Terms and Conditions
Souls Enlightenment d/b/a
SoulsEnlightenment.com owns and operates this website (hereafter, the
"Site," which shall also include any other websites owned or operated
by SoulsEnlightenment.com, services related to such operation, or any
communications related to SoulsEnlightenment.com). All references hereafter to SoulsEnlightenment.com
shall include Souls Enlightenment, and, where appropriate, its employees,
officers, directors, investors, agents, consultants, assignees, affiliates,
partners, contractors, attorneys, accountants, advertisers, and any and all
other individuals and organizations providing services on behalf of Souls
Enlightenment.
By using the Site, you, the user of the Site ("you" or
"user"), agree to the terms, conditions, notices and guidelines
contained in this Terms and Conditions of Use Agreement (the
"Agreement") and all modifications hereto. Souls Enlightenment
reserves the right, at its discretion, at any time, to change or modify the
terms and conditions of this Agreement applicable to you, or any part thereof
and to impose new conditions. Such changes, modifications, additions or
deletions shall be effective immediately. Each time you use the Site the terms
and conditions set forth in this Agreement shall apply to such use.
Users of the Site should periodically check for changes to this Agreement. Your
continued use of the Site following the posting of changes to this Agreement on
the Site, or by other means by which you obtain notice thereof means you accept
those changes.
Please e-mail any questions regarding this Agreement using the
"Contact" section of the Site. You may have this same
information sent to you by e-mail by sending a letter to attg@soulsenlightenment.com.
IF YOU ARE UNDER THE AGE OF 18, YOU MAY NOT USE THE PRODUCTS OR SERVICES
PROVIDED BY THE SITE.
IF YOU DO NOT AGREE TO COMPLY WITH THIS AGREEMENT, PLEASE DO NOT USE THIS SITE.
SOULSENLIGHTENMENT.COM RESERVES THE RIGHT TO REFUSE OR REVOKE SERVICE TO YOU OR
ANY USER AT ANY TIME.
SOULSENLIGHTENMENT.COM SHALL HAVE THE RIGHT BUT NOT THE OBLIGATION TO MONITOR
THE CONTENT OF THE SITE AND USE THEREOF TO DETERMINE COMPLIANCE WITH THIS
AGREEMNENT
1. Intellectual Property. The Site and all of its content including, but not
limited to, illustrations, graphics, drawings, paintings, articles, other text,
photographs, product names, designs, logos, video material, and audio clips
(collectively, "the Intellectual Property") are protected by
copyright, trademark, and other laws of the United States, as well as
international conventions and the laws of other countries. The Intellectual
Property is owned or controlled by Souls Enlightenment or the party credited as
the provider or owner of the Intellectual Property. The compilation (meaning
the collection, arrangement, and assembly) of all content on the Site is the
exclusive property of Souls Enlightenment and protected by U.S. and
international copyright laws. All software used on the Site is the property of Souls
Enlightenment or commercial software suppliers and is protected by U.S. and
international copyright laws.
Subject to the terms and conditions hereof, you may view, copy, download, or
print material appearing on the Site ("Site Materials") subject to
the following conditions:
- The Site Materials may only be used for
your personal, non-commercial use;
- The Site Materials may not be modified
- All
copyright, trademark, and other proprietary notices contained in all such Site Materials
may not be altered or deleted and the following notice must appear on each copy
of Site Materials: "Copyright © 2014 Souls Enlightenment. All rights
reserved. Protected by the copyright laws of the United States and
international treaties" must appear on each copy of Site Materials.
The copying, modification,
revision, reproduction, republication, uploading, posting, transmission, or
distribution for commercial or non-personal purposes of any Site Material or
elements from the Site including, but not limited to, the design or layout of
the Site, individual elements of the Site's design, or the Souls Enlightenment logo
or other "Trademarks" as defined below, without the express written
permission of Souls Enlightenment, or other owners of the Intellectual Property
is strictly prohibited. For purposes of this Agreement, the use of any Site
Materials on any other website or networked computer environment is prohibited.
