Terms Of Services

Last modified: Jan 17, 2019

Welcome to SoftMela!

 

Thank you for using SoftMela services. SoftMela provides diverse Internet and mobile-based services (applications). The following comprehensive terms of service (the “Terms of Service”) are applicable to all SoftMela services provided by SoftMela Team. (“SoftMela”) based on your SoftMela Account in order to provide you with more accessible and user-friendly services. By using our Services, you are agreeing to these terms. Please read them carefully.

*SoftMela services means any service using the SoftMela brand and provided by SoftMela.

Various SoftMela Services are available to you.

 

SoftMela offers many kinds of Services that you can enjoy on your pc or mobile devices. You may download any app through SoftMela website and app and install to your mobile. We ask for your understanding in this regard, and please feel free to view the detailed instructions for use of each Service that will be made available through SoftMela. SoftMela hereby grants you a personal, worldwide, non-assignable, non-exclusive and royalty-free license necessary for your use of Services. However, please be reminded that SoftMela does not grant you a right to use the SoftMela trademarks, service marks, logos, branding or names.

In order to improve the level of Services, SoftMela may update the software required for use of Services. SoftMela may add important functionalities or remove insignificant functionalities through such software updates. Please update your software regularly so that you can enjoy Services to the fullest extent possible.

In order to provide you with a better service, SoftMela may send you various notifications, messages and other advertising materials and information related to your use of Services by notifying you directly in the Services or by sending an email to you. Please make sure your email address is Real when logging in to use SoftMela services. If you encounter any errors in the system while using the Services, please contact the SoftMela Support Team.

If you choose to connect to a 4G/LTE network provided by your carrier when using SoftMela Services, please note that you may be charged additional data fees by your carrier. You’ll be responsible for any additional data charges incurred when using SoftMela Services. Please contact your carrier for further inquiries regarding your data plans.

SoftMela protects your personal information.

 

Safe handling of your personal information is very important to us. SoftMela will use your personal information only within the purpose and scope for which your consent is given to us to ensure seamless provision of Services. Unless otherwise required by the relevant laws and regulations or consented by you, SoftMela will never disclose your personal information to a third party. Please refer to the SoftMela Privacy Policy for information on the efforts made by SoftMela to protect your personal information.

SoftMela protects the copyright of content.

 

SoftMela respects your intellectual property rights. You may provide content such as photos, text, information, comments or proposals, by posting them on Services, and you retain all intellectual property rights in and to such content.

SoftMela believes that your content has useful information and that it is very important to ensure that such content is accessed by legitimate means and process. If you post any content on Services, the content may be exposed to SoftMela services, and you will be deemed to have granted to SoftMela and its partners a worldwide and permanent license to use, store, copy, modify, publicly transmit, display and distribute such content within the required extent.

In this case, SoftMela complies with copyrights laws, and you may at any time take actions to delete the concerned content. For the avoidance of doubt, the rights granted to SoftMela and its partners under such license will be used only for the purposes of the operation, improvement and promotion of Services and the development of new SoftMela services. You should have acquired all legal rights necessary for you to be able to grant a license to SoftMela to use the content you provided to SoftMela, and you may not disclose or post any content that is pornographic or violates public order, laws or good morals.

If SoftMela determines that the content you have provided violates relevant laws or SoftMela’s policies, SoftMela may remove, delete or refuse to post such content; however, SoftMela does not have an obligation to review or edit any content. If you believe that your right has been infringed, you may get help from the SoftMela Support Team for the relevant Service.

SoftMela Username Policy

 

The following types of usernames are prohibited:

 

Promotional usernames:

Are the name of a company, organization, group, website, or product (including non-profit organizations).
Contain URLs or email addresses.

Usernames implying shared account use:

Imply shared access between people, such as “Jack and Jills Account”.
Are names of posts within groups or organizations, such as “Secretary of the XY Foundation”.

Misleading usernames:

May impersonate celebrities, major world figures, known SoftMela editors, etc.
Contain words like “bot” or “script” which refer to accounts designed to perform automated editing processes, unless the account is an authorised account of that type.
Contain phrases like “admin” or “sysop”, which imply illusory authority on SoftMela.

Offensive usernames:

Contain words or phrases that are likely to offend other users.
Contain or imply personal attacks or contain contentious material about living persons.

