Welcome to Sollencia.com.
This website (“Sollencia.com” or “Site”) is owned and operated by Sollencia, Inc. (“Sollencia”), and this web page represents a legal document that serves as the Terms of Use for the Site. It was last updated on August 27, 2013. These Terms of Use, which includes Sollencia’s Privacy Policy that has been incorporated by reference herein (collectively, “Agreement”), constitutes the entire and only Agreement between you and Sollencia, and supersedes all other agreements, representations, warranties and understandings with respect to the Site and the subject matter contained herein. You should review this Agreement prior to using the Site, as by using the Site, you agree to fully comply with and be bound by this Agreement each time you use the Site.
Sollencia may amend this Agreement at any time without specific notice to you. The latest Agreement will be posted on the Site and will be effective as of the date last updated. It is important that you visit this page periodically to review this Agreement because your continued use of the Site after any revision has been posted will constitute your acceptance of the changes that have been made.
Acceptance of Agreement
THIS AGREEMENT IS BETWEEN YOU AND SOLLENCIA AND CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMITS SOLLENCIA’S LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING THE SITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS.
IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT THE SITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT FURTHER. IF YOU HAVE ALREADY ACCESSED THE SITE AND DO NOT ACCEPT THIS AGREEMENT, YOU SHOULD IMMEDIATELY DISCONTINUE USE OF THE SITE.
Limited License
Sollencia grants you a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with this Agreement. Your use of the Site is solely for personal, non-commercial purposes, unless otherwise provided in this Agreement.
Changes to the Site
Sollencia may change or discontinue any aspect, service or feature of the Site at any time, without providing any notice to you.
Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Site. Sollencia reserves the right to investigate complaints or reported violations of this Agreement and to take any action Sollencia deems appropriate, including but not limited to blocking your access to the Site, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to your e-mail address(es), usage history, submitted materials, IP addresses and traffic information, all of which is allowed under Sollencia’s Privacy Policy.
Notice and Procedure for Copyright Infringement Claims
Sollencia will respond quickly to any claim of copyright infringement, in accordance with the procedure provided in the Digital Millenium Copyright Act (see 17 U.S.C. § 512(c)(3) for more information). If you believe that any material that is available on or via the Site infringes a copyright, please provide Sollencia with a written notice that contains the following information:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; AND
(f) A statement by you, made under penalty of perjury, that the information in your written notice is accurate, and that you are the copyright owner, or you are authorized to act on behalf of the copyright owner.
Your written notice must be e-mailed to Sollencia’s designated Copyright Agent at the following address: copyright@sollencia.com.
Sollencia is only required to respond to those notices that substantially comply with the above requirements. Sollencia will investigate your claim and will notify you by e-mail or any other method of contact that you provided in your written notice.
Trademarks
The Sollencia logo and service mark/trademark is owned by Sollencia. The other logos or service marks/trademarks that may appear on Sollencia.com are the property of their respective owners.
Linking to the Site
You may provide links to the Site, provided that (a) you do not remove or obscure, by framing or otherwise, any portion of the Site, (b) your link is not placed on a web page promoting or engaging in illegal or immoral activities, and (c) you discontinue providing links to the Site immediately upon request by Sollencia.
Links to Other Websites
The Site contains links to third-party websites. These links are provided as a convenience to you. By linking to these websites, Sollencia does not create, or have an affiliation with, or sponsor, or have any association with, any of these sites. Inclusion of links for any website on the Site does not mean that Sollencia endorses, guarantees, warrants, or recommends the services, information, content and/or data of any of these third-party sites. Sollencia is not responsible for the availability of these sites, and has no control over any of the content, advertising, products, or services that appears on any of these sites. Sollencia shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, products, or services available on or through any third-party website or resource. You understand and agree that you access these third-party sites at your own risk.
A third-party website may have privacy policies and terms of use that differs from the Site, and Sollencia is not responsible for these policies or terms. If you have any questions or concerns about anything relating to another website, please direct your questions or concerns to the operator of that website.
No Advice
The Content on the Site has been provided for informational purposes only, and not for trading or any other purpose. The Site does not provide business, financial, investment, legal, tax or any other type of advice. You acknowledge that (a) no Content or other information, whether oral or written, obtained by you from Sollencia or through the Site will create any warranty, and (b) it is unreasonable to rely on such Content or information without independently verifying the Content or information. You understand that you should always seek the assistance of an appropriate professional for business, financial, investment, legal, tax or other types of advice.
Your Warranties
You represent and warrant that: (i) you are not a minor and you have the legal right and capacity to enter into these Terms of Use in your jurisdiction and to comply with these terms and any additional terms or, if you are a minor, your parent or legal guardian has read and agreed to these Terms of Use on your behalf, (ii) all information you provide to Sollencia is accurate and complete, and (iii) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these terms and any additional terms.
