Soulster Terms of Service

1.  Basic Terms

Imagine Foundation d/b/a Soulster (“Soulster“, “We“, or “Us“) offers this website (the “Site“) on the terms set forth herein.  THIS IS A LEGAL AGREEMENT BETWEEN YOU AND SOULSTER.  PLEASE READ IT CAREFULLY. In addition to reviewing this Agreement, you agree to read the official rules that accompany special offer, coupon, discount or promotion that we may offer or conduct before you participate in such offer, coupon, discount, or promotion. This agreement includes the following terms, the Privacy Policy, the Copyright and DMCA Policy, and the Disclaimer, which are each incorporated here by reference, and any other policies, guidelines and amendments that We may incorporate into this Agreement from time to time (together the “Agreement”).  By using the Site in any way, you (“You”) irrevocably accept the terms of this Agreement and agree to be bound by the same.  IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SITE. 

2. Ownership; No Obligation

The Site and its components are the property of Soulster and its various providers and distributors.  None of the content or data found on the Site may be reproduced, republished, distributed, sold, transferred, or modified without the express written permission of Soulster and any applicable providers or distributors.  In addition, the trademarks, logos and service marks displayed on the Site (collectively, the “Trademarks”) are the registered and/or common law trademarks of Soulster and various third parties and you may not use the Trademarks without the written permission of the applicable Trademark owner.  You agree to notify Soulster immediately at [elizabeth@soulster.org] if you believe that anything on the Site violates any of your rights. Please see the Copyright and DCMA policy for further information. Soulster has no obligation to maintain the Site or any content thereon and may change and/or remove the Site at any time, for any reason, without notice.

3. Third-party Websites; Third-party Activity

Soulster does not assume any responsibility or liability with respect to any website linked from the Site (or any website linking to the Site) including its content and operation.  A link from the Site to another website (or a link from another website to the Site) does not constitute a referral, endorsement, approval, advertising, offer or solicitation with respect to such website, its contents, or any products or services advertised or distributed through that website.  Soulster is not responsible for the content or the privacy practices employed by other websites. 

4.  Prohibited Users

A. Minors  

IF YOU ARE UNDER AGE 13 DO NOT USE THE SITE OR PROVIDE PERSONAL INFORMATION THROUGH THE SITE. IF YOU ARE 13 OR OLDER BUT A LEGAL MINOR, DO NOT USE THE SITE WITHOUT YOUR PARENT’S PERMISSION. If we discover that any personal information has been provided by children younger than thirteen (13) without such written consent, it will be deleted immediately. NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to use the Site you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child’s use of the Site. Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.

B. Persons Outside the United States

This Site is intended primarily for use in the United States. If Users are outside of the United States some of the content on the Site may be inapplicable and/or unusable.  IF YOU LIVE IN A COUNTRY WHERE USE OF THIS SITE VIOLATES ANY LAWS, DO NOT USE THIS SITE. 

5. Prohibited Actions

Except as expressly permitted by Soulster in writing, you will NOT reproduce, retransmit, disseminate, publish, broadcast, circulate, redistribute, sell, commercially exploit, create derivative works from, decompile, reverse engineer, or disassemble the Site or any works posted to it except that you may display and print one copy of the materials presented on the Site or Service on a single computer for your personal, non-commercial use only.  You will NOT take any measures to interfere with or damage the Site or to harvest information about the Site’s users. You will NOT use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of the Site. “Deep-linking,” “embedding” or using analogous technology is strictly prohibited unless specifically authorized in writing by Soulster.  If the Site has any portions that allow users to make comments or posts, You will NOT make any comments or post anything that is spamming, harassing, bullying, defamatory, hate speech, obscene, related to commercial purposes or multi-level-marketing, or that otherwise violates any law or any third-party rights, including copyright.  You will NOT submit any content on the Site that you wish to keep confidential. Soulster has the right (but not the obligaiton) to monitor, share, or remove any comments/posts/content at any time, for any reason, without notice. You will NOT use the Site in any way that would violate any applicable law or regulation. 

6. Indemnification

You will indemnify, defend, and hold harmless Soulster and its affiliates, directors, officers, employees, funders, contractors, sublicensees, shareholders, agents, licensees, and assigns (together the “Affiliates”) for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third-party claims, charges, and investigations that: (a) arise from your activities on the Site; (b) assert a violation by you of any term of this Agreement or arise from your failure to comply with this Agreement; or (d) assert that any content you submitted violates any law or infringes any third-party right, including any intellectual property or privacy right. This defense and indemnification obligation will survive the termination of this Agreement and will exist in perpetuity, regardless of whether you later cease using the Site or remove content from the Site.

7. Membership

To fully use the Site you may be required to register as a member by providing a user name, password, and/or valid email address. You must provide complete and accurate registration information to Soulster and notify Us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement. If you have an account, you are responsible for all activity that occurs under your account, including any activity by unauthorized users and You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the Site. If you become aware of an unauthorized access to your account, you must change your password and notify Us immediately at [elizabeth@soulster.org]. Soulster may terminate your account for any reason or no reason, at any time, with or without notice. Such termination will be effective immediately or as may be specified in the notice. Termination of your account may also include disabling your access to the Site. 

8. Disclaimers and Exclusion of Warranty

SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. 

SOULSTER HAS NO OBLIGATION TO SCREEN OR MONITOR ANY CONTENT AND DOES NOT GUARANTEE THAT ANY CONTENT AVAILABLE ON THE SITE OR COMPLIES WITH THIS AGREEMENT OR IS SUITABLE FOR ALL USERS.