2. User
Submissions. Any messages, suggestions,
materials, photos, works of art or authorship, ideas, or concepts that are
submitted through the Site by Users ("Submitted Materials") shall
become, and remain, the property of Souls Enlightenment. You agree that any
Submitted Materials, in whole or in part, may be used by Souls Enlightenment or
any of its affiliates for any purpose including modification, reproduction,
transmission, publication, advertising, press, publicity, broadcast, and
posting in any media, including but not limited to in connection with
television, internet and/or radio broadcasts affiliated with SoulsEnlightenment.com.
You additionally agree that Souls Enlightenment is free to use any ideas,
concepts, techniques, or know-how contained in any Submitted Materials you send
to or post on or via the Site for any purpose whatsoever including, but not
limited to, developing, manufacturing, marketing, and selling products and
services based upon such information without any obligation to compensate you
or anyone else for them. By submitting such Submitted Materials, you are
assigning and transferring any and all right, title and interest in Submitted
Materials to SoulsEnlightenment.com, including any moral rights. You represent
and warrant that Submitted Materials do not infringe any third-party
intellectual property rights. You agree not to transmit any unlawful,
threatening, harassing, libelous, defamatory, obscene, pornographic, or profane
material, any material submitted without permission under another person's
name, or other material that could constitute or encourage conduct that could
be considered a criminal offense or violate any law. You shall not, without the
express written approval of Souls Enlightenment submit any materials which
contains advertising or any solicitation with respect to products or services,
including any on-line information services competitive with Souls Enlightenment.
Site shall have the right, in its sole discretion to edit or remove any
material portion of Submitted Materials, which in its sole discretion, it finds
to be in violation of the provisions of this agreement or otherwise
objectionable.
DO NOT POST YOUR PERSONALLY IDENTIFIABLE CONTACT INFORMATION IN ANY PART OF THE
SITE ACCESSIBLE TO USERS, INCLUDING YOUR TELEPHONE NUMBER, HOME, BUSINESS OR
EMAIL ADDRESS. ANY POSTING OF SUCH PERSONAL INFORMATION IS EXPRESSLY AT YOUR OWN RISK.
3. Trademarks. The trademarks, logos, and service marks, including but not limited to
(collectively, the "Trademarks") displayed on the Site are the
trademarks of Souls Enlightenment and other parties. All rights reserved.
Nothing contained in the Site should be construed as granting by implication,
estoppel or otherwise, any license or right to use any Trademark displayed on
the Site without the written permission of Souls Enlightenment or the third party
that owns the Trademarks displayed on the Site. Your use of the Trademarks
displayed on the Site, or any other content on the Site, except as provided in
this Agreement, is strictly prohibited. Any other trademarks appearing on Souls
Enlightenment which are not the property of the Site are the property of the
respective owners.
4. User Responsibilities. You agree that you will provide true, accurate, current and complete
information about yourself as prompted by the registration process and that you
will update that information as necessary to maintain its accuracy. You agree
that you will conduct yourself in a mature manner that lends itself to civil
discourse, and that you shall use Souls Enlightenment for lawful purposes only.
Further, you agree not to use any facilities or resources available on or
through Souls Enlightenment to perpetrate prohibited conduct, whether against Souls
Enlightenment, or any other third party. Examples of prohibited conduct
include, but are not limited to chain letters, pornography, unsolicited
advertising, postings which are deemed excessive in number or deemed to be
initiated to harm the business of Souls Enlightenment, or other communication
that creates a nuisance or is otherwise offensive to the recipient or the Souls
Enlightenment audience. If you engage in prohibited conduct and/or if your
behavior leads to complaints from other users, is deemed in the discretion of
the employees, management or staff of Souls Enlightenment to be harassing or
objectionable, or you provide any information that is untrue, inaccurate, not
current or incomplete, or if Souls Enlightenment has reason to believe such
information is untrue, inaccurate, not current or incomplete, Souls
Enlightenment has the right to suspend or terminate your account and refuse you
any or all current and future use of any of the Site, or the services Souls
Enlightenment offers, without any further obligation to you, other than as
provided in Section 8 below.
