The SOUXE Sites are controlled and offered by SOUXE from its facilities in the United States of America. SOUXE makes no representations that any SOUXE Site is appropriate or available for use in other jurisdictions. If you are a non-U.S. resident and you access a SOUXE Site, you do so at your own risk and are responsible for compliance with local laws and regulations. You may not access, download, use or export any SOUXE Site or Content (as defined below) therein in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations.
7. Registered User Access. The Restricted Area of any SOUXE Site is made available to Users that register with such SOUXE Site, as applicable (each, a “Registered User”). Restricted Areas contain confidential, nonpublic information, and are intended only for the use of the individual or entity that has been specifically authorized by SOUXE to view such information. In order to use the Restricted Area for which he, she or it has registered, a Registered User must: (a) provide certain current, complete and accurate information about such Registered User on the applicable registration form (“Registration Data”); (b) maintain and update such Registration Data as required to keep information current, complete and accurate; (c) provide all equipment, including a computer and modem, necessary to establish an Internet connection; (d) provide for such Registered User’s own access to the Internet; and (e) pay any telephone, data, hosting or other service fees associated with such access. SOUXE reserves the right to terminate a Registered User’s account and rights to use any Restricted Area, Content, services, products or events available through an SOUXE Site if any Registration Data provided by such Registered User is untrue, inaccurate, not current or incomplete, or if SOUXE has reasonable grounds to believe that any Registration Data is untrue, inaccurate, not current or incomplete.
8. Username and Password. A Restricted Area can be accessed by Registered Users who have registered to use such Restricted Area, through a combination of a unique username and password designated to each such Registered User when he, she or it registers to use such Restricted Area. Registered Users are responsible for maintaining the confidentiality of their username and passwords. Furthermore, each Registered User is entirely responsible for any and all activities which occur under his, her or its username and password. Each Registered User agrees to immediately notify SOUXE of any unauthorized use of his, her or its account, username or password or any other breach of security known to such Registered User. Although SOUXE will not be liable for losses caused by any unauthorized use of a Registered User’s account, username or password, such Registered User may be liable for the losses of SOUXE or others due to such unauthorized use. A Registered User is solely responsible for (a) any damages or losses incurred by SOUXE or any third party as a result of such Registered User’s failure to maintain the confidentiality of his, her or its username and password; and (b) promptly informing SOUXE in writing of any need to deactivate any username and password due to security concerns.
9. User Conduct. When using any SOUXE Site, you agree that you will not:
- intentionally or unintentionally, violate any applicable local, state, national or international law or regulation;
- defame, abuse, harass, stalk, threaten, embarrass, cause distress, unwanted attention or discomfort, or otherwise violate the legal rights (including, without limitation, rights of privacy and publicity) of any User or SOUXE member or representative;
- impersonate another person or entity, including, but not limited to, another User or SOUXE member or representative, or communicate under a false name or a name that you are not entitled or authorized to use;
- falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other content posted on any SOUXE Site;
- attempt to “crack,” “hack,” “bomb,” manipulate or otherwise gain unauthorized access to other User accounts, SOUXE servers, SOUXE software, or any areas of SOUXE Sites that are not intended for your access;
- harvest, mine or otherwise collect or store personal information about others, including, without limitation, the e-mail addresses and other content of User profiles; or
- solicit for commercial purposes any other Users, except as expressly authorized by SOUXE.
Furthermore, if you have the ability to post or submit any information or content to any SOUXE Site, you agree that you will not post or submit for posting on any SOUXE Site:
- any information or content, unless you have all rights and authority to do so;
- any inappropriate, defamatory, vulgar, obscene, sexually explicit, potentially libelous or slanderous, infringing, harmful, harassing, threatening or illegal content or information that SOUXE, in its sole discretion, views as objectionable (including, but not limited to, text, graphics, audio and video files);
- any statements consisting of personal attacks, or attacks based on another person’s race, national origin, ethnicity, religion, gender, sexual orientation, disability or other such condition or circumstance;
- any surveys, contests, chain letters, pyramid schemes, unnecessarily long messages or repetitive posts, meaningless text, spamming, offensive declarations or other similarly disruptive content;
- any files that contain, or otherwise introduce, viruses, corrupted files or any other similar software, programs or routines that may damage the operation of another’s computer; or
- any unsolicited advertising, promotional materials or other forms of solicitation to Users, individuals or entities, except as expressly authorized by SOUXE.
