Registered Users. Certain enhanced services may be made available only to registered users of the Soul Train Network and require you to sign in with a screen name to use them. Your use of these enhanced services as a registered user of the Soul Train Network will be subject to the Soul Train Network Registered User Terms of Service.
Electronic Delivery Policy and Your Consent. You agree that we may provide to you required notices, agreements and other information concerning SOULTRAIN.COM electronically. We will post the notices on the home page of SOULTRAIN.COM or on the relevant web page of the applicable service. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of SOULTRAIN.COM.
Changes to SOULTRAIN.COM. We may discontinue or change any service or feature on SOULTRAIN.COM at any time and without notice.
Access Costs You must provide at your own expense the equipment and Internet connections that you will need to access and use SOULTRAIN.COM. You are solely responsible for any costs you incur to access SOULTRAIN.COM through any wireless or other communication service.
Your Responsibilities. You may use SOULTRAIN.COM for lawful purposes only. You may not submit or transmit through SOULTRAIN.COM any material, or otherwise engage in any conduct that:
Proprietary Rights. We, our suppliers, and our users who lawfully post text, messages, information, software, images, audio and video (“Content”) on SOULTRAIN.COM own the property rights to that Content. The Content is protected by international treaties, and by copyright, trademark, patent, and trade secret laws and other proprietary rights.
License to Use SOULTRAIN.COM. You may use SOULTRAIN.COM and the Content offered on SOULTRAIN.COM only for personal, non-commercial purposes, subject to the rules that accompany that particular Content. You may not use the Content in a manner that exceeds the rights granted for your use of the Content. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of SOULTRAIN.COM or Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content.
No Duty to Monitor. You agree that we are not liable for Content that is provided by others. We have no duty to pre-screen Content, but we have the right to refuse to post or to edit submitted Content. We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material.
Third Party Sites; Advertisers. SOULTRAIN.COM may include links to third party websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that we endorse these third party sites or services. You acknowledge and agree that we are not responsible or liable for any Content or other materials on these third party sites. Any dealings that you have with advertisers found on SOULTRAIN.COM are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.
The software is a “commercial item,” as that term is defined in 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 27.405(b)(2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government end users acquire the software with only those rights as set forth herein.
You agree to fully comply with all import and export laws, regulations, rules and orders of the United States, or any foreign government agency or authority, and that you will not directly or indirectly export, re-export, transfer and/or release the software, related technology, or any product thereof, for any proscribed end-use, or to any proscribed country, entity or person (wherever located), without proper authorization from the U.S. and/or foreign government. You bear responsibility for and assume all expenses relating to your compliance with the described laws, regulations, rules and orders, and for obtaining all necessary authorizations and clearances. You further agree to assume responsibility for and bear all expenses relating to your compliance with the described laws, regulations, rules and orders, and obtaining all necessary authorizations and clearances.
Disclaimer of Warranties. We provide SOULTRAIN.COM “as is”, “with all faults” and “as available.” We and our suppliers make no express warranties or guarantees about SOULTRAIN.COM.
TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT SOULTRAIN.COM AND ALL SOFTWARE, CONTENT AND SERVICES DISTRIBUTED THROUGH SOULTRAIN.COM ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT SOULTRAIN.COM WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SOULTRAIN.COM, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE SOULTRAIN.COM (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AN SOUL TRAIN REPRESENTATIVE SHALL CREATE A WARRANTY.
Limitation of Liability. YOUR EXCLUSIVE REMEDY REGARDING ANY SOFTWARE PROVIDED BY US SHALL BE THE REPLACEMENT OF ANY SUCH SOFTWARE FOUND TO BE DEFECTIVE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF SOULTRAIN.COM. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR PARENT AND OUR SUPPLIERS FOR ANY AND ALL CLAIMS RELATING TO THE USE OF SOULTRAIN.COM EXCEED THE TOTAL AMOUNT OF SERVICE FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE.
WE, OUR PARENT, AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON SOULTRAIN.COM. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR PARENT AND SUPPLIERS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnification. Upon a request by us, you agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of SOULTRAIN.COM. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
International Use. We make no representation that Content on SOULTRAIN.COM is appropriate or available for use in locations outside the United States, and accessing it from territories where the Content is illegal is prohibited. If you choose to access SOULTRAIN.COM from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.
Choice of Law and Location for Resolving Disputes. You agree that the laws of the Commonwealth of California govern this contract and any claim or dispute that you may have against us, without regard to California’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the Commonwealth of California and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.