SOMM Terms & Conditions

Posted in Terms & Policies

 

SOMM Terms & Conditions


Terms And Conditions Of Use. Effective 12/03/2008; Updated 4/2/2010


1. ACCEPTANCE OF TERMS


The Slice Of My Mind organization ("SOMM"), comprised of the Internet site
www.sliceofmymind.com (the "SOMM Site", “SOMM Opinion Platform”), provides the information and services on the SOMM Site to you, the user, conditioned upon your acceptance, without modification, of the terms and conditions of use ("Terms") contained herein. Your use of the SOMM Site constitutes agreement with such Terms.


Before using the SOMM Site, please carefully read this agreement relating to your use of the SOMM Site. By using the SOMM Site, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use the SOMM Site.


SOMM reserves the right, at SOMM's sole discretion, to change, modify, add or remove portions of these Terms periodically. Such modifications shall be effective immediately upon posting of the modified agreement to the SOMM Site. Your continued use of the SOMM Site following the posting of changes to these Terms & Conditions will mean that you accept those changes.


Use of SOMM Site constitutes full acceptance of and agreement to the Terms; if a user does not accept SOMM's Terms, he or she is not granted rights to use SOMM Site as defined herein, and should refrain from accessing SOMM Site.


To see the update of these Terms & Conditions, SOMM will post both the changed version and its effective date on the SOMM Site.


SOMM reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any or all SOMM Site (or any part thereof). SOMM shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.


2. NO UNLAWFUL OR PROHBIITED USE


By using SOMM Site, you warrant to SOMM that you will not use SOMM Site, or any of the content obtained from SOMM Site, for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use SOMM Site automatically terminates.


3. DESCRIPTION OF SERVICES


The SOMM Site are owned and operated by SOMM for the purpose of an opinionated content platform where users can voice their opinions on numerous topics (the "Purpose"). The SOMM Sites provide literary and multimedia content, opinionated news, and products reviews for the adult user base of SOMM Opinion Platform. SOMM also sells subscriptions to our SOMM Premium Membership service and sells SOMM Points Packs.


4. REGISTRATION OBLIGATIONS


When requested, each SOMM Site user must: (1) personally provide true, accurate, current and complete information on SOMM Site's registration form (collectively, the "Registration Data") and (2) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, SOMM has reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, SOMM may suspend or terminate that user's account and prohibit any and all current or future use of the SOMM Site (or any portion thereof) by that user other than as expressly provided herein.


Each user will receive passwords and account designations upon completing certain SOMM Site registration processes and is wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring hereunder. SOMM cannot and will not be liable for any loss or damage arising from a user's failure to comply with this Section 4, including any loss or damage arising from any user's failure to: (1) immediately notify SOMM of any unauthorized use of his or her password or account or any other breach of security; and (2) ensure that he or she exits from his or her account at the end of each session.


SOMM handles user Registration Data in accordance with the SOMM Site' Privacy Policy.


5. CONTENT


All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever (collectively, "Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that the user, and not SOMM, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via the SOMM Site. No user shall transmit Content or otherwise conduct or participate in any activities on SOMM Site that, in the judgment of SOMM, is likely to be prohibited by law in any applicable jurisdiction, including laws governing the encryption of software, the export of technology, the transmission of obscenity, or the permissible uses of intellectual property.


SOMM reserves the right to refuse or delete any Content of which it becomes aware and reasonably deems not to fulfill the Purpose. In addition, SOMM shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it reasonably considers to violate the Terms or be otherwise illegal. SOMM, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by SOMM to protect the rights, property, or personal safety of SOMM Site' users and the public. SOMM does not control the Content posted to the SOMM Site and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will SOMM be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via SOMM Site.


Each user, by using SOMM Site, may be exposed to Content that is offensive, indecent or objectionable. Each user 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. The SOMM Site is designed and operated for the mature adult user.
 
