Here
at Sulia, we are all about finding new and better ways for you to share and
discover information that is interesting and relevant to you. There is a lot
of information out there coming at you in real time. Sulia helps you cut through the irrelevant information and focuses on what you want to see, from the best
sources out there, including your friends. Based on your interests we will
recommend content and sources for you to trust, and then provide their
content to you in a way that makes them easier to consume, repost and otherwise
share with others.
We’re
also all about your rights. Even though you may create and share content
through Sulia, you continue to own all rights to your content and can do
whatever you want with your own content. Once information enters our community
there are an incredible number of ways that it can be shared and used.
We
know that you’ll find Sulia to be a valuable community. As with any community
however, we need to set some guidelines, most of these are basic common sense
and courtesy, but we want to make sure that we’re on the same page. We
strongly encourage you to read these Terms of Use, the Sulia Privacy Policy
and Sulia DMCA Copyright Policy, and other
policies, FAQs and guidelines that we may post (collectively, the “Terms of Use”)
before using http://sulia.com (“Sulia”) and
the services, features, Content (see our definition in Section 7) and
applications offered in connection with Sulia by Sulia, Inc. (“we” or “us”).
These Terms of Use set forth the legally binding terms and conditions for your
use of Sulia. By registering for and/or using Sulia in any manner, including
but not limited to downloading and using the Sulia mobile application, you
agree to these Terms of Use. These Terms of Use apply to all users of Sulia,
including, without limitation, users who are contributors of Content,
information, and other materials or services, registered or otherwise.
1. Eligibility
- By
using Sulia, you promise that you are at least 13 years of age. If you are
under age 13, you may not, under any circumstances, use Sulia.
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Because
we run Sulia for the enjoyment of our users, we may, at our sole discretion,
refuse to offer Sulia to any person or entity and change our eligibility
criteria at any time.
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You
are solely responsible for ensuring that these Terms of Use are in compliance
with all laws, rules and regulations applicable to you and they may be revoked
where these Terms of Use or use of Sulia is prohibited or to the extent the offering,
sale or provision of Sulia conflicts with any applicable law, rule or
regulation.
2. Login/Registration
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While
some features of Sulia are available to unregistered users, for broader access
to Sulia you must register with Sulia by creating a user account (“Account”) or
by logging in using the OAuth protocol, Facebook Connect or other secure means
that we may make available.
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If
you register with Sulia by setting up an Account, you must provide accurate
information for the required fields included on the registration page (such as
email address and a password). You are responsible for updating the accuracy of
the information that you provide to us to be associated with your Account.
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Regarding
usernames, you shall not (i) select or use, as your username, the name of
another person with the intent to impersonate that person; (ii) select or use,
as your username, a name subject to any rights of a person or entity other than
you without appropriate authorization or (iii) select or use, as your username,
a name that is otherwise offensive, vulgar or obscene.
3. Member Profiles
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Your
profile page may also ask for optional information that will help us customize
Sulia to your interests. For example, you can link Sulia to your social
networking accounts, such as Twitter and Facebook. If you elect to link your
Sulia Account to your social network accounts, we may access certain
information from those accounts that you have made available (such as your
name, avatar/picture, biography, etc.), and we will ask you to confirm, save
and/or replace such information to use as the basis of your Sulia profile. By
providing such information, you permit us to communicate with you through third
party social network accounts that you authorize through Sulia.
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We
may also use the information that you make available to us through your profile
and accounts to customize your experience on Sulia. You can always accept,
reject or ignore our recommendations, and can add or remove channels as you explore
Sulia.
4. Account Security
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You
are solely responsible for the activity that occurs on your Account, and for
keeping the password for your Account secure. In other words, don’t share your
account information with others and don’t use someone else’s account without
permission.
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If
you become aware of any breach of security or other unauthorized use of your
Account, please notify us immediately at support@sulia.com.
5. Access Rights
-
By
using Sulia you understand and agree that we, as an agent on your behalf, may
access Content from third party websites and services so that it is available
to you through Sulia, and you give us explicit permission to do so.