10. User Generated Content. Users may have the opportunity to post files, information, data, ideas, remarks, questions, comments, materials or other content on a SOUXE Site (collectively “User Generated Content”) or to submit such User Generated Content for posting on a SOUXE Site. User Generated Content does not include User Feedback (as defined below). You understand that, whether or not such User Generated Content is published, SOUXE does not guarantee any confidentiality with respect thereto. You retain all of your ownership rights in your User Generated Content. However, by submitting User Generated Content to any SOUXE Site, you hereby grant SOUXE a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicenseable and transferable license to use, host, cache, store, archive, index, reproduce, publicly perform and publicly display such User Generated Content in connection with such SOUXE Site and SOUXE’s business.
12. Copyright Complaints. SOUXE does not permit copyright infringing activities and other infringement of intellectual property rights on any of the SOUXE Sites, and SOUXE will remove content if properly notified that such content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content in any area of an SOUXE Site infringes upon or otherwise conflicts with your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing SOUXE’s designated Copyright Agent (as defined below) with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number and an electronic mail address;
- 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 the law; and
- a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please contact SOUXE’s designated Copyright Agent at email@example.com to send notifications of claimed infringement. You hereby acknowledge and agree that if you fail to comply with all of the requirements listed above, your DMCA notice may not be valid.
13. User Feedback. SOUXE is pleased to hear from Users and welcomes your comments regarding the SOUXE Sites. If you send SOUXE your feedback, or any creative ideas or suggestions via any SOUXE Site that have not been specifically requested by SOUXE (“User Feedback”), please understand that by submitting such information to SOUXE, you irrevocably assign to SOUXE, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such User Feedback. SOUXE will be entitled to use any User Feedback for any purpose whatsoever without restriction and without compensating you in any way, and by submitting any such User Feedback, you represent to SOUXE that you have the right to do so. All User Feedback will be deemed non-confidential, and we shall not be liable for any use or disclosure of any User Feedback.
14. Trademarks. SOUXE, SOUXE’s logos and other product and service names of SOUXE are trademarks of SOUXE (the “Marks”). You agree not to display, reproduce or otherwise use in any manner the Marks without SOUXE’s prior written permission.
15. Third Party Links. The SOUXE Sites may provide links to other web sites or resources. SOUXE is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. SOUXE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on such external sites or resources. SOUXE provides these links and references to you only as a convenience. Unless otherwise expressly stated, a link does not imply SOUXE’s endorsement, sponsorship or recommendation of, or affiliation with, the linked site or its content, and SOUXE does not accept any responsibility therefore.
18. Disclaimers. USE OF THE SOUXE SITES IS AT USER’S SOLE RISK. THE SOUXE SITES ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. SOUXE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO REPRESENTATIONS AND WARRANTIES AS TO THE ACCURACY OR RELIABILITY OF THE SOUXE SITES OR CONTENT, AS TO THE AVAILABILITY OF THE SOUXE SITES AT ANY PARTICULAR TIME OR LOCATION, AS TO THE CORRECTION OF ANY DEFECTS OR ERRORS IN THE SOUXE SITES, OR THAT CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOUXE CANNOT AND DOES NOT GUARANTEE THAT CONTENT AVAILABLE FOR DOWNLOADING WILL BE FREE OF INFECTION BY VIRUSES OR OTHER HARMFUL COMPUTER CODE, FILES OR PROGRAMS. SOUXE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, INTEGRATION, COMPLETENESS OR TIMELINESS AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. SOUXE MAKES NO WARRANTY THAT THE SOUXE SITES WILL MEET USER’S REQUIREMENTS OR THAT THE SOUXE SITES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, NOR DOES SOUXE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOUXE SITES.
ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY SOUXE SITE IS DONE AT USER’S OWN DISCRETION AND RISK, AND USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM SOUXE OR THROUGH ANY SOUXE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO USERS.
YOU HEREBY AGREE TO RELEASE SOUXE AND ITS THIRD PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SOUXE SITE AND ITS SERVICES OR CONTENT.
21. Security. SOUXE maintains physical, electronic, and procedural safeguards that are designed to protect the SOUXE Sites, our systems and our members’ personal information. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. While SOUXE strives to protect your personal information, SOUXE cannot ensure or warrant the security of any information or content that you transmit to us, and you do so at your own risk. In the event of a breach of the confidentiality or security of your personal information, SOUXE will notify you as necessary so you can take appropriate protective steps.
22. Electronic Communications. When you visit any SOUXE Site or send emails to SOUXE, you are communicating with SOUXE electronically. You consent to receive communications from SOUXE electronically. SOUXE may communicate with you by email or by posting notices on the SOUXE Sites. You agree that all agreements, notices, disclosures and other communications that SOUXE provides to you electronically satisfy any legal requirement that such communications be in writing.
1226 W. South Jordan Parkway Suite A-1 South Jordan, UT 84095
Phone: (801) 528-3060
Fax: (801) 206-9727
EXHIBIT A WEBSITES