5.1 SOMM Members Content Creation & Submission Agreement

As a SOMM Member, you are granted a limited non-exclusive license to create and submit various forms of Content for the Sliceofmymind.com site (SOMM Opinion Platform). You agree to the following Terms & Conditions and Slice Of My Mind Content Publishing Rules & Guidelines Agreement that apply to all involvement of your use on the SOMM Opinion Platform.
 
By using the SOMM Opinion Platform to post your content, you agree to be bound by this Agreement and Slice of My Mind Content Publishing Rules & Guidelines Agreement, whether you are a "Visitor and/or Non-logged User" (which means that you simply browse the SOMM Site) or you are a “SOMM Member” (which means that you have registered an SOMM Membership account with Sliceofmymind.com). The term "User" refers to a Visitor, a SOMM Member or SOMM Content Team Member. You are only authorized to use the SOMM Opinion Platform (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the SOMM Site and discontinue use of the SOMM Opinion Platform immediately. If you wish to become a SOMM Member, communicate with other SOMM Content Team Members and other SOMM Members and make use of the SOMM Opinion Platform, you must read this Agreement and you indicate acceptance during the registration of your SOMM Membership.
 
SOMM may modify this Agreement from time to time and such modification shall be effective upon posting by SOMM on the SOMM Site. You agree to be bound to any changes to this Agreement when you use the SOMM Opinion Platform after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
 
Please choose carefully the information and content you post on the SOMM Opinion Platform and that you provide to other Users. Your SOMM profile may not include the following items: telephone numbers, street addresses, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other SOMM Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and SOMM assumes no responsibility or liability for this material. If you become aware of misuse of the SOMM Opinion Platform by any person, please contact a SOMM Moderator and/or SOMM Admin by PM or e-mail ASAP.
 
SOMM reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the SOMM Opinion Platform at any time, for any or no reason, with or without prior notice, and without liability. SOMM expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of the SOMM Opinion Platform if SOMM determines, in its sole discretion, that you pose a threat to SOMM and/or its Users.

Eligibility. Use of and Membership in the SOMM Opinion Platform is void where prohibited. By using the SOMM Opinion Platform, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 17 years of age or older; and (d) your use of the SOMM Opinion Platform does not violate any applicable law or regulation. Your profile may be deleted and your SOMM Membership account may be terminated without warning, if we believe that you are less than 17 years of age and do not have special written permission to use the SOMM Opinion Platform.
 
5.2 Proprietary Rights in Content on the SOMM Site/Opinion Platform.
 
A SOMM Member is an individual that can creates and post multimedia (literary, sounds, music, audio, movies, films, flash and any other media type) content to the user base of the SOMM Opinion Platform. A SOMM Member is not required to create and post any content like blogs, articles, columns, videos, audio and etc to enjoy the SOMM Opinion Platform. Some SOMM Site functionality does require SOMM Points for participation and you can only earn SOMM Points by completing SOMM Actions.
 
You hereby agree:
 
1. SOMM does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the SOMM Opinion Platform unless you are a paid member of the SOMM Content Team. After posting your Content to the SOMM Opinion Platform, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the SOMM Opinion Platform, you hereby grant to SOMM a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the SOMM Opinion Platform.
 
Without this license, SOMM would be unable to provide the SOMM Opinion Platform. For example, without the right to modify SOMM Member’s Content, SOMM would not be able to digitally compress music files that SOMM Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform SOMM Member Content, SOMM could not allow Users to listen to music posted by SOMM Members. The license you grant to SOMM is non-exclusive (meaning you are free to license your Content to anyone else in addition to the SOMM Content Platform), fully-paid and royalty-free (meaning that SOMM is not required to pay you for your posted content or for its use on the SOMM Opinion Platform), sub licensable (so that SOMM is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the SOMM Opinion Platform), and worldwide (because the Internet and the SOMM Opinion Platform are global in reach). This license will not terminate at the time you cancel your SOMM Member account (you grant us up to 90 days to continue to use your posted content and by the 90th day remove your Content from the SOMM Opinion Platform). The license does not grant SOMM the right to sell your Content, nor does the license grant SOMM the right to distribute your Content outside of the SOMM Opinion Platform. The license does grant SOMM the right to use parts of your Content to promote and market the SOMM Opinion Platform.
 