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You
agree that any Content that you submit to a third party service, such as
Twitter, may be stored by us at our direction, although we do not undertake any
obligations to maintain such submissions.
6. Rules of Conduct
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Sulia
is a community for like-minded people to share and discover timely information
around their interests and create meaningful relationships. We work hard to
maintain a vibrant and welcoming community for our members and visitors. By
using Sulia you promise not to use the service for any purpose that is
prohibited by these Terms of Use. You are responsible for all of your activity
in connection with Sulia.
We hope that most of these rules are common sense. Basically,
don’t do anything that would harm others or us, and take responsibility for
your actions.
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You
shall not, and shall not permit any third party to, either (i) take any action
or (ii) upload, download, post, submit or otherwise distribute or facilitate
distribution of any Content (including User Content, which we’ve defined in
Section 7) on or through Sulia that:
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infringes
any patent, trademark, trade secret, copyright, right of publicity or other
right of any other person or entity or violates any law or contractual duty (see
the Sulia DMCA Copyright Policy for more information);
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is
unlawful, such as Content that is threatening, abusive, harassing, defamatory,
libelous, fraudulent, invasive of another’s privacy, or tortuous;
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constitutes
unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
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contains
software viruses or any other computer codes, files, or programs that are
designed or intended to disrupt, damage, limit or interfere with the proper
function of any software, hardware, or telecommunications equipment or to
damage or obtain unauthorized access to any system, data, password or other
information of us or any third party;
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impersonates
any person or entity;
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includes
anyone’s identification documents or sensitive financial information; or
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is
otherwise determined by us to be inappropriate in our sole discretion.
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You shall not:
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take
any action that imposes or may impose (as determined by us in our sole
discretion) an unreasonable or disproportionately large load on our (or our
third party providers’) infrastructure;
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interfere
or attempt to interfere with the proper working of Sulia or any activities
conducted on Sulia;
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bypass
any measures we may use to prevent or restrict access to Sulia (or other
accounts, computer systems or networks connected to Sulia);
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run
any form of auto-responder or “spam” on Sulia;
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use
manual or automated software, devices, or other processes to “crawl” or
“spider” any web pages associated with Sulia, or any third party web pages
accessed through Sulia other than to index the site to make it searchable on
the internet;
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harvest
or scrape any Content from Sulia;
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decipher,
decompile, disassemble, reverse engineer or otherwise attempt to derive any
source code or underlying ideas or algorithms of any aspect, feature or part of
Sulia, except to the limited extent applicable laws specifically prohibit such
restriction; and
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modify,
translate, or otherwise create derivative works of any part of Sulia, except as
permitted by the service; or
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otherwise
take any action in violation of our guidelines and policies.
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You shall:
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abide
by all applicable local, state, national and international laws and regulations;
and
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comply
with any technical restrictions of Sulia that allow you to use Sulia only in
certain ways.
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We
respect our members privacy but we reserve the right to access, read, preserve,
and disclose any information as is reasonably necessary to:
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satisfy
any applicable law, regulation, legal process or governmental request;
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enforce
these Terms of Use, including investigation of potential violations hereof;
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detect,
prevent, or otherwise address fraud, security or technical issues;
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respond
to user support requests; or
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protect
our rights, property or safety, or that of our users and the public. This
includes exchanging information with other companies and organizations for
fraud protection and spam prevention.
7. Content
The Sulia
community is about sharing information with other people who share common
interests and to get the most relevant information through our members’
expertise. To further such goal, we encourage our members to write posts,
allow any member to re-post a post through Sulia, through your other social
networks, blog and third party sites, and through our APIs, RSS feeds and other
widgets.
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Definition
“Content”
includes, but is not limited to, URLs, curated URLs, Tweets, Facebook posts,
content, images, videos, audio clips, written posts and comments, information,
data, text, web pages, software, scripts, graphics, and interactive features
generated, provided, or otherwise made accessible on or through Sulia.
