SODA TERMS OF SERVICE

Last updated on Jul 29, 2023

Effective date on Jul 28, 2023

This agreement is a contract between you and "SODA" and governs your use of the SODA. By using the SODA,  you agree to be bound by the following Terms of Service (the "Terms of Service"), whether. We may modify this Agreement occasionally, and such modification shall be effective upon posting by us on the mobile application and website. We may update you on our changes through your email or notify you through the mobile app or website. You agree to be bound by any changes to this Agreement when you use the Service after any such modification is posted. This Agreement includes SODA for acceptable use and content posted on the mobile application and website, your rights, obligations, and restrictions regarding your use of the mobile application and website, and the Service and SODA Privacy Policy.

If you are under the age of 18, you may not download or use our Services. We do not knowingly collect or maintain information from children under the age of 18. If you are under the age of 18, you must get your parent or guardian to read and agree to our Terms of Service and Privacy Policy. Please, choose carefully the information you post on our Services and the information you provide to other Members. Your SODA may not include the following items: nude, violent, or offensive images or texts. The information posted by other SODA Members may contain inaccurate, inappropriate, or offensive materials, products, or services and SODA assumes no responsibility or liability for this material.

We reserve the right, in its sole discretion, to reject, refuse to post, or remove any posts (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the mobile application and website and/or services at any time, for any or no reason, with or without prior notice, and without liability.

  1. 1. General

We reserve the right to change these Terms of Service at any time. We will notify you through your confirmed email address or within the mobile app and website. You are responsible for keeping yourself apprised of any such changes if you dismiss these notifications. If you object to any Terms of Service or any subsequent changes or you become dissatisfied with our Services in any way, your only option is to delete your account. Your continued use of our Services after we post revised Terms of Service means that you agree to the revisions. You must be at least 18 years old to download our services. By requesting to use, or using our Services, you represent and warrant that you are not required to register as a sex offender with any government entity.

Our Services are free, but your Internet provider’s or mobile operator’s fees and rates may still apply. However, we do have in-app purchases that you can buy if you want to use some of our extra features.

  1. 2. Information About How You Use the Services

We may collect information about your actions on the Services. This may include information such as the pages and profiles you view, how you use the Services, your Coin balance, and purchases you make through the Services such as Gifts, Coins, etc. It can also include the various functions and features that you use, such as the connections you make, other friends or contacts you invite to the Services and profile searches you perform, how often you log in and with your IP address, and how many profiles you have created, or your use of our applications. Read more on our Privacy Policy.

  1. 3. Content Posted on the Mobile Application and Website

3.1. You understand and agree that our Services may review and delete any content, message, photo, profile, video, sound, musical work, works of authorship, or any other materials (collectively, "Content") that is in our sole judgment.

3.2. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service or any material or information that you transmit to other Members.

3.3. By posting any Content to the public areas of the mobile application and website, you hereby grant us the non-exclusive, fully paid, worldwide license to use, reproduce, publicly perform and display such Content on the mobile application and website, including without limitation distributing part or all of the mobile application and website in any media formats and through any media channels. You represent and warrant that: (i) you own the Content posted by you on the mobile application and website or otherwise have the right to grant the license outlined in this section, and (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person. You agree to pay all royalties and fees owed to any person because of any content you post on the mobile application and website.

3.4. The following is a partial list of the kind of Content that is illegal or prohibited on the mobile application and website. We reserve 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 Service and terminating the membership of such violators.

Prohibited Content includes Content that:

i. is patently offensive and promotes racism, sexism, bigotry, hatred, or physical harm of any kind against any group or individual, any content that is obscene, pornographic, or otherwise may offend human dignity.

ii. Harasses or advocates harassment of another person or contains language which could be deemed offensive or is likely to harass, upset, embarrass, alarm, or annoy any other person;

iii. involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming" or pyramid scams;

iv. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;

v. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or SODA to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or SODA to pirated music files;

vi. contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page);

vii. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;

viii. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, and providing or creating computer viruses;

ix. solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

x. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.

