SOHOVita Terms and Conditions

Effective Date: July 01, 2016

Overview

By accessing and/ or using the website (www.sohovita.com), you agree to the following terms with SOHOVita.

We may amend this User Agreement and any linked information from time to time by posting amended terms on the Website.

The Website is an online communication platform where users’ Clients and Designer sell services and items. Clients and Designers are hereinafter referred to as “Users”. Users must register for an Account in order to any services and/ or items. The Website enables Users to work together online to complete and pay for Projects, buy and sell items and to use the services that we provide.

Membership of SOHOVita has the rights of verify and/or the sole discretion may refuse membership to any applicant.

1.Intellectual Proprietary Platform and Intellectual Property Rights

Upon designer’s receipt of full payment from client, the work product, including without limitation all intellectual property rights in the work product, will be the sole and exclusive property of client, and client will be deemed to be the author thereof. If has any intellectual property rights to the work product that are not owned by client upon designer receipt of payment from client, designer hereby automatically irrevocably assigns to client all right, title and interest worldwide in and to such intellectual property rights. Except as set forth above, designer retains no rights to use, and will not challenge the validity of client’s ownership in such intellectual property rights. Designer hereby waives any moral rights, rights of paternity, integrity, disclosure and withdrawal or inalienable rights under applicable law in and to the work product. If payment is made only for partial delivery of work product, the assignment described herein applies only to the portion of work product delivered.

If designer has any right to the work product, including without limitation any intellectual property right, that cannot be assigned to client by designer, designer hereby automatically, upon designer’s receipt of full payment from client, unconditionally and irrevocably grants to client during the term of such rights, an exclusive, even as to designer, irrevocable, perpetual, worldwide, fully paid and royalty-free license to such rights, with rights to sublicense through multiple levels of sublicense, to reproduce, make derivative works of, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale and exercise any and all such rights. If design has any rights to such work product that cannot be assigned or licensed, designer hereby automatically, upon designer’s receipt of payment from client, unconditionally and irrevocable waives the enforcement of such rights, and all claims and causes of action of any kind against client or related to client’s customers, with respect to such rights, and will, at client’s request and expense, consent to and join in any action to enforce such rights. If payment is made only for partial delivery of work product, the grant described herein applies only to the portion of work product delivered.

Rights in User Content. By posting your information and other content (“User Content”) on or though the Site and Content, you grant SOHOVita a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub licensable and transferable license to use, modify reproduce, distribute, display, publish and perform User Content in connection with the Site and Content. SOHOVita has the right, but not the obligation, to monitor the Site and Content and User Content. SOHOVita may remove or disable any User Content at any time for any reason, of for no reason at all.

It is our policy to respond to clear notices of alleged intellectual property rights infringement. Our Rights in User Content is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. If you believe that your Intellectual Property Right have been violated, please notify us via Rights in User Content on our Website and we will investigate.

2.Services, Fees and Taxes

We charge fees for certain services, such as additional services for Projects upgrades etc. When you use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our schedule services charge, which we may change from time to time and will update you by placing on our Website.

All fees are quoted in USD.

SOHOVita is not responsible for payment or reporting of any TAXES outside of China related to your any users’ usage of our platform. SOHOVita is not obligated to determine or notify it’s users of their countries TAX policies. Users will not be able to withdraw funds from SOHOVita for their TAX purposes. All Taxes outside of China are paid by the users outside of SOHOVita’s platform. However the users might be subjected to TAXES for using SOHOVita under the laws of China.

You are responsible for paying any TAXES, including any goods and services or value added TAXES, which may be applicable depending on the jurisdiction of the services provided. You must also comply with your obligations under income TAX provisions in your jurisdiction.

3.Payments & Currencies

The Site and the Site Services operate in U.S. Dollars. If Client’s Payment Method is denominated in a currency other than U.S. Dollars and requires currency conversion to make payments in U.S. Dollars. These foreign currency conversion rates adjust regularly based on market conditions.  Please note that the wholesale currency conversion rates at which we or our Affiliates obtain foreign currency will usually be different than the foreign currency conversion rates offered on the Site.  Client’s Payment Method provider may also charge fees directly to the Payment Method used to fund a cross-border payment even when no currency conversion is involved.  Client’s authorization of a payment using a foreign currency conversion rate displayed on the Site is at Client’s sole risk.  SOHOVita and other Affiliates are not responsible for currency fluctuations that occur when billing or crediting a Payment Method denominated in a currency other than U.S. Dollars.  SOHOVita and other Affiliates are not responsible for currency fluctuations that occur when receiving or sending payments via wire transfer, check or automated clearinghouse to and from the Account.