2. You represent and warrant that: (i) you own the Content posted by you on or through the SOMM Opinion Platform or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the SOMM Opinion Platform does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the SOMM Opinion Platform.
 
3. The SOMM Opinion Platform contain Content of the SOMM Content Team ("SOMM CT Content"). SOMM Content Team Content is protected by copyright, trademark, patent, trade secret and other laws, and SOMM owns and retains all rights in the SOMM CT Content and the SOMM Opinion Platform. SOMM hereby grants you a limited, revocable, non-sub licensable license to enjoy the SOMM CT Content (excluding any software code) solely for your personal use in connection with viewing the SOMM Site and using the SOMM Opinion Platform. You may not use any of our SOMM CT Content for “fan fiction”, commercial and/or personal products, or any other (we reserved the right at our sole discretion to stop any use of our copyrighted works) use except for critical expression.
 
4. The SOMM Content Platform contain Content of SOMM Members and other Sliceofmymind.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the SOMM Opinion Platform.
 
5.3 Content Posted.
 
1. SOMM may delete any Content that in the sole judgment of SOMM violates this Agreement or which may be extremely offensive, illegal or violate the rights, harm, or threaten the safety of any person. SOMM assumes no responsibility for monitoring the SOMM Opinion Platform for inappropriate Content or conduct. If at any time SOMM chooses, in its sole discretion, to monitor the SOMM Opinion Platform, SOMM nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
 
2. You are solely responsible for the Content that you post on or through any of the SOMM Opinion Platform, and any material or information that you transmit to other SOMM Members and for your interactions with other SOMM Users. SOMM does not endorse and has no control over the Content from SOMM Members. Content is not necessarily fully reviewed by SOMM prior to posting and does not necessarily reflect the opinions or policies of SOMM. SOMM makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other SOMM Members.
 
5.4 Content/Activity Prohibited.
 
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the SOMM Opinion Platform. SOMM reserves the right to investigate and take appropriate legal action against anyone who, in SOMM's sole discretion, violates this provision, including without limitation, removing the offending communication from the SOMM Opinion Platform, imposing fines on the SOMM Points balance and terminating the account of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of SOMM:
 
1. is patently offensive or promotes, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
5. solicits personal information from an individual and/or group of people on SOMM;
6. provides any telephone numbers, street addresses, last names, URLs or email addresses;
7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
12. solicits passwords or personal identifying information for commercial or unlawful purposes from other SOMM Users;
13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
14. includes a photograph of another person that you have posted without that person's consent; or
15. for SOMM Member profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile and/or Content.
 
The following is a partial but more refined list of the kind of activity that is illegal or prohibited on the SOMM Website and through your use of the SOMM Opinion Platform. SOMM reserves the right to investigate and take appropriate legal action against anyone who, in SOMM's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
 
# criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
 
# advertising to, or solicitation of, any SOMM Member to buy or sell any products or services through the SOMM Opinion Platform. You may not transmit any chain letters or junk email to other SOMM Members. It is also a violation of these rules to use any information obtained from the SOMM Opinion Platforms in order to contact, advertise to, solicit, or sell to any SOMM Member without their prior explicit consent. In order to protect our SOMM Members from such advertising or solicitation, SOMM reserves the right to restrict the number of emails/PMs which a SOMM Member may send to other SOMM Members in any 24-hour period to a number which SOMM deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the SOMM Opinion Platform, you acknowledge that you will have caused substantial harm to SOMM, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay SOMM $50 for each such unsolicited email or other unsolicited communication you send through the SOMM Opinion Platform;
 
# covering or obscuring any advertisements on your personal profile page, or any SOMM Site page via HTML/CSS or any other means;
 
# any automated use of the system, such as using scripts to add friends or send comments or messages;
 
# interfering with, disrupting, or creating an undue burden on the SOMM Opinion Platform or the networks or services connected to the SOMM Opinion Platform;
 
