Terms of Use

TERMS OF USE AGREEMENT FOR SOULTRACKS.COM

The following Terms of Use Agreement ("Agreement") govern the use of www.soultracks.com ("SoulTracks"), including all areas (except to the extent specifically stated otherwise) as provided by SoulTracks, LLC, a Michigan limited liability company ("we" "us" or "our").

Please read the rules contained in this Agreement carefully. Your use of and/or registration on SoulTracks will constitute your agreement to comply with these rules. If you cannot agree with these rules, please do not use SoulTracks.

In addition to reviewing this Agreement, please read our Privacy Policy.  Your use of SoulTracks constitutes agreement to its terms and conditions as well.

TERMS OF USE AGREEMENT FOR SOULTRACKS.COM

The following Terms of Use Agreement ("Agreement") govern the use of www.soultracks.com ("SoulTracks"), including all areas (except to the extent specifically stated otherwise) as provided by SoulTracks, LLC, a Michigan limited liability company ("we" "us" or "our").

Please read the rules contained in this Agreement carefully. Your use of and/or registration on SoulTracks will constitute your agreement to comply with these rules. If you cannot agree with these rules, please do not use SoulTracks.

In addition to reviewing this Agreement, please read our Privacy Policy.  Your use of SoulTracks constitutes agreement to its terms and conditions as well.

The Agreement may be modified from time to time; the date of the most recent revisions will appear on this page, so check back often. Continued access of SoulTracks by you will constitute your acceptance of any changes or revisions to the Agreement.

Your failure to follow these rules, whether listed below or in bulletins posted at various points in SoulTracks, may result in suspension or termination of your access to SoulTracks, without notice, in addition to We's other remedies.

ONGOING MONITORING

We strive to provide an enjoyable online experience for our users, so we may monitor activity on SoulTracks, to ensure compliance with this Agreement.  All users of SoulTracks hereby specifically agree to such monitoring.  Nevertheless, we do not make any warranties or guarantees that: (1) SoulTracks, or any portion thereof, will be monitored for accuracy or unacceptable use, (2) apparent statements of fact will be authenticated, or (3) we will take any specific action (or any action at all) in the event of a dispute regarding compliance or non-compliance with this Agreement.

REGISTRATION INFORMATION:

We may at times require that you register and/or set up an account to use certain portions of SoulTracks, or SoulTracks as a whole.  In order to do so, you may be provided, or required to choose, a password, User Id, and/or other registration information (collectively, "Registration Information").  You agree and represent that all Registration Information provided by you is accurate and up-to-date.  You may not impersonate, imitate or pretend to be somebody else when registering and/or setting up an account on SoulTracks.  If any of your Registration Information changes, you must update it by using the appropriate update mechanism on SoulTracks, if available.  Otherwise, contact our Privacy Policy Coordinator as described in our Privacy Policy.

USE OF USER ID/PASSWORD:

A.           If you register and/or set up an account on SoulTracks, you will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize others to use your Registration Information.  You may not sub-license, transfer, sell or assign your Registration Information and/or this Agreement to any third party without our written approval.  Any attempt to do so will be null and void and shall be considered a material breach of this Agreement. 

B.           You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Registration Information, with or without authorization, or who has access to any computer on which your account resides or is accessible.

C.           If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your Registration Information or any credit, debit or charge card number stored on SoulTracks), you must promptly change the affected Registration Information by using the appropriate update mechanism on SoulTracks, if available. 

FEES AND PAYMENTS:

A.           We or third parties may charge you fees for products or services offered for sale through SoulTracks, and/or for access to portions of SoulTracks or SoulTracks as a whole.  You agree to pay all fees and charges, including applicable taxes, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through SoulTracks by us or by any third party vendor or provider (such fees, charges and taxes shall collectively be referred to as "Fees"). We reserves the right to change the amount of, or basis for determining, any Fees, and to institute new Fees, effective upon prior notice to you.