Every SOHOVita payment are included a COVER CHARGE, COVER CHARGE are including the China TAXES, every single transition fees and/or other additional services charge.

Payment method: PayPal

SOHOVita features payments support via PayPal. Once you have linked your PayPal account to your SOHOVita account, we will send payments directly to your PayPal account. You can setup your PayPal account from Account Management > Payment

Please be noted that PayPal does not allow transfers from PayPal to Bank in some countries. Please check their website(www.paypal.com) for more information on supported countries.

•If the payment amount is larger than the maximum transaction amount that PayPal allows your Payment will be paid in multiple transactions.

•PayPal charges transaction fees that may vary based on your country. You can check these fee on their website(www.paypal.com).

•SOHOVita does not provide or support PayPal accounts. We simply transfer funds to the mentioned account and we have no control over the fees PayPal charges.

4.Refunds

SOHOVita guarantees all client and designers their money in case of valid complaint. To be able to claim a refund, the client or the designer must launch complaint with valid reasons and proof by contacting SOHOVita’s support team.

If the client launched a complaint against the design and is proven valid, the client will receive his/her funds from their available funds after transaction costs.

If the designer launched a complaint against the client and is proven valid, the design will receive their guaranteed pay after service charges*.

Services charges might not be refundable in some cases. All final decisions lies with SOHOVita.

5.No Insurance or Warranty

We do not offer any form of insurance, or other clients or designers protection.

You agree not to rely on the site, the site services, and information on the site or the continuation of the site. SOHOVita makes no express representations or warranties with regard to the site, the site services, work product, or any activities or items related to this agreement or the other terms of service. To the maximum extent permitted by applicable law, SOHOVita disclaims all express and implied conditions, representations, and warranties including, but not limited to, the warranties of merchantability, accuracy, fitness for a particular purpose, title, and non-infringement. Some jurisdictions may not allow for all of the foregoing limitations may not apply to you.

6.Limitation of Liability

SOHOVita does not charge fees for you to access and use the site and content pursuant to SOHOVita. As consideration for your free access and use of the site and content pursuant to SOHOVita, you further agree that SOHOVita will not be liable to you for any incidental, consequential, indirect, special, punitive or exemplary damages (including damages for loss of business or loss of profit, etc.) Arising out of or relating to SOHOVita, including without limitation, your use or inability to use the site, platform, matching services, content, proprietary information, or any interruption or disruption of such use, even if SOHOVita has been advised of the possibility of such damages and regardless of the cause of action * whether in agreement, tort, breach of warranty or otherwise).

In no event shall we, our related entities, our affiliates or staff be liable, whether in agreement, warranty, and tort (including negligence), or any other form of liability, for:

i.Any indirect, special, incidental or consequential damages that may be incurred by you;

ii.Any loss of income, business or profits (whether direct or indirect) that may be incurred by you;

iii.Any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the website.

The limitations on our liability to your above shall apply whether or not we, our related entities, our affiliates or staff have been advised of the possibility of such losses or damages arising.

7.Disclaimer

We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.

Other than as expressly set out in these terms or additional terms, neither SOHOVita nor its suppliers or distributors make any specific promises about the Services. For example, we don’t make any commitments about the content within the Services, the specific functions of the Services, or their reliability, availability, or ability to meet your needs. We provide the Services “as is”.

8.Law and Forum for Legal Disputes

This Agreement will be governed in all respects by the laws of China. We encourage you to try and resolve disputes using certified mediation (such as online dispute resolution processes). If a dispute cannot be resolved then members irrevocably submit to the non-exclusive jurisdiction of the courts of China.

9.Miscellaneous & General Conditions

SOHOVita and any additions, changes, edits and/ or modifications made thereto by SOHOVita together with SOHOVita’s privacy policy, constitute the entire agreement between the parties with respect to the portions of the site available without an account ID or password. Access to certain password-restricted portions of the site is also subject to additional agreement(s). SOHOVita and any additions, changes, edits and/or modifications made thereto by SOHOVita cannot by amended except by SOHOVita as set forth above. The failure of SOHOVita to exercise to enforce any right or provision of SOHOVita will not be a waiver of that right. Any notices to SOHOVita in connection with this agreement will be made by email transmitted to support@sohovita.com provided that you also send a copy of such notice via nationally recognized carrier to SOHOVita Office, 13/F, B4 Kexing Science Park, No.15 Keyuan Road, Nanshan District, Shenzhen, China (Post-code: 518048, Attn: SOHOVita Administration. In the event that any provision of SOHOVita will be demined to be illegal or unenforceable, that provision will be first revised to give the maximum permissible effect to its original intent or, if such revision is not permitted, that specific provision will be eliminated so that SOHOVita with otherwise remain in full force and effect and enforceable.

