Last Updated: April 12th, 2014
Please read this Agreement carefully and if you do not agree with these terms, you should discontinue use of SoulFriends immediately. SoulFriends is a social networking site that allows its members to connect and engage as an online community. You accept the terms and conditions of this Agreement when you use SoulFriends, including browsing or using SoulFriends Services as a non-member Visitor, or by being a Member. This Agreement constitutes the entire agreement between you and SoulFriends regarding the use of SoulFriends. The failure of SoulFriends to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. SoulFriends may modify this Agreement from time to time and such modification shall be effective upon its posting on the SoulFriends website. You agree to be bound to any changes to this Agreement when you use SoulFriends after any such modification is posted.
You acknowledge that SoulFriends reserves the right to charge for SoulFriends Advertising Services and to change its fees from time to time at its discretion. Such change will be by prior notification and you may opt to terminate use of SoulFriends. If SoulFriends terminates your Advertising because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees rendered.
Illegal and/or unauthorized use of SoulFriends, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to SoulFriends is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Member privileges. Appropriate legal action will be taken for any illegal or unauthorized use of SoulFriends.
Proprietary Rights: SoulFriends does not claim any ownership rights to the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that paid/unpaid authors post on SoulFriends. You continue to retain all ownership rights to such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("Posting") any Content on or through SoulFriends, you hereby grant SoulFriends a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through SoulFriends. The license you grant to SoulFriends is non-exclusive, fully-paid and royalty-free (meaning that SoulFriends is not required to pay you for the use on the SoulFriends Services of the Content that you post unless an agreement for payment has been established and confirmed by both parties).
This license will terminate at the time your Content is removed from SoulFriends. The limited license does not grant to SoulFriends the right to sell or distribute your Content outside of SoulFriends. By Posting on SoulFriends you represent and warrant that you own the Content posted by you on or through SoulFriends or otherwise have the right to grant the limited license set forth in this section, and that the Content does not violate the privacy rights, copyrights, or any other rights of any third-party person or organization. Should any right of any person or organization be violated by reason of any Content posted by you to or through SoulFriends, you agree to pay for all royalties, fees, and any other monies owing said person or organization and to forfeith payment of fees by SoulFriends for the Content provided for publication.
Website pages and Content generated by SoulFriends are protected by copyright, trademark, patent, trade secret and other laws, and SoulFriends owns and retains all rights in the SoulFriends pages and Content. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through SoulFriends without prior permission from SoulFriends.
Limitation on Liability: IN NO EVENT SHALL SOULFRIENDS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES. 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 SOULFRIENDS FOR THE SOULFRIENDS SERVICES IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE INITIAL NOTICE OF ANY CLAIM MADE BY YOU.
Furthermore, you agree to indemnify and hold SoulFriends, its subsidiaries, and affiliates, and their respective officers, governing entities, parent agencies or corporations, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of SoulFriends in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on SoulFriends or through SoulFriends causes SoulFriends to be liable to another.
Governance: This Agreement, and all disputes involving SoulFriends, shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions. You agree to the personal and exclusive jurisdiction and venue in the state and federal courts of the United States located within Santa Clara County, California. Either SoulFriends or you may demand that any dispute between SoulFriends and you about or involving SoulFriends must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) located in the Northern California regional offices in San Francisco, California, USA, provided that the foregoing shall not prevent SoulFriends from seeking injunctive relief in a court of competent jurisdiction.
Although the administrators, moderators and editors of SoulFriends will attempt to keep all objectionable messages off this site, it is impossible for us to review all Content. All Content expresses the views of the author, and the owners of SoulFriends will not be held responsible for the Content.
By agreeing to these rules, you warrant that you will not post any Content which is obscene, vulgar, sexually-oriented, hateful, threatening, or otherwise violative of any laws.
The owners of SoulFriends reserve the right to remove, edit, move or close any content item for any reason.