Terms
Effective Date: April 18, 2020
To review material modifications and their effective dates scroll to the
bottom of the page.
1. Parties. The parties to these Terms of Use are you, and the owner of this
website business All references to "we", "us",
"our", this "website" or this "site" shall be
construed to mean this website business and soulmatesongs.com
2. Use And Restrictions. Subject to these Terms of Use and our Privacy
Policy, you may use the public areas of this site, but only for your own
internal purposes. You agree not to access (or attempt to access) this site by
any means other than through the interface we provide, unless you have been
specifically allowed to do so in a separate agreement. You agree not to access
(or attempt to access) this site through any automated means (including use of
scripts or web crawlers), and you agree to comply with the instructions set out
in any robots.txt file present on this site. You are not authorized to (i)
resell, sublicense, transfer, assign, or distribute the site, its services or
content; (ii) modify or make derivative works based on the site, its services
or content; or (iii) "frame" or "mirror" the site, its
services or content on any other server or Internet-enabled device. All rights
not expressly granted in this Agreement are reserved by us and our licensors.
3. Modification. We reserve the right to modify these Terms of Use at any
time, and without prior notice, by posting an amended Terms of Use that is
always accessible through the Terms of Use link on this site's home page. You
should scroll to the bottom of this page periodically to review material
modifications and their effective dates. YOUR CONTINUED USE OF THIS SITE
FOLLOWING OUR POSTING OF A MODIFICATION NOTICE OR NEW TERMS OF USE ON THIS SITE
WILL CONSTITUTE BINDING ACCEPTANCE OF THE MODIFICATION OR NEW TERMS OF USE.
4. Monitoring. We reserve the right, but not the obligation, to monitor your
access and use of this site without notification to you. We may record or log
your use in a manner as set out in our Privacy Policy that is accessible though
the Privacy Policy link on this site's home page.
5. Separate Agreements. You may acquire products, services and/or content
from this site. We reserve the right to require that you agree to separate
agreements as a condition of your use and/or purchase of such products,
services and/or content.
6. Ownership. The material provided on this site is protected by law,
including, but not limited to, United States copyright law and international
treaties. The copyrights and other intellectual property in the content of this
site is owned by us and/or others. Except for the limited rights granted
herein, all other rights are reserved.
7. Limitation of Liability. IN NO EVENT SHALL THIS SITE AND/OR ITS LICENSORS
BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY,
INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS
OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR
IN ANY WAY CONNECTED WITH THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT,
ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF
THIS SITE OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
8. Links to This Site. We grant to you a limited, revocable, and
nonexclusive right to create a hyperlink to this site provided that the link
does not portray us or our products or services in a false, misleading,
derogatory, or offensive matter. You may not use any logo, trademark, or
tradename that may be displayed on this site or other proprietary graphic image
in the link without our prior written consent.
9. Links to Third Party Websites. We do not review or control third party
websites that link to or from this site, and we are not responsible for their
content, and do not represent that their content is accurate or appropriate.
Your use of any third party site is on your own initiative and at your own
risk, and may be subject to the other sites' terms of use and privacy policy.
10. Participation In Promotions of Advertisers. You may enter into
correspondence with or participate in promotions of advertisers promoting their
products, services or content on this site. Any such correspondence or
participation, including the delivery of and the payment for products, services
or content, are solely between you and each such advertiser.
11. Arbitration. Except for actions to protect intellectual property rights
and to enforce an arbitrator's decision hereunder, all disputes, controversies,
or claims arising out of or relating to this Agreement or a breach thereof
shall be submitted to and finally resolved by arbitration under the rules of
the American Arbitration Association ("AAA") then in effect. There
shall be one arbitrator, and such arbitrator shall be chosen by mutual
agreement of the parties in accordance with AAA rules. The arbitration shall
take place in Boston, Massachusetts, USA, and may be conducted by telephone or
online. The arbitrator shall apply the laws of the State of Massachusetts, USA
to all issues in dispute. The controversy or claim shall be arbitrated on an
individual basis, and shall not be consolidated in any arbitration with any
claim or controversy of any other party. The findings of the arbitrator shall
be final and binding on the parties, and may be entered in any court of
competent jurisdiction for enforcement. Enforcements of any award or judgment
shall be governed by the United Nations Convention on the Recognition and
Enforcement of Foreign Arbitral Awards. Should either party file an action
contrary to this provision, the other party may recover attorney's fees and
costs up to $1000.00.
12. Jurisdiction And Venue. The courts of State of Massachusetts, USA and
the nearest U.S. District Court in the State of Massachusetts shall be the
exclusive jurisdiction and venue for all legal proceedings that are not
arbitrated under these Terms of Use.
13. Controlling Law. This Agreement shall be construed under the laws
of the State of Massachusetts, USA, excluding rules regarding conflicts of law.
The application the United Nations Convention of Contracts for the
International Sale of Goods is expressly excluded.
14. Severability. If any provision of these terms is declared invalid or
unenforceable, such provision shall be deemed modified to the extent necessary
and possible to render it valid and enforceable. In any event, the
unenforceability or invalidity of any provision shall not affect any other
provision of these terms, and these terms shall continue in full force and
effect, and be construed and enforced, as if such provision had not been
included, or had been modified as above provided, as the case may be.
15. Force Majeure. We shall not be liable for damages for any delay or
failure of delivery arising out of causes beyond our reasonable control and
without our fault or negligence, including, but not limited to, Acts of God,
acts of civil or military authority, fires, riots, wars, embargoes, Internet
disruptions, hacker attacks, or communications failures.
16. Privacy. Please review this site's Privacy Policy which also governs
your visit to this site. Our Privacy Policy is always accessible on our site's
home page.