Welcome to the Soshel Terms and Conditions of Use (referred to as “Terms”). This document represents a contractual agreement between you and Soshel LLC.
Last Modified: June 10, 2020
Acceptance
By accessing, viewing, and using the Application, you are agreeing to be bound by these Terms, forming a legally binding commitment between you and Soshel.
While we strive to oversee the Soshel community, we advise using your discretion when engaging with individuals both on and off the app. Our team is dedicated to ensuring your experience is as enjoyable and comfortable as possible.
Restrictions
When registering for an account (“Account”), you must:
Be at least 18 years of age.
Be legally permitted to use the App according to the laws of your home country.
Have no record of being convicted of or having pled no contest to a felony, a sex crime, or any crime involving violence, and that you are not required to register as a sex offender with any state, federal, or local sex offender registry.
Account
Account creation can be performed manually or through Instagram. By using your Instagram login details to create an account, you grant Soshel permission to access, display, and utilize specific information from your Instagram account (such as profile pictures, relationship status, location, education, work, and details about Facebook friends). You fully acknowledge that the details from your Instagram profile will be visible on Soshel.
For a comprehensive understanding of the information collected and how it is utilized, please refer to the privacy policy.
You are responsible for safeguarding the confidentiality of your login credentials for Soshel. You are solely accountable for all activities carried out under your account. If you suspect any unauthorized use of your password or any security breach, please contact us immediately at Support@soshel.org.
If you provide any information that is false, inaccurate, outdated, or incomplete, Soshel reserves the right to suspend or terminate your account and refuse any current or future use of the service. By creating an account or using the service, you agree not to do so if you have previously been removed or banned from Soshel.
Account Deletion
If you wish to delete your account, you can do so by accessing the “Settings” section within the application. In the event that you are a monthly subscriber to Soshel, please manage your in-app purchases through your mobile device platform (iTunes, Google Play) to cancel any paid subscriptions.
You can delete your account at any time by navigating to the “Settings” screen while logged in and selecting the ‘Delete Account’ option. Your account will be promptly and permanently deleted.
Soshel reserves the right to suspend or terminate any account at its sole discretion if there is a belief that the user has violated the terms outlined in this Agreement.
License, Restrictions & Rights Granted by Soshel
Soshel provides you with a personal, revocable, limited, and non-transferable license to use the features and functions of the service, allowing you to reproduce and utilize the App on your mobile device exclusively for your personal use, as intended by Soshel and in accordance with this agreement.
By using the service, you agree to:
Adhere to all relevant laws, including but not limited to privacy laws, intellectual property laws, anti-spam laws, equal opportunity laws, and regulatory requirements.
Comply with the business policies and practices of all listed venues on the App when using the App in a venue.
Use your real name on your profile.
Utilize the services in a professional manner.
You agree not to:
Act in an unlawful or unprofessional manner, including being dishonest, abusive, or discriminatory.
Misrepresent your identity, current or previous positions, qualifications, or affiliations with any person or entity.
Disclose information without the appropriate consent to do so.
Engage in any sales schemes, fraud, or similar deceptive practices.
Express or imply that any of your statements are endorsed by Soshel.
Use any robots, bots, spiders, crawlers, scrapers, site search/retrieval applications, proxies, or other manual or automatic devices and methods.
Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any part of the service, or encourage others to do so.
Use meta tags, code, or other devices containing references to Soshel or the Service (or any trademark, trade name, service mark, logo, or slogan of Soshel) to direct any person to any other website for any purpose.
Probe, scan, or test the vulnerability of our service or any system or network.
Attempt to reverse engineer or compromise the proper functioning of SoshelProperties, or attempt to derive the source code of the software.
Attempt to access secured portions of Soshel Properties to which you do not have access rights.
Use Soshel Properties to generate unsolicited email advertisements or spam.
Use Soshel Properties to stalk, harass, or harm another individual.
Use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on Soshel Properties or the Content contained on any such web page for commercial use without our prior express written permission.
Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
Encourage or promote any activity that violates this Agreement.
The company reserves the right to investigate and take any necessary legal action in response to illegal and/or unauthorized use of the Service, including the termination of your account.
Content
The following content restrictions are in place and will not be permitted:
Content that contains language or imagery that could be deemed offensive or might potentially harass, upset, embarrass, alarm, or annoy any individual.
Obscene, pornographic, or violent content that may offend human dignity.
Abusive, insulting, threatening, or discriminatory content that promotes or encourages racism, sexism, hatred, or bigotry.
Content that encourages illegal activities, including but not limited to terrorism, inciting racial hatred, or content that in itself constitutes a criminal offense.
Defamatory or libelous content.
Content related to commercial activities, including sales, competitions, advertising, links to other websites, or premium line telephone numbers.
Transmission of “junk” mail or “spam” content.
Content containing spyware, adware, viruses, corrupt files, worm programs, or any other malicious code intended to disrupt, damage, or limit the functionality of software, hardware, telecommunications, networks, servers, or other equipment, including Trojan horses or any other material designed to interfere with, intercept, or appropriate any data or personal information, whether from Soshel or elsewhere.
Content or posting that infringes any third party’s rights, including intellectual property rights and privacy rights.
Content that displays another person without their consent.
You are prohibited from displaying any personal contact or banking information on your individual profile page, whether related to yourself or any other person, such as names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card, or other banking details. If you choose to reveal any personal information about yourself to other users, whether via email or otherwise, it is at your own risk. We recommend using the same caution in disclosing details about yourself to third parties online as you would under any other circumstances.
Your Content will be immediately visible to users of the App worldwide. It is crucial to ensure that you are comfortable with sharing the content you post and submit. Your Content may be viewed by other users and any person visiting or participating. By uploading Your Content on Soshel, you represent and warrant to us that you have all necessary rights and licenses to do so, and you automatically grant us a non-exclusive, royalty-free, perpetual, worldwide license to use Your Content in any way, including but not limited to editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing, and otherwise making such Content available to the general public, whether in whole or in part and in any format or medium currently known or developed in the future.
We reserve the right to assign and/or sublicense the above license to our affiliates and successors without any further approval from you.
We retain the right to remove, edit, limit, or block access to any of Your Content at any time, and we are not obligated to display or review Your Content.
Other Users’ Content
Other members of Soshel will share content via the App. Member Content belongs to the user who posted it and is stored on our servers and displayed via the App as directed by the user providing the Member Content.
You do not have any rights concerning other users’ Member Content, and you may only use other Soshel users’ personal information to the extent that your use aligns with Soshel’s purpose of facilitating connections between people. You may not use other users’ information for commercial purposes, spamming, harassment, or making unlawful threats. We reserve the right to terminate your account if you misuse other users’ information.
Member Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act of 1998. If you have a complaint about Member Content, please refer to the Digital Millennium Copyright Act section below for more information.
Soshel’s Content
Any text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property on Soshel are owned, controlled, or licensed by us and are protected by copyright, trademark, and other intellectual property law rights. All rights, title, and interest in and to Our Content remain with us at all times.
Purchases
Soshel may provide products and services for purchase (“in-app purchases”) through platforms like iTunes, Google Play, or other application platforms authorized by Soshel (each referred to as a “Software Store”). If you choose to make an in-app purchase, you will be asked to provide your account details for your Software Store (“your IAP Account”), and your IAP Account will be charged for the in-app purchase according to the terms disclosed to you at the time of purchase, as well as the general terms for in-app purchases that apply to your IAP Account. Depending on your location, some Software Stores may charge you sales tax. If you purchase an auto-recurring periodic subscription through an in-app purchase, your IAP Account will continue to be billed for the subscription until you decide to cancel. After the initial subscription commitment period and any subsequent subscription period, your subscription will automatically renew for an additional equivalent period, at the price agreed upon when subscribing. If you do not want your subscription to renew automatically, or if you wish to change or terminate your subscription, you must log in to your IAP account and follow the instructions to cancel your subscription, even if you have deleted your account with us or removed the Soshel application from your device. Deleting your account on Soshel or removing the Soshel application from your device does not cancel your subscription; Soshel will retain all funds charged to your IAP Account until you cancel your subscription through your IAP Account. Your subscription to Soshel’s Premium Services will automatically renew until you decide to cancel in accordance with such terms, except in the case of Soshel’s “comments” where there will be no automatic renewal.
