Terms and Conditions
Revised and in effect as of Septemper 20, 2019.
1. Acceptance of Terms
Soohba welcomes you to its online service and community. Please read these Terms of Service “TOS” before using the services we provide on our website (www.Soohba.com, the “Site”) or mobile applications (the “Soohba App” or “App”), collectively, the “Service”.
By using Soohba and the Service you are agreeing to the following TOS whether or not you are a registered member of Soohba.
THE MOST CURRENT VERSION OF THE TOS, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO TERMS OF SERVICE, AND Soohba RESERVES THE RIGHT TO CHANGE THE TOS AT ANY TIME. YOU WILL RECEIVE A NOTIFICATION OF REVISIONS AND AFTER RECEIPT OF THE NOTIFICATION YOUR CONTINUED USE OF THE SERVICE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES TO THIS AGREEMENT.
In addition, when using any Soohba owned or operated Services, you shall be subject to any posted policies, guidelines or rules applicable to such Services. All such policies, guidelines and rules are hereby incorporated by reference into the TOS. You further agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this agreement.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF SERVICE, PLEASE DO NOT ACCESS OR USE ANY PART OF THE Soohba WEBSITE OR MOBILE APP.
2. Description of Service
Soohba makes available a collection of resources to its registered and non-registered users (collectively referred to herein as the “Service”). Registered users can create Content (as defined by Section 4 below) as well as edit and comment on Content. They can also like, read and comment on other user’s Content. Non-registered users can browse topics, profiles and other people’s Content of interest.
THE SERVICE IS PROVIDED "AS IS" AND Soohba ASSUMES NO RESPONSIBILITY FOR TIMELINESS, MIS-DELIVERY, OR FAILURE TO STORE ANY COMMUNICATION, WRITING, IMAGE OR PERSONALIZATION SETTINGS.
Unless explicitly stated otherwise, any new features which augment or enhance any existing Service, any new Services and enhancements to Soohba, including the release of new Soohba properties, are subject to the then current TOS.
You may only use the website or App for purposes expressly permitted by the TOS. As a condition of your use of our Services, you represent and warrant to us that you will not use the Website and/or the App for any purpose that is unlawful or prohibited by this TOS.
You alone are totally responsible for any activity that takes place on Soohba.com or on the Soohba App under your name and password. If you become aware of any unauthorized use of your user login information it is your responsibility to notify Soohba immediately. It is up to you to maintain the confidentiality of your password and username.
You accept that by connecting your Soohba account with other sites such as Facebook, Gmail, Youtube, Twitter, you are bound by the terms of service, which govern your use of those sites/providers. The Terms of Service for some of the key websites that you can access via Soohba can be found at:
The above list is not a comprehensive list. Depending on the features you use on Soohba you may be subject to the terms of service of other third-party providers. You are expected to familiarize yourself with those terms of service.
You understand that you may receive business-related communications from Soohba such as Service announcements and account administrative notices and you agree that these communications are not "unsolicited commercial email advertisements" and thus you agree to receive them and you will not be able to opt out of receiving such communications.
As a user of the Service you also understand and agree that the Service will include advertisements while you use the Site or App. You agree by consenting to this TOS that display of such advertisements are "unsolicited advertisements" and thus you agree to receiving them when using the Site or the App.
You understand and agree that your correspondence or business dealings with, or participations in promotions of, advertisers found on or through the Service, including payment and delivery of goods or Services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser. You agree that Soohba shall not be responsible or liable for any loss or damage incurred as the result of such dealings or as the result of the presence of such advertisers on the Service.
You understand that you are responsible for obtaining access to the Service and that access may involve third party fees. You are totally responsible for obtaining such access and paying those fees.
YOU MUST BE AT LEAST 13 YEARS OF AGE TO ACCESS AND VIEW THE SERVICE, AND MUST BE AT LEAST 18 YEARS OF AGE TO ACCESS AND USE ANY "ADULT" DESIGNATED PORTIONS OF THE SERVICE. IF YOU UNDER 13 YEARS OLD, DO NOT USE THIS SERVICE FOR ANY PURPOSE.
3. Your Responsibilities
We make every effort for you to have a safe experience with Soohba, but we cannot guarantee it. We need your help to keep Soohba safe, which includes the following commitments by you:
WHILE Soohba EXPLICITLY PROHIBITS THE ABOVE CONDUCT YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT AND THAT YOU USE THE SERVICE ENTIRELY AT YOUR OWN RISK, AND THAT Soohba SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT.