# attempting to impersonate another SOMM Member, SOMM Moderator, SOMM Admin or person;
 
# for Youtube (or any other multimedia site code) videos, copying the code from your SOMM Social Video Tab and embedding it into other profiles or asking other SOMM Members to embed it into their profiles;
 
# using the account, username, or password of another SOMM Member at any time or disclosing your password to any third party or permitting any third party to access your account;
 
# selling or otherwise transferring your profile;
 
# using any information obtained from the SOMM Opinion Platform in order to harass, abuse, or harm another person;
 
# displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the SOMM Opinion Platform on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your Top friends, or sending private messages with a commercial purpose; or
 
# using the SOMM Opinion Platform in a manner inconsistent with any and all applicable laws and regulations.
 
SOMM is not responsible for any incorrect or inaccurate Content posted on the SOMM Website or in connection with the SOMM Opinion Platform, whether caused by SOMM Users of the SOMM Opinion Platform or by any of the equipment or programming associated with or utilized in the SOMM Opinion Platform. Content created and posted by SOMM Members on the SOMM Website may contain links to other websites. SOMM is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by SOMM. Inclusion of any linked website on the SOMM Opinion Platform does not imply approval or endorsement of the linked website by SOMM. When you access these third-party sites, you do so at your own risk. SOMM takes no responsibility for third party advertisements which are posted on this SOMM Website or through the SOMM Opinion Platform, nor does it take any responsibility for the goods or services provided by its advertisers. SOMM is not responsible for the conduct, whether online or offline, of any SOMM User of the SOMM Opinion Platform. SOMM assumes 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 SOMM User or SOMM Member communication. SOMM is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the SOMM Opinion Platform or combination thereof, including any injury or damage to SOMM Users or to any person's computer related to or resulting from participation or downloading materials in connection with the SOMM Opinion Platform. Under no circumstances shall SOMM be responsible for any loss or damage, including personal injury or death, resulting from use of the SOMM Opinion Platform, attendance at a SOMM event, from any Content posted on or through the SOMM Opinion Platform, or from the conduct of any SOMM Users of the SOMM Opinion Platform, whether online or offline. The SOMM Opinion Platform are provided "AS-IS" and as available and SOMM expressly disclaims any warranty of fitness for a particular purpose or non-infringement. SOMM cannot guarantee and does not promise any specific results from use of the SOMM Opinion Platform.

5.5 SOMM Premium Membership Subscription (One-Time Monthly, Recurring) Terms of Service

If you have subscribed to a paid service, then by so subscribing you are entering into a legal and binding agreement between yourself, as an end user (referred to herein as "you," "your," and/or "yourself") and SOMM (also referred to herein as "our," "us," and "we"). If you do not wish to be bound by these Additional Terms of Use or SOMM Privacy Policy, then you must discontinue your use of the Services.


5.6 Promotional trial subscriptions

We may occasionally offer promotional trial subscriptions to the SOMM Premium Membership services for free or at special discounted prices. If you sign up for a trial subscription, your subscription will be either 1) automatically renewed at the normal subscription rate in effect at the end of the trial period, unless you cancel before the end of the trial period; or 2) terminated, unless you successfully sign up for a paid subscription, depending on the terms of your trial subscription.


5.7 Payment Obligation and Credit Card Authorization

When subscribing to a paid service, you must use a major credit card in order to register for the Service. You hereby authorize us to charge your credit card to pay for your initial Service subscription and for any automatic renewals. Until you cancel your subscription, we will renew it automatically, and we will charge your credit card each year, monthly increments or each month (depending on the subscription term that you selected when you registered) for the price of a then-current annual, monthly incerments or monthly subscription (depending on the subscription term that you selected when you registered).

All sales are final. You may cancel the renewal of your subscription not less than ten (10) days prior to its renewal date by cancelling your subscription through your PayPal account. Once subscription fees have been charged to your credit card, they are nonrefundable. Only in cases of demonstrated and documented fraud will subscription payments be refunded.

