You Accept These Terms
You Accept Changes to These Terms
Ownership and Use
You represent to us that (i) any and all information, photographs, designs, drawings, images, schematics, plans, diagrams, or other things you may from time to time provide us via or upload to your account on the Site or otherwise (“Your Content”) are either your sole and exclusive property or that you otherwise have obtained all necessary consents to provide Your Content to us for purposes related to our business; and (ii) Your Content will be free of any and all disabling devices, bugs, viruses, adware, bots, bugs, rootkits, spyware, Trojan horses, worms, or other malware or anything else that can be disruptive or harmful (collectively, and defined as broadly as possible, “Malware”) to our Site or any other website or any software or firmware, any computer, mobile phone, tablet, or other device or technology. If you breach the foregoing, you will defend, indemnify and hold harmless us and all of our affiliated persons in full for any and all losses, costs, expenses, damages, liabilities and other obligations of every kind that we or our affiliates may suffer or incur (including without limitation attorneys’ fees) as a result thereof; and you agree to advance to us all such indemnifiable attorneys’ fees and other expenses and costs as we may reasonably believe we need to incur in connection with defending, initiating or investigating any lawsuit, arbitration, mediation, investigation or other proceeding related thereto. Your Content will, as between you and us, remain your sole an exclusive property. However, you represent to us that you are authorized to give consent to us, and you hereby do so consent, to use Your Content in connection with our business, including (but not limited to) use on our Site, or in connection with any advertising, marketing, or promotions activities we may undertake, in each case without seeking your prior consent or being required to give you or any other person credit therefor. The Site and all of its content, other than Your Content, shall, as between you and us, be and remain our sole and exclusive property and you shall take no actions in respect thereof that is or would reasonably be understood to be inconsistent with our sole and exclusive ownership.
Your use of the Site and any request for or receipt of or participation in our services is your choice and shall be at your sole discretion and risk. You agree that we shall not be responsible for any harm to your computer, tablet, mobile device, or any other device with which you use the Site or request or receive any service or use any licensed property or other Site-accessible property of ours, or for any loss of data or other harm that does or may result from your use of the Site or participation in any of the services. Notwithstanding anything herein or elsewhere to the contrary, neither we nor any affiliated person of ours makes any representations or warranties: (a) regarding the security, accuracy, reliability, functionality, timeliness, performance or other aspects of the Site or any of the services; or (b) that the Site or any of the services will be error-free or that if there are any errors that they will be corrected either on a timely basis or at all. Neither we nor any affiliated person of ours will have any liability or other responsibility to you for any access or usage charges that are or may be charged by your Internet service provider, wireless carrier, or other similar service provider whose services are related to any device that you use to use the Site or participate in any of the services.
Soapbox, Inc. disclaims any and all liability and other responsibility for any technical or other failures or errors of, on or in any way connected with or related to the Site, any licensed property or other Site-accessible property of ours and/or any of our services, including but not limited to push messages sent erroneously due to technical failures or errors. Soapbox, Inc. anticipates that it will use reasonable efforts to correct any such failures or errors swiftly after discovering them or being informed about them. If you think you have received pushed messages in error or experienced other technical failures, please contact us immediately.
Limitation of Liability
If you ever incur or suffer, or claim to have incurred or suffered, any loss or injury of any kind whatsoever (whether to person, property, reputation, mental or emotional wellness or otherwise) in any way related to or arising from your use of the Site or your participation in any services, your remedy shall be limited to a damages payment not to exceed one hundred dollars ($100) without exception or condition. Notwithstanding the foregoing, if you are part of a group action of any kind seeking a remedy of any kind or nature against Soapbox, Inc. or any affiliated person of ours, your remedy shall be limited to a damages payment of one dollar ($1.00).
