SoHoSoleil.com info (at) sohosoleil (dot) com 212 431 8824
Terms of Service
Changes and Additions to Terms and Conditions. SoHoSoleil, at its sole discretion may revise, add or remove the General Terms, or any portion thereof, at anytime without notice. Changes in the General Terms will be effective when posted. You should revisit this Site Periodically to make sure you are aware of the most recent General Terms because they will be binding on you. Your continued use of the Site or Services after such changes constitutes your agreement to such changes.
Use of this Site.
Site Security. You are prohibited from violating, or attempting to violate, the security of the Site or Services. Any such violations may result in criminal and civil liabilities to you. SoHoSoleil may investigate any alleged violations, and, if a criminal violation is suspected, SoHoSoleil will cooperate with law enforcement agencies in their investigations. Violations of the security of the Site and Services include without limitation, the following: (i) Logging into or attempting to log into a server or account that you are not authorized to access; (ii) accessing data or taking any action to obtain services not intended for you or your use; (iii) attempting to probe, scan, or test the vulnerability of any system, subsystem, or network; tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures without proper authorization; (iv) transmitting material that contains viruses, Trojan horses, worms, time bombs, cancel-bots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the operation of the Site or Services; (v) interfering with, intercepting or expropriating any system, data or information; (vi) interfering with service to any user, host, or network including, without limitation, by means of overloading, “flooding,” “mail-bombing,” or “crashing” any computer system.
“Spam” and Similar Actions. You are prohibited from transmitting the same or similar unsolicited e-mail messages, bulk commercial advertising, or chain letters to one or more email groups (which are two or more e-mail addresses aggregated as a single e-mail addressee).
Infringement. The content on the Site is the property of SoHoSoleil or third parties associated with SoHoSoleil. You are prohibited from using the Site or Services to infringe SoHoSoleil’s or any other person’s copyright, trademark, patent or other intellectual property rights. SoHoSoleil may terminate your right to access the Site and Services if we believe you are using the Site and Services in a manner that infringes the copyright, trademark, patent or other intellectual property rights of SoHoSoleil or another party. You may be ordered by a court to pay money damages to SoHoSoleil and to the rightful owner of any intellectual property rights you violate.
Other Prohibited Actions. In using this Site or Services, you agree not to: (i) post, e-mail, or otherwise transmit or use the Site or Services in furtherance of any unlawful, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind any material that exploits children or is invasive of another person’s privacy or other rights, or any material that SoHoSoleil in its sole discretion does not wish posted or transmitted on the Site or Services; (ii) continue to send e-mail to a recipient who has indicated that he/she does not wish to receive a communication from you; (iii) engage in and/or encourage conduct that would: 1) violate any applicable law or regulation; or 2) give rise to civil liability; (iv) engage in conduct which could damage or impair the intended operability of the Site or the Services; (v) impersonate any individual or entity, falsely state or otherwise misrepresent your identity or affiliation in any way, or forge, delete or alter any part of TCP/IP packet header information in any e-mail or other posting; (vi) engage in deceptive online marketing; or (vii) assist or permit any persons in engaging in any of the activities described above.
Your Content. You must exercise caution, good sense and proper judgment in using the Site and Services. You are responsible for any material you place on or transmit to or through the Site or Services. You agree, represent and warrant that any information you post to or transmit through the Site or Services is truthful, accurate, not misleading and offered in god faith, and that you have the right to post or transmit such information. Such information (including without limitation, data, text, software, music, sound, photographs, graphics, video, messages or any other materials whatsoever), whether publicly posted or privately transmitted, is your sole responsibility. If you are an advertiser, please also see Paragraph 9 of the General Terms.
Use of Information. You agree that use of any information obtained via the Site or Services is at your own risk.
Consequences of Unacceptable Use. SoHoSoleil reserves the right (but not the obligation) in its sole discretion to refuse or delete any of your content as well as suspend or terminate without notice your access to the Site and Services upon a violation or attempted violation of this Agreement. Indirect or attempted violations of this Agreement, and actual or attempted violations by a third party acting on your behalf or instruction, shall be deemed violations by you of this Agreement. Furthermore, it is a violation of this Agreement to use the services of another company for the purpose of facilitating any of the activities that violate this Agreement if such use of another company’s service could reasonably be expected to adversely affect the Site and Services in any manner.
No Licensing. By your use of the Site or the Services you receive no license, express or implied, under any patent rights or trade secret rights now or hereafter, owned, controlled or possessed by SoHoSoleil.
Reciprocal Noncompetitive Linking. You may not link your website to the Site without the prior written consent of SoHoSoleil. This provision includes, but is not limited to linking either directly or indirectly to the “SoHo Directory” including the “Map,” “Parking,” or any other pages created by and a part of www.sohosoleil.com. Those in a related industry or who have information of service for our clientele, may request us to promote their non-competitive businesses on www.sohosoleil.com after they have placed a link to the Site on their own website. Consent may be requested by emailing info (at) sohosoleil (dot) com and providing the following: (i) the name of your website; (ii) the website URL address; (iii) the date your site will become available for public access; and (iv) a short description of your company. SoHoSoleil will then e-mail the requester a confirmation if the requester’s link has been approved. This will result in the requester’s link on the Site.
