TERMS OF USE
SoulVibrations.com
& Soul Vibrations Digital Universe
1.
ACCEPTANCE OF TERMS
Soul Vibrations Inc., dba SoulVibrations.com & Soul Vibrations Digital Universe
SvShoppingDeals.com, svSpritMatch.com and all of its other sites linked to this Terms of Use
(collectively,
SVDU) provides the use of this web portal (collectively,
SITE or SERVICES) to visitors and
members subject to the following Terms of Use (TERMS), which may be updated or
changed by SVDU from time to time without notice to visitors and members. Any
changes shall become part of the AGREEMENT and shall apply as soon as changes
are posted. By continuing to use SVDU after the changes are posted, visitors
and members are indicating visitor or member’s acceptance of those changes.
Visitors and members can review the most current
version of the TERMS at any time here: Use of the Site constitutes
acceptance of all terms, conditions, policies and notices (AGREEMENT).
IF YOU DO NOT AGREE WITH THE TERMS OR USE, PLEASE DO NOT USE
THE SITE.
2. PRIVACY POLICY
Visitor
and member privacy is important to SVDU. SVDU privacy policy is available
online at: http://www.Soulvibrations.com/about/PRIVACYPOLICY/index.html.
3.
DESCRIPTION OF SERVICES
SVDU provides visitors and members with access
to a wide variety of materials that includes a full copy of the current SVDU SITE
with a wide array of stories, articles, graphics, interactive features, audio,
video, downloads, promotions, links, surveys, message boards, broadcast emails,
special emails, products, etc. (CONTENT)
Unless explicitly stated otherwise, any and all
new CONTENT added to current SERVICES, shall be subject to the TERMS. Visitors
and members understand and agree that the SERVICES are provided "as is"
and that SVDU assumes no responsibility for the timeliness, deletion,
mis-delivery or failure to store any user communications or personalization
settings, or the failure of delivery of broadcast email or any special email
and the CONTENT thereof.
Visitors are welcomed but membership is
encouraged since members will be permitted to participate in certain SERVICES
from which visitors are excluded. Daily Soul Vibrations (BROADCAST EMAIL) will
be sent to members only. Any visitor may become a member by registering at
SVDU's Join
SVDU/Make Account Page. Visitors and members
are responsible for all fees and equipment necessary to access the SERVICES.
4.
MODIFICATIONS TO SERVICES
SVDU reserves the right at any time and from
time to time to modify or discontinue, temporarily or permanently, the SERVICES
(or any part thereof) with or without notice. Visitors and members agree that
SVDU shall not be liable to visitors and members or to any third party for any
modification, suspension or discontinuance of the SERVICES or any part thereof.
SVDU reserves the right to refuse or discontinue
SERVICES to any user for non-compliance with TERMS.
5.
REGISTRATION AND ACCOUNT CREATION
As part of the registration and account creation
process required to join SVDU visitors will select a member ID (username) and a
password. Visitors and members will provide SVDU with certain registration
information, all of which must be accurate and updated (if any of visitor or
member’s registration information changes, members can update it by visiting
our Update
Account Page accessible through the Join SVDU/Make Account Page). Members will be
solely responsible for maintaining the confidentiality of password and are
solely responsible for all usage or activity on member’s SVDU account
including, but not limited to, use of the account by any person authorized by
members to use member’s ID and password.
6. RULES OF CONDUCT FOR
VISITORS AND MEMBERS
As
part of the AGREEMENT visitors and members are responsible for:
·
Providing
accurate and complete information at registration and while participating in
any SITE SERVICE.
·
Using
the SITE in a manner consistent with all applicable laws and regulations in the
United States or in any other country in which visitor or member uses the SITE
as well as any applicable laws and regulations concerning the export or
transmission of data between the United States and other countries;
.
Visitors and members further agree to not post, email,
key-in or import any CONTENT to chat rooms, bulletin boards or other accessible
SERVICES on the SITE that:
·
is
unlawful, fraudulent, harmful, libelous, defamatory, obscene, pornographic,
vulgar, harassing, tortious, defamatory, invasive of another's privacy, or otherwise objectionable
·
promotes
illegal activities or is harmful to minors
·
violates
or infringes any copyright, trademark or
other intellectual property rights of another person
·
is
off-topic for any bulletin board or other forum
·
constitutes
"spam", "junk mail", "chain letters",
"pyramid schemes", or any other form of solicitation
·
knowingly
contains viruses or any computer code or programs intended to disrupt or limit
the functioning of computer hardware or software
7.
