The Terms and Conditions regulate the relationship between you and Sociogram, and cover your use of and access to the Platform.
Capitalised terms used in the Terms and Conditions have the meanings given to them in the definitions section at clause 1 below.
Please take the time to read the Terms and Conditions carefully before availing of the Services as they set out the key terms and conditions which will govern the relationship between Sociogram Technologies (Dubai Economic Department company number 1061675) and you and your use of the Platform and the Services. The Terms and Conditions will be binding upon you when you accept the Terms and Conditions by clicking on the “agree” button on the Platform.
By accessing and using the Platform, you acknowledge that you have read, understood, and agreed to be bound by the Terms and Conditions, as amended from time to time. If you do not agree with the Terms and Conditions, you must stop using or accessing the Platform immediately. If you are using the Platform on behalf of a third party including, but not limited to an entity, you warrant that you are authorized and have the authority to bind that third party to the Terms and Conditions.
Definitions:
The following terms are used throughout the Terms and Conditions and have the following specific meanings (unless they are given a different meaning in any document, notice or policy forming part of the Terms and Conditions).
- “Account” means the account that Users are required to create through the Platform to use certain Services;
- “Activity” means any activity or event that is listed by a Creator on the Platform;
- “Activity Cost” means the amount payable by a Participant to attend an Activity that involves out of pocket expenses (if applicable), as displayed on the Platform by the Creator.
- “Clan” means a group that is created by a Group admin and that consists of Users who would be like to be connected to each other on an ongoing basis through the Platform;
- “Content” means any content submitted, generated, featured, displayed through the Platform, including but not limited to any text, information, correspondence, graphics, software, applications, video recordings, audio recordings, sounds, company logos, photos, designs, features, and other materials that are available on the Platform. Content includes, without limitation, User Content which may be submitted by a User for the purpose of using the Services as well as Sociogram Content;
- “Creator” means an individual that accesses and uses the Services to list Activities and/or create and manage Groups and/or Clans;
- “Creator Terms” means any terms and conditions that apply to an Activity, Group and/or Clan, as displayed on the Platform by the Creator.
- “Group” means any activity group that is created by a Creator on the Platform for a temporary period of time for the purposes of undertaking that activity;
- “Identifiable Natural Person” means a natural living person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to his biological, physical, biometric, physiological, mental, genetic, economic, cultural or social identity;
- “Participant” means a person that contacts, engages and/or aims to attend or attends an Activity and/or Clan using the Platform;
- “Identifiable Natural Person” means a natural living person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to his biological, physical, biometric, physiological, mental, genetic, economic, cultural or social identity.
- “Personal Data” means any information referring to an identified or Identifiable Natural Person;
- “Platform” means any online tool provided, processed and/or maintained by Sociogram (including, but not limited to, all subpages and subdomains, all Content, Services, and products available at or through Sociogram’s mobile application, website located at www.sociogram.com and/or any other related domain offering access to, or facilitating the provision of, the Services);
- “Privacy Policy” means Sociogram’s privacy policy which details its privacy practices in relation to the use of the Platform, which is available at https://sociogram/privacy-policy;
- “Service Provider” means a person or company that provides services to Creators and Participants in relation to an Activity for the creation, performance and/or delivery of that Activity.
- “Service” means the online and/or offline services provided by Sociogram for the provision and use of the technology that Sociogram has developed to facilitate Activities, including without limitation, providing access to the Platform, Sociogram’s online community and communication tools;
- “Sociogram”, “we”, “our” and “us” collectively mean Sociogram Technologies; “Sociogram Content” means any content (including but not limited to, the name, trademark, and logo of Sociogram; all information about Sociogram and its employees; any text, correspondence, photographs, graphics, applications; any video recordings, audio recordings, sounds, designs, features, and other materials) generated by and/or belonging to Sociogram;
- “Terms and Conditions” collectively mean all of the terms, conditions and notices contained or referenced in this document, as may be amended from time to time, and all other Sociogram rules, policies available on the Platform (including, but not limited to, the Privacy Policy, guidelines and procedures that may be published from time to time on the Platform);
- “Third-Party Content” means any content that belongs to or originates from parties other than Sociogram, a Creator or a Participant;
- “User”, “you” or “your” collectively mean the person that has visited or is using the Platform and/or the Service. A User may be, without limitation, a Creator, a Participant, both or neither; and
- “User Content” means any content, written or otherwise, created, submitted, generated, featured, displayed through the Platform (including but not limited to, any User review, text, and correspondence) by the Users while using the Platform.