In no event will Soapbox, Inc. or any affiliated person of ours be liable to you for any equitable remedy or for any damages or for any other remedy of any kind or nature other than as expressly provided in the preceding paragraph of this section, on any legal, equitable or other theory of liability, responsibility or culpability. Without limiting the generality of the foregoing, we will not be liable to you for any hedonic, indirect, incidental, special, punitive, speculative, or consequential damages arising out of or in connection with your use of the site or participation in our services, whether or not the damages are foreseeable (to any person) and whether or not Soapbox, Inc. has been advised of the possibility of such damages. The foregoing limitation of liability will apply to the fullest extent permitted by law in the applicable jurisdiction, and in no event will Soapbox, Inc.’s cumulative liability (in one matter or in a series of related or unrelated matters) exceed the aggregate of the amount described in the preceding paragraph of this section.
Notwithstanding anything herein to the contrary, we shall not be liable or in any other way responsible for any loss, cost, expense, injury, liability, or other obligation or responsibility of any kind or nature that you or any other person affiliated with you in any way may incur or suffer as a result of your or their use of, reliance on, access to, participation in, or other arrangement or relationship of any kind that is related to any third-party content, information, material, resource, link, website, application, widget, software code, other technology, good, service, or any other thing; or for our assistance (whether actual, alleged or assumed) in conducting transactions by means of this site, including but not limited to any processing of donations via any third-party financial-transaction processors.
Under no condition whatsoever shall we or any affiliated person of ours be responsible for attorneys’ or other fees, expenses, losses, costs, or obligations you (or any representative, agent, attorney, attorney-in-fact, or other person affiliated with you) may incur as the result of your bringing any action, enforcing any right, or seeking any claim or remedy as against us or any affiliated person of ours, whether or not brought in accordance with the terms, except and only to the limited express extent described in following section entitled, “Exclusions.”
Some jurisdictions may not allow the exclusion of certain warranties or the exclusion or limitation of liability for limited, consequential or incidental damages, so the above limitation may not apply to you. The limitations and disclaimers in this section do not purport to limit liability or alter your rights beyond what is permitted by applicable law. For the avoidance of doubt and notwithstanding anything to the contrary herein or elsewhere provided, you agree that our liability shall be limited to the greatest extent permitted by law giving effect to those provisions hereof that are enforceable.
Changes to Site
Unless expressly requested or permitted by Soapbox, Inc., Soapbox, Inc. shall not accept or consider any user submissions either concerning the Site, or by means of the Site and concerning any Personnel, property, purposes, operations or activities of Soapbox, Inc., including (but not limited to) submissions concerning the use, functionality, and look and feel of the Site or the substance or form of any Content. If for any reason (with or without any such express request) you submit any feedback, submission, chat room discussion, virtual forum contribution, idea, design, drawing, suggestion, business plan, proposal or any other submission in respect thereof (each, a “Submission”) you agree and hereby represent and warrant: (i) that you have the sole right and authority to make such Submission and to effect such transfer without needing any consent from or requiring notice to any third party; and (ii) that by doing so you shall thereby irrevocably transfer exclusively to us (without any further action being required by any party, without restriction or condition and without Soapbox, Inc. being required to give any notice or consideration, credit or publicity of any kind to you or any third party) all right, title and interest therein and thereto (including, but not limited to, Intellectual Property and all other rights and indicia of ownership in respect thereof, including (but not limited to) the right to copy, publish, distribute, edit, modify, or create derivative works from and otherwise use the same in any manner or by any medium). Soapbox, Inc. shall not have any duty to maintain all or any portion of any Submission in confidence or to respond to any Submission. Soapbox, Inc. has the right (but not the obligation) to monitor, edit, remove, and/or replace, in its sole discretion, all Submissions from any or all persons.
Without limiting the generality of anything else herein, you represent and warrant to Soapbox, Inc. that: your Submissions will not violate any right of any third party (including, but not limited to) Intellectual Property, privacy and all other rights); that they shall not in any way be libelous or otherwise unlawful; and that they shall not contain any Malware. You hereby assume all responsibility for any Submission you make and acknowledge that Soapbox, Inc. shall in no way be or be deemed to be responsible or to assume any liability therefor.
Your Personal Information
Links to Third-Party Websites
From time to time we may include links on our Site to third-party websites that are not under our control. You acknowledge and agree that we do not, nor can we, nor are we obligated to, nor will we, take any responsibility for any aspect of any such website; and that the same are offered for general informational purposes and convenience of reference only and not as an endorsement of any third-party service or product nor as any endorsement of any cause that any such website may support.