10.Terms of Use

By registering for an account, you consent to electronically receive and access, via email or the site, all records and notices for the services provided to you under the terms of service that we or our affiliates world otherwise be required to provide to you in paper form. However, we reserve the, in our sole discretion, to communicate with you via the China postal service and other third-party mail services using the address under which your account is registered. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting help desk. If you withdraw your consent to receive such records and notices electronically, we will revoke your access to the site and the site services, and you will no longer be permitted to use the site or the site services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive record and notices electronically provided by us to you before the withdrawal of your consent becomes effective.

Photos and pictures:

SOHOVita reserves the right to remove any inappropriate content (Profile photo, background photo or project photos) that is posted on the site.

1.Respect intellectual property and do not post any images that may infringe others rights.

2.Do not post inappropriate content. No images should contain statements that are unlawful, threatening, abusive, libelous, defamatory, obscene, nudity, vulgar, gambling-related, drug-related, alcohol-related, profane, racist, discriminatory, explicit, indecent or sensitive content.

3.Impersonation or fake profile pictures can lead to account ban.

Welcome to the SOHOVita Privacy Policy & Cookies

SOHOVita Privacy Policy & Cookies contains detailed information on our policies, use of Cookies and details on disclosure of information. This Privacy Policy is meant to help you understand what data we collect, why we collect it, and what we do with it. This is important; we hope you will take time to read it carefully.

By accessing or using our service, you consent to the following policies. Please note that certain features or services referenced in this Privacy Policy may not be offered on the Service at all times. Please also review our Terms of Service.

1.Privacy Policy

Last modified: Aug 01, 2016

You can use our service to search and connect with designers and clients in the architectural industry and collaborate on projects regardless of where your designer or client is located. When you share information with us, for example by creating a SOHOVita Account, we can make those services even better to help you connect with designer / clients or to make sharing with others quicker and easier. As you use our services, we want you to be clear how we’re using information and the ways in which you can protect your privacy.

2.Information we collect

We collect information to provide better services to all of our users – from basics like the language you speak, to more complex things like which project you’ll find most interested, the people who matter most to you online, or which projects you might like.

We collect information in the following ways:

i) Information you provide

For example, many of our services require you to sign up for a SOHOVita Account. When you do, we’ll ask for personal information, like your name, email address, telephone number or credit card to store with your account. If you want to take full advantage of the sharing features we offer, we might also ask you to create a publicly visible SOHOVita Profile, which may include your name and photo. Many of our services let you share information with others. Remember that when you share information publicly, it may be index-able by search engines. Our services provide you with different options on sharing and controlling what you share publicly.

ii) Information received from Third Parties

We also may receive information about you from third parties. For example, we may supplement the information we collect with outside records or third parties may provide information in connection with a co-marketing agreement or at your request (such as if you choose to sign in with a third-party service). If we combine the information we receive from others with information we collect through the Service, we will treat the combined information as described in this Privacy Policy.

iii) Information we share

We do not share personal information with companies, organizations and individuals outside of SOHOVita unless one of the following circumstances applies:

• With your consent

We will share personal information with companies, organizations or individuals outside of SOHOVita when we have your consent to do so. We require opt-in consent for the sharing of any sensitive personal information.

• For external processing

We provide personal information to our affiliates or other trusted businesses or persons to process it for us, based on our instructions and in compliance with our Privacy Policy and any other appropriate confidentiality and security measures.

• For legal reasons

We will share personal information with companies, organizations or individuals outside of SOHOVita if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:

• MEET any applicable law, regulation, legal process or enforceable governmental request.

• ENFORECE applicable Terms of Service, including investigation of potential violations.

• DETECT, prevent, or otherwise address fraud, security or technical issues.

• PROTECT against harm to the rights, property or safety of SOHOVita, our users or the public as required or permitted by law.

We may share non-personally identifiable information publicly and with our partners – like publishers, advertisers or connected sites. For example, we may share information publicly to show trends about the general use of our services.

If SOHOVita is involved in a merger, acquisition or asset sale, we will continue to ensure the confidentiality of any personal information and give affected users notice before personal information is transferred or becomes subject to a different privacy policy.

3.How we use information we collect

We use the information we collect from all of our services to provide, maintain, protect and improve them, to develop new ones, and to protect SOHOVita and our users. We also use this information to offer you tailored content – like giving you more relevant search results.