5. Privacy. By accepting this Agreement, you expressly consent to
our use of your personal information as explained in our Privacy Policy, which
is incorporated herein by reference. Please also refer to our
Privacy Policy.
6. Limits on Liability. You agree that at no time during or after the term of
this Agreement shall Souls Enlightenment be liable for:
- The contents of any
communication, message, or other information sent by you or third parties to Souls
Enlightenment, or posted by you or other third parties on any part of the Site;
- The contents of any
website not controlled, owned, or operated by Souls Enlightenment that is
accessed from or linked to any part of the Site;
- Any damages or injury
caused by, including but not limited to, any failure of performance, error,
omission, interruption, defect, delay in operation of transmission, computer
virus, or line failure; and
- The results of any
interpersonal interactions to which you are exposed or in which you become involved
through the Site or other Souls Enlightenment services, and
- Any direct, indirect,
incidental, special, or consequential damages arising out of or relating to use
of or inability to use any of the Site or related services, or download any of
the software through any of the Site, even if Souls Enlightenment has been advised
of the possibility of such damages. If you are dissatisfied with any portion of
any of the Site, any services or products, or with any of these Terms of
Service, your sole and exclusive remedy is to discontinue using the Site; and
- Any termination or
suspension of your membership subscription as provided in this Agreement, or
any consequence thereof.
Souls Enlightenment may
include links to other Internet sites, both related and unrelated to the Site.
Additionally, other sites may link to the Site with or without the permission
of Souls Enlightenment. Descriptions of or references to individuals,
companies, products, services or publications not owned by Souls Enlightenment on
the Site or any linked website do not imply any endorsement of such individuals,
companies, products, or publications by Souls Enlightenment. Souls
Enlightenment shall not be liable for any damages or costs arising out of or in
any way connected with your use or involvement with any of the individuals,
companies, products, services, or publications accessed through the Site.
7. Indemnification. You agree to indemnify and hold Souls Enlightenment, its employees,
officers, directors, investors, agents, consultants, assignees, affiliates,
partners, contractors, attorneys, accountants, advertisers, and any and all
other individuals and organizations providing services on behalf of Souls
Enlightenment harmless from all claims, liabilities, losses, damages, and
expenses (including attorneys' fees and expenses) arising out of or relating to
(a) your use of any parts of the Site, Site Materials or related services or
any information posted by you on the Site; (b) your use of any Submitted
Materials, products or services offered by third-parties through the Site,
including without limitation any damage to any software or hardware as a result
of any viruses; (c) your download and/or use of any of the software available
for download through any part of the Site; (d) your alleged breach of this
Agreement; or (e) the suspension or termination of your Membership as provided
in this Agreement.
8. Disclaimer of Warranties. The information, material, services, and products (including the
products and services offered through the Site and provided by third parties)
included on any part of the Site may include inaccuracies, typographical
errors, and other problems.
ALL OF THE SITE MATERIALS,
CONTENT, PRODUCTS AND SERVICES ON THE SITE ARE PROVIDED "AS IS" AND
WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, AND TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SOULSENLIGHTENMENT.COM DISCLAIMS
ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOULSENLIGHTENMENT.COM
DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ITS CONTENT,
INCLUDING THIRD-PARTY AND SERVICES OFFERED THROUGH THE SITE, ON THE SITE WILL
BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE
SITE OR THE SERVERS THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. SOULSENLIGHTENMENT.COM DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE WEBSITE
AND ITS CONTENT, INCLUDING THIRD-PARTY PRODUCTS AND SERVICES OFFERED THROUGH
THE SITE, AVAILABLE ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, TIMELINESS, OR OTHERWISE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY FAILURE
OF PERFORMANCE, NEGILGENCE, OR FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR,
NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE
THAT SOULSENLIGHTENMENT.COM IS NOT LIABLE FOR DEFAMATORY, OFENSIVE OR ILLEGAL
CONDUCT OF ANY THIRD-PARTY USERS OF SOULSENLIGHTENMENT.COM OR ANY CLAIM FOR
VIOLATION OF PUBLICTY OR PRIVACY RIGHTS.
USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE USE OF ANY INTERACTIVE AREA,
ANY SOFTWARE, ANY SOFTWARE DOWNLOADS, AND ANY THIRD-PARTY PRODUCTS AND SERVICES
OFFERED THROUGH THE SITE IS AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM
THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
9. Choice of Law,
Jurisdiction and Venue. This Agreement shall be
governed by the laws of the State of California applicable to contracts entered
into and performed exclusively in that State. Any court of competent jurisdiction
sitting within Tracy, California will be the exclusive jurisdiction and venue
for any dispute arising out of or relating to this Agreement. The losing party
shall pay all reasonable fees and costs (including attorneys' fees) resulting
from any claim or dispute arising from this Agreement.
Souls Enlightenment com makes no representation that content on any part of the
Site is appropriate or available for use in other locations. Those who choose
to access any part of the Site from other locations do so on their own
initiative and are responsible for compliance with local laws, if and to the
extent local laws are applicable. The Site may contain references to products
or services not available in all countries. Souls Enlightenment does not market
all of its products or services in all countries. Software from any part of the
Site may be subject to U.S. and Canadian export controls.
10. Risk Of Loss. Souls Enlightenment is not responsible for
any direct, indirect, punitive, or consequential damages that arise from
improper shipping practices. All items purchased from Souls Enlightenment
are made pursuant to a shipment contract. This means that the risk of loss and
title for all merchandise ordered on this Web site pass to you when the
merchandise is delivered to the shipping carrier.
11. All Sales Are Final. Souls Enlightenment does not give refunds or accept returns on purchased items. However, if
the item is damaged in transit within the Continental United States, Souls Enlightenment, at their sole discretion, may exchange it for the same item within 3 weeks of the purchased date. To be
eligible for an exchange, you must first email us at
services@soulsenlightenment.com to alert us of the damage. You will
waive your right for an exchange for any reason if you do not receive our
approval in advance. Upon receiving our approval, we will instruct you where to ship the damaged item back to us, so that we may send you a replacement. (Mail damaged prints to: Souls Enlightenment, 793 S. Tracy Blvd. #136, Tracy, CA 95376. Mail damaged canvases to our production facility: Maxwell Dickson
LLC, 110 East 9th Street. Suite C919, Los Angeles, CA 90079.) We don’t guarantee that we will receive your returned item and do not take title to returned items until the item
arrives at our office.
12. Miscellaneous. This Agreement constitutes
the entire agreement between you and Souls Enlightenment and its affiliates,
and supersedes all prior written or oral agreements or communications with
respect to the subject matter herein. Any modifications to this Agreement must
be set forth in writing and acknowledged by an authorized representative of Souls
Enlightenment. Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13 of this Agreement shall survive any
termination of Membership or use of the Site. If any term of this Agreement is
declared unlawful, void or for any reason unenforceable by any court, then such
term will be deemed severable from the remaining terms and will not affect the
validity and enforceability of such remaining terms. The section headings in
this Agreement are for convenience only and must not be given any legal import.
This Agreement may be assigned by Souls Enlightenment at any time.
A printed version of this Agreement and of any notice given in electronic form
shall be admissible in judicial proceedings or administrative proceedings based
upon or relating to this Agreement to the same extent and subject to the same
conditions as other business documents and records originally generated and
maintained in printed form.
13. The Site is owned and operated by Souls Enlightenment, 793 S. Tracy Blvd. #136,
Tracy, California 95376. For further information about Souls Enlightenment or
the Site, please visit the "Contact" section of the Site.