» Terms of Service

The gist:

We (the folks at Definitialize) run a service called Soshiku.com and would love for you to use it. Our service is free, and we plan to keep it free through support of advertising. Our service is designed to give you as much control and ownership over what data you enter you enter as possible. However, be responsible on the site. Soshiku should be used for keeping track of your assignments, and data posted for other purposes will be deleted (including spam, hate content, etc).

Creative Commons License (Note, we’ve decided to make the below Terms of Service available under a Creative Commons Sharealike license, which means you’re more than welcome to steal it and repurpose it for your own use, just make sure to replace references to us with ones to you. This document itself is adapted from the Terms of Service of Wordpress.com, an excellent free blogging service.)

Terms of Service:

The Soshiku website ("Website") is a hosted service operated by Definitialize, LLC. ("Definitialize"). Any use of the Website is subject to the following Terms and Conditions of Use ("Terms and Conditions"), as well as to Soshiku's Privacy Policy, all of which are incorporated by reference into these Terms and Conditions. Your use of the Website will constitute your acceptance of these terms and conditions.

  1. Your Soshiku Account and Data. If you create an account on the Website, you are responsible for maintaining the security of your account and data, and you are fully responsible for all activities that occur under the account. You must immediately notify Soshiku of any unauthorized uses of your data, your account or any other breaches of security. Definitialize will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. Definitialize may from time to time set storage limits for your data, or take any other measures Definitialize considers appropriate to manage the Website. Definitialize will advise you of any such change, and may do so in any reasonable manner. If you exceed the storage limits, Definitialize may require you to reduce the storage you are using or pay additional fees. Definitialize may also from time to time change its policies on offering commercial content or displaying advertising, and it may do this without notice.
  2. Responsibility of Contributors. If you create assignments, create tasks, attach files, chat via the discussion panes, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
    • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
    • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
    • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
    • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
    • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
    • the Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party;
    • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Definitialize or otherwise.

    Without limiting any of those representations or warranties, Definitialize has the right (though not the obligation) to, in Definitialize’s sole discretion (i) refuse or remove any content that, in Definitialize’s reasonable opinion, violates any Definitialize policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Definitialize’s sole discretion. Definitialize will have no obligation to provide a refund of any amounts previously paid.

  3. Responsibility of Website Visitors. Definitialize has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Definitialize does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Definitialize disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
  4. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Soshiku.com links, and that link to Soshiku.com. Definitialize does not have any control over those non-Soshiku websites and webpages, and is not responsible for their contents or their use. By linking to a non-Soshiku website or webpage, Definitialize does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Definitialize disclaims any responsibility for any harm resulting from your use of non-Soshiku websites and webpages.
  5. Copyright Infringement and DMCA Policy. As Definitialize asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Soshiku.com violates your copyright, you are encouraged to notify Definitialize in accordance with Definitialize’s Digital Millennium Copyright Act (”DMCA”) Policy. Definitialize will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Definitialize or others, Definitialize may, in its discretion, terminate or deny access to and use of the Website.
  6. Intellectual Property. This Agreement does not transfer from Definitialize to you any Definitialize or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Definitialize. Definitialize, Soshiku, Soshiku.com, the Soshiku.com logo, and all other trademarks, service marks, graphics and logos used in connection with Soshiku.com, or the Website are trademarks or registered trademarks of Definitialize or Definitialize’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Definitialize or third-party trademarks.
  7. Changes. Definitialize reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Definitialize may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
  8. Termination. Definitialize may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Soshiku.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  9. Disclaimer of Warranties.Limitation of warranties of Definitialize, its suppliers and its licensors. Except as otherwise expressly stated, all content posted to or available from the Website is provided "as is", and Definitialize, its suppliers and its licensors make no representations or warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title or non-infringement of proprietary rights. You understand and agree that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk, and that Definitialize, its suppliers and its licensors will have no liability or responsibility for any damage to your computer system or data that results from the download or use of such content or services. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above may not apply to you.
  10. Limitation of Liability. In no event will Definitialize, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interuption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Definitialize under this agreement during the twelve (12) month period prior to the cause of action. Definitialize shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  11. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Definitialize Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
  12. Indemnification. You agree to indemnify and hold harmless Definitialize, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
  13. Miscellaneous. This Agreement constitutes the entire agreement between Definitialize and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Definitialize, or by the posting by Definitialize of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Definitialize may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
If you have any questions about the terms of service or our site in general, please .