YOU UNDERSTAND AND AGREE THAT IF YOU VIOLATE ANY OF THE CONDITIONS ABOVE, Soohba CAN TERMINATE YOUR USE OF THE SERVICE IMMEDIATELY WITHOUT PRIOR NOTICE.
As a registered user, you will be able to upload and post a great variety of Content, including but not limited to text, audio, video, photographs, graphics and other materials ("Content"). This means that you have sole responsibility, not Soohba, for all Content that you upload post, email, transmit or otherwise make available through the Service, and to make sure that you are in compliance with the Rules of Behavior relating to such Content. Any Content that you write, post, upload or link to on this Site or the App is entirely your responsibility.
Soohba shall have no liability of any kind with respect to any Content posted by you or other users of the Service. You agree that you must assess and bear all risks associated with your use of any Content. In this regard, you may not rely on any Content created by other Soohba members or otherwise created, distributed and displayed on any part of the Service. Soohba does not control or monitor the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
The Content created by you must be owned by you or you must have been granted the prior permission to use such Content by its owner. Soohba does not own any of the Content you post. By placing Content on the Service you are providing Soohba with a worldwide, royalty-free, unlimited, non-exclusive license, for as long as the Content is part of your profile, to publicly display, modify, reproduce and distribute your Content on the site for editorial and promotional purposes of the site. Soohba reserves the right to syndicate or promote this Content in connection with the promotion of the Service and other Services offered by Soohba.
APIs and Other third-party services
By agreeing to the Soohba TOS you accept that the Content you choose to include through Soohba.com and our Soohba App meets the requirements listed in the Terms of Service of the website or platform from which Content is taken or is shared.
Copyright and Infringement
Unless you make it clear that specific Content you post cannot be copied or used by any other users of the Service, you agree that by posting Content you own on the Service, all other users can reproduce and use such Content in connection with the Service. Soohba shall have no responsibility for enforcing any rights you may claim in any Content, which shall be your responsibility entirely, and you agree to hold harmless and indemnify Soohba with respect to any claim you have that other users are reproducing or using your Content as well as for claims by other users that you are reproducing or using their Content without permission. Soohba will not arbitrate, mediate or resolve any intellectual property or other disputes between users, and has no responsibility for doing same.
You acknowledge that Soohba may or may not review Content but that Soohba and its designees shall have the right, but not the obligation, in its sole discretion to move and/or delete, any Content that violates the TOS or is otherwise objectionable as determined by Soohba in its sole discretion.
Soohba respects the intellectual property of others and we request our users do the same. In certain circumstances and at its discretion, Soohba may, but is not obligated to disable, suspend and terminate the accounts of members who may be infringing on the rights of others.
5. Content Collection, Retention and Deletion
Soohba may preserve and store your account information and Content if it believes in good faith that such preservation is necessary to comply with legal processes or obligations or when it is in the public interest.
Should you choose to delete your Soohba account please reach out to us at help@Soohba.com with a request to delete your account. We will delete your account and your personal data will be securely deleted in accordance with the law. Please note, that in some instances if you have provided content that was also made available through third-providers we cannot delete content from their sites, and it is your responsibility to request the respective site to delete such data.
The Service may provide, or third parties including Soohba members, may provide links to other World Wide Websites or resources, which are not maintained by, or related to Soohba. Links to such sites are provided as a service to our users and are not sponsored by, endorsed or otherwise affiliated with Soohba. Soohba has no control over these sites and Content and makes no representations or warranties about the content, completeness, quality or accuracy of any such website. Therefore, you acknowledge and agree that Soohba is not responsible for the availability of such links, resources and Content, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials made available on or from these linked websites.
You also acknowledge and agree that Soohba is not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by or in relation to the use of any Content, goods or services offered through these links or any failures and/or disruption to your computer system that results from your use of any such links, or for any intellectual property or other third party claims relating to your posting or using such links. YOU AGREE THAT IF Soohba REQUESTS YOU TO DISABLE ANY LINK YOU HAVE POSTED AND YOU FAIL TO DO SO WITHIN 24 HOURS AFTER RECEIVING THE REQUEST TO DISABLE, Soohba HAS THE RIGHT TO DISABLE THE LINK WITHOUT ANY FURTHER NOTICE TO YOU.
You agree to indemnify and hold Soohba, its subsidies, affiliates, officers, agents, and other partners and employees, harmless from any and all loss, liability, claim, or demand, including actual attorney's fees and costs, made by or arising out of your use of the Service in violation of the TOS and/or your violation of any rights of another.
8. No Resale of Service
You agree not to, without the express prior written consent of Soohba:(a) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service or Content you do not own, (b) use the Service or Content you do not own, or (c) access to the Service or Content you do not own.
