Welcome to the SOMO platform (our "Platform"). These Terms and Conditions (the "Terms") constitute a legal agreement between you and SOMO (Tomato Interactive) of 6/F,CHEUNG HING INDUSTRIAL BUILDING, 12P SMITHFIELD ROAD, KENNEDY TOWN, HONG KONG, governing the use of our Platform and our Services. We license use of our Platform to you on the basis of these Terms. We do not sell our Platform to you, and we remain the owner of our Platform at all times.
1.1. The provisions set out in these Terms govern your access to and your use of our Platform and shall constitute a legally binding agreement between you and us. We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our Platform.
1.2. Subject to you agreeing to abide by these Terms, we hereby grant to you a revocable, non-exclusive and non-transferable licence to use our Platform on these Terms.
1.3. By registering for an Account, which involves providing us with certain mandatory and voluntary information as required for a successful registration and using our Platform, you agree and acknowledge that:
1.3.1. you have read the terms set out in these Terms and agree to be bound by and comply with them; and
1.3.2. you shall ensure that all Users of your Account abide by these Terms.
1.4. We reserve the right to, without any notice, explanation, or liability and in our sole discretion, refuse to allow you or suspend your access to our Platform or your Account at any time, or remove or edit content (including content submitted by you) on our Platform or on any of our affiliated websites (including social media pages).
1.5. We reserve the right to change, modify, suspend or discontinue any portion of the Services, our Platform or any other products, services, affiliated websites (including social media pages) and/or other software provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.
1.6. Save to the extent permitted by us in writing, you are not permitted to use, or submit any content to, our Platform or any of our affiliated websites to advertise, promote or market any products or services of any third party or yourself.
2.1. As compensation for the Services rendered pursuant to this Agreement, you agree to pay SOMO the fees as set out in the Services.
2.2. You shall pay, reimburse, and/or hold SOMO harmless for all transfer charges and all other taxes and all duties, which are levied or imposed by reason of the performance of the services under this Agreement.
2.3. Payments referred to herein shall not be refundable under any circumstances, including but not limited to the termination of this Agreement for whatever reason.
3.1. All Content included on the Platform, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of SOMO, our affiliates or other relevant third parties. By continuing to use the Platform you acknowledge that such material is protected by applicable Hong Kong and International intellectual property and other relevant laws.
3.2. You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Platform unless otherwise indicated on the Platform or unless given express written permission to do so by SOMO.
3.3. You acknowledge that all intellectual property rights in our Platform anywhere in the world belong to us, that rights in our Platform are licensed (not sold) to you, and that you have no rights in, or to, our Platform other than the right to use them in accordance with these Terms.
3.4. Any intellectual property rights in content uploaded by you to our Platform shall continue to belong to you or their respective owners. You agree that you grant us a royalty-free and non-exclusive license to use, reproduce, publish, and display such intellectual property rights for the purposes of performing the Services, promotional purposes, internal administrative purposes, and any other purposes set out in these Terms, including for the purpose of improving the Services and our responses to users of the Platform.
3.5. You acknowledge that you have no right to have access to our Platform in source code form.
3.6. You must not modify the paper or digital copies of any materials you have printed off or downloaded from our Platform in any way and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
3.7. You must not use any part of the content on our Platform for commercial purposes not specified on our Platform without obtaining a license to do so from us or our licensors.
3.8. If you print off, copy, or download any content on our Platform in breach of this Agreement, your right to use our Platform will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made.
4.1. By posting your Contributions to any part of the Platform or making Contributions accessible to the Platform by linking your account from the Platform to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorise sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
4.2. This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
4.3. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights, or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Platform.
4.4. You are solely responsible for your Contributions to the Platform, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
4.5. We have the right, in our sole and absolute discretion,
4.5.1. to edit, redact, or otherwise change any Contributions;
4.5.2. to re-categorise any Contributions to place them in more appropriate locations on the Platform; and
4.5.3. to pre-screen or delete any Contributions at any time and for any reason, without notice.
4.6. We have no obligation to monitor your Contributions.
4.7. Nothing contained in this Agreement shall be construed to create an entitlement to any share of, payment of, or other form of compensation in, any income or revenues generated ,including but not limited to advertising, search, promotions, sponsorship, usage, statistics, data analysis, partnerships, by SOMO through SOMO`s use, promotion or any commercial exploitation whatsoever of the by you uploaded content, materials, submissions, in any form or form, media, or technology now known or hereafter developed.