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Third Party Materials and Agreements
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Sulia
may permit you to access Content from or to link to other websites, services or
resources on the Internet, and those other websites, services or resources may
contain links to Sulia.
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You
may be able to access, download, store or use third party services, resources, Content
or information (“Third Party Materials”) via Sulia.
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When
you access Third Party Materials on the Internet, you do so at your own risk. You
acknowledge and agree that we: (i) are not responsible for the Content,
functions, availability, legality, appropriateness or accuracy of such Third
Party Materials or the products or services on or available from such Third
Party Materials; (ii) have no liability to you or any third party for any harm,
injuries or losses suffered as a result of your access to or use of such Third
Party Materials; and (iii) do not make any promises to remove Third Party
Materials from being accessed through Sulia.
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Your
ability to access or link to Third Party Materials or third party services does
not imply any endorsement by us of Third Party Materials or any such third
party services.
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User Content
Everything that you post
is yours, but we need rights to use your posts in order to run Sulia. Once you
post something through Sulia, it may be instantly and widely disseminated.
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By
its nature, most of your activity on Sulia is public. You own all of the
original Content that you post or share on Sulia, including all copyright
rights to those materials. In order to run Sulia, however, we and our other
users and entities with which we share Content need rights to your Content, as
described below.
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All
Content added, created, uploaded, curated, submitted, distributed, or posted to
Sulia by users, whether publicly posted or privately transmitted (collectively
“User Content”), is the sole responsibility of the user who originated it.
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You
agree that all Content accessed by you using Sulia is at your own risk and you
will be solely responsible for any resulting damage or loss to you or any other
party.
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When
you delete your User Content, it will be removed from your Sulia Account.
However, you understand that (i) certain User Content will remain available,
(ii) any of your User Content that has been re-posted will not be removed and
will continue to be used in accordance with these Terms of Use, and (iii) any
removed User Content may persist in backup copies for a reasonable period of
time.
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By
submitting User Content through Sulia, you grant us a worldwide, non-exclusive,
royalty-free, fully paid, sublicensable and transferable license to use,
modify, reproduce, distribute, prepare derivative works of, transmit, stream, display,
and perform the User Content in connection with Sulia and our (and its
successors and assigns’) business, including without limitation for promoting
and redistributing part or all of the Sulia service, Content posted on Sulia, and
derivative works thereof, or in any media formats and through any media
channels (including, without limitation, through email, third party websites,
application programming interfaces (APIs) and other types of feeds).
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You
grant each user of Sulia a non-exclusive license to access, use, download,
store, transmit, stream, display, perform and print your User Content through
Sulia, and to use, comment on, reproduce, distribute, display and perform such
User Content.
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You
represent and warrant that you have all rights to grant such licenses without
infringement or violation of any third party rights, including without
limitation, any privacy rights, publicity rights, copyrights, contract rights,
or any other intellectual property or proprietary rights.
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Sulia Content
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Sulia
contains Content specifically provided by us or other content providers and
such Content is protected by copyrights, trademarks, service marks, patents,
trade secrets or other proprietary rights and laws. You shall abide by and
maintain all copyright notices, information, and restrictions contained in any
Content accessed through Sulia.
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Subject
to these Terms of Use, we grant each user of Sulia a worldwide, non-exclusive,
non-sublicensable and non-transferable license to use, download, store, display
and print the Content.
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We
or third party services may place additional limits on your ability to
download, store, display and print the Content.
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If
you wish to use Sulia for commercial purposes, please contact us at
suliachannels@sulia.com.
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Availability of Content
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We
strive to make Sulia an informative, entertaining and clean environment. For
this reason, we do not guarantee that any Content submitted through Sulia will
be published or that it will remain on Sulia after it is published.
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We
have no obligation to monitor Sulia. However, we reserve the right to (i)
remove, edit or modify any Content in our sole discretion, at any time, without
notice to you and for any reason (including, but not limited to, upon receipt
of claims or allegations from third parties or authorities relating to such
Content or if we are concerned that you may have violated these Terms of Use),
or for no reason at all; (ii) remove or block any Content from Sulia and (iii)
place limits on your ability to view, download, save and/or print such Content.