B.           If you submit your credit, debit or charge card information to us upon registration or otherwise, you give us permission to charge all Fees incurred through your account to the credit, debit or charge card you designate.  Any additional Fees (other than renewal fees) will be charged at the time they are incurred.  If payment cannot be charged to your credit, debit or charge card or your payment is returned to us for any reason, including charge back, we reserve the right to either suspend or terminate your account and all its obligations under this Agreement.

USE OF THE WEBSITE:

A.           SoulTracks is not intended for users under the age of 13, and we do not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from submitting their personally identifiable information to us, and from using portions of SoulTracks for which registration is required, such as our forums and chat areas; any information submitted by such users will not knowingly be used, posted, or retained by us.

B.           Unless otherwise specified, SoulTracks is intended for your personal use only.  You may not authorize others to use SoulTracks, and you are responsible for all use of SoulTracks by you and by those you allow to use, or provide access to, SoulTracks.  You may not impersonate, imitate or pretend to be somebody else when using SoulTracks.

C.           You may not provide to or post on or through SoulTracks any graphics, text, photographs, images, video, audio or other material that constitutes junk mail, spam, advertising, and/or commercial offers.  You may not repeat the same posting multiple times in a day or week.

D.          You agree not to use any obscene, indecent, or offensive language or to provide to or post on or through SoulTracks any graphics, text, photographs, images, video, audio or other material that is defamatory, abusive, bullying, harassing, racist, hateful, or violent. You agree to refrain from ethnic or gender slurs, religious intolerance, and personal attacks when using SoulTracks. 

E.           You further agree not to use any sexually explicit language or to provide to or post on or through SoulTracks any graphics, text, photographs, images, video, audio or other material that is sexually explicit.  Do not "cyber" or solicit another to "cyber" (participate in virtual sex) on or through SoulTracks.

F.           You may not provide to or post on or through SoulTracks any graphics, text, photographs, images, video, audio or other material that is encrypted, invades anyone's privacy, or illustrates, references or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, federal, national or international law or regulation (e.g., drug use, underage drinking). You agree to use SoulTracks only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.  Do not provide to or post on or through SoulTracks any graphics, text, photographs, images, video, audio or other material that includes instructions for weapon and/or explosive manufacture or use.

G.          You are responsible for ensuring that any graphics, text, photographs, images, video, audio or other material you provide to or post on SoulTracks does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is provided or posted with the permission of the owner(s) of such rights.

H.          SoulTracks may contain graphics, text, photographs, images, video, audio and other material that is clearly identified for your use ("Assets").  The Assets are protected by state, national and international copyright, trademark and other intellectual property laws.  Nevertheless, we (and our licensors) grant to you the limited, non-exclusive, right and license to use the Assets solely as described on SoulTracks, as limited by this Agreement, and provided further that you keep intact any and all copyright and other proprietary notices.

I.             SoulTracks also contains other graphics, text, photographs, images, video, audio, software, code, and other material that is provided by us or our licensors and is not clearly identified as, or intended, for your use, including without limitation the organization, design, compilation, and  "look and feel" of SoulTracks, and advertising thereon ("SoulTracks Content").  The SoulTracks Content is protected by state, national and international copyright, trademark and other intellectual property laws, and is the property of us or our licensors.  The copying, reproduction, publication, display, rearrangement, redistribution, modification, revision, alteration, cropping, re-sizing, reverse engineering, movement, removal, deletion, or other use or change by you, directly or indirectly, of any such SoulTracks Content, including but not limited to the removal or alteration of advertising, is strictly prohibited.

J.           You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through SoulTracks, including without limitation the Assets or SoulTracks Content, except as permitted by the Copyright Act or other law or as expressly permitted in writing by this Agreement or SoulTracks.

K.           You agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with SoulTracks or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of SoulTracks.

