1. Acceptant of Terms
Solia Online ("Solia") welcomes you. Solia Online provides its service to you subject to the following Terms of Service ("TOS"), which may be updated time to time without notice to you. The most current version of the TOS may be viewed at any time at: //soliaonline.com/community/ucp.php?mode=terms . In addition when using Solia Online owned services you and Solia shall be subject to any posted guidelines and rules, which may be posted from time to time. All guidelines and rules are hereby incorporated by reference into the TOS. If you do not agree to be legally bound by all the following rules and guidelines then please to not access and/or use the services of Solia Online.
2. Description of Service
Solia Online provides users access to a collection of resources, including various communication tools, forums, search services and branded programming which may be accessed through any various medium or device now known or hereafter developed (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Solia Online to provide the Service. You also understand and agree that the Service may include certain communications from Solia Online, such as service announcements, administrative messages, and that these communications are considered part of Solia Online membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augments or enhances the current Service, including the release of new Solia Online properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Solia Online assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. Registration Obligation
In consideration of your use of Solia Online, you represent that you are of legal age to provide and maintain personal information or are not a person barred from receiving services under the Laws of the United States or other applicable jurisdiction. If you provide any information that is untrue, inaccurate, incomplete, not current or Solia Online has reasonable grounds to suspect that such information is not true, Solia Online has the right to suspend or terminate your account and refuse any and all current or future use of service. For the first 48 hours you agree to make use of your account in the form of posting a minimum of 3 times on the Solia Online Forum. Solia Online has the right to declare an account that fails to post the minimum as inactive and is subject to termination at the discretion of Solia. You agree not to share your Solia Online account with anyone else. Sharing your account could result in your account being suspended if those you share with do something explicitly against the rules. You also agree that if you use multiple account you will only use a single account in all Solia Online contests and Events as using more than one account could be construed as attempting to gain an unfair advantage over other participating users. Limit 3 accounts per household. Using an account to benefit another account is a violation of the terms of service.
4. Member Account Password and Security
You will receive a copy of your password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Solia Online of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Solia cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.
5. Member Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Solia Online, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Under no circumstances will Solia Online be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise made available via the Service. You agree to not use the Service to:
a. upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. "stalk" or otherwise harass another;
d. impersonate any person or entity, including, but not limited to, a Solia Online Staff Member, Solia Online Moderator, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
e. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
f. upload, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
g. upload, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
h. upload, post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
i. upload, post, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
l. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through l above.
m. If you are a staff member of a competing website you are not allowed to use Solia Online for the purposes of promoting your own product or attempting to harm or harvest members, items or other Solia Online properties. Any attempt at doing so will result in immediate termination of service.
You acknowledge that Solia Online may or may not pre-screen Content, but that Solia and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, Solia Online and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Solia or submitted to Solia, including without limitation information in Solia Online Forums and in all other parts of the Service. You acknowledge, consent and agree that Solia Online may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Solia Online, 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. You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Solia and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Solia Online has no control over such sites and resources, you acknowledge and agree that Solia Online is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Solia Online 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 use of or reliance on any such Content, goods or services available on or through any such site or resource.
7. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, trade, transfer, resell, exploit or for any commercial purposes, any portion of the Service (including your Solia Online Account, Solia Virtual Items, Solia Gold and/or Solia Luna), use of the Service, or access to the Service.
You agree that Solia Online may under certain circumstances and without notice, immediately terminate your Solia Online account. All inquiries on account termination must be carried out by email to firstname.lastname@example.org. Please allow 5 days after submitting the request before resubmitting the inquiry.
9. Choice of Law; Jurisdiction; Forum
These Terms of Service will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Sarasota County, Florida, and you consent to the jurisdiction of such courts.
10. Copyright Infringement Notification
A notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:
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 the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
v. A statement that the complaining party has 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.
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Written notice should be sent to Solia Online's designated agent as follows:
P.O. Box 8314
Jupiter, Florida 33468
Under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. Please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements before making a complaint.
Please report any violations to the TOS to an online moderator, or administrator. Reports may also be sent by email to email@example.com.