Terms and Conditions
OWNERSHIP OF SITE; AGREEMENT TO TERMS OF USE
These Terms and Conditions of Use (the "Terms of Use") apply to the SOUL web site located at www.soulnation.com and all associated sites linked to www.soulnation.com by SOUL, its subsidiaries and affiliates, including SOUL sites around the world (collectively, the "Site"). The Site is the property of SOUL LTD. ("SOUL") and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
SOUL reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, SOUL grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
CONTENT
All text, graphics, user interfaces, visual interfaces, photographs,
trademarks, logos, sounds, music, artwork and computer code (collectively,
"Content"), including but not limited to the design, structure, selection,
coordination, expression, "look and feel" and arrangement of such Content,
contained on the Site is owned, controlled or licensed by or to SOUL, and is
protected by trade dress, copyright, patent and trademark laws, and various
other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the
Site and no Content may be copied, reproduced, republished, uploaded, posted,
publicly displayed, encoded, translated, transmitted or distributed in any way
(including "mirroring") to any other computer, server, Web site or other
medium for publication or distribution or for any commercial enterprise,
without SOUL’s express prior written consent.
You may use
information on SOUL products and services (such as data sheets, knowledge base
articles, and similar materials) purposely made available by SOUL for
downloading from the Site, provided that you (1) not remove any proprietary
notice language in all copies of such documents, (2) use such information only
for your personal, non-commercial informational purpose and do not copy or
post such information on any networked computer or broadcast it in any media,
(3) make no modifications to any such information, and (4) not make any
additional representations or warranties relating to such documents.
YOUR USE OF THE SITE
You may not use any "deep-link", "page-scrape", "robot", "spider" or other
automatic device, program, algorithm or methodology, or any similar or
equivalent manual process, to access, acquire, copy or monitor any portion of
the Site or any Content, or in any way reproduce or circumvent the
navigational structure or presentation of the Site or any Content, to obtain
or attempt to obtain any materials, documents or information through any means
not purposely made available through the Site. SOUL reserves the right to bar
any such activity.
You may not attempt to gain unauthorized access
to any portion or feature of the Site, or any other systems or networks
connected to the Site or to any SOUL server, or to any of the services offered
on or through the Site, by hacking, password "mining" or any other
illegitimate means.
You may not probe, scan or test the
vulnerability of the Site or any network connected to the Site, nor breach the
security or authentication measures on the Site or any network connected to
the Site. You may not reverse look-up, trace or seek to trace any information
on any other user of or visitor to the Site, or any other customer of SOUL,
including any SOUL account not owned by you, to its source, or exploit the
Site or any service or information made available or offered by or through the
Site, in any way where the purpose is to reveal any information, including but
not limited to personal identification or information, other than your own
information, as provided for by the Site.
You agree that you will
not take any action that imposes an unreasonable or disproportionately large
load on the infrastructure of the Site or SOUL’s systems or networks, or any
systems or networks connected to the Site or to SOUL.
You agree
not to use any device, software or routine to interfere or attempt to
interfere with the proper working of the Site or any transaction being
conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in
order to disguise the origin of any message or transmittal you send to SOUL on
or through the Site or any service offered on or through the Site. You may not
pretend that you are, or that you represent, someone else, or impersonate any
other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful
or prohibited by these Terms of Use, or to solicit the performance of any
illegal activity or other activity which infringes the rights of SOUL or
others.
PURCHASES; OTHER TERMS AND CONDITIONS
Additional terms and conditions may apply to purchases of goods or services
and to specific portions or features of the Site, including contests,
promotions or other similar features, all of which terms are made a part of
these Terms of Use by this reference. You agree to abide by such other terms
and conditions, including where applicable representing that you are of
sufficient legal age to use or participate in such service or feature. If
there is a conflict between these Terms of Use and the terms posted for or
applicable to a specific portion of the Site or for any service offered on or
through the Site, the latter terms shall control with respect to your use of
that portion of the Site or the specific service.
SOUL’s
obligations, if any, with regard to its products and services are governed
solely by the agreements pursuant to which they are provided, and nothing on
this Site should be construed to alter such agreements.