- About Sociogram and the Services
- Sociogram is an online platform that acts as a tool to optimize the connection and communication between Users to facilitate the process of doing activities together with known and unknown Users. Our Platform provides a simple and quick means for Creators and Participants to create, organize, promote and attend Activities and connect through Groups and/or Clans.
- Sociogram is neither a party to, nor the Creator or owner of the Activities, Groups and/or Clans and therefore Sociogram is not responsible for any Activities, Groups or Clans.
- By using the Platform, Users, among other things, will be able to avail of the Services, including:
- Finding, inviting and connecting with other people;
- Creating, organizing, looking for or joining an Activity, a Group or Clan;
- Chatting with other Users;
- Sharing any User Content;
- Rating and proving feedback; and
- Interacting easily with Sociogram (through features such as online chat and contact services).
- Sociogram reserves the right to either temporarily or permanently modify, suspend or discontinue the Services (or any part thereof) with or without notice. Users agree that Sociogram will not be liable to any User or to any third party for any modification, suspension or discontinuance of the Services (or any part thereof).
- Sociogram may provide Users with offers and benefits from time to time. What offers and benefits a User may receive will be based on such User’s previous actions, such as usage of the Services. Any such offers and benefits may be modified or discontinued by Sociogram at any time without prior notice.
- The Services are intended for Users that are (i) at least 21 years of age or (ii) under the age of 21, but have parent or legal guardian consent and supervision to use the Platform and/or participate in Groups and/or Clans. By using the Services, you represent and warrant that, you are (i) at least 21 years of age years old, and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms and Conditions or (ii) under the age of 21, but have parent or legal guardian consent and supervision to use the Platform and/or participate in Groups and/or Clans.
- Users understand, agree and acknowledge that any arrangement, transaction and/or agreement (whether oral or written) entered into with other Users or third parties as a result of or in connection with the User’s use of the Services, is between the relevant Users or between the User and the relevant third party only, and Sociogram is not a party thereto and shall not be responsible for any act or omission of any User or any third party.
- Changes to the Terms and Conditions
- You agree that Sociogram may amend the Terms and Conditions from time to time, and in Sociogram’s sole discretion. Sociogram will, where possible, provide you with 7 days’ notice of any amendments to the Terms and Conditions.
- Sociogram will publish any amendment or change to the Terms and Conditions or any part of it on the Platform and will specify the date on which such amendment becomes effective. Your continued use of the Platform and/or any Service after the stated effective date constitutes your acceptance of the relevant revised Terms and Conditions, amendment or change.
- You agree and undertake to review our Terms and Conditions each time you visit our Platform and/or prior to your use of any Services. If you do not agree to our Terms and Conditions, as updated from time to time, you undertake to cease using our Platform and/or Services immediately.
- Eligibility and Account Registration
- In order to use certain Services, you are required to create an Account with Sociogram by providing certain information, including your name, nickname, birth date, gender, languages, hobbies, interests, nationality, residence, email address, phone number and WhatsApp number (if any). Each Account should have a unique username and a password. You can upload a profile photo if you wish to do so.
- You will be required to verify your phone number using our automated verification system in order to create an Account. Any information provided in relation to the Account registration process will be subject to Sociogram’s Privacy Policy. The phone numbers provided will be used for the purpose of verification and may be used by Sociogram for marketing and communication purposes. Sociogram reserves the right to request additional information from a User at any time and for any purpose in order to verify a User’s identity or in relation to any legal or regulatory requirements.
- Sociogram offers personal Accounts and you may only have one Account. To create an Account, you must be a resident of the United Arab Emirates or Kingdom of Saudi Arabia.
- You are responsible for maintaining the security of your Account and for all activities that occur under the Account and any other actions taken in connection with the Account. You undertake to provide accurate and complete information and keep your Account information and Account updated. You may not share your password with unaffiliated third parties. You agree to notify Sociogram immediately of any unauthorized use of Account, or any other breaches of security. You are fully responsible for all uses of your password, Account and username, or registration, whether by yourself or others. Sociogram is authorized to act on instructions received through use of a User’s Account or registration, and is not liable for any loss or damage arising from a User’s failure to comply with this clause 4.
