SodaHead is an interactive online community that offers rich, user-generated content where everyone has the ability to voice their opinions, be heard and ultimately be reviewed by the community. SodaHead, Inc. ("We", "us", or "SodaHead") encourages and facilitates knowledge share through user generated polls, or Social Voting. Social Voting allows for users to not only create their own community around an issue, but also to have that community participate and contribute content relevant to that issue.
2. Grant of Rights and Limitations – Use of the SodaHead Website
SodaHead further grants you permission to post Content on other websites provided you comply with the following provisions:
(a) you may post Content on other websites for non-commercial purposes, i.e. where you have no intent to obtain direct commercial gain from the use of the Content, provided you use the SodaHead name and logo in connection with the display of the Content and comply with all of the SodaHead Trademark Usage Guidelines as seen on the SodaHead website.
Non-commercial purposes include, for example:
Posting on a profile page on an another social networking website;
Posting on a personal blog, message board, discussion group, chat room or forum;
Posting on a site you might manage for a well-known individual (such as a celebrity)
(b) you may post Content on other websites for commercial purposes, i.e. where you have the intent to obtain direct or indirect commercial gain from the use of the Content, provided you (i) use the SodaHead name and logo in connection with the display of such poll and comply with all of the SodaHead Trademark Usage Guidelines as shown on the SodaHead website and (ii) register your use of the SodaHead Content within 5 business days of its first use by e-mailing to contact us the following information: the URL where the Content is posted; your contact information including contact name, company name, address, e-mail address, phone number and intent on such posting of SodaHead Content.
Commercial purposes include, for example:
Posting on a blog where the blog is managed like a business and relies on ad revenue for its income. If the blogger would like to use SodaHead Content or Poll Widget as part of their existing content than no problem, just tell SodaHead about it;
Posting of SodaHead Content for the sole purpose of using the Content for commercial purposes (whether for market research, selling the data or other intent of profit from the Content).
SodaHead, in its sole discretion, reserves the right to determine whether the use of Content is for commercial or non-commercial purposes. Furthermore, SodaHead may revoke its permission to you to use the Website or post Content on other websites at any time, for any reason and in its sole discretion.
Illegal and/or unauthorized use of the SodaHead Website, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the SodaHead Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation in Member profiles may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the SodaHead Website.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the SodaHead servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, SodaHead grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials. SodaHead reserves the right to revoke rights granted herein either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their Member profiles or User Content.
4. User Content
SodaHead does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "User Content") that you post to the SodaHead Website. After posting your User Content to the SodaHead Website, you continue to retain all ownership rights in such User Content, and you may use such User Content in any way you choose. However, by displaying or publishing ("posting") any such User Content on or through the SodaHead Website or SodaHead poll, you hereby grant to SodaHead a non-exclusive (meaning you are free to license your User Content to anyone else in addition to SodaHead), fully-paid and royalty-free (meaning that SodaHead is not required to pay you for the use of the User Content that you post), with a right to sublicense (so that SodaHead is able to allow this information to be posted on third party sites), worldwide (because the Internet and the SodaHead Services are global in reach ) and irrevocable (because once the Content is incorporated into the community knowledge base, it cannot be easily removed) license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content for any purpose whatsoever. Without this license, SodaHead would be unable to provide the SodaHead experience.
You represent and warrant that: (i) you own the User Content posted by you on or through the SodaHead Website or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your User Content on or through the SodaHead Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content posted by you to or through the SodaHead Website.
You are solely responsible for the User Content that you post on or through the SodaHead Website, any material or information that you transmit to other Users or Members and for your interactions with other Users or Members, and the consequences of posting or publishing such User Content. SodaHead does not endorse and has no control over the User Content. SodaHead does not guarantee any confidentiality with respect to any User Content. User Content is not necessarily reviewed by SodaHead prior to posting and does not necessarily reflect the opinions or policies of SodaHead. SodaHead makes no warranties, express or implied, as to the User Content or to the accuracy and reliability of the User Content or any material or information that you transmit to other Users or Members. SodaHead does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and SodaHead expressly disclaims any and all liability in connection with User Content.
In connection with User Content, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant SodaHead all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage SodaHead or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person.
You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. If you download or print a copy of any portion of the Website, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the SodaHead Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the SodaHead Website or the Content therein.
5. SodaHead Content.
The SodaHead Website contains content including without limitation, text, software, scripts, software code and tools, graphics, poll results, aggregated information, photos, sounds, music, videos, interactive features and the like ("SodaHead Content"). SodaHead Content is protected by copyright, trademark, patent, trade secret and other laws, and SodaHead owns and retains all rights in the SodaHead Content.
