TERMS AND CONDITIONS
Last updated
May 27, 2024
AGREEMENT TO OUR LEGAL
TERMS
We
are Soul Scape LTD
, doing business as Soul Scape
(
"Company," "we," "us," "our")
, a company registered in
Colorado, United States
at 2114 South Richfield Way
, K206
, Aurora
, CO
80013
.
We
operate the website
http://www.soul-scape.co
(the "Site"),
the mobile application Soul Scape (the
"App"
), as well as any other related products and
services that refer or link to these legal terms (the "Legal
Terms") (collectively, the "Services"
).
You
can contact us by phone at 7203197826,
email at Legal@soul-scape.co
, or by mail to 2114 South Richfield Way
, K206
, Aurora
, CO
80013
,
United States
.
These
Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of
an entity ("you"), and Soul Scape LTD,
concerning your access to and use of the Services. You agree that by accessing the Services, you have
read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF
THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE
USE IMMEDIATELY.
We
will provide you with prior notice of any scheduled changes to the Services you are using. The modified
Legal Terms will become effective upon posting or notifying you by
Info@soul-scape.co, as stated in the email message. By continuing to use the Services after
the effective date of any changes, you agree to be bound by the modified terms.
The Services are
intended for users who are at least 13 years of age. All users who are
minors in the jurisdiction in which they reside (generally under the age of
18) must have the permission of, and be directly supervised by, their parent
or guardian to use the Services. If you are a minor, you must have your
parent or guardian read and agree to these Legal Terms prior to you using
the Services.
We recommend that you print a
copy of these Legal Terms for your records.
TABLE OF
CONTENTS
1. OUR SERVICES
The information provided when using the Services 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. Accordingly, those persons who choose to access the Services from
other locations do so on their own initiative and are solely responsible for compliance with local laws,
if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations
(Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management
Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the
Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual
property
We
are the owner or the licensee of all intellectual property rights in our Services, including all source
code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics
in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos
contained therein (the "Marks").
Our
Content and Marks are protected by copyright and trademark laws (and various
other intellectual property rights and unfair competition laws) and treaties in the United
States and around the world.
The
Content and Marks are provided in or through the Services "AS IS"
for your personal,
non-commercial use only.
Your use of our
Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES
" section below, we
grant you a non-exclusive, non-transferable, revocable license to:
- access the Services; and
- download or print a copy of any portion of the Content to which you have
properly gained access.
solely
for your personal, non-commercial use
.
Except
as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or
Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
If
you wish to make any use of the Services, Content, or Marks other than as set out in this section or
elsewhere in our Legal Terms, please address your request to: Legal@soul-scape.co
. If we ever grant you the permission to post, reproduce, or publicly display any part of our
Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks
and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or
displaying our Content.
We
reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any
breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and
your right to use our Services will terminate immediately.
Your
submissions and contributions
Please review this section and the "PROHIBITED ACTIVITIES
" section carefully
prior to using our Services to understand the (a) rights you give us and (b) obligations you have when
you post or upload any content through the Services.
Submissions: By directly sending us any question, comment,
suggestion, idea, feedback, or other information about the Services (
"Submissions"), you agree to assign to us all
intellectual property rights in such Submission. You agree that we shall own this Submission and be
entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise,
without acknowledgment or compensation to you.
Contributions: The Services may invite you to chat,
contribute to, or participate in blogs, message boards, online forums, and other functionality during
which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and
materials to us or through the Services, including but not limited to text, writings, video, audio,
photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other
material ("Contributions"
). Any Submission that is publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the
Services.
When you post Contributions, you grant us a license (including
use of your name, trademarks, and logos): By posting any Contributions, you grant us an
unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid,
worldwide right, and license to: use, copy, reproduce, distribute, sell, resell,
publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in
whole or in part), and exploit your Contributions (including, without limitation, your image, name, and
voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or
incorporate into other works, your Contributions, and to sublicense
the licenses granted in this section. Our use and
distribution may occur in any media formats and through any media channels.
