terms

Terms of Use
Effective date: July 1, 2017

PLEASE NOTE THAT YOUR USE OF OUR SERVICES (DEFINED BELOW), NO MATTER HOW THEY ARE ACCESSED, ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

Post Modern, Inc. is proud to provide you with access to the Sonoqui app.

For purposes of these Terms of Use, “PMI” or “Post Modern” includes the company Post Modern, Inc. and our clients (including their parent companies and divisions) who have contracted with us to provide you with access to the Sonoqui app and the content you create and share via the Sonoqiui app or photo sharing websites (“the app”). By registering on or using the app and any of our services, you represent that you are at least 13 years old, or have permission from your parent or guardian, and you agree to be bound by the terms of the Terms of Use. If you do not agree to the Terms of Use or if you are less than 13 years old and do not have permission from your parent or guardian, do not register on, post through or otherwise use the app. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at support@Sonoqui.com.

By registering with Sonoqui you release Post Modern, Inc., our clients (including their parent companies and divisions), Facebook and Twitter from harm. Facebook and Twitter in no way sponsor, endorse, or administer this app and they are not associated with it. Sonoqui is an app developed and owned by Post Modern, Inc. (“PMI”).

Changes to the Terms of Use

We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the PMI.co website, and/or within the PMI mobile application or by sending you an email.

If you don’t agree with the new Terms, you are free to reject them; if you do reject them you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the updated terms./p>

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

Privacy Policy

To review the current Sonoqui Privacy Policy which is incorporated herein to this document, please click here.

Rules for using Sonoqui

You may be required to sign up for an account, and provide a password and email address, which will be used as your user name (“PMI User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your PMI User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).

You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.

You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.

You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.

Your use of the Services is subject to the following additional restrictions:

You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:

  • (a) Infringes or violates the intellectual property rights or any other rights of anyone else (including PMI);
  • (b) Violates any law or regulation;
  • (c) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
  • (d) Jeopardizes the security of your PMI account or anyone else’s (such as allowing someone else to log on as you on the Services);
  • (e) Attempts, in any manner, to obtain the password, account, or other security information from any other user;
  • (f) Violates the security of any computer network, or cracks any passwords or security encryption codes;
  • (g) Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
  • (h) “Crawls,” “scrapes,” or “spiders” any page, data or portion of or relating to the Services or Content (through use of manual or automated means);
  • (i) Copies or stores any significant portion of the Content, provided that you may download store individual photo albums through the Services;
  • (j) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

While we’re not required to do so, we may access, review, screen, and delete your Content at any time and for any reason, including if we think, at our sole discretion, your content violates these Terms. You alone, though, remain responsible for the Content you create, upload, post, send, or store through the Service.

Also we reserve the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by PMI, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, PMI encourages you to maintain your own backup of your Content. In other words, PMI is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. PMI will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content.

Prizes and Competitions.

In relation to prizes and competitions, the User acknowledges and agrees that:

  1. no purchase is necessary;
  2. details of the entry and process for informing winners and collecting prizes will be published at the event according to the directions of the event organizers;
  3. proof of identity may be required for the collection of any prizes;
  4. if a potential winner does not collect their prize in accordance with required process and within the required time limits, such potential winner forfeits all rights to any prize, and an alternate winner may be selected;
  5. prizes are non-transferable and non-exchangeable and where a prize does not constitute cash, no cash alternative will be offered in any circumstances;
  6. PMI reserves the right to provide a substitute prize of similar value should the need arise; and
  7. the payment of all costs and expenses involved in claiming a prize (including, without limitation, all applicable taxes or duties in relation to the prize) are the responsibility of the User.
  8. The winner(s) of the prize will be selected by PMI either at random or in accordance with relevant stated requirements (for example, where a player with the “highest score” is the winner). The User acknowledges and agrees that PMI’s decision is final and no correspondence or discussions shall be entered into. PMI will have the right to disclose the name of the winner(s) and their city/town of residence including, for example, on video screens at the event.
  9. PMI does not accept responsibility for entries that are lost or incomplete or for any failure to capture entry information via the app.
  10. If the prize is supplied to PMI by a third party, the prize will be awarded to the winner(s) subject to the relevant third party’s terms and conditions (if any).
  11. If the prize is tickets to an PMI (or other) event, the prize will be awarded to the winner(s) subject to compliance with the relevant ticket terms and conditions.
  12. PMI reserves the right to suspend, cancel or modify any competition at any time (and for any reason) without notice.
  13. The User agrees that, in the event the User wins a Prize Competition, the Customer Data may be used without limitation for future promotional, marketing and publicity purposes of PMI in any and all media worldwide without notice to them and without any fee being paid.