L.           Other than connecting to our servers by http requests using a Web browser, you may not attempt to gain access to We's servers by any means - including, without limitation, by using administrator passwords or by masquerading as an administrator while using SoulTracks or otherwise.

M.          You acknowledge that we have not reviewed and do not endorse the content of all sites linked to from SoulTracks and we not responsible for the content or actions of any other sites linked to from SoulTracks. Your linking to any service or site is at your sole risk.

COMMENTS BY OTHERS:

We do not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on forums, blogs or otherwise contained in SoulTracks.  Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements and do not necessarily represent the views of us or third partyies.   You agree that SoulTracks and its third party service providers are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement.

USE OF MATERIAL SUPPLIED:

For information regarding use of information about you that you may supply or communicate to SoulTracks, please see our Privacy Policy.  Except as expressly provided otherwise in the Privacy Policy or in this Agreement, you agree that by posting messages, uploading text, graphics, photographs, images, video or audio files, inputting data, or engaging in any other form of communication with or through SoulTracks, you grant us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, or sublicense any such communication (including your identity and information about you) in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes, and to authorize others to do so.  In addition, please be aware that information you disclose in publicly accessible portions of SoulTracks will be available to all users of SoulTracks, so you should be mindful of personal information and other content you may wish to post.

COPYRIGHT:

A.           We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at its discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyright rights of others.

B.           If you believe that your work has been copied and is accessible on SoulTracks in a way that constitutes copyright infringement, or that SoulTracks contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify us by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to us via the "Contact Us" link on the bottom of every page on the site:

(i)     A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii)    Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii)  Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

(iv)   Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;

(v)    A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi)   A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

MERCHANDISE:

Neither SoulTracks nor its third party service providers make any warranties with respect to any of the merchandise, products, and/or services featured, mentioned, or sold on or through SoulTracks.  Transactions for any such item shall be between the user and the third party seller, distributor, or manufacturer without any involvement of us or our service providers.  You agree that SoulTracks and its third party service providers are not responsible, and shall have no liability to you, with respect to merchandise, products, and/or services featured, mentioned, sold, or distributed on or through SoulTracks, including illegal, offensive or illicit items, even items that violate this Agreement.

EDITING AND DELETIONS:

We reserve the right, but undertakes no duty, to review, edit, move or delete any material provided for display or placed on SoulTracks or its bulletin boards, in our sole discretion, without notice.

OTHER RULES:

We reserve the right to post, from time to time, additional rules of usage that apply to specific parts of SoulTracks. Such additional rules will be posted in the relevant parts of SoulTracks. Your continued use of SoulTracks constitutes your agreement to comply with these additional rules.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY:

YOU ACKNOWLEDGE THAT YOU ARE USING THE WEBSITE AT YOUR OWN RISK. THE WEBSITE IS PROVIDED "AS IS", AND THE WE, ITS AFFILIATES AND ITS THIRD PARTY WES HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE WEBSITE. SOULTRACKS, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE WEBSITE.

SOULTRACKS, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF THE WEBSITE HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, YOUR USE OF OR RELIANCE ON THE WEBSITE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

YOU HEREBY AGREE TO RELEASE SOULTRACKS, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".

INDEMNIFICATION:

You agree to indemnify SoulTracks and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from your submissions, from your unauthorized use of material obtained through SoulTracks, or from your breach of this Agreement, or from any such acts through your use of SoulTracks.

TERMINATION OR SUSPENSION OF ACCESS TO THE WEBSITE:

SoulTracks has the right to terminate and/or suspend your ability to access SoulTracks or any portion thereof, for any or no reason, without notice.

JURISDICTION:

We make no representation that materials on SoulTracks are appropriate, available or legal in any particular location. Those who choose to access SoulTracks do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of Michigan applicable to contracts to be wholly performed therein, and any action based on, relating to, or alleging a breach of this Agreement must be brought in a state or federal court in Michigan. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.

If you don't agree to the terms contained in this Agreement, please exit SoulTracks.

 
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