SOUL may
make changes to any products or services offered on the Site, or to the
applicable prices for any such products or services, at any time, without
notice. The materials on the Site with respect to products and services may be
out of date, and SOUL makes no commitment to update the materials on the Site
with respect to such products and services.
When ordering from the
Site you’re responsible for assuring the product can be lawfully imported to
the destination country.
Each of these policies may be changed from
time to time and are effective immediately upon posting such changes on the
Site.
The recipient is the importer of record and must comply with
all laws and regulations of the destination country. Orders shipped outside of
the United States may be subject to import taxes, customs duties and fees
levied by the destination country. The recipient of an international shipment
may be subject to such import taxes, customs duties and fees, which are levied
once a shipment reaches the recipient’s country. Additional charges for
customs clearance must be fulfilled by the recipient; SOUL has no control over
these charges, nor can SOUL predict what they may be.
Customs
policies vary widely from country to country; you should contact your local
customs office for more information. When customs clearance procedures are
required, it can cause delays beyond our original delivery estimates.
ACCOUNTS, PASSWORDS AND SECURITY
Certain features or services offered on or through the Site may require you to
open an account (including setting up an SOUL ID and password). You are
entirely responsible for maintaining the confidentiality of the information
you hold for your account, including your password, and for any and all
activity that occurs under your account as a result of your failing to keep
this information secure and confidential. You agree to notify SOUL immediately
of any unauthorized use of your account or password, or any other breach of
security. You may be held liable for losses incurred by SOUL or any other user
of or visitor to the Site due to someone else using your SOUL ID, password or
account as a result of your failing to keep your account information secure
and confidential.
You may not use anyone else’s SOUL ID, password
or account at any time without the express permission and consent of the
holder of that SOUL ID, password or account. SOUL cannot and will not be
liable for any loss or damage arising from your failure to comply with these
obligations.
PRIVACY
SOUL’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
LINKS TO OTHER SITES AND TO THE SOUL SITE
This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under SOUL’s control, and SOUL is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
DISCLAIMERS
SOUL DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE
SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE
CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE
SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL
INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. SOUL
CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE
FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. SOUL DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY,
NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOUL
DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY
THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY
SOUL SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND
ANY LINKED SITES. YOUR SOLE REMEDY AGAINST SOUL FOR DISSATISFACTION WITH THE
SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS
LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The
above disclaimer applies to any damages, liability or injuries caused by any
failure of performance, error, omission, interruption, deletion, defect, delay
in operation or transmission, computer virus, communication line failure,
theft or destruction of or unauthorized access to, alteration of, or use,
whether for breach of contract, tort, negligence or any other cause of
action.
SOUL reserves the right to do any of the following, at any
time, without notice: (1) to modify, suspend or terminate operation of or
access to the Site, or any portion of the Site, for any reason; (2) to modify
or change the Site, or any portion of the Site, and any applicable policies or
terms; and (3) to interrupt the operation of the Site, or any portion of the
Site, as necessary to perform routine or non-routine maintenance, error
correction, or other changes.
LIMITATION OF LIABILITY
Except where prohibited by law, in no event will SOUL be liable to you for any
indirect, consequential, exemplary, incidental or punitive damages, including
lost profits, even if SOUL has been advised of the possibility of such
damages.
If, notwithstanding the other provisions of these Terms of
Use, SOUL is found to be liable to you for any damage or loss which arises out
of or is in any way connected with your use of the Site or any Content, SOUL’s
liability shall in no event exceed the greater of (1) the total of any
subscription or similar fees with respect to any service or feature of or on
the Site paid in the six months prior to the date of the initial claim made
against SOUL (but not including the purchase price for any SOUL hardware, or
(2) US$100.00. Some jurisdictions do not allow limitations of liability, so
the foregoing limitation may not apply to you.
INDEMNITY
You agree to indemnify and hold SOUL, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against SOUL by any third party due to or arising out of or in connection with your use of the Site.