6. Membership and Member Profiles
7. Copyright Policy
SodaHead does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and SodaHead will remove all User Content if properly notified that such content infringes on another's intellectual property rights.
If you are a copyright owner or an agent thereof and believe that any User Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) 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 at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) 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
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
SodaHead's designated Copyright Agent to receive notifications of claimed infringement is: Copyright Agent, 16161 Ventura Blvd., Suite C PMB 461, Encino, California 91436, email: copyrightagent@SodaHead.com, telephone: (818) 724-POLL and fax: (818) 302-1551. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to SodaHead customer service through the contact us link. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
You understand that when using the SodaHead Website, you will be exposed to User Content from a variety of sources, and that SodaHead is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SodaHead with respect thereto, and agree to indemnify and hold SodaHead, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
8. Warranty Disclaimer
THE SODAHEAD WEBSITE IS PROVIDED TO YOU “AS IS.” YOU AGREE THAT YOUR USE OF THE SODAHEAD WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SODAHEAD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. SODAHEAD MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SODAHEAD WEBSITE. SODAHEAD DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SODAHEAD WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SODAHEAD WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
9. Limitation of Liability
IN NO EVENT SHALL SODAHEAD, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SODAHEAD WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT SODAHEAD SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by SodaHead from its facilities in the United States of America. SodaHead makes no representations that the SodaHead Website is appropriate or available for use in other locations. Those who access or use the SodaHead Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Notwithstanding any other provision of this Agreement, our entire liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for Services during the term of this Agreement. Except in jurisdictions where such provisions are restricted, in no event will we be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the Website, even if we have been advised of the possibility of such damages.
13. If you are under 13 years of age, then please do not use the SodaHead Website—there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SodaHead without restriction.
Trademark Usage Guidelines – SodaHead, Inc.
These Guidelines provide information about the correct use of SodaHead trademarks, including the “SodaHead” name and SodaHead Logo. Your use of trademarks and logos must strictly comply with these Guidelines. Use of the SodaHead trademarks and logos other than in accordance with these Guidelines is a violation of SodaHead's rights and is prohibited. SodaHead reserves the right to revise these Guidelines from time to time, without notice.
Importance Of the SodaHead Name And Trademarks
SodaHead, the SodaHead Logo and the other SodaHead trademarks and logos and (collectively, the "SodaHead Marks") are critical elements of SodaHead's identity and are an important part of SodaHead's overall strategy to make the SodaHead community and Social Voting a cornerstone of collective intelligence gathering and a place to go for conventional wisdom. The SodaHead Marks will become widely recognized, and become positive symbols of the SodaHead experience and with your help, we will build a brand that can be relied upon to provide the best information about what our communities are thinking.
The SodaHead Marks are made available to you to be used with the Poll Widget and other technologies that allow you to post a SodaHead poll on your website. This document provides the basic style guidelines for the use of the marks which to ensure consistency.
The SodaHead Marks are available for you to copy and place on your website to identify the Content, provided you comply with the following rules:
Use SodaHead Artwork - Do Not Re-Design the Logos
Where you choose to use your own unique identifier(s) or graphic style along with the SodaHead Logo (including use of your own name, company name or logo), your identity must be separated and presented apart from the SodaHead Logos, where the two marks clearly appear as two separate and distinct elements.
Proper Usage Of SodaHead Trademarks and Logos
Unless you have express, prior, written permission from SodaHead:
Do not use SodaHead Marks in any manner, except in making a direct reference to a SodaHead Content.
Do not use SodaHead Marks in any manner that might be understood to suggest an association with or sponsorship by SodaHead, nor an endorsement (express or implied) by SodaHead.
Do not attempt to claim trademark rights in any SodaHead Mark by using or registering a SodaHead Mark as all or any part of a product or service name, trademark, service mark, logo, domain name, trade name, or "doing business as" name (d/b/a).
Always use SodaHead Marks consistently and distinctively, distinguishing our marks from other words in the text in some way. This distinction includes capitalizing all letters in the trademark, using initial caps or initial caps with quotation marks, using italics, boldface, underline, or color. Do not abbreviate trademarks or use only a portion of a mark.
Trademarks are adjectives, and must only be used as such, i.e., SodaHead poll. Marks should never be used as nouns or verbs, nor should marks be pluralized or used in the possessive form.
Correct: The SodaHead website is where you can go to express your opinion.
Incorrect: SodaHead's website is where your can go to express your opinion.
Use of ®, ™ Notices
Trademarks and Registered Trademarks - SodaHead's Marks may be registered. Use the ® symbol to indicate a registered trademark and the ™ symbol to indicate a trademark, as provided on the SodaHead artwork provided.