This license 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 are responsible for what you post or upload: By sending
us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking
your account through the Services to any of your social networking accounts, you:
- confirm that you have read and agree with our "PROHIBITED ACTIVITIES
" and will not
post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful,
defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually
explicit, false, inaccurate, deceitful, or misleading;
- to the extent permissible by applicable law, waive any and all moral
rights to any such Submission and/or Contribution;
- warrant that any such Submission
and/or Contributions are original to you or that you
have the necessary rights and licenses to submit such Submissions and/or Contributions
and that you have full authority to grant us the above-mentioned rights in relation to your
Submissions and/or Contributions; and
- warrant and represent that your Submissions
and/or Contributions do not constitute
confidential information.
You are solely responsible for
your Submissions and/or Contributions and you expressly agree to reimburse us for any and all
losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual
property rights, or (c) applicable law.
We may remove or edit
your Content: Although we have no obligation to monitor any Contributions, we shall have the
right to remove or edit any Contributions at any time without notice if in our reasonable opinion we
consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such
Contributions, we may also suspend or disable your account and report you to the authorities.
Copyright
infringement
We respect the intellectual
property rights of others. If you believe that any material available on or through the Services infringes
upon any copyright you own or control, please immediately refer to the
"
COPYRIGHT INFRINGEMENTS
"
section below.
By
using the Services, you represent and warrant that:
(1) all registration information you submit
will be true, accurate, current, and complete; (2) you will maintain the accuracy of such
information and promptly update such registration information as necessary;
(3) you have the legal capacity and you agree to comply
with these Legal Terms;
(4) you are not under the age of 13;
(5) you are not a
minor in the jurisdiction in which you reside
, or if a minor, you have
received parental permission to use the Services
; (6) you will not access the Services through automated
or non-human means, whether through a bot, script or
otherwise; (7) you will not use the Services for any illegal or
unauthorized purpose;
and (
8) your use of the Services will not violate any
applicable law or regulation.
If you provide any
information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend
or terminate your account and refuse any and all current or future use of the Services (or any
portion thereof).
You may be
required to register to use the Services. You agree to keep your password confidential
and will be responsible for all use of your account and password. We reserve the right
to remove, reclaim, or change a username you select if we determine, in our sole
discretion, that such username is inappropriate, obscene, or otherwise objectionable.
5.
PRODUCTS
All products are subject to
availability. We reserve the right to discontinue any products at
any time for any reason. Prices for all products are subject to change.
We
accept the following forms of payment:
- Visa
- Mastercard
- American Express
- Discover
- PayPal
You
agree to provide current, complete, and accurate purchase and account information for all purchases made
via the Services. You further agree to promptly update account and payment information, including email
address, payment method, and payment card expiration date, so that we can complete your transactions and
contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We
may change prices at any time. All payments shall be in US dollars.
You
agree to pay all charges at the prices then in effect for your purchases and any applicable shipping
fees, and you authorize
us to charge your chosen payment provider for any such amounts upon placing your order. We
reserve the right to correct any errors or mistakes in pricing, even if we have already requested or
received payment.
We
reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit
or cancel quantities purchased per person, per household, or per order. These restrictions may include
orders placed by or under the same customer account, the same payment method, and/or orders that use the
same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole
judgment, appear to
be placed by dealers, resellers, or distributors.
7. REFUNDS POLICY
All sales are final and no refund will be issued.
You may not access or use
the Services for any purpose other than that for which we make the Services available. The Services
may not be used in connection with any commercial endeavors except those that are specifically endorsed or
approved by us.
As a user of
the Services, you agree not to:
- Systematically
retrieve data or other content from the Services to create or compile, directly or
indirectly, a collection, compilation, database, or directory without written
permission from us.
- Trick,
defraud, or mislead us and other users, especially in any attempt to
learn sensitive account information such as user
passwords.