3.5. You must use the Service in a manner consistent with any and all applicable laws and regulations.

3.6. You may not include in your publicly accessible Member profile any telephone numbers, street addresses, last names, URLs, or usernames from any social platforms or email addresses.

3.7. You may not engage in advertising to or solicitation of, any Member to buy or sell any products or services through the Service. You may not transmit any chain letters or junk emails to other Members. Although we can not monitor the conduct of its Members off the mobile application and website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, we reserve the right to restrict the number of messages which a Member may send to other Members at any period to a number that we deem appropriate in its sole discretion.

3.8. You may not attempt to impersonate another user or a person.

  1. 4. Prohibited Activities

We reserve the right to investigate, suspend and/or terminate your account if you have misused the Service or behaved in a way we regard as inappropriate or unlawful, including actions or communications that occur off the Service but involve users you meet through the Service. The following is a partial list of the type of actions that you may not engage in with respect to the Service. You will not:

We reserve the right to freeze your account if we see that your actual location is different from the location you provided, or if your IP address changes continuously varying between countries. You agree that all information that you submit upon creation of your account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to SODA above. You understand and agree that we may monitor or review any content you post as part of a service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.

In consideration for SODA allowing you to use the Services, you agree that we, our affiliates, and our third-party partners may place advertising on the Services. By submitting suggestions or feedback to us regarding our Services, you agree that we may use and share such feedback for any purpose without compensating you.

You agree that we 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, such as to (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.

  1. 5. Your Interactions with Other Users

Though we strive to encourage a respectful user experience, it is not responsible for the conduct of any user on or off of the Services. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. You should not provide your financial information (for example, your credit card or bank account information), wire, or otherwise send money, to other users. You are solely responsible for your interactions with other members. We reserve the right but have no obligation to monitor disputes between you and other members.

  1. 6. No Spam Policy

You may not engage in any activity involving spam on our Services. Violations of this policy may result in immediate termination of service and legal action against any spammer. Accordingly, you may not upload, post, email, transmit or otherwise make available junk mail, commercial advertisements, or any other form of commercial solicitation on our Services. Violations of this policy could subject you or your agents to civil and criminal penalties.

  1. 7. Modifying the Services and Termination

We are always striving to improve the Services and bring you the additional functionality that you will find useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Services entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so. You may terminate your account at any time, for any reason. We may terminate your account at any time without notice if we believe that you have violated this Agreement.

  1. 8. Eligibility

Membership in the Service is void where prohibited. By using the mobile application and website and the Service, you represent and warrant that all registration information you submit is truthful and accurate. You represent and warrant that you are 18 years of age or older and that your use of the Service shall not violate any applicable laws or regulations. Your profile may be deleted without warning if it is found that you are misrepresenting your age. Your Membership is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address. You are solely responsible for all Content published or displayed through your account, including any email messages, and for your interactions with other members.

  1. 9. Disclaimers

We are not responsible for any incorrect or inaccurate Content posted on the mobile application and website or in connection with the Service provided, whether caused by users of the mobile application and website, Members or by any of the equipment or programming associated with or utilized in the Service. We are not responsible for the conduct, whether online or offline, of any user of the mobile application and website or Member of the Service. We assume 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, any user or Member communication. our Services is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, wireless phones or other devices, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any mobile application and website or combination thereof, including any injury or damage to users and/or Members or to any person's computer related to or resulting from participation or downloading materials in connection with the mobile application and website and/or in connection with the Service. Under no circumstances shall SODA be responsible for any loss or damage, including personal injury or death, resulting from the use of the mobile application and website or the Service or from any Content posted on the mobile application and website or transmitted to Members, or any interactions between users of the mobile application and website, whether online or offline. The mobile application and website and the Service are provided "AS-IS" and SODA expressly disclaims any warranty of fitness for a particular purpose or non-infringement. SODA cannot guarantee and does not promise any specific results from use of the mobile application and website and/or the Service. We take no responsibility for third-party advertisements which are posted on this SODA mobile application and website or through the SODA Service, nor does it take any responsibility for the goods or services provided by its advertisers.

