ACCEPTANCE OF TERMS
All user-supplied information, materials, files, communications, documents, videos, audio files, and photographs are referred to collectively as “User Content.” “Company Content” means all Materials provided by Soulclapp, LLC. User Content, and Compnay Content may have different restrictions and conditions associated with them.
The terms and conditions expressed in this agreement apply to all users and visitors of this Site.
INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS
In addition to the Materials and Services offered by Company, this Site may also make available materials, information, and services provided by third parties (collectively, the “Third Party Services”). The Third Party Services may be governed by separate license agreements that accompany such services. Company offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Services. You agree that you will not hold Company responsible or liable with respect to the Third Party Services or seek to do so.
Except as expressly indicated to the contrary elsewhere on this Site, you may view, download, embed and print the Company Content and User Content available on this Site subject to the following conditions:
1. The Company Content and User Content may be used solely for personal, informational, and internal purposes.
2. The Company Content and User Content may not be modified or altered in any way.
3.You may not remove any copyright or other proprietary notices contained in the Company Content and User Content.
4. Company reserves the right to revoke the authorization to view, download, and print the Company Content and User Content available on this Site at any time, and any such use shall be discontinued immediately upon notice from Company.
5. You may embed the User Content into other websites and blogs, provided the primary purpose of using and embedding the User Content is not to gain advertising revenue or compete with Company.
6. The rights granted to you constitute a license and not a transfer of title.
The rights specified above to view, download, and print the Company Content and User Content available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
DIGITAL MILLENNIUM COPYRIGHT ACT
If you are a copyright owner or an agent thereof and believe that any User Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 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; 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 the service provider to locate the material; Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement that you have 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 A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You may send the notification to Support@Soulclapp.com.
The trademarks, logos, and service marks (“Marks”) displayed on this Site are the property of Company or other third parties. You are not permitted to use the Marks without the prior written consent of Company or such third party that may own the Marks.
LICENSE TO COMPANY FOR USER CONTENT
Certain Services offered through this Site accommodate or require User Content in the form of video, audio, image and text files. Depending upon the nature of the Service, by submitting User Content to this Site you grant Company the following type of license: For User Content that is the result of your creative efforts and which is intended to be displayed on the Site, you grant Company a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the this Site and Company's (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of Company’s Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each Soul Clapp Site user a non-exclusive license to access your User Content through the Website, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of this Site and under these Terms of Service.
PROHIBITED CONTENT AND COMMUNICATIONS
You may submit only User Content to the Site that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any national or international law, regulation or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. You may not upload files that were not created by you or for which you do not have express permission from such file’s owner to upload the file to this Site. Uploading content, in whatever form, that was not created by you may be copyright infringement and you will be solely responsible for all action taken both against you and against Company for any such infringement. Moreover, violation of these restrictions may result in denial of or limitations on access by you to this Site.
In using the Site, including all Services and Materials available through it, you agree: not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked sites; not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files; not to create a false identity; not to use or attempt to use another’s account, password, service, or system without authorization from Company; not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any linked sites.
MANAGING CONTENT AND COMMUNICATIONS
Company reserves the right, in its sole discretion, to delete or remove User Content from the Site and to restrict, suspend, or terminate your access to all or part of this Site, at any time without prior notice or liability. Company may, but is not obligated to, monitor or review any areas on the Site where users transmit or post User Content, including but not limited to areas where Services are available, and the substance of any User Content. To the maximum extent permitted by law, Company will have no liability related to User Content. Company disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content.
WARRANTIES AND DISCLAIMERS
Except as expressly provided otherwise in a written agreement between you and Company or you and a third party with respect to such party’s materials or services, this Site, and all Materials and Services accessible through this Site are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, Company makes no warranty that
(i) the Services and Materials will meet your requirements; (ii) the Services and Materials will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Services or Materials will be effective, accurate, or timely; and (iv) the quality of any Services or Materials obtained or accessible by you through the Site will meet your expectations.
You understand and acknowledge that (i) Company does not control, endorse, or accept responsibility for any content, products, or services offered by third parties through the Site; (ii) Company makes no representation or warranties whatsoever about any such third parties, their content, products, or services; (iii) any dealings you may have with such third parties are at your own risk; and (iv) Company shall not be liable or responsible for any content, products, or services offered by third parties.
PERSONAL INFORMATION AND PRIVACY
LIMITATION OF LIABILITY
In no event, including, without limitation, negligence, shall Company, its subsidiaries, affiliates, agents, officers, directors, employees, partners, or suppliers be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data, or profits, whether or not Company has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of or the inability to use this Site, its Services, or Materials, the statements or actions of any third party on or through the Site, any dealings with third parties, any unauthorized access to or alteration of your transmissions or data, any information that is sent or received or not sent or received, any failure to store or loss of data, files, or other content, any Services available through the Site that are delayed or interrupted, or any website referenced or linked to or from this Site.
INDEMNITY AND LIABILITY
GOVERNING LAW AND JURISDICTION
This Site (excluding linked sites) is controlled by Company from its offices in the United States of America. We make no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law. By accessing this Site, you and Company agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Nevada, without regard to the conflicts of laws principles thereof. You and Company also agree and hereby submit to the exclusive personal jurisdiction and venue of the Courts within the State of Nevada with respect to such matters.