The following is a binding agreement. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE COMPLETING YOUR REGISTRATION. By using and/or visiting SoKap.com (collectively, including all content available through SoKap.com, you signify your assent to the Agreement, SoKap.com's Privacy Policy, SoKap.com's Security Policy and the Services you obtain from the utilization of SoKap.com's Services and which are incorporated herein by reference. It is your responsibility to review this Agreement periodically. If at any time you find the Agreement and incorporated Agreements unacceptable, you must immediately leave the Website and cease all use of the Services and the Website. You agree that by using the Services you represent that you are at least Eighteen (18) years old and that you are legally able to enter into this Agreement.
We reserve the right to amend this Agreement at any time and without notice. If we do this, we will post the Amended Agreement on this page, use commercially reasonable efforts to notify you of the change and indicate at the top of the page the date the Agreement was last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.
If the meaning of defined terms (those words or phrases capitalized) is not contained in the specific paragraph or section of this Agreement it will be found in the list of definitions at the end of this Agreement.
The right to use SoKap.com is personal to a User and is not transferable to any other Individual. An Engaged User is responsible for all use of such Engaged User's User Account (under any Username or Password) and for ensuring that all use of such Engaged User's User Account complies fully with the provisions of this Agreement. Each Engaged user shall be responsible for protecting the confidentiality of such Engaged User's Password(s), if any.
SoKap shall have the right at any time to change or discontinue any aspect or feature of SoKap.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.
We advise you to seek independent legal counsel from a lawyer of your own choosing before agreeing to be bound by this Agreement. You confirm you have had a free and unfettered opportunity to consult with legal counsel of your own choice and you have either consulted with such independent legal counsel or voluntarily declined to do so.
This Agreement shall be binding on the assigns, heirs, executors, personal representatives, administrators, and successors (whether through merger, operation of law, or otherwise) of each of the parties.
You are entitled to a full refund of your payment, subject to the terms of this Paragraph 1.5. SoKap will not transfer any funds to a Seller during the refund period herein defined. SoKap's refund policy, and the minimum refund policy required of all Sellers, is as follows:
SoKap has the right, at any time, to change or modify the terms and conditions of this Agreement applicable to a Engaged User's use of SoKap.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use, except for a charge to Engaged User’s to access the SoKap.com website. Such permitted changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on SoKap.com, or by electronic or conventional mail, or by any other means by which an Engaged User obtains notice thereof. Any use of SoKap.com by an Engaged User after such notice shall be deemed to constitute acceptance by the Engaged User of such changes, modifications or additions. The most current version of the Agreement can be reviewed by clicking on the "Terms of Use" hypertext link located or published at the bottom of our Web pages.
In the sole discretion of SoKap to be helpful or meaningful, notice of change of terms may be posted on the Engaged User's User Account page of the Website.
SoKap provides an on-line sales venue which allows Users to review and Members to sell or buy projects, products, and events listed on the SoKap web site.
SoKap provides an on-line sales venue which allows Sellers to pre-sell to be produced by the Seller, and Users to review and/or pre-buy those products. The sole purpose of pre-selling a product is to raise the total amount of funds necessary to produce the product being pre-sold.
SoKap pre-screens initial listing content and related information but we do not represent we will review content or information subsequently uploaded or posted by Sellers or Engaged Users. As a result, SoKap has no control over the quality, safety, morality or legality of any aspect of any changes to information originally posted (including modifications to, additions to or deletion from information posted) or the truth or accuracy of those subsequent changes.
You agree that SoKap is an on-line sales venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by Sellers or Engaged Users, or outside parties on SoKap.com.
In association with the on-line sales venue SoKap may provide a Communication Service allowing direct communication between Sellers and Engaged Users as well as between individual Engaged Users. The Communication Service will not expose personal information of the Users, including email addresses, unless expressly agreed to by the individual User.
You use the Service at your own risk.