- Your Account, including any information pertaining to it, is strictly personal to you. You may therefore not sell or charge others for the right to use your Account, or otherwise transfer or attempt to transfer your Account.
- By creating an Account or using the Platform Services, you consent to us contacting you about your interest in our Services by email, phone, or through any other contact information you have chosen to provide. If you do not want us to contact you, please notify us at any time via one of the contact methods listed in the Contact Us section on the Platform.
- We reserve the right to modify, suspend or terminate your Account at any time, including if any User Content or information provided during the sign-up process or thereafter proves to be inaccurate, false or misleading or if you breach the Terms and Conditions, any of our policies or guidelines that are part of the Terms and Conditions. If we modify, suspend or terminate your Account, we may, but are not obliged to, inform you of the reasons for the modification, suspension, or termination. We also may remove Accounts of Users who are inactive for a period of 12 months.
- Certain Users who have the ability to moderate or manage a particular portion of our Platform may also have the ability, in their sole discretion, to modify, suspend, or terminate your access to that portion of the Platform (for example, a Creator may block you from joining a Group or a Clan).
- You may delete your Account at any time via User settings on the Platform. The deletion process may take up to [150] business days to process. You agree that you will remain liable for all obligations related to your Account even after your Account is deleted.
- License to Use the Services
- Subject to you complying with the Terms and Conditions, Sociogram grants you a personal, non-exclusive, non-sublicensable, non-transferable, revocable and limited right to use the Platform in order to access and use the Services.
- Activities, Clans, Groups and Creator Terms
- Activities may be conducted as being open to the public, private and/or as a series, depending on the Creator’s preference. Once an Activity is created, it may be (i) posted for the attendance of a Clan, (ii) shared with people in the Creator’s phonebook by inviting them via a link, and (iii) posted for public attendance.
- Creators control the User Content and membership of their Activities, Clans or Groups and may establish certain rules and criteria for their Activities or Clans. A Participant’s attendance at an Activity or a Clan may be subject to the approval of the Creator.
- By attending an Activity, Participants acknowledge that they have read, understood, and agreed to be bound by the applicable Creator Terms. For avoidance of doubt, in the event of any discrepancy or inconsistency between the Creator Terms and the provisions of the Terms and Conditions, the provisions of the Terms and Conditions will take precedence.
- Some Activities may require Participants to use machinery and/or hazardous materials or perform certain activities which may cause injury. Similarly, some Activities may contain the use or consumption of allergens. Creators must (i) set out any specific warnings and instructions that Participants should be aware of, (ii) be clear and explicit about activities that will occur, and (iii) outline safety considerations in the relevant Activity description and/or Creator Terms.
- It is the responsibility of the Participant to carefully review the Activity description and/or Creator Terms prior to attending an activity. Both the Participant and creator must take all reasonable precautions and measures to avoid any injury or accidents to any person or property during an Activity / activity.
- Fees and Refunds
- We currently provide our Users with the Services free of charge. We may in the future implement a service fee for certain of our current or future Services. If we implement a service fee, we will notify you of such fee and the relevant payment terms. You agree to pay those fees (once made applicable) and any associated taxes for your continued use of the applicable Services.
- Participants may be required to pay Activity or Activity Cost in order to attend certain Activities or Activities. Such Activity Cost will be set out in the relevant Activity description or the Creator Terms on the Platform and may be payable to the Creators (on behalf of the relevant Service Provider) or the relevant Service Provider in accordance with the Creator Terms and/or the relevant Service Provider’s terms and conditions as specified by the Service Provider.
- Participants may be required to pay Activity Costs through third party payment service providers. Sociogram currently does not provide any payment services, is not a party to any agreement between you and any applicable third-party payment provider, and will not be liable or responsible for your use of those third-party payment services.
- Refunds shall be subject to the Creator Terms and/or the relevant Service Provider’s terms and conditions as specified by the Service Provider.
- In the event a Participant requests a refund of any payment that he or she made to a Creator and/or a Service Provider, the Participant will directly liaise with the relevant Creator and Service Provider. Any assistance that Sociogram may provide to the Participant for any such refund shall be at the discretion of Sociogram and for avoidance of doubt, Sociogram shall not be liable or responsible for any such refunds.
