Terms and Conditions
SodaPop Media provides this website to you for personal information, educational and entertainment purposes. Your use of and access to this website is subject to the Terms and Conditions listed below. Before using this website, please take the time to carefully read these terms and conditions. In these Terms and Conditions, “we” and “our” refer to SodaPop Media, and “you” and “your” refer to any individual, company or legal entity accessing or otherwise using this website.
Acceptance of Terms and Conditions
You agree to be bound by these Terms and Conditions and all terms and conditions contained or referred to herein or any other terms and conditions posted on this website by accessing, browsing, or using this website. You should not access or use this website if you do not agree to all of these terms.
Modification of Terms
SodaPop Media reserves the right to change these Terms and Conditions at any time and without prior notice to you. These modified terms and conditions shall take effect when they are posted. You will be considered to have agreed to these changes if you use or access this website in the future. The website material may be discontinued, changed, or updated at any time without prior notice by SodaPop Media.
Copyright & Trademarks
You acknowledge that all of the materials and information on this website, including the design, graphics, text, formatting, sounds, photos, images, software, and other content, are the property of SodaPop Media or the owner of the applicable intellectual property rights and are covered by and protected by U.S. and international copyright and other intellectual property laws and rights. Without SodaPop Media’s prior written consent, you are not allowed to copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, make derivative works from, or otherwise use any of the content. The content may not be altered in any form or used for either public or commercial reasons.
The trademarks, service marks, trade names, and logos used on this website (including, without limitation, SodaPop Media) are the exclusive property of SodaPop Media, and they cannot be copied, imitated, or used in any other way, in whole or in part, without SodaPop Media’s prior written consent. SodaPop Media will enforce its intellectual property rights to the fullest extent of the law.
Links to Third Party Websites
Links on the website to third party websites are provided only as a convenience to its visitors. You will exit the website if you click on these links. Such third-party websites are not under the control of or supported by SodaPop Media. You acknowledge and accept that SodaPop Media and its affiliates are not in any way responsible or liable for the use of, or your inability to use, any material, goods, or services available on or through these such websites. Use of these links is at the user’s own risk. You are hereby informed that this website may contain links to other websites on the Internet that may contain material or information that some may find offensive or inappropriate, that is untrue, false, misleading, or otherwise misleading, that is defamatory, libelous, violates the rights of others, or that is otherwise unlawful. The content, legality, decency, and accuracy of any information, as well as any goods and services, that appear on any website operated by any third party website are all expressly disclaimed by SodaPop Media. You should familiarize yourself with and read the legal and privacy policies of all other websites you visit.
Disclaimer of Warranties
SodaPop Media makes an effort to present accurate and current information. We cannot, however, guarantee or represent that the information on this website is accurate or up to date. Your sole and exclusive risk is associated with using this website. The website is provided “as is” and “as available,” without any warranties of any kind.
SodaPop Media makes no warranty that (i) the website will meet your requirements, (ii) operate without interruption, timely, securely, or without errors, (iii) be accurate or reliable in terms of any results that may be obtained from the use of the website, (iv) the website is free from viruses or other harmful components, or (v) any errors in the website will be corrected. Any content downloaded or otherwise received from this website is done so at the user’s own risk, and any harm to your computer system or data loss arising from use of the website, including but not limited to harm from computer viruses, is completely your responsibility. We disclaim warranties to the fullest extent permitted by applicable law.
Disclaimer of Damages & Limitation of Liability
Neither Sodapop Media nor its affiliates shall be liable for any damages of any kind arising out of, in connection with or relating to your access to, or use of or inability to use this web site or any material, or any other website you access through a link from this website, or any incorrect or inaccurate information on this website.
This is a comprehensive limitation of liability that applies to all losses and damages of any kind, including any direct, indirect, special, incidental, or consequential damages (including, but not limited to, property damage, loss of use, loss of data, loss of business, economic loss, or loss of profits), regardless of whether the loss or damage was caused by a breach of contract, a violation of a warranty, a tort (including negligence), or another cause, even if SodaPop Media had been informed of the possibility You hereby expressly waive all claims against SodaPop Media and release SodaPop Media and its affiliates, as well as its officers, directors, employees, and suppliers from any and all claims you may have with respect to your access to or use of this website to the fullest extent permitted by applicable law.
Indemnification & Release
You agree to hold SodaPop Media and its affiliates harmless from any and all claims, demands, actions, losses, expenses, damages, and costs, including any reasonable attorneys’ fees, resulting from or relating to your use of or conduct on the website, any activity connected to your use of the website, any message or material you submit, post on, or transmit through the website, your violation of these Terms and Conditions, or your use of the website in a manner that violates the rights of any third party.
No Unlawful or Prohibited Activity
You agree not to use this website for any purposes that are illegal or against the terms and conditions as a condition of using this website. You also acknowledge that your usage of the website and communications there are your responsibility. You acknowledge that you shall not upload or otherwise transmit to or through this website any unlawful, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful, or otherwise objectionable material of any kind, including any material that encourages criminal activity or other conduct that gives rise to civil liability, infringes upon the privacy of others, infringes upon their intellectual property rights, or otherwise infringes upon any applicable local, state, or international law.
You agree not to use this website in any way that interferes or impedes its standard operation or the use and enjoyment of the site by any other user. Before submitting any material, you promise to make a good faith attempt to scan it for viruses and remove them, as well as any other contaminating or damaging elements. If you violate any term or provision of these Terms and Conditions or your use is detrimental to the interests of another user of this website, SodaPop Media reserves the right, in its sole discretion, to suspend or terminate your access to this website and prohibit any and all current and future use of this website (or any portion thereof) by you.
Shut-down of Website
The website (or any portion of it) may be changed or discontinued by SodaPop Media at any time and without prior notice or consent, whether temporarily or permanently. If any content isn’t saved or is deleted, SodaPop Media and its affiliates won’t be held accountable.
Governing Law and Dispute Resolution
These Terms and Conditions shall be governed by, and construed in accordance with, the laws of the United States and the State of Texas, without giving effect to conflicts of law principles thereof. SodaPop Media makes no representations that the material and information on this website are appropriate or available in all national locations or languages and you further agree that any action at law or in equity arising from or relating to the use of this website or to these Terms and Conditions shall be brought exclusively in the Federal or State Courts residing in Texas. You hereby consent and submit to personal jurisdiction in of such courts for the purposes of any action relating to this website, your access or use thereof, or these Terms and Conditions, and to extra-territorial service of process. The material and information provided through this website are directed to and intended for United States users only. SodaPop Media makes no representation that Content contained on the Site is appropriate or available for use in jurisdictions outside the United States. Visitors who use the website and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access this website from any territory where its contents are illegal, and that you, and not SodaPop Media and its affiliates, are responsible for compliance with applicable local laws.
If any provision of these Terms and Conditions is held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then the invalid or unenforceable provision shall be replaced by a valid, enforceable provision that most closely matches the intent of the original provision, and the validity and enforceability of any remaining provisions shall not be affected.
Failure to enforce any part of these Terms and Conditions by SodaPop Media and its affiliates shall not be construed as a waiver of such term or provision and shall not limit SodaPop Media’s right to subsequently enforce strict adherence to such term or any other provision of these Terms and Conditions.