At Sodaplay, we are committed to protecting your privacy. Under the UK Data Protection Act 1998, which came into force on 1 March 2000, we follow strict procedures in the storage and disclosure of the information you have provided to us.
We collect personal information from you through the use of our registration form and every time you e-mail us your details. When you register, we may collect your name, e-mail address, gender, age and location.
We also collect information automatically about your visit to our site. The information obtained in this way, which includes demographic data and browsing patterns, is only used in aggregate form.
Use of personal information
We currently process personal information collected via Sodaplay.com to notify you about important functionality changes to the Web site, and update you with information about our new products and services.
If you do not wish to receive information about our products or services please tick the appropriate box on the registration form.
From time to time, we may hold community competitions on the site. When you enter a competition we will ask for your name, address and e-mail address so we can administer the competition and notify winners.
Use of Aggregated information
We also use information in aggregate form to:
- build up marketing profiles - support the development of our products and services - manage our relationship with advertisers - track usage patterns of the site
Disclosing information to third parties
Currently we do not disclose your personal information to third parties. If ever we would like to in the future we will ask your permission first and you can always choose to opt out at that time or anytime thereafter.
We at Sodaplay are committed to protecting your privacy. We use the information we collect on the site to make your overall play time at Sodaplay an enjoyable one.
Terms of Service
As a user of Sodaplay you agree that by using this Web site and the software it contains, you accept our Terms of Service.
Acceptance of Terms
Sodaplay.com is provided by Soda Creative Ltd ('Soda').
Sodaplay provides these services to you subject to the following Terms of Service ('TS'), which Soda may update from time to time without notice to you.
All applets, applications, code, scripts, tools, or any components thereof contained within the Service will be known as 'Soda Software'
In addition, when using the Sodaplay services, Soda Software, or other items provided by Sodaplay, you will be subject to any posted guidelines and rules. All guidelines and rules are hereby incorporated by reference into the TS.
Description of the Services
Sodaplay currently provides access to software products and the resources to help a user create models as an online data set. Our service allows users to send links of their models to other users-via the software, the 'Service'.
(Sodaplay applications, supplied data, user authored data, saved data, displayed data, user authored text, emails and links to any data sets stored by Sodaplay will be described in the TS as 'Content'). Soda also provides the resource to create and to register a user account.
We may add, delete or change some or all of the services provided for free as part of the Service at any time. Unless otherwise stated the TS apply to you whether you are a casual user of the Service, or a registered user.
In consideration of your use of the Service, you agree to:
- provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the 'Registration Data') - maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or Sodaplay has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sodaplay has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
You will receive an account designation upon completing the registration process or log -in. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree immediately to notify Sodaplay if there is any unauthorised use of your password or account or any other breach of security.
Sodaplay cannot and will not be liable for any loss or damage arising from your failure to comply with these terms.
Code of Conduct
Sodaplay does not control the Content created within the software, emails, or links made or posted via the Service. You understand that by using the Service, it is possible that you may be exposed to Content that is offensive, indecent or objectionable.
Sodaplay will under no circumstances be liable, in any way for any Content.
In order to help us protect our users, and the service, you agree not to use the Soda Software or any part of the services to:
- publish, distribute, disseminate or otherwise transmit (hereinafter referred to as 'send') any Content that is unlawful, tortuous, defamatory, harmful or invasive of another's privacy, or otherwise be objectionable, including, but not limited to material that promotes or provides instructional information about illegal activities or promotes physical harm or injury against any group or individual;
- send or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
- send or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary and intellectual property rights of any party, or rights of publicity or privacy of any party, unless you are the owner of such rights or have the permission of the owner to post or transmit such material;
- harm minors in any way;
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- forge or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- interfere with another user's use and enjoyment of the Service, which includes transmitting any material that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- attempt to gain unauthorised access to the Service, Soda Software, other's accounts on the Service, or private mailing lists on the Service through password mining or any other means;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, UK legislation such as the Data Protection Act, Consumer Protection Act, or Financial Services Act, or any amendments or replacements of such acts;
- violate any law or regulation (including without limitation those governing export control, unfair competition, discrimination or false advertising); or
- interfere with or disrupt the Service or servers or networks connected to the Service, or infringe any requirements, procedures, policies or regulations of networks connected to the Service
In addition, you acknowledge that Sodaplay does not screen Content, but that Sodaplay and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service.
Without limiting the foregoing, Sodaplay shall have the right to remove any Content that violates the TS or which is, in our opinion, objectionable.