- User Conduct and Restrictions
- In connection with your use of our Platform, your Account, the Services, or in the course of your interactions with us, other Users, or third parties, you must not (i) breach the Terms and Conditions or any other agreement between you and us; (ii) violate any applicable law, rule or regulation; (iii) violate any Creator Terms; (iv) provide false, inaccurate or misleading information; (v) refuse to cooperate with us to correct an error related to an Activity or Clan; (vi) refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us; or (vii) use the Services in a manner that results in or may result in complaints or disputes.
- All Users undertake to treat each other respectfully and use their best endeavours to ensure that all Activities are conducted in a professional, responsible and lawful manner.
- Users agree and acknowledge that Activities shall not:
- promote or facilitate illegal or violent activity;
- threaten public or personal safety;
- conduct any pedophilic behaviour or commit child abuse or manipulation;
- promote hate, violence, or harassment against individuals or groups of people based on personal attributes (such as race, colour, religion, descent, national or ethnic origin, sexual orientation, gender, gender identity, age, disability, or a medical or genetic condition);
- conceal or misrepresent the primary purpose of a Group or Clan; or
- involve any regulated services, including without limitation, any medical services.
- Each User agrees that the User will not:
- modify, adapt, translate or create derivative works based on the Services (or any part thereof);
- reverse engineer, decompile, disassemble, or otherwise derive or determine or attempt to derive or determine the source code (or the underlying ideas, algorithms, structure or organization) of the Platform;
- distribute, license, sublicense, assign, transfer or otherwise make available to any third party the Services (or any part thereof);
- use the Services and any Sociogram Content for any purpose other than those purposes which are expressly permitted by the Terms and Conditions;
- copy, store or otherwise access any information available on the Platform for purposes not expressly permitted by the Terms and Conditions;
- interfere with or disrupt the integrity or performance of the Services (or any part thereof), any system, network o data or cause or aid in the cause of the destruction, manipulation, removal, disabling, or impairment of any portion of the Services;
- attempt to gain unauthorized access to the Services (or any part thereof), or its related systems or networks or avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Sociogram or any of Sociogram’s providers or any third party;
- attempt to probe, scan, or test the vulnerability of any Sociogram system or network or breach any security or authentication measures;
- display, mirror, frame or utilize framing techniques to enclose the Services or any individual element within the Services, Sociogram’s name, any Sociogram’s trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Services, without Sociogram’s express written consent; or
- access and/or use the Services to sell a product or service which does or may compete with the Services (or any part thereof).
- Each User further agrees that the User will not:
- use any meta tags, “hidden text”, robots, spiders, crawlers, or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license or download the Services, content, or the personal information of others without Sociogram’s prior written permission or authorization;
- use the Services (or any part thereof) to hack, spam, or phish Sociogram or other Users;
- use the Services to store or transmit any malicious or unsolicited code or software, or store, transmit or upload any material and/or Content that is false, inaccurate, illegal, abusive, political, anti-national, anti-governmental, religious, harassing, harmful to reputation, pornographic, indecent, profane, obscene, discriminatory, hateful, racist, infringing, libellous, tortious, violent or threatening or promotes violence or actions that are threatening to any other person, promotes illegal or harmful activities or substances, or is otherwise objectionable in Sociogram’s reasonable opinion;
- use the Services to store or transmit to store, transmit or upload any material or Content that copies someone else’s work or infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
- impersonate any person or entity, use a fictitious name, or create a fake Account;
- change activities in a Group or Clan in a way that is no longer aligned with the expectations and/or purpose set by the Creator.
- Users can always report an Activity, other Users’ acts, Content by using the report link on the Platform.
- By accessing and/or using the Platform and/or the Services, Users represent and warrant that: (i) they have the authority to validly enter into and/or be bound by the Terms and Conditions; (ii) their use of the Services will be solely for lawful purposes that are permitted by the Terms and Conditions; (iii) their use of the Services will comply with all applicable laws, rules, and regulations and with all of Sociogram’s policies; as amended from time to time.
- Sociogram has the right to, in its sole discretion, determine whether or not any User conduct is appropriate and complies with the Terms and Conditions. Users agree that Sociogram has the right to terminate, restrict or deny access to (and use of) any Account and/or Services for any reason, with or without prior notice.
- User Content
- Subject to Sociogram’s rights in and to the Services (including, without limitation, Sociogram Content), Users shall retain all responsibility for, right, title, and interest, in and to any User Content.