Engaged Users shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of SoKap.com and all charges related thereto.
If you Register as a Engaged User and even if you do not Engage with, or pay for, the some of the Services, you may still incur charges incidental to using the Services; for example, charges for Internet access, mobile text messaging, or other data transmission.
SoKap's Services are available only to, and may only be used by Engaged Users, who if they are an individual person, is 18 years and older and who can form legally binding contracts under law applicable in British Columbia, Canada. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the User and is responsible for any and all activities.
SoKap's Services are available to Engaged Users, regardless of the country of residency. The Service is controlled and operated from SoKap's facilities in Canada and the United States. SoKap makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to applicable export and import regulations.
Accessing the Service is prohibited from territories where our Service is illegal. If you access the Service from such location, you do so at your own initiative and are responsible for compliance with local laws.
The term of each Engaged User's Account in SoKap ("Term of Engaged user Account") shall begin on the date of registration as a Engaged User.
The Term of Engaged User Account shall expire on earliest of:
An Engaged User Account is subject to immediate termination by SoKap on the occurrence of any one or more of the following:
Any Engaged User posting a transmission through SoKap.com or similar action, which in the sole opinion of SoKap contravenes the provisions of Paragraph 15,
An Engaged User can choose to terminate their User Account at anytime by:
Payment of the available balance of a User Account must be requested by the Engaged User.
Sometimes we will retain personal information from closed accounts to comply with laws, prevent fraud, collect any fees owed, resolve disputes, assist with any investigations, and take other actions permitted by law. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You may browse SoKap.com without registering, but as a condition to using certain aspects of the Service you will be required to register a User Account. Upon completing the registration process, we will create and open a User Account to record and summarize transactions occurring between you, other Engaged Users and SoKap. Your User Account will display details of each cash transaction described in Section 9 of this Agreement and each Rewards Points activity described in Section 10 of this Agreement.
You agree to comply with all laws regarding online conduct and acceptable content within your home jurisdiction and within British Columbia, Canada, SoKap's business jurisdiction. In addition, you must abide by SoKap's policies as stated in this Agreement and SoKap's Privacy Policy.
Keep your password secure. You are solely responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify SoKap of any unauthorized use of your password or any breach of security by sending an email to support@SoKap.com. You also agree that SoKap cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.
You must keep your account information up-to-date and accurate at all times, including a valid email address.
SoKap's services are not available to temporarily or indefinitely suspended Users. SoKap reserves the right, in SoKap's sole discretion, to cancel unconfirmed or inactive accounts. SoKap reserves the right to refuse service to anyone, for any reason, at any time.
Terms of a listed Project may include payment of referral fees. The amount of such referral fees shall be determined solely by the Seller.
When an Engaged User earns referral fees pursuant to the terms of a Project the Engaged User's Cash Account shall be credited with the amount of the referral fee. If the amount is subject to a hold period as imposed by the terms of the Project or by SoKap's payment processor the amount shall be indicated on the Engaged User's Account as not available.
Each User Account shall record and display details of each cash transaction as described in this Section. Engaged Users may withdraw or otherwise allocate the funds in their Cash Account at their sole discretion. Cash Account amounts indicated as available may either be applied for payment to purchase a product, service or event in a Project, or be withdrawn by the Engaged User by direct transfer to the Engaged User's bank account, PayPal account or other similar payment processor or by cheque issued to the Engaged User. At the request of a Engaged User, SoKap shall forthwith transfer to the Engaged User such requested amount, up to the Available Balance, as defined in Paragraph 9.4 of this Agreement, of a Engaged Users' Cash Account, in the manner requested by the Engaged User if such manner is available to SoKap, otherwise by a manner selected by SoKap. All third party banking costs associated with a transfer or payment of funds to the Engaged User shall be paid by the Engaged User. SoKap may charge a reasonable charge for issuing a cheque not to exceeding Twenty-five Dollars Canadian (C$25.00) per cheque issued.
