Terms of Service ("Terms")

Last updated: October 30, 2018

Welcome to 3som. Please read these terms of use (“Terms of Use”) carefully - they set out the basis on which you are allowed to use 3som. If you have any questions regarding these terms or the use of 3som, please feel free to contact us by emailing or calling our customer services team, whose contact details are provided at the end of these Terms of Use. You might want to print a copy for your own records.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Agreement to Terms

By accessing or using our Services, you agree that you are 18 or older, you understand and agree to these Terms. To play the Services you must comply with these Terms: You must have a valid email address if using an email platform to sign up for an account. You are responsible for maintaining the security of your account and ensuring that no unauthorized person has access to your account. In the event an unauthorized person gains access to your account, you must notify 3som immediately at support@3somapp.com. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.

Changes to Terms or Services

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Content and Content Rights

For purposes of these Terms: "Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and "User Content" means any Content that Account holders (including you) provide to be made available through the Services. Accordingly, Content includes but is not limited to User Content.

There is certain content we can't allow on 3som

We want our users to be able express themselves as much as possible and post all sorts of things on 3som, but we have to impose restrictions on certain content which:

• contains language or imagery which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person;

• is obscene, pornographic, violent or otherwise may offend human dignity;

• is abusive, insulting or threatening, discriminatory or which promotes or encourages racism, sexism, hatred or bigotry;

• encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence;

• is defamatory or libelous;

• relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);

• involves the transmission of "junk" mail or "spam";

• contains any spy ware, adware, viruses, corrupt files, worm programmers or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from 3som or otherwise;

• itself, or the posting of which, infringes any third party's rights (including, without limitation, intellectual property rights and privacy rights);

• shows another person which was created or distributed without that person’s consent.

You agree that you will not:

• act in an unlawful or unprofessional manner including being dishonest, abusive or discriminatory;

• misrepresent your identity, your current or previous positions, qualifications or affiliations with a person or entity;

• disclose information that you do not have the consent to disclose;

• create or operate a pyramid scheme, fraud or other similar practice.

We don't like users misbehaving in the 3som community – users should not do bad things to other users. Therefore, you can report any abuse or complain about Member Content by contacting us, outlining the abuse and/or complaint. You can also report a user directly from a profile or in chat by clicking the 'Report' link. And we will act on objectionable content reports within 24 hours.

Rights in User Content Granted by You

By making any User Content available through Services you hereby grant to 3som a perpetual, non-exclusive, transferable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other Account holders. If you want to terminate this license at any time, please email support@3somapp.com. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by 3Som on or through the Services will infringe, misappropriate or violate a third party's intellectual property rights, rights of publicity or privacy, or any other rights or result in the violation of any applicable law or regulation. You can remove your User Content by specifically deleting it from your profile. However, in certain instances, some of your User Content (such as virtual gifts you give or chat messages you send) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

PRIVACY

Your privacy is important to us. Please carefully review our privacy policy at 3somapp.com/home/privacy. Our privacy policy details the way we collect, use and disclose information about you.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by 3som App.

3som App has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that 3som App shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Governing Law

These Terms shall be governed and construed in accordance with the laws of New York, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

In App Purchases

From time to time, 3Som may offer additional products and services for purchase through the App Store ℠, Google Play or other application platforms ("in app purchases"). If you choose to make an in app purchase, you will be prompted to enter details for your account with the mobile platform you are using (e.g., Apple, Android, etc.) ("your IAP Account"), and your IAP Account will be charged for the in app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your IAP Account. If you purchase an auto-recurring periodic subscription through an in app purchase, your IAP Account will be billed continuously for the subscription until you cancel in accordance with the platform terms. In call cases, please refer to the terms of your application platform which apply to your in app purchases. 3Som do not have any obligation to terminate your subscription or membership, but you can claim a refund or cancel the subscription through App Store or Google Play at any time.

About Refunds

If you subscribed using your Apple ID: All payment are totally in charged by Apple, include refunds, not 3Som. To request a refund, go to iTunes, click on your Apple ID, select “Purchase history”, find the transaction and hit “Report Problem”. You can also submit a request at https://getsupport.apple.com. By 3Som: Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within 48 hours of the transaction date.

Player Submissions

The Services may provide you and other users the opportunity to submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about the Services (the "Submissions"). Submissions, however they are transmitted, are non-confidential as between you and 3Som and shall become the sole property of 3Som upon receipt. 3Som shall own, and you hereby assign to 3Som, all right title and interest, including all intellectual property rights, in and to such Submissions, and 3Som shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You agree to execute any documentation required by 3Som (in its sole discretion) to confirm such assignment to, and unrestricted use and dissemination by, 3Som of such Submissions.

Third Party Content or Advertising

3Som may, from time-to-time provide third party content in the Services and may provide, as a service, links to web pages and content of third parties ("Third Party Content"). 3Som does not monitor or have any control over any Third Party Content or third party websites. Unless otherwise expressly stated by 3Som, 3Som does not endorse or adopt, and is not responsible or liable for, any Third Party Content. 3Som does not make any representations or warranties of any kind regarding the Third Party Content, including, without limitation, any representations or warranties regarding its accuracy, completeness or noninfringement. 3Som undertakes no responsibility to update or review any Third Party Content and users use such Third Party Content contained therein at their own risk.

DISCLAIMER

You agree that the provisions of this section will survive any termination of your account or of the Services. THE SERVICES AND ALL RELATED SERVICES ARE PROVIDED BY 3SOM ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 3SOMER DOES NOT WARRANT THAT ANY INFORMATION IS COMPLETE OR ACCURATE, THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION IS FREE OF VIRUSES AND/OR ROGUE OR MALICIOUS PROGRAMMING.UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL 3SOM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION USE OF OR RELIANCE ON INFORMATION AVAILABLE ON THE SERVICES, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE.IN NO EVENT SHALL THE AGGREGATE LIABILITY OF 3SOM, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO 3SOM FOR ACCESS TO OR USE OF THE SERVICES. YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST 3SOM ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICES. YOU ALSO AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS, 3SOM FROM AND AGAINST, ANY AND ALL CLAIMS OR LIABILITY, INCLUDING COSTS AND ATTORNEYS FEES, ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE OR FAILURE TO ABIDE BY APPLICABLE LAW.

Severability

In the event any provision of these Terms are declared to be void or unenforceable in whole or part, the other provisions of these Terms and the remainder of the affected provisions shall continue to be valid; provided, however, that a court having jurisdiction may revise such provision to the extent necessary to make such provision valid and enforceable consistent with the intention of the parties.

Waiver and Conflict

The failure of 3Som to exercise or enforce any right or provision in these Terms shall not operate as a waiver. As it relates to the Services, if there is ever a conflict between these Terms and any other terms or policies these Terms will control.

Contact Us

If you have any questions about these Terms, please contact us.

Email: support@3somapp.com