Refunds
If you subscribed to Soshel using your Apple ID: To request a refund, go to iTunes, click on your Apple ID, select “View Apple ID,” sign in if prompted, choose “Purchase History,” find the transaction, and tap “Report Problem.”
If you subscribed to Soshel using your Google Play Store Account: Please tap the “Email us feedback” button from the Settings screen within the app and provide us with the order number. You can find the order number in the order confirmation email from the Google Play Store.
Interactions with other Users
User Responsibility: You are solely responsible for your interactions with other users of the Services and any other parties with whom you engage through the Services. Soshel reserves the right, but is not obligated, to intervene in such disputes. You agree that Soshel will not be liable for any consequences resulting from such interactions. You understand that Soshel does not currently conduct criminal background checks on its users or attempt to verify the statements of its users. Soshel makes no representations or warranties about the conduct of its users or their compatibility with any current or future users. Soshel retains the right to conduct criminal background checks or other screenings (such as sex offender register searches) at any time using available public resources.
Content Provided by Other Users: The Soshel Properties may contain content provided by other users (“User Content”). While we strive to moderate profile content, Soshel is not responsible for nor does it control User Content, including the accuracy or completeness of any user’s profile information. You use all User Content and interact with other users at your own discretion. In connection with the Services, we have implemented a policy for the review and removal of Prohibited Content that has been reported to us. Under this policy, we may suspend and/or terminate users who upload Prohibited Content. If you believe that one of our users is uploading or displaying Prohibited Content through the use of our Service, please contact us at Support@soshel.org.
Push Notifications; Location-Based Features: We may send you emails, text messages, push notifications, alerts, and other messages related to the App and/or other services, such as updates, offers, products, events, and promotions. Upon downloading the App, you will be prompted to accept or decline push notifications/alerts. If you decline, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be sent to you automatically. If you no longer wish to receive push notifications/alerts from the App, you can opt out by adjusting your notification settings on your mobile device. Regarding other forms of messaging or communications, such as emails or text messages, you can unsubscribe or opt out by following the specific instructions included in such communications or by contacting us at Support@soshel.org.
The App may provide access to or offer opportunities for you to view specific content and receive other products, services, and materials based on your location. To facilitate these opportunities, the App will determine your location using one or more reference points, such as GPS, Bluetooth, and/or software within your mobile device. If you have disabled GPS, Bluetooth, or other location-determining software on your mobile device or if you do not authorize the App to access your location data, you will not be able to access location-specific content, products, services, and materials. For more information on how the App uses and retains your information, please review the Privacy Policy.
Disclaimer
The Soshel Properties and all other features on the Service are provided to you “as is” and “as available” without any warranty, either express or implied, including but not limited to fitness for a particular purpose, title, or non-infringement with respect to the Soshel Properties and/or content. If applicable law does not permit the exclusion of express or implied warranties as stated above, Soshel grants the minimum express or implied warranty required by such applicable law. No advice or information, whether oral or written, obtained by you from Soshel, its employees, agents, suppliers, or any other persons will create any warranty, representation, or guarantee not expressly stated in this section. Additionally, Soshel does not make any warranties that the service will be uninterrupted, secure, or error-free, or that your use of the service will meet your expectations, or that the Soshel Properties, content, or any portion thereof, is correct, accurate, or reliable. Soshel reserves the right to change any part of the Soshel Properties at any time without notice.