Accuracy of Images and Descriptions
Occasionally information on our Site may contain typographical errors, omissions and inaccuracies of various kinds. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order). We may or may not, from time to time, sell products through the Site; if we ever do sell products through the Site, while we will endeavor to ensure that the visual presentation of those products is portrayed accurately, we cannot guarantee that your computer monitor’s display will be accurate. You agree to not hold us responsible for any such inaccuracies, and that all terms applicable to sales on the Site will be interpreted accordingly.
Dispute Resolution; WAIVER OF JURY TRIAL
Any such Dispute Notice shall be sent by the Disputing Party by nationally recognized overnight courier as follows: if to Soapbox, Inc., to its principal address or email included in the Site; and if to you, to any address you may have provided in connection with any use of the Site or, if none, to any other address that Soapbox, Inc. may otherwise have on record for you, if none, to any address Soapbox, Inc. may be able without unreasonable effort to obtain for you, provided that Soapbox, Inc. need not extend such efforts for more than thirty (30) days. The confirmation of delivery by such courier shall confirm actual receipt of the notice or other communication being thereby delivered.
Any such dispute not first settled between you and us as and within the time provided above, shall be settled solely and exclusively by final and binding arbitration, in the State of Delaware (or in another location in which we may at such time have our principal place of business, in our sole determination). Such arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its applicable rules of practice then in effect by a single arbitrator. Such arbitrator shall be an individual agreeable to you and us; and if such arbitrator is not agreed to by you and us within sixty days after formal initiation of the arbitration proceeding, such arbitrator shall be an individual having reasonable experience in matters of the type provided for in this Agreement and who is chosen by the AAA. Decisions by the arbitrator shall be final and binding, and not subject to appeal. Awards by the arbitrator shall be satisfied by the party responsible therefor within thirty days after the award is rendered; and if any award is not satisfied within such time, the prevailing party may enforce the award in the state or federal courts in the State of Delaware (or in another location in which we may at such time have a place of business, in the sole determination of the party seeking to have the award enforced). For the purposes of an action to enforce an arbitration award, you and we each consent to the sole and exclusive personal jurisdiction of such courts, waive any defense of inconvenient forum and any other defense to such jurisdiction or venue, and consent to service of process in any manner reasonable under the circumstances that is not prohibited by law. The non-prevailing party in any such arbitration shall be responsible for all fees and expenses (including, but not limited to, reasonable attorneys’ fees) of the prevailing party incurred in connection with the arbitration, and/or with any action that may later be required by the prevailing party to enforce an arbitration award; and if each party prevails on at least one point of dispute, then the arbitrator shall allocate responsibility for sharing the aggregate costs of both parties as the arbitrator determines to be equitable, provided that the party with the greater prevailing position shall have the lesser share of the aggregate costs.
Notwithstanding anything herein or elsewhere to the contrary, we shall be entitled to seek equitable relief in any federal or State court in the United States or elsewhere having subject matter jurisdiction without either having to post a bond or first submitting the matter to arbitration or mediation with respect to actual, alleged or threatened breaches by you of any provision here in relating to , alleging, or seeking to enforce any provision concerning indemnification, ownership of our property, or your violation of and provision hereof or of any other Documentation pertaining to keeping our Site free of any Malware, or to interfering with our Site or information security, or to providing us any fraudulent or other materially false information; in any of which case, you (for yourself and your heirs, successors and assigns, and any of your other their affiliated individuals or entities) consent to the jurisdiction of such courts and agree that service of process or notice in any such action, suit or proceeding shall be effective if delivered in any manner not prohibited by law and hereby waive any claim or defense of inconvenient forum or any other defense to any such jurisdiction or venue. The rights set forth in this paragraph are in addition to any other right or remedy available to the party seeking equitable relief, at law, in equity or otherwise.
All obligations of the User in effect prior to any termination hereof, or any suspension or removal of the Site from the Internet shall survive such termination, suspension or removal for all purposes.