You agree to pay all fees and charges that you incur through your account, including, but not limited to, applicable taxes. You will also be responsible for charges for any products or services that you purchase that are offered for sale through the Service. In addition, you are also responsible for paying any amounts billed to your credit card by someone who uses your card without your permission, even if your credit card company does not cover such costs.

If we do not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon our demand. Your credit card issuer agreement governs your use of your designated credit card in connection with the Service, and you must refer to that agreement and not these Additional Terms of Use to determine your rights and liabilities as a cardholder.
 
 
5.8 Fees.
 
You acknowledge that SOMM reserves the right to charge for the SOMM Opinion Platform to SOMM Members and to change its fees from time to time in its discretion. If SOMM charges for features outside of the SOMM Premium Membership service, it is at our sole discretion to give any monetary incentive, if any, for you to continue to post content on the SOMM Opinion Platform. If SOMM terminates your account because you have breached the Agreements, you shall not be entitled to the refund of any unused portion of subscription/one-time fees. When the SOMM Premium Membership service becomes active, please read the SOMM Premium Membership Agreement when added to this Terms and Conditions Agreement.
 
6. SOMM Points Terms & Conditions of Use:
 
SOMM Points are the official currency of Sliceofmymind.com. Through your use of the services on Sliceofmymind.com and/or our affiliates, you may earn SOMM Points. You can only earn SOMM Points if your SOMM Membership is active, valid and in good standing with the SOMM Community and Sliceofmymind.com Officials (Webmaster, Administrators, Moderators and Affiliates).
 
6.1 Ownership of SOMM Points
 
SOMM Points (SP) is the exclusive property of Sliceofmymind.com, and remains the property of Sliceofmymind.com even as you earn them through your SOMM activities. SOMM Points cannot be sold, traded, borrowed, loaned, given or distributed by any other means unless you have the strict written permission by a Sliceofmymind.com Super Administrator or higher ranking SOMM Official. You are hereby given a non-exclusive, terminable (at any time) license to use SOMM Points in accordance with these Additional Terms, Sliceofmymind.com Terms & Conditions and Sliceofmymind.com Privacy Policy.
 
6.2 SOMM Points Program and SOMM Points Adjustments
 
Sliceofmymind.com and its officials can modify, alter, remove parts of and/or cease total use of the SOMM Points System & Program on Sliceofmymind.com at anytime, without any warning and/or notice. Sliceofmymind.com and its officials can impose fines on you and your SOMM Membership SOMM Points balance if we determine you have broken, misused or violates any SOMM Rules, Sliceofmymind.com Terms and Conditions, SOMM Points Terms & Conditions and Sliceofmymind.com Privacy Policy.
 
6.3 SOMM Points Usage: 
 
1.) You can use SOMM Points to purchase products from the SOMM Prize Bin
2.) You can use SOMM Points to purchase virtual products/items.
3.) You have the right to accumulate SOMM Points to earn SOMM Levels, up to the maximum of 1000000 SOMM Points or then highest SOMM Level.
4.) You cannot earn more than 1000000 (one million) SOMM Points on any single SOMM Membership account. You agree that any SOMM Points earned over 1000000 SOMM Points will be forfeited by you instantly, without warning, notice and/or appeal hearing.
5.) You agree that SOMM Admins and above in their own discretion, have the right to adjust (increase/decrease) your SOMM Points total at any time, without warning and/or notice. You do have the right to hold an internet appeal hearing (over an IM program of the webmaster’s choice, at the time and date of the webmaster’s choice.) over an adjustment to your SOMM Points account ONCE per calendar year. You agree that once the appeal hearing is over, you will receive a Final Judgment e-mail and that the Appeal Hearing’s results are FINAL.
6.) If your SOMM Membership is cancelled, banned and/or [inactive for 30 days or more], any SOMM Points you’ve accumulated are subjected to Account Maintenance fees or can be completely forfeited.


