- Use of Materials. Upon your payment of the applicable fees set by So Organized, Ltd. (“So Organized”), So Organized grants you a non-exclusive, non-transferable, non-sublicensable license to materials as specified in the applicable order (the “Materials”) and to view, use, and display such Materials an unlimited number of times, solely for your personal, non-commercial use except to the extent otherwise terminated as provided in this Agreement.
- Restrictions. Unless specifically indicated otherwise in this Agreement, you may not, nor shall you allow any third party to sell, rent, lease, distribute, broadcast, sublicense, modify, sublicense, use for the benefit of any third party, or otherwise assign any rights to the Materials or any portion of it to any third party, and you may not remove any proprietary notices or labels on the Materials.
- Changes to Service. You agree that the Materials and any other services provided by So Organized shall be subject to the So Organized Policies posted in the “Guidelines”. So Organized reserves the right to modify, suspend, or discontinue the Service or the So Organized Policies at any time without notice, and So Organized will not be liable to you should it exercise such right.
- Termination. Your rights under this Agreement will automatically terminate (a) without notice from So Organized if you fail to comply with any term of this Agreement; or (b) automatically upon the expiration of the term specified for the use of a Materials in an order . In case of such termination, you must cease all use of the Materials and So Organized may immediately revoke your access to the Materials without notice to you and without refund of any fees. So Organized's failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of its rights.
- Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE “MATERIALS” AND ANY OTHER MATERIALS PROVIDED BY SO ORGANIZED IS AT YOUR SOLE RISK. THE “MATERIALS” AND ANY OTHER MATERIALS OR SERVICES PROVIDED BY SO ORGANIZED ARE PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND SO ORGANIZED AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SO ORGANIZED OR AN AUTHORIZED REPRESENTATIVE OF SO ORGANIZED SHALL CREATE A WARRANTY. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
- Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, NEITHER SO ORGANIZED NOR ITS SUPPLIERS OR LICENSORS SHALL BE LIABLE TO YOU FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY RELATED TO THE “MATERIALS” OR ANY OTHER SERVICES OR MATERIALS PROVIDED BY SO ORGANIZED, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES ARISING OUT OF LOSS OF PROFITS OR REVENUE EVEN IF SO ORGANIZED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, SO ORGANIZED'S AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO ONE THOUSAND DOLLARS ($1,000).
- Governing Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of New York, excluding rules governing conflict of law and choice of law. The federal and state courts within Queens, New York shall have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement. Each party hereto expressly consents to the personal jurisdiction of, and venue in, such courts and service of process being affected upon it by registered mail and sent to the address set forth at the beginning of this Agreement. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act or similar federal or state laws or regulations shall not apply to this Agreement nor to any dispute or transaction arising out of this Agreement.
- Severability. If any term or condition of this Agreement shall be deemed invalid, void, or for any reason unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.
- Amendment. So Organized reserves the right to amend any of the terms of this Agreement at its sole discretion by posting the revised terms on the So Organized.com website. Your continued use of the Materials after the effective date of any such amendment shall be deemed your agreement to be bound by such amendment.
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