Indemnity
You are responsible for your actions and the information you post on Soshel. You agree to indemnify and hold the Company, its subsidiaries, and affiliates, as well as its and their officers, agents, partners, and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising from your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any postings or Content you post in the Service, and the violation of any law or regulation by you. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in connection therewith.
Digital Millennium Copyright Act
Soshel is committed to respecting and protecting the legal rights of copyright owners. As such, Soshel adheres to the following notice and takedown policy in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe any of the Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a “DMCA Takedown Notice”). To be valid, a DMCA Takedown Notice must (i) be provided to Soshel’s designated agent, (“Copyright Agent”), as set forth below, and (ii) include the following:
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;
Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access 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, if available, an electronic mail;
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, under penalty of perjury, the information in the notification is accurate, and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Soshel’s Copyright Agent to receive DMCA Takedown Notices is: email: Support@soshel.org.
Limitations of Liability
Your use of the Soshel Software is at your own risk. Neither Soshel, its affiliates, nor any of their respective officers, directors, agents, or other representatives will be liable for any damages, direct, indirect, incidental, consequential, special, or punitive, including, without limitation, loss of data, income, profit, or goodwill, loss of or damage to property, and claims of third parties arising from your access to or use of the Soshel properties or resulting from any action taken in response to or as a result of any content or other information available on the Soshel properties, regardless of the cause, whether based on breach of contract, tort (including negligence), proprietary rights infringement, product liability, or otherwise. This applies even if Soshel was advised of the possibility of such damages. If you become dissatisfied in any way with the Soshel properties, these terms, or its privacy policy, your sole and exclusive remedy is to discontinue your use of the Soshel properties. By using the Soshel properties, you waive any and all claims against Soshel and its affiliates, agents, representatives, and licensors arising from your use of the Soshel properties. These provisions may not apply to you if your state does not allow the disclaimer of implied warranties or the exclusion or limitation of certain types of damages.
Arbitration and Governing Law
The exclusive means of resolving any dispute or claim arising out of or related to this Agreement (including any alleged breach thereof) or the Service shall be BINDING ARBITRATION administered by the American Arbitration Association. The only exception to the exclusivity of arbitration is your right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. However, whether you choose arbitration or small-claims court, you may not commence or maintain any class action, class arbitration, or other representative action or proceeding against the Company.
By using the Service, you agree to the above arbitration agreement. Therefore, YOU WAIVE YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but please note that arbitration proceedings are typically simpler and more streamlined than trials and other judicial proceedings. Arbitration decisions are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, refer to our Arbitration Procedures.
If, for any reason, this arbitration agreement is held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be initiated only in the federal or state courts located in Dallas County, Texas. You consent to the jurisdiction of those courts for such purposes. This Agreement and any dispute between you and the Company shall be governed by the laws of the state of California, without regard to principles of conflicts of law, with the arbitration agreement governed by the Federal Arbitration Act.
Third-Party Services
The Service may include advertisements and promotions offered by third parties and links to other websites or resources. Soshel is not responsible for the availability (or lack thereof) of such external websites or resources. If you choose to engage with the third parties made available through our Service, the terms of such parties will govern their relationship with you. Soshel is not responsible or liable for the terms or actions of such third parties.
Miscellaneous / Entire Agreement
This Agreement, including the Privacy Policy, the Safety Tips, and any terms disclosed to you when you purchase or have purchased additional features, products, or services offered on the Service, constitutes the entire agreement between you and Soshel regarding your relationship with Soshel and the use of the Service.
These Terms, and any rights and licenses granted hereunder, cannot be transferred or assigned by you but may be assigned by Soshel without restriction. Soshel’s failure to enforce any provision of these Terms will not be deemed a waiver of such provision or the right to enforce such provision. If any part of these Terms is deemed invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms will continue in effect. A printed version of these Terms and any notice given in electronic form will be admissible in judicial or administrative proceedings based on or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All electronically completed contracts will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.