Last Updated: April 25, 2011
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. SoulFriends’ membership is offered only to adults who are 18 years of age or older. The services offered by SoulFriends include the SoulFriends website at www.soulfriends.com, which is a portal for information, services and products for personal growth and social connection.
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 becoming 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 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.
Account and Password usage agreement: Please choose carefully the information you post on SoulFriends. You are solely responsible for any and all use of your account. When you sign up you will choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. SoulFriends assumes no responsibility or liability for material in your profile. You are solely responsible for your interactions with other SoulFriends Members. SoulFriends reserves the right, but has no obligation, to monitor disputes between you and other Members. Members represent and warrant that all registration information you submit is truthful and accurate; and that your use of the SoulFriends does not violate any applicable law or regulation. You may terminate your Membership at any time, for any reason, by visiting the SoulFriends Membership cancellation page.
SoulFriends reserves the right, in its sole discretion, to reject, refuse to post or remove any posting or messages and to restrict, or terminate your access to all or any part of the SoulFriends Services at any time, for any or no reason, with or without prior notice, and without liability. SoulFriends expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of SoulFriends Services if SoulFriends determines, in its sole discretion, that you pose a threat to SoulFriends community or practices.
You acknowledge that SoulFriends reserves the right to charge for SoulFriends Services and to change its fees from time to time in its discretion. Such change will be by prior notification and you may opt to terminate use of SoulFriends. If SoulFriends terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
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 you post to 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). This license will terminate at the time you remove your Content 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.
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.
SoulFriends makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members. SoulFriends may choose, in its sole discretion, to monitor the SoulFriends Services; SoulFriends nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. SoulFriends may delete any posted Content that in the sole judgment of SoulFriends violates this Agreement including but not limited to Content which may be offensive, illegal or violate person’s rights, harm, or threaten the safety of any person, or contain nudity, racism, bigotry, hatred, defamatory or libelous statements. SoulFriends assumes no responsibility for monitoring the SoulFriends Services for inappropriate Content or conduct. SoulFriends does not endorse and has no control over the Content. Content is not necessarily reviewed by SoulFriends prior to posting and does not necessarily reflect the opinions or policies of 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 SERVICESIN 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.