- Circumvent,
disable, or otherwise interfere with security-related features of the
Services, including features that prevent or restrict the use or copying
of any Content or enforce limitations on the use of the Services and/or
the Content contained therein.
- Disparage,
tarnish, or otherwise harm, in our opinion, us and/or the
Services.
- Use
any information obtained from the Services in order to harass, abuse, or
harm another person.
- Make
improper use of our support services or submit false reports of abuse or
misconduct.
- Use
the Services in a manner inconsistent with any applicable laws or
regulations.
- Engage
in unauthorized framing of or linking to
the Services.
- Upload
or transmit (or attempt to upload or to transmit) viruses, Trojan
horses, or other material, including excessive use of capital letters
and spamming (continuous posting of repetitive text), that interferes
with any party’s uninterrupted use and enjoyment of the Services or
modifies, impairs, disrupts, alters, or interferes with the use,
features, functions, operation, or maintenance of the
Services.
- Engage
in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar data
gathering and extraction tools.
- Delete
the copyright or other proprietary rights notice from any
Content.
- Attempt
to impersonate another user or person or use the username of another
user.
- Upload
or transmit (or attempt to upload or to transmit) any material that acts
as a passive or active information collection or transmission mechanism,
including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs,
cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection
mechanisms" or "pcms"
).
- Interfere
with, disrupt, or create an undue burden on the Services or the networks
or services connected to the
Services.
- Harass,
annoy, intimidate, or threaten any of our employees or agents engaged in
providing any portion of the Services to
you.
- Attempt
to bypass any measures of the Services designed to prevent or restrict
access to the Services, or any portion of the
Services.
- Copy
or adapt the Services' software, including but not limited to Flash,
PHP, HTML, JavaScript, or other code.
- Except
as permitted by applicable law, decipher, decompile, disassemble, or
reverse engineer any of the software comprising or in any way making up
a part of the Services.
- Except
as may be the result of standard search engine or Internet browser
usage, use, launch, develop, or distribute any automated system,
including without limitation, any spider, robot, cheat utility, scraper,
or offline reader that accesses the Services, or use or launch any unauthorized script or other
software.
- Use
a buying agent or purchasing agent to make purchases on the
Services.
- Make
any unauthorized use of the Services,
including collecting usernames and/or email addresses of users by
electronic or other means for the purpose of sending unsolicited email,
or creating user accounts by automated means or under false pretenses
.
- Use
the Services as part of any effort to compete with us or otherwise use
the Services and/or the Content for any revenue-generating endeavor or commercial
enterprise.
-
Sell or otherwise transfer your profile.
-
Use the Services to advertise or offer to sell goods and
services.
-
Harass, abuse, or harm another person using any information
obtained from your site.
-
Disparage, tarnish, or otherwise harm, in our opinion, your
company and/or your Site.
-
Circumvent, disable, or otherwise interfere with
security-related features of your Site. This includes features that prevent/restrict
the use of any content limits site usage.
-
Trick, defraud, or mislead you or other users, especially in any
attempt to learn sensitive account information such as user passwords.
-
Systematically retrieving data or content from your Site to
create a collection or database without written permission from you.
-
Impersonate another user or person or use the username of
another user.
-
Use the support services improperly, or submit false reports of
abuse or misconduct.
-
Copy/adapt your Site's software (includes Flash, PHP, HTML,
JavaScript, or other code).
-
Users should not engage in any activity that violates local,
state, federal, or international laws.
-
Users should not engage in harassment, bullying, or hate speech
directed towards individuals or groups based on race, ethnicity, religion, gender,
sexual orientation, disability, or any other protected characteristic.
-
Users should not upload or distribute viruses, malware, or any
other harmful software.
-
Users should not attempt to gain unauthorized access to the
website, its servers, or any other user accounts.
-
Users should not use the website for commercial purposes without
prior authorization.