- Users hereby grant Sociogram a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, publish, publicly display, publicly perform, distribute, and create derivative works of, their User Content and to commercialize and exploit the copyright, trademark, publicity, and database rights Users have in their User Content. This license would permit the User Content to remain on the Platform, even after a User ceases to be a member of a Group or Clan or a User of the Platform.
- Users agree to use, retain, and otherwise process Personal Data collected from the Platform in accordance with applicable laws, rules, and regulations and solely for purposes of administering and participating in Activities and Clans. Without limitation, Users agree to provide notice to other Users about their processing of Personal Data, to obtain any necessary consents, and to respond to requests made by other Users as required by applicable law. Users also agree to safeguard such data from unauthorized access or processing. Users must delete such Personal Data once it is no longer strictly necessary for the administration of an Activity or Clan or promptly following a request from Sociogram, and Users will promptly certify such deletion upon request.
- User understands that the Services may contain message boards, chat rooms, profiles, and other interactive features that allow Users to post, submit, publish, display and/or transmit User Content to, and otherwise interact with, Sociogram and/or other Users. Any User Content that User post to public forums, message boards, or other communication tools through the Service will be considered non-confidential and non-proprietary.
- User acknowledges and agrees that User is solely responsible for (i) any User Content submitted, transmitted, contributed, generated, created, and/or otherwise provided by User, including its legality, reliability, accuracy and appropriateness, and (ii) for determining the rights and/or permissions it grants to Sociogram or other Users to access, view or use User Content. Users further undertake and agree to indemnify and hold Sociogram harmless from any liability, loss or damage that may occur as a result of any such User Content.
- User represents and warrants that: (i) User owns all right, title, and interest in and to User Content; (ii) User has all necessary rights and/or authorizations to grant the licenses hereunder to Sociogram to User Content; and (iii) none of the User Content does or will violate the Terms and Conditions, any applicable laws, rules or regulations, or any third party’s intellectual property or other proprietary rights. If User believes that any content or materials submitted, posted, or otherwise provided by other Users violates User’s copyright, User must contact us at [Hello@sociogram.com].
- From time to time, Users may rate or submit reviews about their experience with Sociogram and other Users; these reviews do not constitute a guarantee, warranty, or prediction regarding the outcome of any future Service or interaction with other Users. Sociogram shall be under no obligation to display such reviews or ratings and may remove such reviews and ratings or publish extracts of such reviews at any time at its sole discretion. Sociogram will have no responsibility or liability of any kind for any review or rating you encounter on or through the Platform, and any use of or reliance on such reviews or ratings is solely at your own risk.
- Users agree and acknowledge that Sociogram has the right to, in its sole discretion, view and monitor any User Content, and to determine whether or not any User Content is appropriate and complies with the Terms and Conditions, or refuse or remove any User Content that, in Sociogram’s reasonable opinion, violates any Sociogram policy or is in any way harmful, inappropriate, or objectionable. Users further agree that Sociogram has the right to make formatting, edits and other changes to the User Content or the manner any User Content is displayed on the Platform.
- Ownership and Feedback
- Sociogram shall retain all rights, title, interest, in and to, and ownership of, (i) the Sociogram Content and (ii) the Services, and any improved, updated, modified or additional parts thereof. All rights that are not explicitly granted in the Terms and Conditions are reserved by Sociogram.
- To the extent that Users provide or submit to Sociogram any ideas, suggestions, improvements and/or other feedback regarding any aspect of the Services and/or Sociogram Content including, without limitation, the functioning, features, and other characteristics thereof (collectively, “Feedback”), User hereby grants Sociogram a worldwide, irrevocable, perpetual, royalty free, non-exclusive, sublicensable and transferable license to exploit and use such Feedback for any purpose without compensation or attribution.
- Third-Party Content
- As part of the Service, Sociogram may provide you with convenient links to third party platform(s) as well as other forms of Third-Party Content. These links are provided as a courtesy to you and we have no control over third party platforms or content or the promotions, materials, information, goods or services available on them. We are not responsible for any Third-Party Content accessed through our Platform. If you decide to leave the Platform and access Third-Party Content, you do so at your own risk and you should be aware that our Terms and Conditions and other policies no longer govern.
- For avoidance of doubt, the Terms and Conditions do not authorize you to distribute, publicly display, publicly perform, make available, alter, or otherwise use any Third-Party Content.