Each Engaged User's Cash Account will indicate: a) Total Cash Available and b) Total Cash on Hold. The Cash Available balance is the amount available for immediate transfer or payout pursuant to Paragraph 9.3. Upon the expiration of a hold period as defined by the Project Terms or as required by SoKap's payment processor (the "Hold Period"), related Referral Fee’s and/or Commissions shall be placed in the referring Engaged User's Cash Available balance. Total Cash on Hold balance shall not be available to the Engaged User until the expiration of the applicable Hold Period. SoKap may, at its sole discretion, waive any Hold Period.
Each Engaged User is responsible for reporting of income earned from receipt of Referral fees or Commission and, if applicable, for payment of income taxes thereon. Further, each Engaged User is responsible for payment of import levies or taxes and all consumption or other levies or taxes within their home jurisdiction on the value of goods shipped to them.
Terms of a listed Project may include the allocation of rewards points for participation in development of the Project ("Rewards Points"). Rewards points will be used to allocate contingent participation to Engaged Users. The allocation of rewards points and use of the rewards points shall be determined solely by SoKap and disclosed on the Project Page.
SoKap will record and report rewards points earned by a Engaged User and the cumulative rewards points earned by all Engaged Users engaged in the Project on the Engaged User's “My Engaged Projects” page.
Rewards points may be used to calculate an amount of a Engaged User's contingent participation income from the Project. How contingent participation income will be earned and how it will be allocated to participating Engaged Users shall be determined by SoKap and the Seller as disclosed on the Project Page.
An Engaged User's earned contingent participation income will be paid as a credit to the Engaged User's Cash Account concurrent with charging the Seller’s account.
SoKap makes no representation or guarantee any Project which offers contingent consideration will earn sufficient income to produce any net proceeds to Engaged Users. Further, SoKap makes no representation or guarantee Engaged Users in their entirety or any individual Engaged User will receive any contingent participation income in excess value of zero dollars ($0) in return for their participation in a project.
SoKap, or its designate, shall hold the sum of all Cash Account balances as reported to Engaged Users on the their User Account page (the "Cash Accounts) in a segregated trust account, or segregated trust accounts (the "Pooled Trust Account" or "Pooled Trust Accounts"). The Pooled Trust Account shall be held in a bank account at a Canadian Chartered Bank (the "Engaged Users' Trust Bank Account") unless otherwise authorized in this Agreement. The Engaged Users' Trust Bank Account shall be designated "SoKap In-Trust for Engaged Users" or other similar designation that clearly identifies the funds are held in trust for others.
Funds deposited and held in the Engaged Users' Trust Bank Account are the property of Engaged Users, not the property of SoKap. SoKap shall not access or use the funds for any purpose except as authorized in this Agreement.
Engaged Users may request transfer of funds from the Engaged User's Cash Account, in accordance with Paragraphs 9.3 and 9.4 of this Agreement.
In the event SoKap.com ceases operation (the “Termination Date”), SoKap shall make reasonable commercial efforts to immediately disburse all amounts in Engaged Users' Accounts. The SoKap in-Trust for Engaged Users trust bank account shall be closed on a date that is no earlier than Three Hundred and Sixty-Five (365) days after the Termination Date. Thereafter, any balance remaining in the SoKap In-Trust for Engaged Users trust bank account, as supported by credits in Engaged Users' Cash Accounts, shall be paid to One (1) or more registered charities (the "Charitable Organizations"). The choice of the Charitable Organizations will be at the sole discretion of SoKap. Such payment to the Charitable Organizations shall only be made if SoKap has made a minimum of four attempts over a two year period to contact the Engaged Users who have a remaining balance in their Cash Accounts. Contacts shall include any of email, postal delivery and telephone call to the last provided contact address or telephone number provided to SoKap by the Engaged User.