8. Sulia Application License
We may also offer software applications, widgets, plugins, etc. (“Apps”) that
you can download and use. With respect to those downloaded Sulia Apps, the
following additional terms apply.
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License Grant
Subject to your compliance with the terms and conditions of these Terms of Use,
we grant to you a limited, non-exclusive, non-transferable license, without the
right to sublicense, to download and install Sulia Apps on devices that you own
and control and run such copy(ies) of Sulia Apps solely for your personal use. We
reserve all rights, including any copyright and patent rights, in the Sulia application
not expressly granted to you in these Terms of Use.
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Restrictions
You shall not
(i) copy or modify a Sulia App, including, but not limited to adding new
features or otherwise making adaptations that alter the functioning of the Sulia
App; (ii) transfer, sell, rent, lease, distribute, sublicense or otherwise
assign any rights to, or any portion of, the Sulia App to any third party; or
(iii) make the functionality of a Sulia App available to multiple users through
any means, including, but not limited to distribution of Sulia App or by
uploading a Sulia App to a network or file-sharing service or through any
hosting, application services provider or any other type of service. You will
comply with any technical restrictions in the Sulia App that allow you to use
the Sulia App only in certain ways.
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Updates and Upgrades; No Obligation
We are not obligated to maintain or support Sulia
Apps, or to provide you with updates, upgrades or services related thereto. You
acknowledge that Sulia may from time to time in its sole discretion issue
updates or upgrades to Sulia Apps, and may automatically update or upgrade the
version of the Sulia App that you are using. You consent to such automatic
updating or upgrading of Sulia Apps, including on your mobile device, and agree
that the terms and conditions of these Terms of Use will apply to all such
updates or upgrades.
9. Advertising
You
recognize that we are providing Sulia to you without charge. To allow us to do
that, you agree that we and other content providers may include advertising on
Sulia. We may include advertising in connection with Sulia, which may be targeted
to the Content or information on Sulia, your profile information and the type
of Content that you follow, queries made, or other information. The types and
extent of advertising are subject to change.
10. Termination
-
We
may terminate your access to all or any part of Sulia at any time, with or
without cause, with or without notice, effective immediately, which may result
in the forfeiture and destruction of all information associated with your Account.
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If
you wish to terminate your Account, you may do so by following the instructions
in your Account settings or by removing the Sulia application from any device
on which you have it installed.
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All
provisions of these Terms of Use which by their nature should survive
termination shall survive termination, including without limitation, ownership
provisions, warranty disclaimers, indemnity and limitations of liability.
11. Warranty Disclaimer
We can’t possibly monitor everything on Sulia. If you run
across something that you don’t like, we’re sorry. If you think that it
violates these terms, feel free to contact us at abuse@sulia.com.
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You
acknowledge that we have no control over, and no duty to take any action
regarding:
-
which
users gain access to Sulia;
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what
Content you access via Sulia;
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what
effects the Content may have on you;
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how
you may interpret or use the Content; or
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what
actions you may take as a result of having been exposed to the Content.
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We
strive to keep Sulia a clean environment so please inform us of offensive
content by contacting us at abuse@sulia.com.
You release us from all liability for you having acquired or not acquired
Content through Sulia. The Services may contain, or direct you to websites
containing, information that some people may find offensive or inappropriate. We
make no representations concerning any Content contained in or accessed through
Sulia, and will not be responsible or liable for the accuracy, copyright
compliance, legality or decency of material contained in or accessed through Sulia.
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SULIA
AND ALL CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF
ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR
USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS,
EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT
THAT: (I) SULIA WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
(II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE
AVAILABLE AT OR THROUGH SULIA IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
OR (IV) THE RESULTS OF USING SULIA WILL MEET YOUR REQUIREMENTS. SOME STATES DO
NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY
NOT APPLY TO YOU.