Our Commitment to Security

We have put in place appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online.

How you can Access or Correct Information

To access the personally identifiable information that we have collected about you, to correct factual errors in such information, or to update your interests, preferences or other portions of your user profile, please log into your profile if you have created one with us or send an email to support@Sonoqui.com.

To protect your privacy and security, we will take reasonable steps to help verify your identity before granting access or making corrections.

International Transfer

As we operate internationally, and many of our computer systems are currently based in the United States, your personal data will be processed by us in the U.S. where data protection and privacy regulations may not offer the same level of protection as in other parts of the world, such as the European Union. Other than as set out below, if you create a user account with this site as a visitor from outside the United States, you consent to the collection and/or processing in the United States of your personally identifiable information, which includes the use of cookies as described above.

Use of Content you Generate

“User Content” means any communications, images, videos, sounds, check-ins, and all the material and information that you upload or post through the app. You hereby grant Post Modern, Inc. a perpetual, irrevocable, worldwide, paid-up, non-exclusive license, including the right to sublicense to third parties, and right to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, stream, publicly display, publicly perform, provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice such User Content as well as all modified and derivative works thereof. You hereby represent and warrant that you have, and have the documentation to establish, all necessary rights to grant the license referenced in the preceding sentence. To the extent permitted by applicable laws, you hereby waive any moral rights, artist’s rights, rental rights, or similar rights (if any) you may have in any User Content. Your User Content will be posted to the social media network of your choice, based on which network(s) you have linked to your Sonoqui account, as well as www.Sonoqui.com and the event website and social media feeds. On Twitter, your content may be re-tweeted multiple times on the day of the event to ensure that as many of your followers as possible see your content.

What if I see something that infringes my copyright?

You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to online service providers, like PMI, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; please bring any copyright infringements to our attention by emailing us at support@sonoqui.com.

Who is responsible for what I see and do on the Services?

Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.

The Services may contain links or connections to third party websites or services that are not owned or controlled by PMI. When you access third party websites or use third party services, you accept that there are risks in doing so, and that PMI is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website or service that you visit or utilize.

PMI has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, PMI will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.

Your interactions with organizations and/or individuals found on or through the Services, 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 such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that PMI shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on this site, or between users and any third party, you agree that PMI is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release PMI, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive 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."

Changes in Services

We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

What if I want to stop using Sonoqui?

You’re free to do that at any time, by contacting us at support@PMI.com; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.

PMI is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. PMI has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important User Submissions you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of PMI.

If you have deleted your account by mistake, contact us immediately at support@sonoqui.com – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

What else do I need to know

DISCLAIMER OF WARRANTIES. THE SYSTEM AND THE CONTENT ON THE SYSTEM ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND AVAILABILITY.

LIMITATION OF LIABILITY. IN NO EVENT SHALL PMI, ITS PARENT, SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, OFFICERS, EMPLOYEES, CLIENTS, OR CONTRACTORS BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR RELATING TO THE SYSTEM, THE CONTENT ON THE SYSTEM OR ANY USE THEREOF, INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA OR GOODWILL, DISRUPTION OF SERVICE OR CLAIMS OF THIRD PARTIES. IN NO EVENT SHALL PMI, ITS PARENT, SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, OFFICERS, EMPLOYEES OR CONTRACTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, LIQUIDATED, OR OTHER CONSEQUENTIAL DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY, ARISING FROM YOUR USE OF THE SYSTEM OR THE CONTENT ON THE SYSTEM. THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

INDEMNIFICATION. YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE ILYK SYSTEM AND/OR POST MODERN, ITS PARENT, SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, OFFICERS, EMPLOYEES CLIENTS AND CONTRACTORS, FROM AND AGAINST ANY CLAIM, LIABILITY, INJURY, DAMAGE, LOSS OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED AS A RESULT OF, ARISING FROM, OR RELATING TO (DIRECTLY OR INDIRECTLY) YOUR USE OF THE SYSTEM OR ANY USER CONTENT OR PMI’S USE OF YOUR USER CONTENT.

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without PMI’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Riverside County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Riverside County, California

Miscellaneous. You will be responsible for paying withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that PMI may, in its sole discretion do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and PMI agree that these Terms are the complete and exclusive statement of the mutual understanding between you and PMI, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all modifications to these Terms must be in a writing signed by both parties (except as otherwise provided herein). No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind PMI in any respect whatsoever. Except as expressly set forth in the section above regarding the Apple Application, you and PMI agree there are no third party beneficiaries intended under this Agreement.

© 2018 Post Modern, Inc. All Rights Reserved.

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