-
Users should not engage in any activity that exploits or harms
children in any way.
-
Users should not promote or facilitate illegal activities,
including but not limited to drug trafficking, gambling, or violence.
9.
USER GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or participate in
blogs, message boards, online forums, and other functionality, and may provide
you with the opportunity to create, submit, post, display, transmit, perform,
publish, distribute, or broadcast content and materials to us or on the
Services, including but not limited to text, writings, video, audio,
photographs, graphics, comments, suggestions, or personal information or other
material (collectively, "Contributions"). Contributions may be viewable
by other users of the Services and through third-party websites. As such, any
Contributions you transmit may be treated as non-confidential and
non-proprietary. When you create or make available any Contributions, you
thereby represent and warrant that:
- The creation, distribution, transmission, public
display, or performance, and the accessing, downloading, or copying of your
Contributions do not and will not infringe the proprietary rights, including but not
limited to the copyright, patent, trademark, trade secret, or moral rights of any
third party.
- You are the creator and owner of or have the
necessary licenses, rights, consents, releases, and
permissions to use and to authorize us, the Services, and other users of
the Services to use your Contributions in any manner contemplated by the Services
and these Legal Terms.
- You have the written consent, release, and/or
permission of each and every identifiable individual person in your Contributions to
use the name or likeness of each and every such identifiable individual person to
enable inclusion and use of your Contributions in any manner contemplated by the
Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or
misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials,
pyramid schemes, chain letters, spam, mass mailings, or other forms of
solicitation.
- Your Contributions are not obscene, lewd,
lascivious, filthy, violent, harassing,
libelous, slanderous, or otherwise
objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage,
intimidate, or abuse anyone.
- Your Contributions are not used to harass or
threaten (in the legal sense of those terms) any other person and to promote
violence against a specific person or class of people.
- Your Contributions do not violate any applicable
law, regulation, or rule.
- Your Contributions do not violate the privacy or
publicity rights of any third party.
- Your Contributions do not violate any applicable law
concerning child pornography, or otherwise intended to protect the health or
well-being of minors.
- Your Contributions do not include any offensive
comments that are connected to race, national origin, gender, sexual preference, or
physical handicap.
- Your Contributions do not otherwise violate, or link
to material that violates, any provision of these Legal Terms, or any applicable law
or regulation.
Any use of
the Services in violation of the foregoing violates these Legal Terms and may result in,
among other things, termination or suspension of your rights to use the Services.
By posting
your Contributions to any part of the Services
, 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, sell, resell, 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 authorize sublicenses of the foregoing. The use and
distribution may occur in any media formats and through any media channels.
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.
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 Services. You
are solely responsible for your Contributions to the Services and you expressly agree to
exonerate us from any and all responsibility and to refrain from any legal action
against us regarding your Contributions.
We have the
right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any
Contributions; (2) to re-categorize any Contributions to place them in more
appropriate locations on the Services; and (3) to pre-screen or delete any Contributions
at any time and for any reason, without notice. We have no obligation to monitor your
Contributions.
11.
MOBILE APPLICATION LICENSE
Use License
If you access the Services
via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install
and use the App on wireless electronic devices owned or controlled by you, and to access and use the App
on such devices strictly in accordance with the terms and conditions of this mobile application license contained in
these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse
engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any
modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3)
violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4)
remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted
by us or the licensors of the App; (5) use the App for any revenue-generating endeavor, commercial
enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a
network or other environment permitting access or use by multiple devices or users at the same time; (7)
use the App for creating a product, service, or software that is, directly or indirectly, competitive
with or in any way a substitute for the App; (8) use the App to send automated queries to any website or
to send any unsolicited commercial email; or (9) use any proprietary information or any of our
interfaces or our other intellectual property in the design, development, manufacture, licensing, or
distribution of any applications, accessories, or devices for use with the App.