SoKap, or its designate, is authorized to invest some or all of the SoKap In-Trust for Engaged Users trust accounts in investments other than in bank accounts at Canadian Chartered Banks (the "Alternate Investments"). Any such Alternate Investments shall only be in high quality government issued and/or other debt instruments with Standard & Poor Rating of "AA" or greater or equivalent rating provided by another rating agency. Engaged Users will, however, always have access to funds held for the Engaged Users' benefit in the Engaged Users' Cash Accounts as held in the Alternative Investment and/or the SoKap In-Trust for Engaged Users trust bank Account. One Hundred percent (100%) of income earned on funds in the SoKap In-Turst for Engaged Users trust accounts shall be paid to one or more Charitable Organizations. The choice of such Charitable Organizations will be at the sole discretion of SoKap
Sellers may fund their Project (the “Project Funds”) by pre-selling product and/or services, selling existing products or by selling exclusive territory distribution licenses (together referred to as “Project Products”).
Sellers determine at their sole discretion the selling price of the Project Products.
Sellers may choose to pay referral fees to Engaged Users at a percentage of the selling price of Product for Sale, as determined at the sole discretion of the Seller at the time the Project is established on SoKap.
Sellers may choose to sell territory distribution licenses and pay commissions to Engaged Users. The selling prices for the territory distribution licenses and the commissions paid are determined at the sole discretion of the Seller.
Funds required to fund completion of a Project will be grossed up by SoKap to include the amount of SoKap fees and referral fees as determined by the Seller (the grossed up amount known as the “Required Funding”).
Projects will have an expiry date, which upon such date if the Project has not been successful in attracting the required funding pledges the Project will be removed from SoKap.
Engaged Users indicate their support of a Project by selecting the “Engage” button on the Project Page or by selecting a Product or exclusive territory distribution license and pledging the indicated price of the Product or license. Upon a Project realizing pledges equal to or in excess of the required funding the Engaged Users will be notified and their chosen payment method will be charged (the “Billing Date”). Where the product is immediately deliverable, the Engaged User will be charged immediately for the Product and the Product will be delivered by the appropriate method.
Projects realising the full amount of the Project Funds will remain active until completion of the listing period. During this period all funds received will be in excess of the Required Funding (the “Excess Funding”)
Required Funding will be paid to the Sellers on the following schedule:
Product(s) finished as a result of funding raised by listing a Project on SoKap must be made available for sale on the SoKap Store (to be opening in February 2011).
Sellers of a Project, product, service or event (an "Item") warrant they may legally sell the Item. SoKap relies upon Sellers to accurately describe the Items. Such description shall be disclosed on the applicable SoKap Big Ideas page. The Item listing will only include text descriptions, graphics, pictures and other content relevant to the sale of that Item. All Items will be listed in an appropriate category with appropriate tags.
All Sellers must outline sales policies for their SoKap marketplace. These policies should include, at a minimum: shipping cost, shipping method, shipping timing, returns policy and return procedures. Sellers must create reasonable policies in good faith and must abide by such policies. All marketplace policies must comply with SoKap.com's site-wide policies. Sellers are responsible for enforcing their own reasonable marketplace policies. SoKap reserves the right to request that a Seller modify a marketplace policy.
All sales are subject to the Business Practices and Consumer Protection Act (British Columbia). SoKap is obligated to deliver the Item(s) or otherwise complete the transaction with the Purchaser in the timeframe and method described in the Big Idea.
The Items may be sold in currency which a Purchaser is unfamiliar. It is the Pruchaser’s responsibility to confirm the amount of their local currency which will be charged to their credit card on completion of a transaction.
Listing a Big Idea is subject to a minimum listing fee set from time to time and posted on the Web site. During the Beta period the listing fee shall be $0. SoKap may waive the listing fee at their sole discretion.
SoKap charges 5% of the selling price when a Big Idea is in Funding mode. The charge is levied at the time payment is processed.