  1. 10. Disputes

You agree that any dispute relating in any way to these Terms of Service or SODA, including without limitation your or third-parties’ access to or use of our Services, will be resolved by binding arbitration and not through litigation in any court (except in small claims court if the claim is within the court’s jurisdiction and proceeds on an individual basis). Claims are subject to arbitration, regardless of what they are based on or whether they seek legal or equitable remedies. Arbitration applies to any and all such claims or disputes, whether they arose in the past, may currently exist, or may arise in the future.

  1. 11. Indemnity

You agree to indemnify and hold SODA, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

  1. 12. No Agency

There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between SODA and any User of the Service.

  1. 13. Non-commercial Use by Members

The mobile application and website is for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of our Services. Illegal and/or unauthorized use of the mobile application and website will be investigated. Commercial advertisements, affiliate SODA, and other forms of solicitation may be removed from member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken by SODA for any illegal or unauthorized use of the mobile application and website.

  1. 14. Customer Service

SODA provide assistance and guidance through its customer care representatives. When communicating with our customer care representatives, you agree not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or not to behave inappropriately. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.

  1. 15. Disclaimer of Warranties

You use SODA at your sole risk. We do not guarantee that our Services will always be safe, secure or error-free or that our Services will always function without disruptions, delays or imperfections. We make no warranty that our Services will meet your requirements, or SODA will be uninterrupted, timely, secure, and error-free. We make no warranty that the results obtained from us will be accurate or reliable. We make no warranty that the quality of products, Services, information, material, or purchased features obtained through our Services will meet your expectations. Any downloaded or obtained material through our Services is done at your own risk. You will be solely responsible for any damage to your or others' devices directly or indirectly from the download of any such material. Some jurisdictions do not allow the exclusion of such warranties or the limitation or the exclusion of liability for incidental or consequential damages. Some of the limitations of the warranty may not apply to you. In such cases, the warranties and liability will be limited to the fullest extent permitted by applicable law.

  1. 16. Copyright Policy

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. It is the policy of our Services to terminate the membership privileges of any member who repeatedly infringes copyright upon prompt notification to SODA by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on our Services in a way that constitutes copyright infringement, please provide our Designated Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on our Services; (iv) your address, telephone number, and email address; (v) a written 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; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

  1. 17. Safety and Security

We do not currently conduct criminal background screenings on our Members. We reserve the right, however, to conduct any criminal background check we deem appropriate, at any time and using available public records. By agreeing to these Terms of Service, you hereby authorize any such check.

  1. 18. Limitation on Liability

In no event shall our Services be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages including lost profit damages arising from your use of the mobile application and website or the Service even if our Services have been advised of the possibility of such damages.

SODA's liability to you for any cause, whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the Service during the term of Membership.

  1. 19. Cost of Services

(i)Some of the value-added services of SODA need to be paid for, if you need to purchase the relevant value-added services, you can purchase them on the purchase page of the corresponding services and pay for them through the payment channels opened by SODA, and the relevant value-added services will be opened on the date when the payment is completed.

(ii)You should confirm the type, quantity, duration and auto-renewal period of the purchased service according to the actual demand when you make the purchase. If SODA has blocked the offending user in accordance with the requirements of laws and regulations, the user shall not ask for modification or refund again.

  1. 20. Other

This Agreement is accepted upon your use of the mobile application and website and is further affirmed by you becoming a Member of the Service. This Agreement constitutes the entire agreement between you and SODA regarding the use of the mobile application and website and/or the Service. The failure of SODA to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this SODA are for convenience only and have no legal or contractual effect. Please, contact us with any questions regarding this Agreement. I have read this Agreement and agree to all of the provisions contained above.