Terms of Service
Last Updated: May 4, 2023
Welcome to SoftGist.com (“Website”). This Website is owned and operated by SoftGist LLC (“we,” “us,” or “our”). By accessing or using our Website, you agree to these Terms of Service (“Terms”). Please read these Terms carefully before using the Website. If you do not agree with any part of these Terms, you should not use our Website.
2. Age Restriction
There are no age restrictions for using our Website. However, if you are under the age of 18, you should review these Terms with your parent or guardian to make sure that you and your parent or guardian understand and agree to these Terms.
3. User Accounts and Newsletter Subscription
To receive our newsletter, you must provide a valid email address. By subscribing to our newsletter, you agree to receive emails from us. You can unsubscribe at any time by following the instructions in the emails you receive. You are responsible for maintaining the confidentiality of your account information and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account.
4. User-Generated Content
Users may submit comments or participate in forum discussions on our Website. By submitting any content, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
You represent and warrant that you own or otherwise control all of the rights to the content you submit; that the content is accurate; that use of the content you supply does not violate these Terms and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from the content you supply.
We reserve the right, but not the obligation, to monitor, edit, or remove any content submitted by users. We take no responsibility and assume no liability for any content posted by you or any third party.
5. Intellectual Property Rights
All content on our Website, including text, graphics, logos, images, and software, is our property or the property of our content suppliers and is protected by United States and international copyright, trademark, and other applicable laws. The compilation of all content on this Website is our exclusive property and protected by United States and international copyright laws. All software used on this Website is our property or the property of our software suppliers and is protected by United States and international copyright laws.
The information on our Website is provided for informational purposes only and is not intended as professional advice. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of the information, products, services, or related graphics contained on our Website. Any reliance you place on such information is strictly at your own risk.
7. Affiliate Links, Advertisements, and Brand Partnerships
Our Website may contain affiliate links, advertisements, and brand partnerships. When you click on an affiliate link and make a purchase, we may receive a commission at no additional cost to you. We are not responsible for the content, products, or services provided by third-party websites linked to from our Website. Your use of such third-party websites is subject to their respective terms and conditions and privacy policies.
8. Limitation of Liability
To the maximum extent permitted by law, SoftGist LLC, its affiliates, officers, employees, agents, partners, and licensors shall not be liable to you or anyone else for any indirect, incidental, special, consequential, punitive, or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or in connection with your access to or use of the website, its content or services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, even if SoftGist LLC has been advised of the possibility of such damages, and even if a remedy set forth herein is found to have failed its essential purpose.
In no event shall the total liability of SoftGist LLC, its affiliates, officers, employees, agents, partners, and licensors, to you or anyone else for any damages, losses, and causes of action arising out of or relating to these terms or your use of the website, its content or services, exceed the amount paid by you, if any, for accessing the website or its content, during the twelve (12) months immediately preceding the date of your claim or one hundred dollars ($100), whichever is greater.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. In such cases, SoftGist LLC’s liability will be limited to the greatest extent permitted by applicable law.
You agree that the above limitations of liability represent a reasonable allocation of risk. This section shall survive any termination or expiration of these terms.
You agree to indemnify, defend, and hold SoftGist LLC and its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third-party claims relating to your use of the Services or your violation of these Terms.
This indemnification obligation includes the payment of any damages, expenses, or costs incurred by SoftGist LLC or its affiliates, officers, agents, employees, and partners, including but not limited to reasonable attorneys’ fees, resulting from any breach of these Terms, or any act or omission by you or anyone using your account, that causes damage to SoftGist LLC or any other party.
We may terminate or suspend your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. Upon termination or suspension, you will no longer have access to the Service, and any Content you have posted or uploaded may remain on the Service at our discretion. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
11. Governing Law
These Terms of Service and your use of the SoftGist.com website shall be governed and interpreted in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. You agree that any dispute arising from or relating to these Terms of Service or your use of the website shall be brought exclusively in the state or federal courts located in Santa Clara County, California, and you hereby submit to the personal jurisdiction and venue of such courts. In any legal action arising from or relating to these Terms of Service or your use of the website, the prevailing party shall be entitled to recover reasonable attorneys’ fees, court costs, and all other expenses, in addition to any other relief awarded.
These Terms constitute the entire agreement between you and SoftGist LLC concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and SoftGist LLC’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. SoftGist LLC reserves the right to amend or modify these Terms at any time, and it is your responsibility to review these Terms for any changes. Your use of the Service following any amendment of these Terms will signify your assent to and acceptance of its revised terms. You may not assign these Terms or any of your rights or obligations hereunder without SoftGist LLC’s prior written consent, and any attempted assignment without such consent will be null and void. These Terms will inure to the benefit of SoftGist LLC’s successors, assigns, and licensors.