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Terms
     
 

SoJor Terms and Conditions

 

 
 
Date of Last Revision: July 05, 2007
 
     
 
Acceptance of Terms
 
 

SoJor is a social news-creation and news-sharing platform. Its service and network (collectively, “SoJor” or “Service”) are operated by SoJor, Inc. and subject to certain terms set out below. By accessing our site at www.sojor.com, you (the “User” or “Member”) signify that you have read, understand, and agree to be bound by these Terms of Use (“Terms” or “Agreement”), whether or not you are a registered member of SoJor. These Terms of Use may be revised without notice and will be posted as amended on our site. It is your responsibility to regularly check the Site to determine if these Terms of Use have been changed and if you still agree to be bound by these Terms of Use.

THE TERMS OF USE CONTAIN IMPORTANT INFORMATION CONCERNING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. PLEASE READ THESE TERM OF USE CAREFULLY!


 

 
 
About SoJor
 
 

SoJor.com is a social news-creation and news-sharing platform. People have to register to take advantage of the services and network on SoJor. SoJor allows people to write news, edit newspapers, or simply browse through the newspapers and news-stories of other SoJor members. Members create their own profiles, which in turn can be browsed by friends or other SoJor members, if the privacy setting is not set to private. Members can invite friends or other SoJor members to be part of a particular newspaper.


 

 
 
Membership Eligibility and Responsibility
 
 

This site is intended for users who are eighteen (18) years and older. By registering as a member, you confirm that you are at least 18 years old. Any registration by, use of or access to the Site by anyone under 18 is unauthorized, unlicensed and in violation of these Terms of Use. Your membership is solely for your individual use. Any authorization to others to use your account, profile, or messages is in violation of these Terms of Use. You have the sole responsibility for all use of your account, including but not limited to news published, messages sent, comments written, and interactions with other members. You agree to maintain the accuracy of your registration information and to keep your account up-to-date and your account information confidential. You agree to bear all risk associated with your account. Membership in the Service is void where prohibited.

You acknowledge that SoJor shall have the right (but not the obligation) in its sole discretion to refuse or move any content that is available via its Service. SoJor shall have the right to remove any content that violates the Terms of Use or is otherwise objectionable. You acknowledge and agree that SoJor may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of SoJor, its users and the public.
You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.


 

 
 
License
 
 

We do not claim ownership of your Information. We will use your Information only in accordance with our privacy policy. However, to enable us to use your Public Information and to ensure we do not violate any rights you may have in your Public Information, you grant SoJor a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise, commercialize and exploit the copyright, publicity, and database rights (but no other rights) you have in your Public Information, in any media now known or not currently known, with respect to your Public Information.


 

 
 
Links and Third Parties
 
 

We may provide, or third parties may provide, links to other websites or resources. Because we have no control over such websites or resources, you acknowledge and agree that we are not responsible for the availability of such websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You also acknowledge and agree that SoJor 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 such content, goods or services available on or through any such websites or resource.

Your correspondence or business dealings with, or participation in promotions of, marketing partners or other third parties found on our website or through our Platform, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such marketing partner or other third party. You agree that SoJor shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such marketing partners or other third parties on our website or located through the use of our Platform.



 
 
Restrictions on Rights to Use
 
 

You shall not (and you agree not to allow any third party to):

  • modify, adapt, translate, or reverse engineer any portion of the SoJor site and/or SoJor Service;
  • remove any copyright, trademark or other proprietary rights notices contained in or on the SoJor site and/or SoJor Service;
  • use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the SoJor site and/or SoJor Service;
  • collect any information about other users or members (including usernames and/or email addresses) for any purpose other than to solicit for socializing and news-sharing purposes;
  • reformat or frame any portion of the web pages that are part of the SoJor site and/or SoJor Service;
  • create user accounts by automated means or under false or fraudulent pretenses;
  • create or transmit unwanted electronic communications such as "spam" to other users or members of the SoJor site and/or SoJor Service or otherwise interfere with other user's or member's enjoyment of the SoJor site and/or SoJor Service;
  • submit any third party materials or Content without such third party's prior written consent;
  • submit any Content or material that falsely express or imply that such Content or material is sponsored or endorsed by SoJor;
  • submit any Content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other proprietary rights of any party;
  • transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
  • use of the SoJor site or SoJor Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
  • copy or store any Content offered on the SoJor site for any type of commercial use;
  • submit Content or materials that are unlawful or promote or encourage illegal activity;
  • take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
  • use the SoJor site and/ or SoJor Service, intentionally or unintentionally, to violate any applicable local, state, national or international law; or
  • collect or store personal data about other users in connection with the prohibited activities described in this paragraph.