7. LICENSING AND OTHER TERMS APPLYING TO CONTENT POSTED ON THE SOMM SITES:

Use, reproduction, modification, and other intellectual property rights to data stored on the SOMM Site will be subject to licensing arrangements that may be approved by SOMM as applicable to such Content between SOMM and SOMM Members who create and submit content to SOMM. For SOMM Members content, use, reproduction, modification, and other intellectual property rights to data stored in our databases, they are the original copyright holders and remain as such. They agree to allow us to market and promote their content on the Sliceofmymind.com Site, affiliate websites and worldwide according to section 5. of this Agreement. This agreement does not apply to SOMM Members that are paid staff members of the SOMM Content Team.

With respect to text or data entered into and stored by publicly-accessible site features such as forums, comments and bug trackers ("SOMM Public Content"), the submitting user retains ownership of such SOMM Public Content; with respect to publicly-available statistical content which is generated by the site to monitor and display content activity, such content is owned by SOMM. In each such case, the submitting user grants SOMM the royalty-free, perpetual, irrevocable, non-exclusive, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, all subject to the terms of any applicable license.

With respect to content posted to private areas of SOMM site (e.g., private development tools or mail), the submitting user may grant to SOMM such rights and licenses as the submitting SOMM user deems appropriate.

Content located on any SOMM-hosted subdomain which is subject to the sole editorial control of the owner or licensee of such subdomain, shall be subject to the appropriate license applicable to such Content, or to such other licensing arrangements as may be approved by SOMM as applicable to such Content.

8. NO RESALE OF SERVICE

You agree not to sell, resell, or offer for any commercial purposes, any portion of the SOMM Site, use of the SOMM Site, or access to the SOMM Site. The SOMM Site services are for the personal use of SOMM Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by SOMM. Illegal and/or unauthorized use of the SOMM Opinion Platform, including collecting usernames, personal information and/or email addresses of SOMM Members and Visitors by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the SOMM Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from SOMM Members profiles, SOMM Forum Signatures, SOMM Messenger messages, SOMM Chatrooms or any other form of SOMM communicative systems without notice and may result in termination of account privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the SOMM Opinion Platform.

9. GENERAL PRACTICES REGARDING USE AND STORAGE

SOMM may establish general practices and limits concerning use of the SOMM Site. While SOMM will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, SOMM has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by any SOMM Site. SOMM reserves the right to mark as "inactive" and archive accounts and/or Content that are inactive for an extended period of time. SOMM reserves the right to change these general practices at any time, in its sole discretion, with notice to users and the public as described in Section 1 above.

10. TERMINATION

SOMM may terminate a user's account in SOMM's absolute discretion and for any reason. SOMM is especially likely to terminate for reasons that include, but are not limited to, the following: (1) violation of these Terms; (2) abuse of site resources or attempt to gain unauthorized entry to the site or site resources; (3) use of an SOMM site in a manner inconsistent with the purpose; (4) a user's request for such termination; or (4) as required by law, regulation, court or governing agency order.


SOMM's termination of any user's access to any or all SOMM Sites may be effected without notice and, on such termination, SOMM may immediately deactivate or delete user's account and/or bar any further access to such files. SOMM shall not be liable to any user or other third party for any termination of that user's access or account hereunder. In addition, a user's request for termination will result in deactivation but not necessarily deletion of the account. SOMM reserves the right to delete, or not delete, a user's account at SOMM's sole discretion, as well as to delete, or not delete, content at SOMM's sole discretion.


11. Official SOMM LINKS


SOMM, any SOMM Site affiliate or an approved and authorized third party may provide links to other websites. SOMM exercises no control whatsoever over such other websites and web-based resources and is not responsible or liable for the availability thereof or the Content, advertising, products or other materials thereon. SOMM shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of linked websites, including information, material, products and services therein, is solely at your own risk.


The SOMM Sites' Privacy Statement is applicable only when you are on a SOMM Site. Once you choose to link to another website, you should read that website's privacy statement before disclosing any personal information.


12. INDEMNITY; DISCLAIMER; LIMITATIONS OF LIABILITY


Each user shall indemnify, defend and hold harmless SOMM, and its parent corporation and affiliates and their respective officers, employees and agents, and each of SOMM's website partners, from any and all claims, demands, damages, costs, and liabilities including reasonable attorneys' fees, made by any third party due to or arising out of that user's acts or omissions, including claims arising out of that user's use of the SOMM Site; his or her submission, posting or transmission of Content or his or her violation of the Terms.