NON-TRANSFERABILITY OF MEMBERSHIP
Visitor or member’s right to use this SITE is
personal and may not be sub-license, transferred, sold or assigned to any third
party without SVDU written approval. Any attempt to do so will be void and may
result in the cancellation of member’s account.
8. FEES
AND PAYMENTS
SVDU is offered free of charge until notice is
posted and reasonable efforts are made to alert members to any charge to
visitors and members. When any fees are charged terms of payment will be posted
on Join
SVDU/Make Account Page, and on other pages of the SITE.
9. OWNERSHIP OF MATERIALS
The SITE is owned by Soul
Vibrations, Inc. All CONTENT is
protected by copyrights, trademarks, service marks, patents or other
proprietary rights of SVDU and its partners, affiliates and contributors. No CONTENT
from the SITE may be reproduced, republished, sold, distributed or exploited
for any commercial purpose, except as noted on specific CONTENT pages. Visitors and members may download one copy of
any CONTENT onto any single computer for personal viewing and use only,
provided that all copyright or other proprietary notices are not modified. Any Software or other files or materials that
are placed on the SITE for visitor or member downloads will be accompanied by
its own notice of copyrights, trademarks, service marks, patents or other
proprietary rights protection and terms of use.
SVDU logos and all icons and custom
graphics on the SITE are service marks, trademarks and/or trade dress of SVDU.
Users agree not to display or use any such intellectual property in any manner.
10. SUBMISSION OF
CONTENT
While SVDU encourage
comments and feedback from SITE visitors and members, SVDU cannot accept or
consider creative ideas, suggestions or materials (collectively, MATERIALS)
other than those SVDU specifically solicit under the specific terms under which
such MATERIALS are solicited. It is the
intent of this policy to avoid misunderstandings regarding the ownership and
development of such MATERIALS. Consequently, SVDU ask that visitor and member not
submit any MATERIALS except those submitted in response to specific requests on
the SITE. If, despite this warning, a visitor or member chooses to submit MATERIALS,
these MATERIALS shall be deemed to be the property of SVDU, which shall
exclusively own all now known or hereafter existing rights to such MATERIALS
without compensation to the provider of the MATERIALS.
11. POSTED CONTENT
Visitors and members agree
that SVDU is not responsible in any manner for the quality, accuracy or
integrity of any content posted, emailed or transmitted to SITE forums
(collectively, MESSAGES) SVDU is not liable in any manner for any losses or
damages incurred as a result of such MESSAGES.
Although SVDU has no
obligation to pre-screen any MESSAGES posted, emailed or transmitted to SITE
forums, it reserves the right at its
sole discretion to delete, remove or move any such MESSAGES. Visitors and
members agree that SVDU may disclose or refuse to disclose information about
any MESSAGES if it believes in good faith that such disclosure or
confidentiality is necessary to comply with legal processes or to protect the
privacy of other users, employees, partners, affiliates or contributors of SVDU
or members of the public in general.
Any comments, MESSAGES, or letters sent by visitors
and members to SVDU regarding the SITE, including without limitation,
questions, comments, suggestions, criticisms or the like MATERIALS shall be
deemed to be non-confidential and free of any claims of proprietary or personal
rights unless visitors and members explicitly state in the correspondence that
the letter is "not for publication" and contains "private and
proprietary" information that may not be distributed. SVDU shall have no
obligation of any kind with respect to such MATERIALS or MESSAGES; and SVDU
will be free to reproduce, use, disclose, exhibit, display, transform, edit,
abridge, create derivative works from and/or distribute the MATERIALS or
MESSAGES without limitation or restriction. Furthermore, SVDU is free to use
any ideas, concepts, know-how, or techniques contained in any communication visitors
and members send to SVDU for any purpose whatsoever, including, but not limited
to, developing, manufacturing, and marketing products using such information,
without compensation or any other obligations to anyone, including visitors and
members
12. COPYRIGHT
INFRINGEMENT CLAIMS
If visitor or member believes
that work has been posted on the SITE in such manner that it constitutes
copyright infringement, please provide SVDU with a notice containing the
following information:
·
a
description of the work that visitor or member believes has been infringed
·
URL
of page or pages on the SITE where the work can be found
·
address,
email address and telephone number of person alleging the infringement.