VIOLATION OF THESE TERMS OF USE
SOUL may disclose any information we have about you (including your identity)
if we determine that such disclosure is necessary in connection with any
investigation or complaint regarding your use of the Site, or to identify,
contact or bring legal action against someone who may be causing injury to or
interference with (either intentionally or unintentionally) SOUL’s rights or
property, or the rights or property of visitors to or users of the Site,
including SOUL’s customers. SOUL reserves the right at all times to disclose
any information that SOUL deems necessary to comply with any applicable law,
regulation, legal process or governmental request. SOUL also may disclose your
information when SOUL determines that applicable law requires or permits such
disclosure, including exchanging information with other companies and
organizations for fraud protection purposes.
You acknowledge and
agree that SOUL may preserve any transmittal or communication by you with SOUL
through the Site or any service offered on or through the Site, and may also
disclose such data if required to do so by law or SOUL determines that such
preservation or disclosure is reasonably necessary to (1) comply with legal
process, (2) enforce these Terms of Use, (3) respond to claims that any such
data violates the rights of others, or (4) protect the rights, property or
personal safety of SOUL, its employees, users of or visitors to the Site, and
the public.
You agree that SOUL may, in its sole discretion and
without prior notice, terminate your access to the Site and/or block your
future access to the Site if we determine that you have violated these Terms
of Use or other agreements or guidelines which may be associated with your use
of the Site. You also agree that any violation by you of these Terms of Use
will constitute an unlawful and unfair business practice, and will cause
irreparable harm to SOUL, for which monetary damages would be inadequate, and
you consent to SOUL obtaining any injunctive or equitable relief that SOUL
deems necessary or appropriate in such circumstances. These remedies are in
addition to any other remedies SOUL may have at law or in equity.
You
agree that SOUL may, in its sole discretion and without prior notice,
terminate your access to the Site, for cause, which includes (but is not
limited to) (1) requests by law enforcement or other government agencies, (2)
a request by you (self-initiated account deletions), (3) discontinuance or
material modification of the Site or any service offered on or through the
Site, or (4) unexpected technical issues or problems.
If SOUL does
take any legal action against you as a result of your violation of these Terms
of Use, SOUL will be entitled to recover from you, and you agree to pay, all
reasonable attorneys’ fees and costs of such action, in addition to any other
relief granted to SOUL. You agree that SOUL will not be liable to you or to
any third party for termination of your access to the Site as a result of any
violation of these Terms of Use.
GOVERNING LAW; DISPUTE RESOLUTION
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Santa Clara County, California, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between SOUL and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
VOID WHERE PROHIBITED
SOUL administrators operates the www.soulnation.com Site from its location in San Mateo, California USA; other SOUL sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. SOUL reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
MISCELLANEOUS
You may not use or export or re-export any Content or any copy or adaptation
of such Content, or any product or service offered on the Site, in violation
of any applicable laws or regulations, including without limitation United
States export laws and regulations.
If any of the provisions of
these Terms of Use are held by a court or other tribunal of competent
jurisdiction to be void or unenforceable, such provisions shall be limited or
eliminated to the minimum extent necessary and replaced with a valid provision
that best embodies the intent of these Terms of Use, so that these Terms of
Use shall remain in full force and effect. These Terms of Use constitute the
entire agreement between you and SOUL with regard to your use of the Site, and
any and all other written or oral agreements or understandings previously
existing between you and SOUL with respect to such use are hereby superseded
and cancelled. Other than as provided in a purchase agreement you enter into
with SOUL, SOUL will not accept any counter-offers to these Terms of Use, and
all such offers are hereby categorically rejected. SOUL’s failure to insist on
or enforce strict performance of these Terms of Use shall not be construed as
a waiver by SOUL of any provision or any right it has to enforce these Terms
of Use, nor shall any course of conduct between SOUL and you or any other
party be deemed to modify any provision of these Terms of Use. These Terms of
Use shall not be interpreted or construed to confer any rights or remedies on
any third parties.
SOUL provides access to SOUL international data
and, therefore, may contain references or cross references to SOUL products,
programs and services that are not announced in your country. Such reference
does not imply that SOUL in your country intends to announce such products,
programs or services.
FEEDBACK AND INFORMATION
Any feedback you provide at this site shall be deemed to be non-confidential. SOUL shall be free to use such information on an unrestricted basis.
You may send any feed back to support@soulnation.com.
The information contained in this web site is subject to change without notice.
Copyright © 2020 SOUL All rights reserved.