Disruptive usernames:

Seem intended to provoke emotional reaction (“trolling”).
Show a clear intent to disrupt SoftMela.

* Please note that SoftMela reserves the right to close any user account at any time for any reason, including but not limited to those Username Policy mentioned above.

 

Services may be suspended occasionally.

 

SoftMela strives to provide Services 24 hours a day, 365 days a year without interruption. However, as a result of a regular or temporary inspection of the equipment for maintenance or repair or due to other unavoidable causes, Services may temporarily be suspended. In such case, we will provide a prior notice to you within the relevant Service. If Services are suspended due to causes not foreseen by SoftMela, SoftMela will notify you thereof immediately after SoftMela determines the causes for the relevant suspension.

The Terms of Service are subject to change.

 

In order to reflect changes to applicable law or changes to Services, among other reasons, SoftMela may revise the Terms of Service. In the event of a change to the Terms of Service, SoftMela will post a notification thereof on the start-up page of the individual Service, and the revised Terms of Service will become effective 15 days after the posting of such notification. However, if the revised Terms of Service may affect you adversely, SoftMela will give you a reasonable 30 day prior notice thereof by sending you an email to the email address used for your SoftMela Account or an alarm message.

SoftMela will receive your comments on the revised Terms of Service for a period from the date of the posting of such notice of the proposed revision until the effective date of the revised Terms of Services. Your failure to provide your comments within such period will be deemed as your consent to the revised Terms of Service. Unfortunately, if you do not consent to the revised Terms of Service, SoftMela will be unable to provide Services to you.

Privacy and Copyright Protection

 

SoftMela’s privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that SoftMela can use such data in accordance with our privacy policies. We respond to notices of alleged copyright infringement and removed all copyrighted materials of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. You can send DMCA takendown request to SoftMela.

Disclaimer of Warranties, Limitations of Remedies, Indemnity

 

Although of course we strive to make SoftMela as dependable as possible, SoftMela’s services are provided on an AS IS – WITH ALL FAULTS basis. Your use of our service is entirely at your own risk. We do not guarantee the availability of our service at any given time, or the reliability of our service when it is running. We do not guarantee the integrity of, or the continued availability of, files on our servers. Whether we make backups, and if so, whether restoration of those backups will be available to you, is at our discretion. SoftMela DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF FITNESS AND MERCHANTABILITY. NOTWITHSTANDING ANYTHING ELSE STATED IN THESE TERMS, AND IRRESPECTIVE OF WHETHER SoftMela TAKES OR DOES NOT TAKE MEASURES TO REMOVE INAPPROPRIATE OR HARMFUL CONTENT FROM ITS SITE, SoftMela HAS NO DUTY TO MONITOR ANY CONTENT ON ITS SITE. SoftMela DOES NOT ASSUME RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS, OR HARMLESSNESS OF ANY CONTENT APPEARING ON SoftMela.COM THAT IS NOT PRODUCED BY SoftMela, INCLUDING BUT NOT LIMITED TO USER CONTENT, ADVERTISING CONTENT, OR OTHERWISE.

Your sole remedy for the loss of any services and/or of any images or other data you may have stored on SoftMela’s service is to discontinue your use of our service. SoftMela WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, SoftMela’S SERVICES, EVEN IF SoftMela HAS BEEN ADVISED OF OR REASONABLY SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. NO CAUSE OF ACTION ARISING OUT OF YOUR USE OF SoftMela’S SERVICES MAY BE BROUGHT MORE THAN ONE YEAR AFTER IT OCCURS. YOU WILL INDEMNIFY AND HOLD SoftMela AND ALL OF ITS PERSONNEL HARMLESS FROM ALL LOSS, LIABILITY, CLAIMS, DAMAGES AND EXPENSES, INCLUDING REASONABLE ATTORNEY FEES, ARISING OUT OF OR RELATED TO YOUR VIOLATION OF THESE TERMS, YOUR INFRINGEME.

General

 

Your comments and suggestions are highly appreciated. You may, at any time, visit SoftMela website and app to Contact Us and leave your comments and suggestions. The Terms of Service apply to the relationship between SoftMela and you only, and no third party will be entitled to any benefits under the Terms of Service.