9. Modification and Termination of the Service
Soohba reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Soohba will not be liable to you or any third party for any modification, suspension or discontinuance of the Service.
In order to use certain aspects of the Service you are required to register. We refer to registered users as “members”. Registered users are subject to the following specific terms in addition to all of the other terms in this Agreement:
12. Practices Regarding Limits to Use and Storage of Content
You acknowledge that Soohba may establish general practices and limits regarding use of the Service including, without limitation, the maximum number of messages which may be sent or received from an account of the Service, the maximum size of any message that may be sent from or received by an account of the Service, the maximum amount of disk space that will be allotted on Soohba's servers on your behalf, and the maximum number of times and duration for which you may access the Service in a given time. You agree that Soohba has no responsibility or liability for the deletion or failure to store or transmit any messages or communications or other Content maintained or transmitted by the Service.
You acknowledge and agree that Soohba reserves the right to log off accounts and deactivate usernames and accounts that are inactive for an extended period of time. You further acknowledge that Soohba has the right to modify these practices and limits from time to time consistent with applicable laws and regulations.
13. Soohba Proprietary Rights; Trademarks and Copyrights
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is the property of Soohba and its licensors and is protected by applicable intellectual property and other laws. No rights or title of to any of the Software used in connection with any Service is provided, transferred or assigned to you. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Service or advertisers is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Soohba or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or Software, in whole or in part. You also acknowledge Soohba's exclusive rights in the Soohba trademark and service mark. Trademarks, service marks, logos, and copyrighted works appearing in this Site or App are the property of Soohba or the party that provided such intellectual property to Soohba. Soohba and any party that provides intellectual property to Soohba retain all rights with respect to any of their respective intellectual property appearing in this Site or App, and no rights in such materials are transferred or assigned to you.
14. No Co-Branding or Framing
You may not use or authorize any party to co-brand or frame Soohba or any Service without the express prior written permission of an authorized representative of Soohba. For purposes of the TOS, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this Site or on the App. For purposes of the TOS, "framing" refers to displaying any Soohba webpage or Service within a bordered area of another website, regardless of whether the address of the originating Soohba is visible. You further agree to cease any unauthorized co-branding or framing immediately upon notice from Soohba.
15. Disclaimer of Warranties
The use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. Soohba EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Soohba MAKES NO WARRANTY THAT (1) THE SERVICE WILL MEET YOUR REQUIREMENTS., (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE SERVICE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH YOUR USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (5) THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
No advice or information, whether oral or written, obtained by you from Soohba or through or from the Service shall create a warranty not expressly stated in the TOS.
16. Limitation of Liability
Soohba, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF Soohba HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY FORSEEABLE OR Soohba WAS GROSSLY NEGLIGENT. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF Soohba AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO Soohba FOR THE APPLICABLE SERVICE OUT OF WHICH SUCH LIABILITY AROSE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, Soohba'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
17. Services Relating to Financial Matters
If you receive or request any news, messages, or other information from the Service concerning stock quotes, companies, investments, or securities remember that the Service is provided for entertainment purposes only, and no Content included or information made available in the Service is intended for trading or investing purposes. Soohba and its licensors shall not be responsible for or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment analyses, decisions or actions made by you or any users based on such information or Content.
18. Personally Identifiable Information
19. Disclosures Required By Law
It is our policy to release a users’ personal identifying information and any other information when we reasonably believe such disclosure is appropriate to comply with applicable law, to enforce any of our contracts or agreements, to protect the rights, property or safety of our users and members, in response to a governmental authority request or legal process, or for purposes of fraud protection.
BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS AND AGREE TO HOLD Soohba HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY Soohba DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER Soohba OR LAW ENFORCEMENT AUTHORITIES.
If there is any dispute about or involving the website and/or the Service, you agree that any dispute shall be governed by the laws of the State of California without regard to conflict of law provisions. You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Soohba exclusively in the U.S. District Court for the Northern District of California or a state court located in San Mateo County, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THE TOS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
21. General Terms
Soohba may revise this TOS at any time by updating this posting. When we amend the TOS you will receive a notification informing you that the TOS is revised and requesting you to review the new terms. Your continued use of this website after you are notified of the changes signifies and confirms your acceptance of any such changes or amendments to the TOS.
The section titles in the Agreement are for convenience only and have no legal or contractual effect.
Nothing contained in the TOS shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
These Terms of Service are not assignable, transferable, or sublicensable by you except with Soohba's prior written consent. Soohba may assign this Agreement in whole or in part at any time without your consent.
All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Please report any violations of the TOS to Soohba at contact us form
If you have any questions regarding the TOS, please contact us at contact us form