ChoicePoints
  ChoicePoints Datasheet
  How ChoicePoints Works
   
e-Catalog Syndication Services (ESS)
  ESS Datasheet
  How ESS Works
   
Custom Development
   
 

Terms of Service

INTRODUCTION

Welcome to Sokel's Internet Web Site ("SOKEL"). SOKEL is operated by Sokel, Inc. (referred to herein as "we," "us," or "our").

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SOKEL SITE. By using the SOKEL Site, you signify your agreement to these terms of use. If you do not agree to these terms of use, please do not use the SOKEL Site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this SOKEL Site following the posting of changes to these terms will mean you accept those changes.

RESTRICTIONS ON USE OF MATERIALS

All materials contained in any SOKEL Site are the copyrighted property of Sokel, Inc., or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Sokel, Inc., or its affiliates. No material from any SOKEL Site or any Internet site owned, operated, licensed, or controlled by us or our affiliates may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the materials, (iii) you do not use the materials in a manner that suggests an association with any of our products, services, or brands, and (iv) you do not download quantities of materials to a database that can be used to avoid future downloads from any SOKEL Site. For purposes of these terms, the use of any such material on any other Web site or computer environment is prohibited. All trademarks, service marks, trade names, and trade dress are proprietary to us.

In the event you download software from any SOKEL Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You own the medium on which the Software is recorded, but we (or third-party licensors) retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.

SUBMISSIONS

We are pleased to hear from our visitors and welcome your comments regarding our products and services. If you send certain specific submissions (e.g., postings to chat, support forums or email product feedback) (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own all now-known or hereafter existing rights to the Submissions of every kind and nature and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

FORUMS AND PUBLIC COMMUNICATION

"Forum" means a chat area, message board, or e-mail function offered as part of any SOKEL Site. If you participate in any Forum within a SOKEL Site, you must not:

bullet Defame, abuse, harass or threaten others;
bullet Make any bigoted, hateful, or racially offensive statements;
bullet Advocate illegal activity or discuss illegal activities with the intent to commit them;
bullet Post or distribute any material that infringes and/or violates any right of a third party or any law;
bullet Post or distribute any vulgar, obscene, discourteous, or indecent language or images;
bullet Advertise or sell to or solicit others;
bullet Use the Forum for commercial purposes of any kind;
bullet Post or distribute any software or other materials that contain a virus or other harmful component; or
bullet Post material or make statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board.

It is our policy to respect the privacy of all customers. Therefore, in addition to the privacy of Registration data (see our Privacy Policy), we will not monitor, edit, or disclose the contents of a customer's e-mail unless (a) you authorize us to do so, (b) we must do so in order to resolve technical problems on any SOKEL Site; or (c) unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on us; (2) protect and defend our rights or property; or (3) act in an emergency to protect the safety of our customers or the public. Customers shall remain solely responsible for the content of their messages.

We reserve the right to remove or edit content from any Forum at any time and for any reason.

By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such materials expressly granted) us a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the world. In addition, you warrant that all so-called "moral rights" in those materials have been waived.

When participating in a Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board, or other user- generated content area. Information obtained in a Forum may not be reliable, and it is not a good idea make decisions based solely or largely on information you cannot confirm. We cannot be responsible for the content or accuracy of any information, and shall not be responsible for any decisions made based on such information.

CONTENT LINKED TO ANY SOKEL SITE

Please exercise discretion while browsing the Internet using any SOKEL Site. You should be aware that when you are on a SOKEL Site, you could be directed to other sites that are beyond our control. There are links to other sites from SOKEL pages that take you outside of our service. For example, if you click on a banner advertisement or a search result, the click may take you off the SOKEL Site. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on SOKEL Sites may send cookies to users that we do not control.

We reserve the right to disable links from third-party sites to any SOKEL Site.

We make no representations concerning the content of sites listed in any of our directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in sites listed in our search results or otherwise linked to a SOKEL Site.

Please keep in mind that whenever you give out personal information online --- for example, via message boards or chat --- that information can be collected and used by people you don't know. While SOKEL strives to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.

DISCLAIMER

THE MATERIALS IN THIS SOKEL SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY SOKEL SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SOKEL SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY SOKEL SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from any SOKEL Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any SOKEL Site or third-party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

CREDIT CARDS

SOKEL takes the issue of your privacy seriously. We do not share your credit card information with anyone else. For more information, please read our Privacy Policy.

To protect the security of your credit card information, we employ the industry-standard Secure Sockets Layer (SSL) technology. We also encrypt your credit card number when we store your order and whenever we transfer that information to payment gateways.

SUBSCRIPTIONS/BILLING

Some services offered on SOKEL Sites are subscription-based services such as Sokel ChoicePoints. If you open a subscription- based account with any of our sites, you hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. We reserve the right to change the amount of, or basis for determining, any fees or charges for services we provide, and to institute new fees, charges, or terms effective upon prior notice to customers. We reserve the right to terminate any account at any time for any reason.

SOKEL agrees that it will terminate Customer's account upon notice from Customer. If Customer has a balance due on any SOKEL account, Customer agrees that SOKEL can charge these unpaid fees to their credit card.

Customer's right to use the Service is subject to any limits established by SOKEL or by Customer's credit card issuer. If payment cannot be charged to Customer's credit card or Customer's charge is returned for any reason, including chargeback, SOKEL reserves the right to either suspend or terminate Customer's access and account, thereby terminating this Agreement and all obligations of SOKEL hereunder, and to engage the services of an appropriate collection agency to recover the monies owed to SOKEL for services rendered and any appropriate fees.

If Customer has reason to believe that Customer's account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of Customer's ID, password, or any credit, debit or charge card number stored) they should notify SOKEL immediately of the problem to avoid possible liability for any unauthorized charges to Customer's account.

INDEMNIFICATION

You are entirely responsible for maintaining the confidentiality of your Password and account and for all activities that occur under your account. You hereby indemnify, defend, and hold us and our affiliates and our officers, directors, owners, agents, information providers, affiliates, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorneys' fees') incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or claims arising from your account. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY SOKEL SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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 NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING ANY SOKEL SITE.

JURISDICTIONAL ISSUES

Unless otherwise specified, the materials in any SOKEL Site are presented solely for the purpose of promoting programs, films, and other products available in the United States and its territories, possessions, and protectorates. SOKEL is controlled and operated by Sokel, Inc and its affiliates from its U.S. offices in California. We make no representation that materials on any SOKEL Site are appropriate or available for use in any particular location. Those who choose to access a SOKEL Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

TERMINATION

These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of all SOKEL Sites and destroying all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. Your access to any and all SOKEL Sites may be terminated immediately without notice from us if in our sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must cease use of the SOKEL Site and destroy all materials obtained from such site and all copies thereof, whether made under these terms or otherwise.

GENERAL PROVISIONS

These terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Santa Clara County, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

       


 

 

Copyright © 2007 Sokel, Inc. All Rights Reserved. Last Modified: October 18, 2007 Terms of Use. Privacy Policy.