12. Indemnification
You shall
defend, indemnify, and hold harmless us, our affiliates and each of their
respective employees, contractors, directors, suppliers and representatives
from all liabilities, claims, and expenses, including reasonable attorneys’
fees, that arise from or relate to your use or misuse of, or access to, Sulia,
Content, or which otherwise arise from your User Content, violation of these Terms
of Use, or infringement by you, or any third party using your Account, of any
intellectual property or other right of any person or entity. We reserve the
right to assume the exclusive defense and control of any matter subject to
indemnification by you, in which event you will assist and cooperate with us in
asserting any available defenses.
13. Limitations of Liability
NO EVENT SHALL WE, OUR AFFILIATES NOR ANY OF THEIR RESPECTIVE DIRECTORS,
EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, SUPPLIERS, REPRESENTATIVES OR CONTENT
PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY
OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO SULIA (I) FOR ANY LOST PROFITS,
DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL,
DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND
WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING); OR (II) FOR ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF
ORIGINATION). NOTWITHSTANDING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL SUCH
LIABILITY EXCEED ANY DAMAGES IN EXCESS OF $50.00. SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
14. Modification
We reserve the
right, at our sole discretion, to modify or replace any of these Terms of Use,
or change, suspend, or discontinue Sulia (including without limitation, the
availability of any feature, database, or Content) at any time by posting a
notice on or within Sulia or by sending you notice through Sulia or by e-mail. We
may also impose limits on certain features of Sulia or restrict your access to
parts or all of Sulia without notice or liability. It is your responsibility to
check these Terms of Use periodically for changes. Your use of Sulia following
the posting of any changes to these Terms of Use constitutes acceptance of
those changes.
15. Miscellaneous
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Governing Law and Jurisdiction
These Terms of Use shall be governed by and construed in accordance with the
laws of the State of New York, including its conflicts of law rules, and the
United States of America. You agree that any dispute arising from or relating
to the subject matter of these Terms of Use shall be governed by the exclusive
jurisdiction and venue of the state and federal courts of New York County, New
York.
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Entire Agreement and Severability
These Terms of Use are the entire agreement
between you and us with respect to Sulia, and supersede all prior or
contemporaneous communications and proposals (whether oral, written or
electronic) between you and us with respect to Sulia. If any provision of these
Terms of Use is found to be unenforceable or invalid, that provision will be
limited or eliminated to the minimum extent necessary so that these Terms of Use
will otherwise remain in full force and effect and enforceable.
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Force Majeure
We shall not be liable for any failure to perform our obligations hereunder
where such failure results from any cause beyond our reasonable control,
including, without limitation, mechanical, electronic or communications failure
or degradation.
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Assignment
These Terms of
Use are personal to you, and are not assignable, transferable or sublicensable
by you except with our prior written consent. We may assign, transfer or delegate
any of its rights and obligations hereunder without consent.
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Agency
No agency,
partnership, joint venture, or employment relationship is created as a result
of these Terms of Use and neither party has any authority of any kind to bind
the other in any respect.
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Notices
Unless
otherwise specified in these Term of Service, all notices under these Terms of
Use will be in writing and will be deemed to have been duly given when
received, if personally delivered or sent by certified or registered mail,
return receipt requested; when receipt is electronically confirmed, if
transmitted by facsimile or e-mail; or the day after it is sent, if sent for
next day delivery by recognized overnight delivery service.
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No Waiver
Our failure to enforce any part of these Terms of Use shall not constitute a
waiver of our right to later enforce that or any other part of these Terms of
Use. Waiver of compliance in any particular instance does not mean that we will
do so in the future. In order for any waiver of compliance with these Terms of
Use to be binding, we must provide you with written notice of such waiver,
provided by one of its authorized representatives.
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Headings
The section
and paragraph headings in these Terms of Use are for convenience only and shall
not affect their interpretation.
16. Contact
You may
contact us: by mail at 10 W. 18th Street, Third Floor, New York, NY 10011 or by e-mail
at support@sulia.com.
Effective Date: October, 2011.