Terms Of Use

TERMS

By accessing or using the Sokhrates website, its service, or any applications (including mobile applications) made available by Sokhrates (herein, the "Service"), however accessed, you agree to be bound by these terms of use ("Terms of Use"). The Service is owned or controlled by Sokhrates S.r.l. SB ("Sokhrates"), registered in Italy.
These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service.



Basic Terms


  1. You acknowledge and agree that you are of legal age and are fully able to enter into the terms, conditions, obligations, acknowledgements, representations, and warranties set forth in these Terms of Service. You agree that you will adhere to and comply with terms set forth herein. You may not use CircleMe if you are not of legal age to enter in the present agreement.
  2. You may not post nude, partially nude, or sexually suggestive photos or content.
  3. You must not abuse, harass, threaten, impersonate or intimidate other users of the Service.
  4. You may not use the Sokhrates service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
  5. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links ("Content") that you submit, post, and display on the Service.
  6. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service or Sokhrates.
  7. You must not crawl, scrape, or otherwise cache any Content from the Service including but not limited to user profiles and photos.
  8. You must not use domain names or web URLs in your username.
  9. You must not transmit any worms or viruses or any code of a destructive nature.
  10. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  11. You must not create accounts with the Service through automated devices and/or softwares (scripts, bots).
  12. Violation of these Terms of Use may, in Sokhrates’ sole discretion, result in termination of your Sokhrates account. You understand and agree that Sokhrates cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Sokhrates, we can stop providing all or part of the Service to you.


Security


When you register on the Site, you will create a new password for use with your account. You are responsible for safeguarding the password that you use to access any secure areas of the Site.
You agree not to disclose your password to any third party.
You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions.
You will immediately notify us of any unauthorized use of your password.
To increase the security of your account, the following are some commitments you make us:

  • You will not use Sokhrates if you are under 13 years of age.
  • You will avoid creating more than one personal account on Sokhrates.
  • You allow Sokhrates to reclaim a username that we think belongs more appropriately to someone else (e.g., for trademark reasons)


General Conditions


  1. We reserve the right to modify or terminate the Service for any reason, without notice at any time.
  2. We reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, we will notify you via e-mail. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgement.
  3. We reserve the right to refuse service for reasonable cause.
  4. We reserve the right to force forfeiture of any username that becomes inactive, violates trademark, or may mislead other users.
  5. We may remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.
  6. We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
  7. You agree that you are responsible for all data charges you incur through use of the Service.
  8. We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with Sokhrates express consent).


Proprietary Rights on Content


  1. Sokhrates does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the Service. By displaying or publishing ("posting") any Content on or through the Service, you hereby grant to Sokhrates a non-exclusive, fully paid and royalty-free, worldwide license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels, for the purpose of operating the Service and promoting it.
  2. Sokhrates does not force you to use your real name, reveal your real identity nor your Facebook account used for registration. However, you cannot use other people or business names in order to create a false appearance or misidentification.
  3. While Sokhrates does record and store internally the association between your Sokhrates account and your Facebook account for the purpose of operating the service, your public identity on Sokhrates can be totally anonymous. We will NOT display or reproduce the Content in a way that associates it with your real identityor Facebook account, unless explicitly authorized by you.
  4. We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any User-Generated Content or endorse any of the opinions expressed therein. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. You acknowledge that any reliance on User-Generated Content will be at your own risk.
  5. You represent and warrant that:
    1. You own the Content posted by you on or through the Sokhrates Services or otherwise have the right to grant the license set forth in this section.
    2. The posting and use of your Content on or through the Sokhrates Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and.
    3. The posting of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the Sokhrates Services.


Sokhrates Content


The Sokhrates Services contain Content of Sokhrates ("Sokhrates Content").
Sokhrates Content is protected by copyright, trademark, patent, trade secret and other laws, and Sokhrates owns and retains all rights in the Sokhrates Content and the Sokhrates Services. Sokhrates hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Sokhrates Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the Sokhrates Services.
The Sokhrates Services contain Content of Users and other Sokhrates licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Sokhrates Services.
Sokhrates performs technical functions necessary to offer the Sokhrates Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Sokhrates Services.
Although the Site and other Sokhrates Services are normally available, there will be occasions when the Site or other Sokhrates Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Sokhrates.
Sokhrates is not a backup service. Sokhrates will not be liable to you for any modification, suspension, or discontinuation of the Sokhrates Services, or the loss of any Content. Sokhrates will normally only delete Content that violates this Agreement, but we reserve the right to delete any Content for any reason, without prior notice. Deleted content may be stored by Sokhrates in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, Sokhrates encourages you to maintain your own backup of your Content.



Liability


  1. Sokhrates’s goal is to make anyone enjoy the things that he/she likes the most, providing information and services related to these different interests. However, since this service is extremely personalized, our team cannot review and test all suggestions provided by the community of Sokhrates users. Hence, we disclaim all liability and responsibility arising from you following any suggestion or other material on our site that you rely, or someone you inform relies on, and does not meet expectations. Additionally, since we cannot enforce users to update all their information (or information created by them), users of the site should be aware that some material may be out of date when they access it.
  2. You understand that by using or accessing Sokhrates you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will we be liable in any way for any content or communications, including, but not limited to, any errors or omissions in any form of User-Generated Content, or any loss or damage of any kind incurred as a result of the use of any Sokhrates Content or User-Generated Content posted, emailed, transmitted or otherwise made available on the Site, via the Service or the Applications.
  3. You may link to our website provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Sokhrates may contain links to third party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by us of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
  4. If you violate any of these Terms of Service, your permission to use and access Sokhrates will automatically terminate. Should your account or usage be terminated, you are prohibited from creating any new accounts or otherwise accessing Sokhrates without our prior written approval. We reserve the right to revoke your access to and use of Sokhrates at any time, with or without cause. We also reserve the right to cease providing or to change Sokhrates at any time and without notice.
  5. Your access to and use of Sokhrates is at your own risk. We will have no responsibility for any harm to your computer system, loss of data, or other harm that results from your access to or use of Sokhrates.
  6. Sokhrates IS PROVIDED "AS IS," WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT Sokhrates WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED THROUGH Sokhrates OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH Sokhrates. WE ASSUME NO RESPONSIBILITY FOR ANY: PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF Sokhrates; UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; ANY UNAUTHORIZED USE, DISPLAY, PERFORMANCE OR DISTRIBUTION OF YOUR USER-GENERATED CONTENT BY US (UNLESS DUE TO OUR INTENTIONAL FAILURE) OR BY A THIRD PARTY; YOUR INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM Sokhrates; AND/OR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH Sokhrates BY ANY THIRD PARTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OR THROUGH Sokhrates WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
  7. You agree to defend, indemnify, and hold us, our officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys' fees and costs, arising out of or in any way connected with: (i) your access to or use of Sokhrates; (ii) your violation of these Terms of Service; (iii) your violation of any third party right, including without limitation any intellectual property right, including but not limited to right of attribution, publicity, confidentiality, property or privacy right; or (iv) any claim that your User-Generated Content caused damage to a third party, including, without limitation, claims that your User-Generated Content is infringing.
  8. In the event that any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force and effect.
  9. Our failure to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.
  10. These Terms of Service and any action related thereto will be governed by the laws of Italy without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the state courts located in Rome, Italy, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.