Terms of Service

Soda Player is an advanced video player application for Microsoft Windows and Apple macOS operating systems, available for download from www.sodaplayer.com (the “Website"). The application, including all of its local and remote technical components (the "Service"), is controlled and operated by Freedom Island Privacy Inc., a company headquartered in the Republic of Seychelles (the “Company”).

You (the "Client") acknowledge that Freedom Island Privacy Inc. will not be held liable for any and all liability arising from your use of the Service and/or the Website.

Acceptance

By using and/or visiting the Soda Player service and website (collectively, including but not limited to all services and web-pages available through the domain sodaplayer.com, the website) you agree to the terms and conditions documented herein and the terms and conditions of Soda Player's Privacy Policy found on this website, in addition to all future amendments and modifications (collectively referred to as the "Agreement"). By entering this website and/or subscribing to the services, you agree to be bound by these terms and conditions. If you do not agree to be bound to the terms and conditions contained herein, then please do not use Soda Player website or its services.

This Agreement is subject to changes made by Soda Player at any time at its sole discretion, and you agree to be bound by any and all modifications, changes and/or revisions.

The terms and conditions herein apply to all users of Soda Player whether a 'visitor' or a 'client' and you are only authorized to use Soda Player if you agree to abide by all applicable laws and be legally bound by the terms and conditions of this Agreement.

Access

In order to use this website and services, you affirm that you are at least eighteen (18) years of age and/or are legally able to make purchases on-line. If you are under the age of eighteen (18) years of age, then you must find a legal parent or guardian to purchase and activate this service for you. If you are unable to find a legal parent or guardian to purchase and activate this service for you, you are not permitted to use this website or its services.

Conduct

You agree to comply with all applicable laws and regulations in connection with use of this service. You must also agree that you nor any other user that you have provided access to will not engage in any of the following activities:

  1. Sending or receiving unsolicited and/or commercial emails or messages ('spam') over the Internet.
  2. Exploiting, possessing, producing, receiving, transporting, or distributing any illegal content, including but not limited to any sexually explicit depiction of children.
  3. Uploading, possessing, receiving, transporting, or distributing any copyrighted content which you do not have written consent from the copyright owner.
  4. Interfering with the service to any other user, client, host or network which reduces the quality of service for other clients and users.
  5. Accessing data, systems or networks including attempts to probe scan or test for vulnerabilities of a system or network or to breach security or authentication measures without written consent from the owner of the system or network.
  6. Using this service to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm, injury or destruction of property.
  7. Accessing the service to violate any laws at the local, regional and national level in the Republic of Seychelles or country/territory in which you reside.

Service Level Agreement

Service coverage, speeds and quality are not guaranteed. While Soda Player will make every attempt to maintain the Service availability at all times, the Service may be subject to unavailability for numerous reasons including maintenance, emergencies, third party service failures, transmission errors, equipment failures, network issues, interference, natural disaster, amongst other reasons. Soda Player does not guarantee that data, messages, or pages will be delivered and shall not be held responsible in the event pages are lost, not delivered, delayed, misdirected or are otherwise inaccessible.

Additionally, we may impose usage limits to our services, suspend or block services, or cancel any and all services at our sole discretion at any time. Finally, we do not guarantee the accuracy and timeliness of any data received.

We make no guarantee that this service will be accessible at any time. However, we will do our best to keep the service up and running for our subscribers.

Client responsibilities

As a client of Soda Player, you are responsible for:

  1. Maintaining the confidentiality and security of your account.
  2. Liability for any use and/or abuse which occurs while you or anyone else is logged in with your account credentials.

Fees

You acknowledge that Soda Player reserves the right to create a subscription service through a third party merchant. Payments will be charged on the day you sign up for service and will cover use of that service for the duration of one month. This subscription is an automatic payment recurring based on the service plan. You may cancel the subscription at any time; your account will remain active for the remainder of your billing cycle.

Soda Player reserves the right to change the fees at any time at its discretion. Soda Player is not obligated to honour errors due to typos and will not be responsible for misinformation provided on third party websites.

Our Rights

Soda Player reserves the right to close your account at any given time without any given notice. While Soda Player will, at its best interest, attempt to provide full and complete service to its users, this right is reserved for reasons which may arise at a later date.

Warranties

You represent and warrant that all of the information provided by you to Soda Player to participate in the Soda Player website is accurate and current and you have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of you hereunder.

As a condition to using the Soda Player website or its services, you must agree to the terms of Soda Player's privacy policy and its modifications. You acknowledge and agree that the technical processing and transmission of the Website may involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by Soda Player with regard to its users may be disclosed in accordance with the Soda Player Privacy Policy.

Warranty Disclaimer

You agree that your use of the Soda Player website shall be at your sole risk. To the fullest extent permitted by law, Freedom Island Privacy Inc., its officers, directors, employees and agents disclaim all warranties, express or implied, in connection with the website and your use thereof. Soda Player makes no warranties or representations about the accuracy or completeness of this site's content or the content of any sites linked to this site and assumes no liability or responsibility for any:

  1. Errors, mistakes, or inaccuracies of content,
  2. Personal injury or property damage, of any nature whatsoever, resulting from access to and use of our website,
  3. Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
  4. Any interruption or cessation of transmission to or from our website and/or service,
  5. Any bugs, viruses, trojan horses, or the like which may be transmitted to or trough our website by any third party, and/or
  6. 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, transmitted, or otherwise made available via the Soda Player service.

Soda Player does NOT warrant, endorse, guarantee, or assume responsibility for any produce or service advertised or offered by a third party through the Soda Player service or any hyper-linked website or featured in any banner or other advertising, and Soda Player will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. as with the purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise caution where appropriate. the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. you specifically acknowledge that Soda Player shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

Limitation of Liability

In no event shall Freedom Island Privacy Inc., its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any:

  1. Errors, mistakes, or inaccuracies of content,
  2. Personal injury or property damage, of any nature whatsoever, resulting from access to and use of our website,
  3. Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
  4. Any interruption or cessation of transmission to or from our website and/or service,
  5. Any bugs, viruses, trojan horses, or the like which may be transmitted to or trough our website by any third party, and/or
  6. 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, transmitted, or otherwise made available via the Soda Player service.

The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Soda Player shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

Indemnity

You agree to defend, indemnify and hold harmless Freedom Island Privacy Inc., its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

  1. Your use of and access to the Soda Player Website and/or Service;
  2. Your violation of any term of these Terms of Service;
  3. Your violation of any third party right, including without limitation any copyright, property, or privacy right; or
  4. Any claim that your use caused damage to a third party. This defence and indemnification obligation will survive these Terms of Service and your use of the Soda Player Website.

You affirm that you are either more than 18 years of age or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms and Conditions contained herein.

Assignment

The Terms and Conditions contained herein and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Soda Player without restriction.

If any term, clause or provision of the agreement is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.

Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the Republic of Seychelles, without regard to conflicts of law principles. The sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to this Agreement shall be in an appropriate local or national court located in the Republic of Seychelles. You hereby submit to the jurisdiction and venue of said Courts. You consent to service of process in any legal proceeding that arises from an appropriate local or national court located in the Republic of Seychelles.

Last revised Oct 22, 2016