5.1. These content standards apply to any and all information and material which you post or upload on our Platform ("Contributions").
5.2. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Contribution as well as to its whole.
5.3. Contributions must:
5.3.1. comply with applicable law, in particular, the PDPO and the GDPR and the laws of any country from which they are posted; and
5.3.2. be placed in the correct and appropriate categories.
5.4. You shall be responsible for ensuring all Contributions are up-to-date, authentic, truthful and accurate. You shall be responsible for the origin of the Contributions and must ensure that you either have all ownership rights to the Contributions posted or all rights and/or consents or licenses allowing you to upload and post the Contributions to and on our Platform.
5.5. Contributions must not:
5.5.1. infringe any intellectual property right of any other person;
5.5.2. be made in breach of any legal duty owed to a third party, such as a contractual duty, a duty of confidence or any duty arising under law;
5.5.3. contain any material which is defamatory of any person, obscene, offensive, or inflammatory or promotes any illegal activity, discrimination, violence, or ill-will and hostility;
5.5.4. be threatening or abusive, invade another privacy, or cause or be likely to cause annoyance, alarm, inconvenience or needless anxiety to any other person;
5.5.5. be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
5.5.6. give the impression that they emanate from us, if this is not the case; or
5.5.7. advocate, promote or assist any unlawful act or otherwise contain any material which is criminal in nature.
5.6. We reserve the right to request that you amend or delete the Contributions if it is found that any of the Contributions posted by you is in contravention of this acceptable use policy.
5.7. Where you choose to terminate your account with us, you may delete all previous Contributions made by you and retain a copy of the same.
6.1. You irrevocably and unconditionally represent and warrant that any of your content uploaded to our Platform complies with our Privacy Policy, the GDPR and the PDPO and any other applicable laws.
6.2. You are fully responsible for your content uploaded to our Platform. We will not be responsible, or liable to any third party, for:
6.2.1. the content or accuracy of any content or data uploaded by you, by us on your behalf, or any other user of our Platform; or
6.2.2. the loss of any content or data (whether in physical or digital form) provided to us by you. You should keep a record of all such content and data.
6.3. We will only use the content uploaded by you for the purposes of carrying out the Services, carrying out our obligations in this Agreement and any other purpose expressly set out in this Agreement or otherwise agreed between us. We will not otherwise disclose or distribute the content uploaded by you, save for when required by law, a court of competent jurisdiction or any governmental or regulatory authority.
6.4. We may use the content uploaded by you for the purpose of data analytics or to implement artificial intelligence or machine learning. Any such content shall be anonymised and used only for the purposes of improving the Services and our response to users of the Platform.
6.5. We have the right to disclose your identity to any third party claiming that any content posted or uploaded by you to our Platform constitutes a violation of their rights under applicable law.
6.6. We have the right to delete any content uploaded to our Platform if, in our opinion, it does not comply with the content standards set out.
7.1. You may use our Platform only for lawful purposes. You may not use our Platform:
7.1.1. in any way that breaches any applicable local or international laws or regulations;
7.1.2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
7.1.3. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in our prevailing terms and conditions as amended from time to time; and
7.1.4. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
7.2. You also agree:
7.2.1. not to reproduce, duplicate, copy or re-sell any part of our Platform in contravention of the provisions of our Terms; and
7.2.2. not to access without authority, interfere with, damage or disrupt:
7.2.3. any part of our Platform;
7.2.4. any equipment or network on which our Platform is stored;
7.2.5. any software used in the provision of our Platform; or
7.2.6. any equipment or network or software owned or used by any third party.
8.1. Some of the Services, may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
8.2. The manner, mode and extent of advertising by SOMO on the Services are subject to change without specific notice to you.