Trademarks and Copyrights. The materials provided through the Site including, but not limited to, all information, text, messages, images, photographs, illustrations, designs, icons, files, trademarks, copyrighted material, specifications, catalogs, literature, technical information, advertisements and other content or materials on the Site, as well as the organization and layout of the Site, are copyrighted and are protected by United States and international copyright laws and treaty provisions. You may access, download and print materials on the Site solely for your personal and non-commercial use, however, any print out of the Site, or portions of the Site, must include the copyright notice of the owner of such materials. No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading or printing such materials. Unless otherwise specified, you may not copy, modify, distribute, transmit, display, reproduce, publish, license, creative derivative works from, frame in another website, use on any other website, transfer or sell any information obtained from this Site. The foregoing prohibition expressly includes, but is not limited to, the practices of “screen scraping” or “database scraping” to obtain lists of users or other information. The trademarks and service marks used or displayed on the Website are either trademarks or service marks or registered trademarks or service marks of SoHoSoleil or a third party. Marks of third parties may appear on this Site when referring to those entities or their products or services. None of these trademarks or service marks may be used in any way without receiving the prior express written permission of the owner of the trademark or the service mark. The user may forward, distribute, and/or photocopy copyrighted materials of SoHoSoleil located on this Site only if the entire relevant page or document is unaltered and complete, including all of their headers, footers, disclaimers, and other information. You may not copy these documents to a Website.
No Warranty. This Site and Services are provided “As Is” and without warranties of any kind, whether express or implied, to the fullest extent permissible pursuant to applicable law, SoHoSoleil disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. SoHoSoleil does not represent or warrant that the functions or Services contained in the Site will be uninterrupted or error free, that defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components and SoHoSoleil will not be liable for any losses resulting from such potentially harmful defects. SoHoSoleil does not make any warranties or representations regarding the use of contents of this Site or Services in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some jurisdictions do not allow exclusion of implied warranties, so the above limitations and exclusions may not apply to you.
Limitation of Liability. SoHoSoleil shall not be liable to you or any other party for any compensatory, punitive, special or consequential damages that result from the use of, or the inability to use, the Site, the Services or the contents on this Site or the performance of the Site, Services or products described on this Site, even if SoHoSoleil has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusion may not apply to you. If you are dissatisfied with any portion of the Site or the Services or with any of these terms, your sole and exclusive remedy is to discontinue using the Site and the Services.
Non-Confidentiality of User Materials. You are not to transmit any material to or through this Site that you consider to be confidential or proprietary. Any material that you transmit to or though this Site will be considered non-confidential and non-proprietary. Except as expressly provided in a separate written agreement between you and SoHoSoleil, you give SoHoSoleil an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information. You further agree that SoHoSoleil has the right to use, without any payment or accounting to you or others, any concepts, know-how or ideas that you (and those who act on your behalf) transmit to or through this Site.
Third Party Web Sites. You may be able to link from the Site to third party web sites and third party web sites may link to the Web Site (Linked Sites). You acknowledge and agree that SoHoSoleil has no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such Linked Sites or the information, content, products, services, advertising, code or other materials presented on or through such Linked Sites. SoHoSoleil disclaims any liability for links (1) from another web site to this Site and (2) to another website from this Site. SoHoSoleil cannot guarantee the standards of any web site to which links are provided on this Site nor shall SoHoSoleil be held responsible for the contents of such sites, or any subsequent links. SoHoSoleil does not represent or warrant that the contents of any third party web site is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. In addition, SoHoSoleil is not responsible for or any form of transmission received from any linked website. Any reliance on the contents of a third party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
Advertisers. If you are an individual who would like to advertise on the Site (an Advertiser), you are responsible for your own advertisement content. All advertisements are accepted and published on the Site upon the representation by the Advertiser that they are authorized to publish the entire contents and subject matter thereof and that such content (or availability) will not violate any law or infringe upon any right of any party. In consideration of the publication of advertisements, the Advertiser will indemnify, defend and hold SoHoSoleil harmless from and against any and all losses and expenses, including but not limited to attorney’s fees, arising out of the publication of such advertisements on the Site, including, without limitation, those arising from claims or suits for defamation, copyright or trademark infringement, misappropriation, violation of the Lanham Act or right of privacy or publicity, or from any and all similar claims now known or hereafter devised or created.
Indemnity of SoHoSoleil. You agree to indemnify, hold harmless, and defend SoHoSoleil Locations, LLC and SoHoSoleil’s affiliates, agents, locations, officers, directors, and employees from and against any claim, demand, cause of action, debt, loss or liability, including attorney’s fees, to the extent that such action is based upon, arises out of, or relates to your violation, or violation by any other person using your password or account, of the terms and considerations of this Agreement.
Non-Waiver. Failure by either party to exercise any rights under this Agreement in any one or more instances shall not constitute waiver of such rights or other rights in any other instance.
Applicable Law and Dispute Resolution. This Agreement shall be governed by the internal substantive laws of the State of New York, United States (without giving effect to its principles of conflict of laws). Where federal jurisdiction exists over any action, suit or proceeding arising out of or in any way connected with this Agreement, you and SoHoSoleil designate the United States District Court for the Southern District of New York, for the exclusive resolution of that dispute and submit to the jurisdiction of that court. Where federal jurisdiction does not exist over that action, suit or proceeding, you and SoHoSoleil designate the Supreme Court of the State of New York, New York County for the exclusive resolution of that dispute and submit to the jurisdiction of that court.
How to Contact Us. If you have any questions or concerns about the online statement for this Site or its implementation you may contact us at: info (at) sohosoleil (dot) com.