- Intellectual Property
- Sociogram retains ownership of all intellectual property rights of any kind related to Sociogram Content, the Platform and the Service, including applicable copyrights, patents, trademarks and other proprietary rights. Other trademarks, service marks, graphics and logos used in connection with the Platform and the Service may be the trademarks of other third parties. The Terms and Conditions do not transfer from us to you any Sociogram Content or Sociogram or third-party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with us. We reserve all rights that are not expressly granted to you under the Terms and Conditions.
- Specifically, Sociogram, www.sociogram.com are registered trademarks of Sociogram; and may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from Sociogram.
- If you believe that any material located on or linked to the Platform violates your copyright or other intellectual property rights, please notify us at admin@sociogram.com. We may terminate a User’s access to (and use of) the Platform if, under appropriate circumstances, a User is determined to be infringing the copyrights or other intellectual property rights of Sociogram or others.
- Email Communications
- We use email and electronic means to stay in touch with our Users. You agree and understand that we may send you emails about future Services and/or updates on our Services.
- For contractual purposes, Users (i) consent to receive communications from Sociogram in an electronic form via the email address they have submitted or via the Platform; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Sociogram provides to them electronically satisfy any legal requirement that such communications would satisfy if it were in a physical writing or traditional mailing; and (iii) without prejudice to clauses 13.2(i) and 13.2(ii), the Users undertake to comply with clause 18.5 for any notification purposes.
- Termination
- If you wish to terminate your relationship with us, you may do so by following the relevant steps on the Platform. If you wish to delete your Account data, you may do so via User Account settings on the Platform. We will retain and use your information as necessary to comply with our legal and/or regulatory obligations, resolve disputes, and enforce or agreements (including the Terms and Conditions), and we will, following request, delete your full profile to the extent possible (if applicable).
- At any time, we may (i) suspend or terminate your right to access or use the Services (or any part thereof), or (ii) terminate the Terms and Conditions with respect to you if we, in good faith, believe that you have used the Services (or any part thereof) in violation of the Terms and Conditions, including any incorporated guidelines, policies or rules.
- Termination of our relationship with a User will not affect any rights, remedies, obligations or liabilities of the parties hereto that have accrued up to the date of termination.
- All provisions of the Terms and Conditions which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- User Interactions; Disputes
- User understands and agrees that Users’ interactions and dealings with other Users are solely between the Users. Sociogram does not conduct any verification, due diligence or background checks in respect of Users, User Content, or in connection with any Clan or Activity. Sociogram does not represent, warrant or guarantee any User’s identity, profile or User Content or the quality or content of any Clan or Activity. User is solely responsible for making its own decisions about the suitability of others the User contacts or interacts with or Clans or Activities the User joins via the Services.
- User acknowledges and agrees that any problems or disputes between Users with respect to any interactions, dealings, and/or communications must be resolved solely between the applicable Users. Sociogram is not responsible for any loss, harm or damage of any sort incurred as a result of any such interactions or dealings, and Sociogram has no obligation to become involved in any dispute between Users. Users agree to take reasonable precautions in all communications and interactions with other Users and with other persons with whom they communicate or interact as a result of their use of the Services.
- Users understand and acknowledge that some Activities carry inherent dangers, such as the risk of illness, bodily injury, disability, or death. By participating in these Activities, Users understand and agree that they have freely chosen to assume all and any risk associated with these Activities.
- Disclaimer of Warranties
- The Service (and any part thereof) and any other materials or services provided by Sociogram, are provided “as is” and “as available”. Sociogram hereby expressly disclaims any representations, warranties or guarantees of any kind, express or implied, including warranties of merchantability, fitness for any particular purpose, satisfactory purpose, accuracy, or non-infringement. Sociogram does not warrant or make any guarantee that defects will be corrected or that the Services (or any part thereof) or any other materials or services provided by Sociogram or Content made available through the Services: (i) will meet User’s requirements; (ii) will be compatible with User’s network, computer or mobile device, or any third party products or services including, without limitation, any third party integrations; (iii) will be available on an uninterrupted, timely, secure or error-free basis; or (iv) will be accurate or reliable. User expressly acknowledges and agrees that the use of the Services and any other materials or services provided by Sociogram, and all results of such use is solely at the User’s own risk. No advice or information, whether oral or written, obtained by User from Sociogram, any third party, or through the Service (or any part thereof), shall create any warranty.