9.1. Except as expressly set out in this Agreement or as permitted by any applicable law, you undertake:
9.1.1. save for internal distribution amongst your employees and persons authorised by you for your internal business purposes, and any other purposes contemplated under these Terms or the Platform, not to reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, sell, exploit or use the whole or any part of any Service, our Platform or any of the contents therein for any commercial or other purposes;
9.1.2. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the source code of our Platform nor attempt to do any such thing, or to reproduce, display or otherwise provide access to the Services, our Platform or any of the contents therein, including but not limited to framing, mirroring, linking, spidering, scraping or any other technological means;
9.1.3. not to provide or otherwise make available our Platform in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person without prior written consent from us;
9.1.4. to include our copyright notice on all entire and partial copies you make of our Platform on any medium;
9.1.5. to comply with all applicable technology control or export laws and regulations; and
9.1.6. not to disrupt, disable, or otherwise impair the proper working of the Services, our Platform or our servers, such as through hacking, cyber-attacks (including but not limited to denial-of-service attacks), tampering or reprogramming.
10.1. The Platform is intended to provide general information only and, as such, should not be considered as a substitute for advice covering any specific situation. You should seek appropriate advice before taking or refraining from taking any action in reliance on any information contained in the Platform.
10.2. The information provided on the Platform is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
11.1. While we make all efforts to maintain the accuracy of the information on our Platform, we provide the Services, Platform and all Related Content on an "as is" and "as available" basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing.
11.2. As part of the Services, you may communicate with Third Parties and have access to Third Party Advice. Any information about Third Parties is provided on an "as is" basis, based on information provided to us by the Third Parties. We do not make any warranties, express or implied, as to the qualifications, quality, suitability, fitness for purpose, completeness or correctness of any Third Party or Third Party Advice.
11.3. You acknowledge that Third Parties are not our agents or employees and all Third Parties are solely responsible for any Third Party Advice. No Third Party is authorised to make any statement or representation for and on behalf of us. While we have conducted basic checks on Third Parties, we do not make any representations or warranties as to the qualifications or experience of any Third Party and you are encouraged to conduct your own due diligence on each Third Party, including whether such Third Party and Third Party Advice is relevant or suitable for your needs.
11.4. To the full extent permissible by law, we disclaim all warranties, express or implied, relating to our Platform or any Services, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Services, our Platform, the Related Content, or electronic communications sent by us are free of viruses or other harmful components.
12.1. We are not liable for the completeness, accuracy or correctness of any information uploaded on our Platform and any Related Content. You expressly agree that your use of the Services and our Platform, is at your sole risk.
12.2. We do not assist with dispute resolution between any you and any Third Party and are not obliged at any time to adjudicate on any such dispute. In the event of any dispute, you are responsible for contacting the relevant Third Party. Without prejudice to the foregoing, we remain entitled at all times to investigate at our discretion any complaint regarding the use of our Platform or any suspected unlawful activity and to take any action that we deem appropriate, including to file a report with the appropriate authorities.
12.3. You agree not to use the Services, our Platform and the Related Content for any re-sale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the Services, our Platform or any other website or software) for:
12.3.1. loss of profits, sales, business, or revenue;
12.3.2. business interruption;
12.3.3. loss of anticipated savings;
12.3.4. loss or corruption of data or information;
12.3.5. loss of business opportunity, goodwill or reputation; or
12.3.6. any other indirect or consequential loss or damage.
12.4. Nothing in these Terms shall limit or exclude our liability for:
12.4.1. death or personal injury resulting from our negligence;
12.4.2. fraud; and/or
12.4.3. any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
12.5. Our Platform is not intended to serve a record-keeping function and we shall not be liable for any loss of data or content.
12.6. These Terms set out the full extent of our obligations and liabilities in respect of the supply of the Services and our Platform. Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Services and our Platform which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
You agree to indemnify and hold us, our related, and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of our Platform, Services, and/or any websites or software in relation thereto or otherwise, and whether in respect of your breach of these Terms or any laws or regulations or otherwise.
14.1. We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or obligations under these Terms.
14.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
14.3. No joint venture, partnership or agency or employment relationship has arisen by reason of these Terms.
14.4. These Terms and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or any document expressly referred to in it.
14.5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
14.6. Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
14.7. These Terms, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by the law of Hong Kong. In the event of any such disputes or claims in connection with these Terms, you agree to first engage in good faith discussions with us to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of Hong Kong.
Update: 2022/7/21
To revoke SOMO's access to users data via the Google security settings, all users may find the page at https://security.google.com/settings/security/permissions