·
a
statement by person making the allegation that in good faith the copyright owner
believes that the disputed use is unauthorized
·
a
statement by person making the allegation, under penalty of perjury, that all
information in and accompanying the allegation is accurate and that visitor or
member are the copyright owner; or that visitor or member has been duly
authorized to act on the owner’s behalf.
·
a
signature of the person authorized to act on behalf of the copyright owner;
Notice of claims of copyright infringement on the SITE
should be sent by registered mail to: Soul Vibrations, Inc.
Watergate-at-Landmark;
13. DISCLAIMER OF
WARRANTIES
The CONTENT in the SITE is
presented "as is" and without warranties of any kind either expressed
or implied. To the fullest extent permitted by laws in any and all
jurisdictions, SVDU disclaims all warranties, expressed or implied, including,
but not limited to, implied warranties of merchantability and fitness for a
particular purpose.
SVDU does not warrant that
the SITE will be uninterrupted, timely, secure or error-free, or that the SITE
or server is free of software viruses, or that software errors or problems will
be corrected. SVDU does not warrant that the information or other materials in
the SITE are reliable or accurate or complete or that use of the information or
materials in the SITE or any products or services purchased through the SITE
will meet visitor or member’s expectations.
Any material downloaded or otherwise
obtained through use of the SITE is done at visitor or member’s own risk. Visitor
or member is solely responsible for any damage to computer systems and software
and for any loss of data resulting from such download or other use of the SITE.
No information or advice visitor
or member obtains from this SITE or from SVDU, whether oral or written, shall
create any warranty by SVDU.
14. SPECIAL WARNINGS
REGARDING ADVICE AND EDUCATIONAL FEATURES OF THE SITE
Certain information
presented in the SITE is for the purpose of educating visitors on various
subjects related to family life, relationships, general living conditions,
personal financial management, career choices, consumer habits, wellness,
cultural participation, leisure-time activities. All such information,
including, without limitation, information pertaining to topics such as health,
fitness, nutrition, personal care, hygiene and exercise, or to health or
fitness related products, vitamins, supplements, diets, medications or
treatments, is presented for educational and informational purposes only and
does not constitute an endorsement, recommendation, or suggestion of treatment
by SVDU.
All financial information
is advisory and educational only. Career suggestions and suggestions of choices
in relationships, leisure-time activities and cultural participation are made
with the understanding that in all cases visitors and members will base final
decisions on the advice of trained professionals in a particular field,
especially advice of qualified health care provider before commencing any treatment,
diet, health or fitness program. Visitor or member should never disregard
medical advice or delay in seeking it because of something visitor or member has
read at the SITE. Information presented at the SITE is never intended to be a
substitute for professional medical advice and may be incomplete or include
errors and omissions.
SVDU and its affiliates,
partners and contributors shall not be liable for any complications, accidents,
injuries or damages arising from or related to the SITE or any information
presented in the SITE.
15. LINKED SITES AND
ADVERTISERS
SVDU has not taken any
steps to confirm the accuracy or reliability or other attributes of any
information presented by sites that link to SVDU, including, without
limitation, sites owned or hosted by other companies, sites linked by
advertisements on the SITE or co-branded sites that are presented jointly by
SVDU and an affiliate or partner of SVDU but are not controlled by SVDU.
Consequently, SVDU disclaims any responsibility for the accuracy, reliability,
content, legality, decency, copyright compliance, security or availability of
such other sites or the information on such sites. SVDU does not endorse, and
cannot ensure that visitors or members will be satisfied with any products or
services that visitors or members purchase from such other sites. SVDU cannot
give visitors or members any assurances regarding the delivery, quality or
condition of the products or services purchased from such other sites or visitor
or member’s dealings generally with such other sites. Visitor or member hereby
irrevocably waives any claim against SVDU with respect to such other sites.
16. LIMITATION OF
LIABILITY
SVDU shall not be liable
for any direct, indirect, incidental, special, consequential or exemplary
damages, even if SVDU has been advised of the possibility of such damages,
resulting from the use of or inability to use the SITE or material in the SITE;
the cost of procuring substitute products or services as a result of problems
with products or services obtained through the SITE; statements or conduct of
any third parties related to the SITE; or any other matter related to the SITE.