EACH USER'S USE OF SOMM SITE IS AT HIS OR HER SOLE RISK. SOMM SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND SOMM ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. SOMM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, SOMM MAKES NO WARRANTY THAT (i) SOMM SITE OR ANY SERVICE THEREON WILL MEET YOUR REQUIREMENTS, (ii) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. EXCLUDING ONLY DAMAGES ARISING OUT OF SOMM'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, SOMM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SOMM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER'S USE OR INABILITY TO USE ANY SOMM SITE OR SERVICES THEREON; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SOMM SITE; OR ANY OTHER MATTER RELATING TO SOMM SITE. IN NO EVENT SHALL SOMM'S TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OF SERVICE OR OTHERWISE EXCEED $500.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN SOMM AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, SOMM DOES NOT AND CANNOT CONTROL THE ACTIONS OF SOMM SITE USERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES. WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO SOMM SITE. OPERATION OF SOMM Site MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE 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 ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY SOMM.


13. COPYRIGHTS

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of SOMM to terminate SOMM Membership privileges of any SOMM Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to SOMM 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 the SOMM Content Platform in a way that constitutes copyright infringement, please provide our 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 the SOMM Opinion Platform; (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.

SOMM respects the intellectual property rights of others, and requires that the people who use the SOMM Site do the same. It is our policy to respond promptly to claims of intellectual property misuse.


If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:


(1) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;


(2) identification of the copyrighted work that you claim has been infringed;


(3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit SOMM to locate the material, including the full URL.


(4) your name, address, telephone number, and email address.


(5) a 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;


(6) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.


If SOMM receives such a claim, SOMM reserves the right to refuse or delete Content as described under Section 5 hereto, or to terminate a user's account in accordance with Section 9.


Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act OF 1998 ("DMCA") is:


SOMM OPINION PLATFORM AGENT
support AT sliceofmymind DOT com (Subject: Copyright Infringement)


After receiving a claim of infringement, SOMM will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, SOMM will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. SOMM will take reasonable steps to expeditiously notify the subscriber that it has removed or disabled access to such material.


Upon receipt of a proper counter notification under the DMCA, SOMM will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification and inform that person that it will replace the removed material or cease disabling access to it in ten (10) to fourteen (14) business days. Additionally, SOMM will replace the removed material and cease disabling access to it ten (10) to fourteen (14) business days following receipt of the counter notice, unless SOMM's designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on SOMM Opinion Platform or network.


You may provide us with a counter notification by providing our copyright agent the following information in writing:


(1) your physical or electronic signature;


(2) identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled, including the full URL;


(3) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;


(4) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which SOMM may be found and that you will accept service of process from the person who provided the initial notification of infringement.

14. SOMM Rules, Guidelines and User Conduct:
 
Member Disputes. You are solely responsible for your interactions with other SOMM Members. SOMM reserves the right, but has no obligation, to monitor disputes between you and other Members.
 
There is zero tolerance for predatory behavior, stalking, threats, harassment, invading privacy, or the revealing of other members' personal information in your content pieces. If you have a problem with a flamer and the person goes beyond the line of regular site use, you do have the right to report that person. Please alert an Administrator ASAP if you feel uncomfortable with a fellow SOMM Member or even an Admin; please contact any other Admin to help mediate the problem(s). You can also contact the Web Masters, Frank or Luci.
 

15. GENERAL INFORMATION


The Terms constitute the entire agreement between each user and SOMM and govern each user's use of SOMM Site, superseding any prior agreements. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third party software. The Terms and the relationship between each user and SOMM shall be governed by the laws of the State of Connecticut without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the county of New Haven, Connecticut. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.


16. VIOLATIONS


Please report any violations of the Terms (except for claims of intellectual property infringement) to SOMM Admin Team at support AT sliceofmymind DOT com (Subject: Terms Violation(s))
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Thursday, August 17, 2017
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