Apple and Android
Devices
The following terms apply
when you use the App obtained from either the Apple Store or Google Play (each an "App Distributor")
to access the Services: (1) the license granted to you for our App is limited to a
non-transferable license
to use the application on a device that utilizes the Apple iOS or Android operating systems, as
applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms
of service; (2) we are responsible for providing any maintenance and support services with respect to
the App as specified in the terms and conditions of this mobile application license contained in
these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App
Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to
the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may
notify the applicable App Distributor, and the App Distributor, in accordance with its terms and
policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted
by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to
the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a US
government embargo, or that has been designated by the US government as a "terrorist supporting"
country and (ii) you are not listed on any US government list of prohibited or restricted
parties; (5) you must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP
application, then you must not be in violation of their wireless data service agreement when using the
App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the
terms and conditions in this mobile application license contained in these Legal Terms, and that each App
Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and
conditions in this mobile application license contained in these Legal Terms against you as a
third-party beneficiary thereof.
12.
ADVERTISERS
We allow advertisers to display
their advertisements and other information in certain areas of the Services, such as sidebar advertisements
or banner advertisements. We simply provide the space to place such advertisements, and we have no other
relationship with advertisers.
13.
SERVICES MANAGEMENT
We reserve the right, but not
the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal
action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without
limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without
limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically
feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation,
notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive
in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed
to protect our rights and property and to facilitate the proper functioning of the Services.
14.
PRIVACY POLICY
We care about data privacy and
security. Please review our Privacy Policy:
http://www.soul-scape.co/privacy
. By using the Services, you agree to be bound by our Privacy Policy, which is
incorporated into these Legal Terms. Please be advised the Services are hosted in the United States
. If you access the Services from any other region of the world with
laws or other requirements governing personal data collection, use, or disclosure that differ from
applicable laws in
the United States
, then through your continued use of the Services, you are transferring
your data to
the United States
, and you expressly consent to have your data transferred to and
processed in
the United States
.
Further, we do not knowingly accept, request, or solicit information from
children or knowingly market to children. Therefore, in accordance with the U.S. Children’s
Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13
has provided personal information to us without the requisite and verifiable parental consent,
we will delete that information from the Services as quickly as is reasonably practical.
15.
COPYRIGHT INFRINGEMENTS
We respect the intellectual
property rights of others. If you believe that any material available on or through the Services infringes
upon any copyright you own or control, please immediately notify us using the contact information provided
below (a "Notification"
). A copy of your Notification will be sent to the person who posted or stored the material addressed in the
Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you
make material misrepresentations in a Notification. Thus, if you are not sure that material located on or
linked to by the Services infringes your copyright, you should consider first contacting an attorney.
16.
TERM AND TERMINATION
These Legal Terms shall remain in
full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS,
WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF
THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE
LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE
SERVICES OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or suspend your
account for any reason, you are prohibited from registering and creating a new account under your name, a
fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third
party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal
action, including without limitation pursuing civil, criminal, and injunctive redress.
17.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change,
modify, or remove the contents of the Services at any time or for any reason at our sole discretion without
notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification,
price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services
will be available at all times. We may experience hardware, software, or other problems or need to perform
maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to
change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason
without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience
caused by your inability to access or use the Services during any downtime or discontinuance of the
Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services
or to supply any corrections, updates, or releases in connection therewith.
18.
GOVERNING LAW
These Legal Terms and your use of
the Services are governed by and construed in accordance with the laws of
the State of Colorado
applicable to agreements made and to be entirely performed within
the State of Colorado
, without regard to its conflict of law
principles.
19.
DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim
related to these Legal Terms (each a "Dispute" and collectively, the
"Disputes") brought by either you or us (individually, a
"Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any
Dispute (except those Disputes expressly provided below) informally for at least
thirty (30) days before initiating arbitration. Such informal negotiations commence upon written
notice from one Party to the other Party.