17. CERTAIN EXCLUSIONS
AND OTHER LIMITATIONS
Because some jurisdictions
do not permit the exclusion of certain warranties or the limitation or
exclusion of certain liability for incidental or consequential damages, certain
of the foregoing disclaimers and limitations set forth here may not apply to a
visitor or member. In no event, however, shall SVDU's liability ever exceed the
amount paid by a visitor or member, if
any, for the services that gave rise to the cause of action or claim.
18. AFFILIATES,
STRATEGIC PARTNERS, SPONSORS, THIRD PARTIES AND ADVERTISERS
Visitor or member’s correspondence or business dealings with, or
participation in promotions of, sponsors, third parties or advertisers found on
or through the SERVICES, including payment and delivery of related products or services,
and any other terms, conditions, warranties or representations associated with
such dealings, are solely between visitors and members and such sponsors, third
parties or advertisers. Visitors and members agree that SVDU shall not be
responsible or liable for any loss or damage of any sort incurred as the result
of any such dealings or as the result of the presence of such sponsors, third
parties or advertisers on the SERVICES.
19. LINKS
SVDU will provide, or third parties may provide,
links to other World Wide Web sites or resources. Because SVDU has no control
over such sites and resources, visitors and members acknowledge and agree that
SVDU is not responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable for any
content, accuracy, quality, advertising, products, or other materials on or available
from such sites or resources. Visitors and members further acknowledge and
agree that SVDU shall not be responsible or liable, directly or indirectly, for
any damage or loss caused or alleged to be caused by or in connection with use
of or reliance on any such content, products or services available on or
through any such site or resource.
20. CONTESTS AND SWEEPSTAKES
When SVDU offers promotional contests and sweepstakes,
visitor and member participation in these contests and sweepstakes is governed
by the expressed rules applicable to each such contest or sweepstakes.
SVDU often links to
other sites which provide contest and sweepstakes. With the exception of any
sweepstakes that SVDU directly own and operate, SVDU is not involved in the
formation or operation of any sweepstakes identified on any site to which SVDU links,
unless specifically noted. As a result, SVDU does not control operation,
judging or legality of these sweepstakes. Although SVDU will provide some
monitoring of Sites to which SVDU links and/or who are linked to SVDU in any
manner, SVDU does not control whether third-party sweepstakes providers will
(1) represent their sweepstakes or services accurately; or (2) fulfill any
agreement with or obligation to SVDU visitors or members. SVDU encourages
visitors and members to communicate directly with sweepstakes providers or with
third parties, such as the Better Business Bureau, to a degree sufficient to
establish the reliability of the sweepstakes provider.
All sweepstakes
providers are solely responsible for the operation, judging and legality of
their sweepstakes, and for any prizes associated with the sweepstakes.
SVDU is not responsible
to resolve any dispute between visitors and members and a sweepstakes provider.
Resolution of any such dispute or complaint is the sole responsibility of the
sweepstakes provider.
21. NON-WAIVER
The failure of SVDU to exercise or enforce any
right or provision of the TERMS shall not constitute a waiver of such right or
provision. If any provision of the TERMS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in the
provision; and the other provisions of the TERMS remain in full force and
effect. Visitors and members agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use of the SERVICES
or the TERMS must be filed within one (1) year after such claim or cause of
action arose or be forever barred.
22.
HEADINGS FOR CONVENIENCE ONLY
The section titles in the TERMS are for
convenience only and have no legal or contractual effect.
23 .
INDEMNIFICATION
Visitors and members agree to indemnify, defend
and hold SVDU harmless from any claims and expenses, including reasonable
attorneys' fees, arising from or related to any breach by visitors and members
of any terms of this AGREEMENT.
24.
SEVERABILITY
If any provision of this AGREEMENT is found
invalid or unenforceable, the provision will be enforced to the maximum extent
permissible and the other provisions of this AGREEMENT will remain in force.
25. ENTIRE
AGREEMENT
This AGREEMENT and any other terms and
conditions of SERVICES on the SITE constitute the entire AGREEMENT between visitors
and members and SVDU and govern the entire use of the SERVICES.
26. JURISDICTION
These Terms supercede any
prior agreements between visitor or member and SVDU. Visitors or members certify
that visitors or members are of legal age and are competent to enter into legal
agreements. These Terms and the relationship between visitors or members and
SVDU shall be governed by and construed in accordance with the laws of the
I HAVE READ AND UNDERSTAND THIS MEMBERSHIP AGREEMENT
AND AGREE TO BE BOUND BY ALL OF ITS TERMS.