We may use the name you provide for your SOHOVita Profile across all of the services we offer that require a SOHOVita Account. In addition, we may replace past names associated with your SOHOVita Account so that you are represented consistently across all our services. If other users already have your email, or other information that identifies you, we may show them your publicly visible SOHOVita Profile information, such as your name and photo.

If you have a SOHOVita Account, we may display your Profile name, Profile photo, and actions you take on SOHOVita or on third-party applications connected to your SOHOVita.

We will ask for your consent before using information for a purpose other than those that are set out in this Privacy Policy.

4.User Profile

SOHOVita needs you to create a Profile to use our service. This user profile consists of information about you and it may include User photograph, personal information, Professional qualifications, work experience and awards. You can edit these information at any given time. The user profile is publicly available to view for all SOHOVita users. And you may also choose to limit who is able to view your profile from Account Management. Clients will also have opportunity to create company or organization profile.

5.Cookie Policy

Cookies are tiny text files that store your information on your browser to enable SOHOVita to serve you better. We use both first and third party cookies in order to provide you a smoother experience. We use cookies to store the following data:

•user input cookies such as first party cookies to keep track of the user's input when filling forms, project information etc., for the duration of a session or persistent cookies limited to a few hours in some cases.

•authentication cookies, to identify the user once he has logged in, for the duration of a session.

•user centric security cookies, used to detect authentication abuses, for a limited persistent duration.

•multimedia content player cookies, used to store technical data to play back video or audio content, for the duration of a session.

•load balancing cookies, for the duration of session

•user interface customization cookies such as language or font preferences, for the duration of a session (or slightly longer)

•third party social plug in content sharing cookies, for logged in members of a social networks like Facebook, Twitter and LinkedIn.

By using the Site, you agree that we can use the cookies described in this Cookie Policy. You can stop cookies or delete them entirely by changing the settings in your browser.

6.Social Media Policy

SOHOVita allows you to create account and login through third party social networking sites (SNS) like Facebook, Twitter and LinkedIn. You can also create a binding account in “Account Management” by inputing your email address and password so that to combine your SNS account with this binding account.

SOHOVita may use the information when you visit our site and may set a cookie to enable the feature to function properly.

SOHOVita also allows you to share your social media links through your profile. These are optional and it is up to the users if they want to display and share their SNS accounts. These accounts can be added or removed from Account Management > Social Media Links.

7.Information security

We work hard to protect SOHOVita and our users from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold. In particular:

•We encrypt many of our services using SSL.

•We review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems.

•We restrict access to personal information to SOHOVita employees, contractors and agents who need to know that information in order to process it for us, and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.

8.About Software in our Services

When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.

SOHOVita gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by SOHOVita as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by SOHOVita, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.

9.Modifying and Terminating our Services

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.

You can stop using our Services at any time, although we’ll be sorry to see you go. SOHOVita may also stop providing Services to you, or add or create new limits to our Services at any time.

We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.

10.Our Warranties and Disclaimers

We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.

Other than as expressly set out in these terms or additional terms, neither SOHOVita nor its suppliers or distributors make any specific promises about the Services. For example, we don’t make any commitments about the content within the Services, the specific functions of the Services, or their reliability, availability, or ability to meet your needs. We provide the Services “as is”.

Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.

11.Liability of our Services

When permitted by law, SOHOVita, and SOHOVita’s suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.

To the extent permitted by law, the total liability of SOHOVita, and its suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the Services (or, if we choose, to supplying you the Services again).

In all cases, SOHOVita, and its suppliers and distributors, will not be liable for any loss or damage that is not reasonably foreseeable.

We recognize that in some countries, you might have legal rights as a consumer. If you are using the Services for a personal purpose, then nothing in these terms or any additional terms limits any consumer legal rights which may not be waived by agreement.

12.Business uses of our Services

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify SOHOVita and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

13.About these Terms

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.

These terms control the relationship between SOHOVita and you. They do not create any third party beneficiary rights.

If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

The courts in some countries will not apply Chinese law to some types of disputes. If you reside in one of those countries, then where Chinese law is excluded from applying, your country’s laws will apply to such disputes related to these terms. Otherwise, you agree that the laws of China, excluding China’s choice of law rules, will apply to any disputes arising out of or relating to these terms or the Services. Similarly, if the courts in your country will not permit you to consent to the jurisdiction and venue of the courts in China, then your local jurisdiction and venue will apply to such disputes related to these terms. Otherwise, all claims arising out of or relating to these terms or the services will be litigated exclusively in the law or courts of China, and you and SOHOVita consent to personal jurisdiction in those courts.

For information about how to contact SOHOVita, please visit our contact page.