SoKap charges 10% of the selling price a Big Idea is in Production mode and Distribution mode. The charge is levied at the time payment is processed.
In addition to SoKap charges, Sellers will be charged a payment transaction processing fee of 3% of the selling price. The charge is levied at the time payment is processed.
Changes to the pricing for SoKap's services are effective after SoKap provides Sellers with at least thirty (30) days' notice by posting the changes on the Site. SoKap may choose from time to time to temporarily reduce pricing for SoKap's services for promotional events (for example, during the Beta period); such changes are effective when SoKap posts the temporary promotional event on the Site.
SoKap may, at SoKap's sole discretion, change some or all of SoKap's services at any time. In the event SoKap introduces a new service, the pricing for that service are effective at the launch of the service.
SoKap facilitates the purchase of items bought and sold by Engaged Users and Sellers on the Site. Upon the sale of an item listed on the Site, authorized payments made by an Engaged User are transferred to a Seller’s SoKap account less any applicable commissions, finder’s fees, SoKap fee transaction fee, and/or other adjustments. All transfers are subject to a hold period, agreed at the time of listing a Big Idea, at the expiry of such period funds will be transferred to the Sellers available cash balance.
Currency exchange settlements for payments made to SoKap are based on each Member's agreement with his/her payment method provider.
As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use. The Service (including, without limitation, any Content or User Submissions (both as defined below)) is provided only for your own personal, non-commercial use (except with respect to users listing projects as authorized through the Service). You are responsible for all of your activity in connection with the Service. For purposes of the Terms of Use, the term "Content" includes, without limitation, any User Submissions, videos, audio clips, written forum comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Company or its partners on or through the Service.
Engaged Users agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service.
Engaged Users MUST NOT post or transmit through SoKap.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any Law.
SoKap.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound ("SoKap Materials"), and the entire contents of SoKap.com ("SoKap Content") are copyrighted as a collective work under the Canadian, United States and other copyright laws. Certain of the SoKap Content may be provided to SoKap under explicit license or implied license from third parties who own the copyright of such content. Engaged Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit SoKap Content and/or any content on Projects listed on SoKap.com, in whole or in part. Engaged Users may download copyrighted SoKap Material for Engaged User's personal use only (e.g. SoKap Material may not be electronically shared with, transmitted or transferred by any method now known or hereafter devised to any other Individual whether for profit or non-profit without the express prior written consent of SoKap). Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded SoKap Materials will be permitted without the express prior written consent of SoKap and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted SoKap Material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Each Engaged User acknowledges that he/she does not acquire any ownership rights by downloading any copyrighted SoKap Materials.
Engaged Users shall not upload, post or otherwise make available on SoKap.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. The burden of determining that any material is not protected by copyright rests with the Engaged User. Engaged Users shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of SoKap.com ("Submitted Material"), You automatically grant and warrant that the owner of such Submitted Material has expressly granted SoKap the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide by any method now known or hereafter devised and/or to incorporate it in other works in any form, media or technology now known or hereafter devised for the full term of any copyright that may exist in such Submitted Material. You also permit any other Engaged User to access, view, store, or reproduce the Submitted Material for that Engaged User's personal use. You hereby grant SoKap the right to edit, copy, publish and distribute in any manner now known or hereafter devised any Submitted Material made available on SoKap.com by You.
SoKap has no obligation to monitor the Communication Services. However, SoKap reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. SoKap reserves the right to terminate a Engaged User's access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. SoKap reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in SoKap's sole discretion.
Engaged Users must always use caution when giving out any personally identifiable information in any Communication Services. SoKap does not control or endorse the content, messages or information found in any Communication Services and, therefore, SoKap specifically disclaims any liability with regard to the Communication Services and any actions resulting from an Engaged User's participation in any Communication Services. Any managers and hosts are not authorized SoKap spokespersons, and their views do not necessarily reflect those of SoKap.
