior written permission from SoshaLife.

 

Although it is SoshaLife’s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, SoshaLife reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by SoshaLife, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, SoshaLife encourages you to maintain your own backup of your Content. In other words, SoshaLife is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. SoshaLife will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.

 

You agree that SoshaLife is not responsible for, and does not endorse, Content posted within the Service. SoshaLife does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.

 

Except as otherwise described in the Service’s Privacy Policy, as between you and SoshaLife, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with SoshaLife is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place SoshaLife in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of SoshaLife, and SoshaLife will not be liable for any use or disclosure of any Content you provide.

 

It is SoshaLife’s policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, SoshaLife does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that SoshaLife is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.

 

Reporting Copyright and other IP Violations
SoshaLife respects other people’s rights, and expect you to do the same. If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.

 

Mobile Device Application
If you install or use our mobile application, software and services, including any accompanying documentation (collectively, “App”), we grant you a limited right to install and use the App on a single authorized device located in the United States or in another country where we may offer the App. You may use the App for your personal, non-commercial and entertainment purposes only. You agree to also comply with SoshaLife Terms of Use. We do not grant you any rights to any related documentation, support, upgrades, maintenance or other enhancements to the App. We will not provide you with any device, internet access or wireless connection to use the App. We are not responsible for any interaction between you and another App user, or information you transmit through the App (including your location).

 

Making Purchases
Please review our Purchase Policy which will govern your purchase of any tickets or other products through the App, including any refunds or exchanges. We may impose conditions on your use of any coupon, promotional code or gift card. You will pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred, including any applicable taxes. You may only use credit or debit cards, gift cards or vouchers that belong to you or to people who expressly authorize you to use such payment methods. You may not attempt to conceal your identity by using multiple Internet Protocol addresses or email addresses to conduct transactions on the App. You will not hold us liable if you do not comply with laws related to your transactions. We may provide law enforcement with information you provide to us related to your transactions to assist in any investigation or prosecution of you. If we are unable to verify or authenticate any information or tickets you provide during any registration, ordering, purchase, ticket posting, sale, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, your tickets may be cancelled, we may refuse to honor all pending and future ticket purchases made with those credit card or bank accounts and/or via any online accounts associated with those credit card or bank accounts. We may also prohibit you from using the App.

 

Disclaimer of Warranties
THE SERVICE, INCLUDING, WITHOUT LIMITATION, SOSHALIFE CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER SOSHALIFE NOR ITS AFFILIATES NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “SOSHALIFE PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE SOSHALIFE CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO SOSHALIFE OR VIA THE SERVICE. IN ADDITION, THE SOSHALIFE PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

THE SOSHALIFE PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE SOSHALIFE PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SOSHALIFE PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE SOSHALIFE PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.

BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
THE SOSHALIFE PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

Limitation of Liability; Waiver
UNDER NO CIRCUMSTANCES WILL THE SOSHALIFE PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE SOSHALIFE CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE SOSHALIFE PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE SOSHALIFE PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE SOSHALIFE PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE SOSHALIFE PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF SOSHALIFE’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE SOSHALIFE PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE SOSHALIFE PARTIES.

BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, ANY LAW WHICH SPECIFICALLY OR IMPLIEDLY PROVIDES THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

SOSHALIFE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

 

Indemnification
You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at SoshaLife’s request), indemnify and hold the SoshaLife Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by SoshaLife in the defense of any claim. SoshaLife reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of SoshaLife.

 

Arbitration
Except if you opt-out or for disputes relating to: (1) your or SoshaLife’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents);  or (2) breach of the code of conduct, you agree that all disputes between you and SoshaLife (whether or not such dispute involves a third party) with regard to your relationship with SoshaLife, including without limitation disputes related to these Terms of Use, your use of the Service, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration in accordance with the provisions of the Arbitration Act of the United States and the Arbitration law of the state of Illinois. SoshaLife hereby expressly waive trial by jury. As an initial alternative, You may choose to settle the Dispute by Mediation conducted by a Sole Mediator mutually agreed by them and in default of such appointment, the Mediator shall be appointed by the Courts of the State of Illinois. The Parties shall be represented at the Mediation by their representatives who shall have full authority to settle the Dispute. The Parties shall bear the costs of the Mediation in equal shares. You may bring claims only on your own behalf. Neither you nor SoshaLife will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if SoshaLife is a party to the proceeding. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.

You may opt out of this agreement to arbitrate. If you do so, neither you nor SoshaLife can require the other to participate in an arbitration proceeding. To opt out, you must notify SoshaLife in writing within 30 days of the date that you first became subject to this arbitration provision.

You must include your name and residence address, the email address you use for your SoshaLife account, and a clear statement that you want to opt out of this arbitration agreement.

If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with SoshaLife.

Time Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship with SoshaLife must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

 

Governing Law & Venue

These Terms of Use are governed by and construed in accordance with the laws of the United States  and the laws of the state of Illinois without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action at law or in equity relating to the arbitration provision of these Terms of Use, the Excluded Disputes or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with SoshaLife exclusively in a state or federal High Court In the United States or the state of Illinois and to submit to the personal jurisdiction of the courts located in the United States and the state of illinois for the purpose of litigating all such disputes.

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. SoshaLife’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. SoshaLife reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with SoshaLife.

Entire Agreement
If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and SoshaLife and governs your use of the Service, superseding any prior agreements between you and SoshaLife. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of SoshaLife. Any purported assignment or delegation by you without the appropriate prior written consent of SoshaLife will be null and void. SoshaLife may assign these Terms of Use or any rights hereunder without your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.

Territorial Restrictions
The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject SoshaLife to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that SoshaLife provides.

Software related to or made available by the Service may be subject to export controls of the United States and the state of illinois. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country.

The effective date of these Terms of Use is  2016.

These Terms of Use were written in English. To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.