SOULSTER PROVIDES THE SITE AND SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU THEREFORE USE THE SITE AT YOUR OWN RISK. SOULSTER AND ITS AFFILIATES DO NOT WARRANT THAT THE SITE WILL BE FREE OF DEFECTS, VIRUSES, OR OTHER HARMFUL ITEMS.  NEITHER SOULSTER NOR ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS THAT MAY RESULT FROM HACKING OR OTHER INFILTRATION OF THE SITE OR THE SOULSTER COMPUTER SYSTEM, THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THE SITE. SOULSTER AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY THAT MIGHT ARISE UNDER ANY LAW. WITHOUT LIMITING THE FOREGOING, SOULSTER MAKES NO REPRESENTATIONS OR WARRANTIES: (A) THAT THE SITE WILL BE PERMITTED IN YOUR JURISDICTION; (B) THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (C) CONCERNING ANY CONTENT SUBMITTED BY ANY THIRD PARTY; (D) CONCERNING ANY THIRD-PARTY’S USE OF CONTENT THAT YOU SUBMIT; (E) THAT ANY CONTENT YOU SUBMIT WILL BE MADE AVAILABLE ON THE SITE OR WILL BE STORED BY SOULSTER; (F) THAT THE SITE WILL MEET YOUR BUSINESS OR PROFESSIONAL NEEDS; (G) THAT THE SITE WILL CONTINUE OR THAT ANY SITE FEATURE WILL CONTINUE; OR (H) CONCERNING SITES AND RESOURCES OUTSIDE OF THE SITE, EVEN IF LINKED TO FROM THE SITE. TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY DOES NOT APPLY, ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY WARRANTIES WILL BE LIMITED IN DURATION TO A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH YOU FIRST USED THE SITE, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD. SOULSTER DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SITE, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SITE BY OTHER USERS OF THE COMMUNITY; THEREFORE, SOULSTER DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION. 

9. Limitation of Liability.

SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. 

YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF THE SITE, ANY CONTENT THEREON, OR ANY OTHER MATERIAL (INCLUDING WITHOUT LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE.  NEITHER SOULSTER NOR ITS AFFILIATES WILL BE CUMULATIVELY (OR OTHERWISE) LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSS OF USE, PROFIT, REVENUE OR DATA TO YOU OR ANY THIRD PERSON ARISING FROM YOUR USE OF THE SITE, ANY PLATFORM APPLICATIONS OR ANY OF THE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE.  THE TOTAL LIABILITY OF SOULSTER AND ITS AFFILIATES IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS AND USE OF THE SITE OR SERVICE. THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES AND WITHOUT IT THE TERMS WOULD BE DIFFERENT. THIS LIMITATION OF LIABILITY WILL: (A) APPLY REGARDLESS OF WHETHER (1) YOU BASE YOUR CLAIM ON CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY, (2) WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES, OR (3) THE LIMITED REMEDIES PROVIDED IN THIS SECTION FAIL OF THEIR ESSENTIAL PURPOSE; AND 

(B)  NOT APPLY TO ANY DAMAGE THAT THE SITE MAY CAUSE YOU INTENTIONALLY OR KNOWINGLY IN VIOLATION OF THIS AGREEMENT OR APPLICABLE LAW, OR AS OTHERWISE MANDATED BY APPLICABLE LAW THAT CANNOT BE DISCLAIMED FROM IN THIS AGREEMENT.

10. General Provisions

Your use of the Site or Service is independent of Soulster and not as an employee, agent, partner, or joint venturer with Soulster for any purpose. Except as expressly stated and agreed upon in advance by Soulster, no confidential relationship will be established if any user of the makes any oral, written or electronic communication to Soulster (such as feedback, questions, comments, suggestions, ideas, etc.).  If Soulster requires or requests that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number), Soulster will obtain, use and maintain it in a manner consistent with our Privacy Policy. Otherwise, such communication and any information submitted therewith will be considered non-confidential, and Soulster will be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information.  The sender of any information to Soulster is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person’s proprietary or privacy rights.

This Agreement shall be governed by the laws of the State of California, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods will not apply. Any action arising out of or relating to this Agreement or your use of the Site or Service must be commenced in the state or federal courts located in San Francisco, California, United States of America (and you consent to the jurisdiction of those courts). In any such action, Soulster and you irrevocably waive any right to a trial by jury.

If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delays by Soulster in exercising any right hereunder will waive any further exercise of that right. Soulster’s rights and remedies hereunder are cumulative and not exclusive.

This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns (including all parts of the Agreement that survive termination). We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. You may not assign this Agreement without Soulster’s prior written consent. 

You consent to receive all communications including notices, agreements, disclosures, or other information from Soulster electronically. Soulster may provide all such communications by email or by posting them on the Site or Service. For support-related inquiries, you may send an email to [elizabeth@soulster.org]. You may send notices of a legal nature to the following address:

[PO Box 40213 2515 1/2 Durant Ave, Berkeley CA 94704]

Nothing herein shall limit Soulster’s right to object to subpoenas, claims, or other demands.

This Agreement may not be modified except by a revised “Terms of Service” posted by Soulster on the Site. A revised Terms of Service will be effective as of the date it is posted on the Site 

If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision.; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way. 

ENTIRE AGREEMENT: This Agreement incorporates the following documents by reference:

  • Privacy Policy 
  • Copyright and DMCA Policy 
  • Disclaimer

This Agreement constitutes the entire understanding between Soulster and You concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same. 

END OF DOCUMENT 

Last revised: December 6, 2019

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