For clarity, and not as a limitation, Engaged Users agree that when using the Communication Service, Engaged Users will not:
The foregoing provisions of Paragraph 15 are for the benefit of SoKap, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Much of the information on SoKap is updated on a real-time basis and is proprietary or is licensed to SoKap by Engaged Users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access SoKap for any purpose without SoKap's prior express written permission. Additionally, you agree that you will not:
By uploading or posting any information or content on the Service ("Content" or "User Content") you expressly grant, and you represent and warrant that you have a right to grant, to SoKap a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use in connection with the Service.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, personal license to use the Service. SoKap reserves all rights not expressly granted herein in the Service and the SoKap Content (as defined below). SoKap may terminate this license at any time for any reason or no reason. SoKap will only use personal information in accordance with SoKap's Privacy Policy.
As part of a transaction, you may obtain personal information, including email address and shipping information, from another SoKap user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for SoKap-related communications. SoKap has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any SoKap user to your email or physical mail list. For more information, see SoKap's Privacy Policy.
By posting Content on SoKap, it is possible for an outside website or a third party to re-post that Content. You agree to hold SoKap harmless for any dispute concerning this use. If you choose to display your own SoKap-hosted image on another website, the image must provide a link back to its listing page on SoKap.
SoKap may give you the opportunity to post a "widget," or code that creates a SoKap graphic and a link to the Site, on your personal blog, social network profile, or other locations on the Internet. You agree that your use of SoKap widgets is subject to this Agreement, that you will not post any SoKap widget on a web page containing content that is prohibited under the "User Content" section of this Agreement, and that you will remove all SoKap widgets immediately upon termination of this Agreement.
The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under Company's control, and you acknowledge that Company is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Company or any association with its operators. You further acknowledge and agree that Company 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 website or resource.
SoKap does not control the Content provided by users that is made available on SoKap. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretence.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using SoKap, you agree to accept such risks and that SoKap (and SoKap's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on SoKap. Please use caution, common sense, and practice safe buying and selling when using SoKap.
SoKap is not responsible for the availability of outside websites or resources linked to or referenced on the Site. SoKap does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that SoKap 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 resources.
If you identify Content which you feel may be inappropriate, you may notify SoKap of your concern by sending an email to membersupport@SoKap.com
Should you have a dispute with one or more users, or an outside party, you release SoKap (and SoKap's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. SoKap encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
SoKap, for the benefit of users, may try to help users resolve disputes. SoKap does so in SoKap's sole discretion, and SoKap has no obligation to resolve disputes between users or between users and outside parties. To the extent that SoKap attempts to resolve a dispute, SoKap will do so in good faith based solely on SoKap's policies. SoKap will not make judgments regarding legal issues or claims. You may notify SoKap of user disputes at membersupport@SoKap.com.
Each party to this Agreement expressly agrees that any dispute, claim or controversy arising out of or in connection with this Agreement shall be settled solely and exclusively by binding arbitration in Vancouver, British Columbia. Such arbitration shall be conducted in accordance with the then prevailing commercial arbitration rules of the British Columbia International Commercial Arbitration Centre. The arbitrator shall not have the right to award punitive damages or speculative damages to either party and shall not have the power to amend this Agreement. The parties agree that judgment upon the arbitration award will be final, binding and conclusive upon each party and may be entered into any court having jurisdiction. In the case of action under this Paragraph, the prevailing party shall be entitled to recover its costs of the proceeding, including reasonable attorneys' fees and out of pocket expenses.