 

 
 

News Posted By You and Newspapers Created By You on the SoJor Site

 
 
  • You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
  • You understand and agree that SoJor may review and delete any Content, business listings (including business name, address, phone, fax, distance, reviews, rating, reviews) that in the sole judgment of SoJor violates these Terms of Use or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the SoJor site and/or other website users.
  • You are solely responsible for any Content that you publish or display on the SoJor site or transmit to other members and/or other website users (hereinafter, "Posted Content").
  • You are solely responsible for your ratings and reviews of news, newspapers, and groups. SoJor reserves the right, but has no obligation, to monitor disputes between you and any entity, which you have reviewed.
  • You agree that you will only post Content that you believe to be true and you will not purposely provide false or misleading information.
  • By posting Posted Content on the SoJor Site, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, SoJor, its contractors, and the users of the SoJor site an irrevocable, perpetual, non-exclusive, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Content and to prepare derivative works of, or incorporate into other works, such Posted Content.
  • The following is a partial list of the kind of Content and communications that are illegal or prohibited on/through the SoJor site. SoJor reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the SoJOr Service and terminating the membership of such violators or blocking your use of the SoJor Service and/or SoJor site. You may not post Content that:
    • is false or intentionally misleading;
    • is patently offensive to users of the SoJor site, such as Content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    • harasses or advocates harassment of another person;
    • involves the transmission of unsolicited mass mailing or "spamming";
    • promotes illegal activities or conduct that is abusive;
    • is threatening, obscene, defamatory or libelous;
    • is pornographic or sexually explicit in nature; and
    • seeks or recommends providers of material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.
 
 

 

 
 
Termination and Breach
 
 

You agree that we, in our sole discretion, may issue a warning, temporarily suspend, indefinitely suspend, remove content or information you have posted, or terminate your account your status as a particular SoJor member or Group, or your ability to use all or any portion of our Platform, for any reason, including, without limitation, (a) for lack of use, (b) if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement or the documents or agreements it incorporates by reference, (c) if we are unable to verify or authenticate any information you provide to us, or (d) if we believe that your actions may cause legal liability for you, our users or us. You agree that any termination of your account or access to all or any portion of the Platform under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or our Platform. You also agree that we shall not be liable to you or any third party for any termination of your use of or access to all or any portion of the Platform.


 

 
 
Member Interaction
 
 

Through our Platform we provide tools that enable our users to arrange physical meetings or dates. We do not supervise such face-to-face meetings or dates and are not involved in any way with the actions of any individuals at such meetings or dates. As a result, we have no control over the identity or actions of the individuals who are present at these meetings or dates, and we request that our users exercise caution and good judgment when planning to meet or go on a date with other SoJor members.
Because we do not supervise or control the such member interactions, and because we are not involved in any way with physical transportation to or from these meetings or dates or with the actions of any individuals at these meetings or dates, and because we do not control Paypal, credit card companies or other payment processing companies, and because we cannot guarantee the true identity, age, nationality of Platform users, and because we have very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Platform, you agree that you bear all risk and you agree to release us (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) and Group and Event Hosts from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Platform, your Third Party Transactions, our resolution of any disputes among users, and/or your transportation to or from, attendance at, or the actions of you or other persons at, a physical meeting or date with other SoJor members. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.


 

 
 
Communications
 
 

Our Communications. You understand and agree that we may send you certain communications, such as SoJor announcements, newsletters, service announcements and other administrative messages, and that these communications are considered part of our Platform. Your ability to opt out of these communications, if any, will be governed by our privacy policy.
Communications with Newspaper Editor. You understand and agree that you may receive communication from a Newspaper Manager (the "Editor") in the normal course of utilizing our Platform. By joining a newspaper, you agree to receive communications from the Editor, who may communicate with you through our Platform. (You may also opt-in to receiving information from other members of a particular newspaper or Group.) If you are the Editor of a newspaper, you agree to receive messages from individual members (the “Journalists”) of your newspaper or Group.
Other Users. We do not control the information provided by other users, which is made available through our system. You may find other users' information to be offensive, harmful, inaccurate or deceptive. Please use caution and common sense when using our website. Please note that there exist a risk that you may be dealing with underage persons or people acting under false pretense.


 

 
 
Fees and Payments
 
 

Access to our website and use of selected features of our Platform is free to individual users. We may, in our sole discretion, change this policy and begin charging for access to our website and other features and services, and we may, in our sole discretion, add, remove or change the features and services we offer or the fees (including the amount or the type of fees) we charge at any time. If we introduce a new service, we will establish the fees for that service at the launch of the service. If we impose new fees, such new or revised fees shall automatically be effective thirty (30) days after they are initially posted on our website, as provided above. Once fees and changes become effective, you agree to pay all fees and charges specified and all applicable taxes for the services provided and benefits received. We are not responsible for any charges or expenses you incur resulting from being billed by us in accordance with these Terms of Use (e.g., overdrawn accounts, exceeding account limits, etc.)