- Release and Indemnification
- Users agree to indemnify and hold harmless Sociogram from and against any and all claims, demands, actions, losses, damages, assessments, charges, third party liabilities, costs and expenses which may arise as a result of (i) the Users’ use, misuse or abuse of the Platform and the Services; (ii) violation of the Terms and Conditions or any applicable law or regulations; (iii) any injury, accident, health issues, physical or property damage, loss of profit, property or reputation or otherwise that may be caused by a User as a result of the User’s use of any Service; (iv) participation or conduct at or in relation to an Activity, a Group or a Clan (v) errors, mistakes, or inaccuracies of User Content, and/or information available on or through the Platform; (vi) any bugs, viruses, trojan horses, or the like, which may be transmitted by a User to or through the Platform; or (vii) any dispute, conflict or disagreement between the Users or between a User and third party in connection with any Services or any Activity, Group or Clan.
- Users agree that in no event will Sociogram be liable, responsible or otherwise, to Users or to third parties for any damages or losses that may arise from (i) the failure, interruption or disruption of any service or failure to maintain a User’s access to the Platform or the Services, regardless of whether the service is provided by Sociogram or a third party, (ii) the quality, accuracy, timeliness, reliability, safety, performance of an Activity, other Users, any Service Provider, Service Provider’s services and/or the Platform, (iii) errors, mistakes, or inaccuracies of any Content, Third-Party Content, Sociogram’s Content and/or information available on or through the Platform, (iv) any unauthorized access to or use of our servers and/or any and all Personal Data stored therein, and/or any interruption or cessation of transmission to or from our servers, and/or any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Platform by a User or any third party, (v) any failure or delay in an Activity, a User’s transportation to or from Activities, attendance at Activities, participation in or exclusion from Activities, Groups or Clans and the actions of Users at Activities (vi) any dispute, conflict or disagreement between the Users or between a User and third parties and (vii) any refund, loss of profits, loss of reputation (whether incurred directly or indirectly), any injury or accident, poisoning, health issues or physical or property damage or otherwise that may occur to a User as a result of User’s use of the Services.
- Users also agree, to the fullest extent permitted by applicable law, to release Creators from claims, demands, and damages due to a Creator’s negligence arising out of or in any way connected with their User Content, a Group, a Clan or an Activity.
- To the maximum extent permitted by applicable law, in no event shall Sociogram be liable for any indirect, consequential, punitive, special or incidental or other damages resulting from, arising out of the access, use of, or inability to access or use the Services (or any part thereof), any Content, User Content and/or any other materials or services provided by or accessed through Sociogram.
- Miscellaneous
- Governing Law: The Terms and Conditions and any access to or use of the Platform and/or the Services are governed by the laws of the Dubai International Financial Centre (the “DIFC”). Any dispute which may arise between a User and Sociogram pertaining to the implementation or interpretation of the Terms and Conditions or any part thereof shall be amicably settled, failing which the courts in the DIFC shall have the exclusive authority to settle the same.
- Severability: If any part of the Terms and Conditions is held invalid or unenforceable, that part of the Terms and Conditions will be construed to reflect the parties’ original intent and the remaining portions will remain in full force and effect. Any failure on the part of Sociogram to enforce any provision of the Terms and Conditions will not be considered a waiver of Sociogram’s right to enforce such provision. Sociogram’s rights under the Terms and Conditions will survive any termination of the Terms and Conditions.
- Sociogram may assign or delegate its rights or obligations under the Terms and Conditions and/or Sociogram’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any of your rights or obligations under the Terms and Conditions or Privacy Policy without Sociogram’s prior written consent, and any unauthorized assignment and delegation by you shall be considered as null and void.
- Notices to Users: Reports, statements, notices and any other communications may be transmitted by Sociogram to Users via the Platform and/or by email at the address specified by them in their Account. All communications and notices shall be deemed to be duly served to a User when electrotonically sent by Sociogram to the User via the Platform or by the email to address specified in the User’s Account.
- Notices to Sociogram: Reports, statements, notices and any other communications may be transmitted by a User to Sociogram at hello@sociogram.com. All communications and notices shall be deemed to be received or served (as applicable) to Sociogram when electronically received by Sociogram at hello@sociogram.com.
- Gender Neutral: Wherever used herein and required by the context, the singular number shall include the plural, the plural shall include the singular number, and the use of either gender shall include both genders and the words “hereof” and “herein” and “hereafter” shall refer to the entire Terms and Conditions and not to any provision or section.