SoKap, and other SoKap graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of SoKap Community Networks Inc. in Canada and/or other countries. SoKap's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the "SoKap Content"), and all Intellectual Property Rights related thereto, are the exclusive property of SoKap and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the SoKap Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
Respect of Others' Intellectual Property: SoKap respects the intellectual property of others and we ask our Users to do the same. SoKap may, in appropriate circumstances and at its sole discretion, terminate the accounts of Users who infringe the intellectual property rights of others. SoKap will remove infringing materials in accordance with good legal practice in appropriately notified that content infringes copyright.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify SoKap's copyright department. For your complaint to be accepted you must provide the following information in writing:
The above information must be submitted to SoKap at the following address:
Users expressly agree that use of SoKap.com is at the User's sole risk. Neither SoKap, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that SoKap.com will be uninterrupted or error free, or the server that makes it available are free of viruses or bugs; nor do they make any warranty as to the results that may be obtained from use of SoKap.com, or as to the accuracy, reliability or content of any information, service, or merchandise provided through SoKap.com.
Website content, including the information, names, pictures, logos and icons, regarding or relating to SoKap, its products and Services (or to third party products and services) is provided on an "as is" and on an "as available" basis without any representations or warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action. Engaged User’s specifically acknowledge that SoKap is not liable for the defamatory, offensive or illegal conduct of other Engaged Users or third-parties and that the risk of injury from the foregoing rests entirely with the Engaged User.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action. Member specifically acknowledges that SoKap is not liable for the defamatory, offensive or illegal conduct of other Members or third-parties and that the risk of injury from the foregoing rests entirely with the Member.
In addition to the terms set forth above neither, SoKap nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticated of, the information contained within SoKap.com, or for any delay or interruption in the transmission thereof to the Engaged User, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.
Neither party will be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, acts of god, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications). The party affected by any such event shall notify the other party within a maximum of Fifteen (15) days from its occurrence. The performance of this Agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this Agreement.
The sole exclusive right of the Engaged User as to any breach or alleged breach hereunder by SoKap and/or termination or cancellation hereof by SoKap shall be the recovery of damages that were not excluded hereunder, if any, and the rights herein granted by the Engaged User shall not terminate by reason of such breach or alleged breach. In no event may the Engaged User enjoin or restrain the development, production, distribution or exploitation of the Web Site or any part thereof or any materials relating thereto or derived therefrom, or the use, publication, or dissemination of any advertising, promotion, merchandising, or publicity in connection therewith, or to seek to obtain any other equitable relief with respect to any breach of SoKap's obligations hereunder or otherwise.
We care about the privacy of our Users. Click here to view our Privacy Policy. By using the Service, you are consenting to have your personal data transferred to and processed on computers located in Canada that are protected by physical as well as technological security.
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
You and SoKap are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
This Website and provision of Services are provided by SoKap from Canada. The Agreement, the Privacy Policy and any operating rules for SoKap.com shall be construed in accordance with and governed by the laws of Canada and the Province of British Columbia, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the provincial or federal courts in British Columbia, Canada in all disputes arising out of or related to the use of the Website or, without reference to their rules regarding conflicts of law.
Sections 1 (Acceptance of Terms and Binding Effect), 11 (Pooled Trust Accounts), 16 (Content), 18 (Resolution of Dispute and Release), 19 (SoKap's Intellectual Property), 20 (Other's Intellectual Property), 21 (Disclaimer of Warranty and Limitation of Liability), 22 (Privacy), 25 (Severability), 26 (No Agency), 27 (Jurisdiction) shall survive any termination or expiration of this Agreement.
By using the Services, you consent to receive from SoKap all communications including notices, agreements, legally required disclosures or other information in connection with the Services (collectively, "Contract Notices") electronically. It is your responsibility to maintain your current email contact information. SoKap may provide such electronic Contract Notices by posting them on the SoKap Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the SoKap Site and Services.
Except as explicitly stated otherwise, any notices shall be given by postal mail to SoKap Community Networks Inc., Post Office Box 646, Okanagan Falls, British Columbia, Canada, V0H 1R0 (in the case of SoKap) or, in your case, to the email address you provide to SoKap (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, SoKap may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to SoKap. In such case, notice shall be deemed given three days after the date of mailing.
The following words and terms, when used within this Agreement, shall have the following meanings, unless the context clearly indicates otherwise:
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