Binding Arbitration
If
the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those
Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU
UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial
Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures
for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration
Association (AAA) website. Your arbitration fees and your share of arbitrator
compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer
Rules. If such costs are determined by the arbitrator to be excessive, we
will pay all arbitration fees and expenses. The arbitration
may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will
make a decision in writing, but need not provide a statement of reasons unless requested by either Party.
The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in
Arapahoe,
Colorado
. Except as otherwise provided herein, the Parties may
litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify,
vacate, or enter judgment
on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the
Dispute shall be commenced or prosecuted in the
state and
federal courts
located in
Arapahoe,
Colorado
,
and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens
with respect to venue and jurisdiction in such state and federal courts
. Application of the United Nations Convention on Contracts
for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are
excluded from these Legal Terms.
In no event shall any Dispute brought by either Party related in any
way to the Services be commenced more than one (1) years after the cause of
action arose. If this provision is found to be illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this
provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent
jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the
personal jurisdiction of that court.
Restrictions
The Parties
agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent
permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or
authority for any Dispute to be arbitrated on a class-action basis or to
utilize class action procedures; and (c) there is no right or
authority for any Dispute to be brought in a purported representative capacity on behalf of the general public
or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above
provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect,
or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to,
or arising from, allegations of theft, piracy, invasion of privacy, or
unauthorized use; and (c) any claim for injunctive relief. If
this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute
falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be
decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties
agree to submit to the personal jurisdiction of that court.
20.
CORRECTIONS
There may be
information on the Services that contains typographical errors, inaccuracies, or omissions, including
descriptions, pricing, availability, and various other information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information on the Services at any time, without prior
notice.
21.
DISCLAIMER
THE
SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT
YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES
OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY
NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO
OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR
(6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO
NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED
BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE
CAUTION WHERE APPROPRIATE.
22.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR
PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR
USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY
TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES
BE LIMITED TO
THE
AMOUNT PAID, IF ANY, BY YOU TO US
DURING
THE six (6) mONTH PERIOD PRIOR TO
ANY CAUSE OF ACTION ARISING
.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO
YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
RIGHTS.
23.
INDEMNIFICATION
You
agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) your Contributions;
(2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in
these Legal Terms; (5) your violation of the rights of a third
party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services
with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your
expense, to assume the exclusive defense and control of any matter for which you are required to
indemnify us, and you agree to cooperate, at your expense, with our
defense of such claims. We will use reasonable efforts to
notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming
aware of it.
24.
USER DATA
We
will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services. Although we perform
regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
25.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting
the Services, sending us emails, and completing online forms constitute electronic communications. You
consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and
other communications we provide to you electronically, via email and on the Services, satisfy any legal
requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES,
CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF
TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements
under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an
original signature or delivery or retention of non-electronic records, or to payments or the granting of
credits by any means other than electronic means.
26. SMS TEXT
MESSAGING
Opting Out
If at any time you wish to stop
receiving SMS messages from us, simply reply to the text with "STOP.” You may receive an SMS message
confirming your opt out.
Message and Data Rates
Please be aware that message and data rates may apply to any SMS messages sent or
received. The rates are determined by your carrier and the specifics of your mobile plan.
Support
If you have any questions or need assistance regarding our SMS communications,
please email us at Legal@soul-scape.co
or call at 7203197826
.
27.
CALIFORNIA USERS AND RESIDENTS
If
any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
28.
MISCELLANEOUS
These
Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services
constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any
right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These
Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and
obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or
failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of
these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the
provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of
any remaining provisions. There is no joint venture, partnership, employment or agency relationship created
between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms
will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have
based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute
these Legal Terms.
29.
CONTACT US
In
order to resolve a complaint regarding the Services or to receive further information regarding use of the
Services, please contact us at:
Soul Scape LTD
2114 South Richfield Way
K206
Aurora
, CO
80013
United States
Phone: 7203197826
legal@soul-scape.co