Privacy Policy
Sollencia’s Privacy Policy is considered a part of these Terms of Use. It has been incorporated by reference herein. You must review Sollencia’s Privacy Policy by clicking on this link.
Use of Information
Sollencia reserves the right, and you authorize Sollencia, to use any information that involves your usage of the Site, or communications with the Site, in any manner that is consistent with Sollencia’s Privacy Policy.
User Submissions
You acknowledge and agree that any remarks, suggestions, material, ideas, graphics, or other information communicated by you to Sollencia (collectively, “Submission”) will be subject to the requirements that are set forth below.
You understand that by making a Submission to Sollencia, you: (a) represent and warrant that the Submission is not confidential or secret, and that no confidential or fiduciary relationship is intended or created between you and Sollencia in any way, (b) represent and warrant that the Submission is original to you, that no other party has any rights thereto, and that any “moral rights” in the Submission have been waived, and (c) grant Sollencia and its affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, for any purpose, including, without limitation, for marketing, promotional, trade and/or commercial purposes, and to authorize others to do so. You hereby appoint Sollencia as your agent with full power to enter into and execute any document and/or do any act Sollencia may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these Terms of Use.
You acknowledge and agree that if you make a Submission to Sollencia, you do so with the understanding that no compensation of any sort will be provided to you, and you are waiving any claim against Sollencia and its affiliates regarding the use of the Submission, even if material or an idea is used that is or may be substantially similar to the Submission that you sent. You understand that Sollencia shall have no duty to attribute authorship of any Submission to you, and shall not be obligated to enforce any form of attribution by third parties.
You understand that Sollencia cannot be responsible for maintaining any Submission that you make, nor is Sollencia responsible for any information included in the Submission, and Sollencia may delete or destroy the Submission at any time.
Disclaimer of Warranties
The Site may be temporarily unavailable from time to time for maintenance or other reasons. Sollencia assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. Sollencia is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to any person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the the Site, including without limitation any software provided through the Site. Under no circumstances will Sollencia be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of the Site, or for any interactions between Users of the Site, whether online or offline.
Reference to any products, service, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Site, by third parties or by any of the equipment or programming associated with or utilized by the Site.
THE SITE IS PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THIS WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. SOLLENCIA, INCLUDING ALL OF SOLLENCIA’S AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SITE, OTHER THAN AS SPECIFIED IN THIS AGREEMENT. SOLLENCIA CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE. SOLLENCIA DOES NOT REPRESENT OR WARRANT THAT THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT IT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO THE SITE IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU USE THE SITE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOU, YOUR MOBILE DEVICE OR COMPUTER SYSTEM, OR OTHER HARM OF ANY KIND THAT MAY RESULT. SOLLENCIA, AS WELL AS ALL OF SOLLENCIA’S AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF INCOME, BUSINESS, PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND SOLLENCIA. THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SOLLENCIA OR THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
Sollencia, as well as all of Sollencia’s affiliates, shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Site; (b) the unavailability or interruption of the Site; (c) your use of the Site; or (d) any delay or failure in performance of the Site.
SOLLENCIA AND ITS AFFILIATES ARE NOT LIABLE FOR ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. SOLLENCIA AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO WARRANTY, REFUND, OR OTHER RESTITUTION TO YOU WITH REGARDS TO THE SITE, FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, DELAYS, CANCELLATIONS, STRIKES, GOVERNMENTAL ISSUES, OR FORCE MAJEURE.
IN NO EVENT WILL SOLLENCIA OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOSSES ARISING FROM YOUR USE OF THE SITE, EVEN IF SOLLENCIA IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOLLENCIA HAS NO LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION. 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 SOLLENCIA’S 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 FIFTY DOLLARS ($50.00).
Indemnification
You agree to indemnify, defend and hold Sollencia and Sollencia’s partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, advertisers, product and service providers, and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
General Terms
This Agreement shall be treated as though it were executed and performed in Las Vegas, Nevada, in the United States of America. It shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to conflict of law principles that require the application of the law of a different jurisdiction. You hereby expressly consent to personal jurisdiction and venue in the state and federal courts of Nevada, for any lawsuit arising from or related to the Site. Any cause of action by you with respect to the Site must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law, and the remaining portions shall remain in full force and effect. To the extent that any Content in the Site conflicts with, or is inconsistent with this Agreement, this Agreement shall take precedence. Sollencia’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Sollencia may assign its rights and duties under these Terms of Use to any party at any time without notice to you. Sollencia’s rights under this Agreement shall survive any termination of this Agreement. The section headings that have been used herein are for convenience only and shall not be given any legal import.
Definitions
A “User” is a collective identifier that refers to someone who browses the Site.
All text, information, graphics, audio, video, and data offered through the Site, whether free to all or part of any paid features Sollencia might offer, whether originating from Sollencia or from Users, are collectively known as “Content.” When Sollencia refers to the Site, it also includes Content by reference.