 

 
 
Disclaimer
 
 

THE SOJOR SITE IS PROVIDED BY SOJOR, INC. ON AN "AS IS" BASIS. SOJOR AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO THE OPERATION OF THE SOJOR SITE, SOJOR SERVICE OR SOFTWARE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SOJOR SITE OR IN GROUP WITH THE SOJOR SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SOJOR AND ITS LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOJOR AND ITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE SOJOR SITE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. SOJOR IS NOT RESPONSIBLE FOR THE CONDUCT, OF ANY USER OF THE SOJOR SITE.
SoJor does not warrant or covenant that the SoJor Service will be available at any time or from any particular location, will be secure or error-free, that defects will be corrected, or that the SoJor Service is free of viruses or other potentially harmful components. Any material or Content downloaded or otherwise obtained through the use of the SoJor Service is accessed at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM SOJOR, THE SOJOR SITE OR THROUGH OR FROM THE SOJOR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.


 

 
 
Limitation on Liability
 
 

SoJor shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond SoJor ‘s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). WITHOUT LIMITING THE FOREGOING, SOJOR AND ITS AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SOJOR’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO SOJOR FOR THE SOJOR SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) $100 . IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."


 

 
 
Indemnity
 
 

You agree to indemnify and hold us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of your representations and warranties or this Agreement or the documents it incorporates by reference, your use of our Platform, Your Information, your violation of any law, statute, ordinance or regulation or the rights of a third party.


 

 
 
Ownership and Mark
 
 

Except for the Content submitted by members or users, the SoJor Service and all aspects thereof, including all copyrights, trademarks, and other intellectual property or proprietary rights therein, is owned by SoJor or its licensors. You acknowledge that the SoJor Service and any underlying technology or software used in connection with the SoJor Service contain SoJor 's proprietary information. You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, and/or materials available on the SoJor Site, or SoJor Services in whole or in part except as expressly provided in SoJor 's policies and procedures made available via the SoJor Service. Except as expressly and unambiguously provided herein, SoJor and its suppliers do not grant you any express or implied rights, and all rights in the SoJor Service not expressly granted by SoJor to you are retained by SoJor.
SoJor owns and retains, to the fullest extent of the law, all rights in the Service including but not limited to copyrighted material, trademarks, patented processes, trade secrets, and other proprietary information. You will not distribute, transmit, transfer, offer, copy, publish, display, modify, or sell, assign, or sublicense any portion of the Service, its code, or any proprietary information on the Service, or any intellectual property or other proprietary right in any of the foregoing. You will not reverse engineer, reverse assemble, or otherwise attempt to discover any source code or proprietary information, or obtain unauthorized access to the Service. The foregoing does not apply to user content.


 

 
 
Changes to the Agreement or the SoJor Services
 
 

You agree and understand that these Terms of Use, the SoJor Site and the SoJor Services may be modified by SoJor at any time without prior notice, and such modifications will be effective upon SoJor 's posting of the new terms and/or upon implementation of the new changes on the SoJor Site. You agree to review the Terms of Use periodically so that you are aware of any modifications. Your continued use of the SoJor Service after any modifications indicates your acceptance of the modified Terms of Use. Unless expressly stated otherwise by SoJor, any new features, new services, enhancements or modifications to the SoJor Service implemented after your initial access to the Service shall be subject to these Terms of Use.


 

 
 
Governing Law / Arbitration
 
 

This agreement is governed by Hawaiian law as such laws apply to agreements entered into and to be performed entirely within Hawaii between Hawaiian residents. Any claim arising out of or relating to this agreement or SoJor shall be settled by binding arbitration in Honolulu, HI in accordance with the American Arbitration Group's commercial arbitration rules. Any such claim shall be arbitrated on an individual basis, not consolidated with another party's claim. Judgment on the arbitration award may be entered into any court with jurisdiction, and the arbitrator's award shall not be appealable or reviewable except as permitted by Hawaiian law. However, (a) each of us may seek interim relief from a Honolulu, HI court to protect the party's rights or property while arbitration is pending, and (b) at our option, we may bypass arbitration in cases of fraud or other crimes against us, interference with our technical operations or violations of our rights or property.


 

 
 
Questions or Comments
 
 

If you have questions or comments about this Terms of Use, please email us at legal@sojor.com or contact us at:

SoJor, Inc.
Attn: Terms of Use
2714 Kahoaloha Lane, Suite 902
Honolulu, HI 96826

 
 
 

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