Sodaplay reserves the right to terminate or restrict your access to any or all of the Services at any time without notice for any reason whatsoever.
You acknowledge and agree that Sodaplay may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with any applicable law; enforce the TS; respond to claims that any Content violates the rights of third-parties; or protect the rights, property, or personal safety of Sodaplay, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
Licences and Proprietary Rights
You agree not to modify the Soda Software in any manner or form, or to use modified versions of the Soda Software, including (without limitation) for the purpose of obtaining unauthorised access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Sodaplay to users or others for use in accessing the Service. Upon termination of your use of the Service, the licence to use the Soda Software shall cease forthwith.
You acknowledge and agree that Content in the Service or information presented through the Service by Sodaplay or by advertisers is protected by ours or their copyright, trademarks, service marks, patents, or other proprietary rights and laws. You acknowledge and agree that Sodaplay can display images and text throughout the Service, including the insertion of sponsor messages into messages distributed on Sodaplay mailing lists.
You acknowledge and agree that Sodaplay owns or is licensed to use all intellectual property rights (including without limitation all copyrights, patents, trademarks and trade secrets) in connection with and in all versions of the Service, the Soda Software, any Soda Content and any data (including Registration Data) generated by Users.
Disclaimer of warranties
You expressly understand and agree that you use the Service at your sole risk. Sodaplay, to the fullest extent permitted by law, disclaim all warranties, including but not limited to warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights. Sodaplay and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software, text, graphics, and links.
Sodaplay makes no warranty that the Service will be uninterrupted, timely, secure, and error-free or that errors in the software will be corrected. If your use of the web site or the material results in the need for servicing or replacing equipment or data, the company is not responsible for those costs.
No advice or information, whether oral or written, obtained by you from Sodaplay or through or from the Service shall create any warranty not expressly stated in the TS.
Sodaplay shall not be held responsible for any Content generated by third parties.
You agree to defend, indemnify, and hold harmless Sodaplay, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Content (including Soda Software), the Service, your connection to the Service or your breach of the terms of these TS. Sodaplay shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably assist you, at your expense, in defending any such claim, suit or proceeding.
No Resale of Services
You agree that without expressly documented permission, or license, you will not reproduce, duplicate, copy, sell, resell, de-compile or exploit for any commercial purposes, any portion of the Software, Service, use of the Service, or access to the Service.
Limitation of Liability
Your use of the Service is at your own risk. If you are dissatisfied with any of the Content or the Service or with these TS, or any other rules or policies, your sole remedy is to discontinue use of Sodaplay.
Modifications to the TS or to the Service
Sodaplay reserves the right to change the TS at any time without notice. Sodaplay also reserves the right at any time to modify or discontinue the Service, temporarily or permanently, with or without notice to you. You agree that Sodaplay shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service.
Use and Storage of Content and Data
You agree that Sodaplay has no responsibility or liability for the deletion or failure to store any data or other Content maintained or transmitted by the Service. You acknowledge that Sodaplay reserves the right to log off accounts that are inactive or very little used for an extended period of time. You further acknowledge that Sodaplay reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Sodaplay, Soda, the Sodaplay logo, and other Sodaplay logos and product and service names are trademarks of Soda Creative Limited (the 'Sodaplay Marks'). Without Sodaplay's prior permission, you agree not to display or use in any manner, the Sodaplay Marks.
Sodaplay makes no claims that the Content is appropriate for any particular purpose or audience, or that it may be downloaded outside of the United Kingdom. Access to the Content (including any software) may not be legal by certain persons or in certain countries. If you access a User Site from outside of the United Kingdom, you are responsible for compliance with the laws of your jurisdiction.
Sodaplay is headquartered in London, England. All legal issues arising from or related to the use of the Service shall be construed in accordance with and determined by the laws of the England By using Sodaplay, you agree that the exclusive forum for the bringing of any claims or causes of action arising out of or relating to your use of Sodaplay are the English courts. You hereby accept and submit to the jurisdiction of such court in any such proceeding or action, and irrevocably waive, to the fullest extent permitted by law, any objection which you may have now or hereafter have to be laying of the venue of any such action or proceeding brought in such a court and any claim that any such action or proceeding brought in such a court has been brought in an inconvenient forum.
If any provision of the TS is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the TS, which shall remain in full force and effect. No waiver of any term of the TS shall be deemed a further or continuing waiver of such term or any other term.