Terms and Conditions:
The following describes the terms on which So Much 2 Say offers you access to our services.
Introduction:
Welcome to So Much 2 Say. By using the services on the So Much 2 Say website, you are agreeing to the following terms, including those available by hyperlink, with So Much 2 Say. and the general principles for the websites of our subsidiaries and international affiliates.
Before you may become a member of So Much 2 Say, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and the Privacy Policy. We strongly recommend that, as you read this User Agreement. The agreement that applies on any of our domains and sub domains is always the agreement that appears in the footer of each website.
This Agreement is effective on November 26, 2008, for current users, and upon acceptance for new users.
Using So Much 2 Say:
While using So Much 2 Say, you will not:
Violate any laws, third party rights.
Use our site or services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our site;
circumvent or manipulate our fee structure, the billing process, or fees owed to So Much 2 Say;
Post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
Transfer your So Much 2 Say account (including feedback) and User ID to another party without our consent;
Distribute or post spam, chain letters, or pyramid schemes;
Distribute viruses or any other technologies that may harm So Much 2 Say, or the interests or property of So Much 2 Say users;
copy, modify, or distribute content from the So Much 2 Say website copyrights and trademarks; or
harvest or otherwise collect information about users, including email addresses, without their consent.
Abusing So Much 2 Say:
So Much 2 Say and the Community work together to keep our sites and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us.
Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.
Fees and Services:
Joining So Much 2 Say costs a fee as posted on the “Getting Started” page and is subject to change at any time without notice. When you use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on our Fees schedule, which we may change from time to time. Changes to that Policy are effective after we provide you with at least fourteen days' notice by posting the changes on the So Much 2 Say site. We may choose to temporarily change the fees for our services for promotions or new services, and such changes are effective when we post the temporary promotional event or new service on the site.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our site and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.)
Content:
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
Liability:
You will not hold So Much 2 Say responsible for content, actions or inactions, or messages sent or received. You acknowledge that we are not a traditional message delivery service or email server such Gmail, Yahoo or Hotmail. Instead, the site is a venue to allow anyone to create and receive messages , at anytime, from anywhere, in a variety of formats, such as email, video, letters, fax and telephone. We are not involved in the actual transaction between sender and recipient. We have no control over and do not guarantee the quality, safety or legality of items sent and/or received, the truth or accuracy of users’ content, the ability of sender to create and send messages, the ability of recipients to understand, accept and/or agree with the message received from the sender.
Release:
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "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."
Additionally, you agree that you will not:
take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the site without the prior expressed written permission of So Much 2 Say and the appropriate third party, as applicable;
interfere or attempt to interfere with the proper working of the site or any activities conducted on the site; or
bypass other measures we may use to prevent or restrict access to the sites.
Privacy:
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the So Much 2 Say Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the So Much 2 Say Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services.
Indemnity:
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
No Agency:
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Notices:
Except as explicitly stated otherwise, legal notices shall be served on So Much 2 Say’s national registered agent (in the case of So Much 2 Say) or to the email address you provide to So Much 2 Say during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
Resolution of Disputes:
If a dispute arises between you and So Much 2 Say, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and So Much 2 Say agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the Support page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against So Much 2 Say must be resolved by a court located in San Mateo County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within San Mateo County, California for the purpose of litigating all such claims or disputes.
Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Improperly Filed Claims - All claims you bring against So Much 2 Say must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, So Much 2 Say may recover attorneys' fees and costs up to $1000, provided that So Much 2 Say has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
Additional Terms:
Each of these policies may be changed from time to time. Changes take effect when we post them on the So Much 2 Say site. When using particular services on our sites, you are subject to any posted policies or rules applicable to services you use through the sites, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.
General:
So Much 2 Say is located in San Francisco, Ca. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you through email. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Indemnity and Resolution of Disputes.
You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
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