TUCSONSOUL.COM TERMS OF USE AGREEMENT
April 30, 2011
DEFINITIONS
“You” refers to the user of this website and its related services, and as such you have gained the right
to use this website by respecting the applicable Terms of Use described in detail below.
DW3 Productions LLC. (“TucsonSoul”) is the exclusive owner and operator of TucsonSoul.com (the
website).
As used in this Agreement, "we" and "us" means TucsonSoul or any successor or assign of TucsonSoul.
“Service(s)” refers to your use of TucsonSoul.com for any purpose whatsoever.
OVERVIEW
This Terms of Use Agreement (the "Agreement") sets forth the terms and conditions which apply to
your use of the TucsonSoul.com website and all services offered by TucsonSoul. By completing the
subscription process you are indicating that you agree to be bound by all of the terms in this
Agreement. Please print and keep a copy of this Agreement for your records.
We reserve the right, at any time, to change or modify the terms and conditions applicable to your
subscription. Such changes will become effective upon notification, which we may effect by sending
you notice by email and posting a revised Agreement on this website, which you can access at any time
using the "Terms of Use" link. Your continued use of our service after notification of such a change has
been sent shall be deemed to constitute acceptance by you of any such changes, modifications,
additions or deletions. You agree to review this Agreement periodically to be aware of any such
revisions.
ELIGIBILITY
General Use
Use of the TucsonSoul Services and registration to be a Member for the TucsonSoul Services
(“Membership”) is void where prohibited. By using the TucsonSoul Services, you represent and warrant
that (a) all registration information you submit is truthful and accurate; (b) you will maintain the
accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the TucsonSoul
Services does not violate any Applicable Law. Your profile may be deleted and your Membership may
be terminated without warning, if we believe that you are under 13 years of age, if we believe that you
are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18
and represent yourself as under 18.
Dating Services
You must be 18 years of age or older to visit or use the dating services on TucsonSoul.com. By
visiting TucsonSoul.com or accepting these Terms of Use, you represent and warrant to TucsonSoul
that you are 18 years of age or older, and that you have the right, authority and capacity to agree to
and abide by these Terms of Use. You also represent and warrant to TucsonSoul that you will use this
website in a manner consistent with any and all applicable laws and regulations.
PRIVACY OF INFORMATION
The Personal Information Protection Act (“the Act”) regulates the way private sector organizations
within British Columbia, Canada collect, use, keep, secure and disclose personal information. “Personal
Information” means all information about an identifiable individual. TucsonSoul recognizes the
importance of privacy and recognizes the sensitivity of personal information received by us in the
course of offering our service. We recognize our professional obligation to maintain the confidentiality
of our clients’ information, and recognize our obligations concerning the personal information of all
individuals that we collect, use or disclose in our practice. This policy has been developed with those
obligations in mind.
TucsonSoul collects personal information from you in order to create your online profile. TucsonSoul
will not use or disclose your personal information for purposes other than those described in this
policy.
If we change our privacy policy, we will notify you.
If you have any questions with respect to our policies concerning the handling of your personal
information, or if you wish to request access to, or correction of, your personal information under our
care and control, please contact our Privacy Officer at: admin@TucsonSoul.com
By issuing this website you acknowledge that
(a) we cannot ensure the security or privacy of information you provide through the Internet and your
email messages, and you release us from any and all liability in connection with the use of such
information by other parties;
(b) we are not responsible for, and cannot control, the use by others of any information which you
provide to them and you should use caution in selecting the personal information you provide to
others through the Service; and
(c) we cannot assume any responsibility for the content of messages sent by other users of the Service,
and you release us from any and all liability in connection with the contents of any communications
you may receive from other users. We cannot guarantee, and assume no responsibility for verifying,
the accuracy of the information provided by other users of the Service.
You may not use the Service for any unlawful purpose. If you use this service unlawfully we will pass
along all information to law enforcement. We may refuse to grant you an ID or nickname that
impersonates someone else, is protected by trade-mark or proprietary law, or is vulgar or otherwise
offensive, as determined by us in our sole discretion.
We do not share any personal information with third parties.
USER AGREEMENT
This Agreement constitutes your agreement with TucsonSoul with respect to your use of the Service.
You must agree to abide by all of the terms and conditions contained in this Agreement in order to
become or remain an authorized user of the Service.
RIGHT TO USE
Your right to use the Service is subject to any limitations, conditions and restrictions established by us
from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the
Service at any time, including the availability of any Service feature, database or content. We may also
impose limits on certain features and aspects of the Service or restrict your access to parts or all of the
Service without notice or liability.
CODE OF CONDUCT
You agree to use the Service in accordance with the following Code of Conduct:
a. you will keep all information provided to you through the Service as private and confidential and
will not give such information to anyone without the permission of the person who provided it to you;
b. you will not use the Service to engage in any form of harassment or offensive behavior, including
but not limited to the posting of communications, pictures or recordings which contain libelous,
slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language;
c. you will not forward chain letters through the Service;
d. you will not use the Service to infringe the privacy rights, property rights, or any other rights of any
person;
e. you will not post messages, pictures or recordings or use the Service in any way which
i. violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any
copyright or trade-mark law, privacy or other personal or proprietary rights, or
ii. is fraudulent or otherwise unlawful or violates any law; and
f. you will not use the Service to distribute, promote or otherwise publish any material containing any
solicitation for funds, advertising or solicitation for goods or services.
g. you will not use the Service to distribute or up load any virus, trojan horses or do anything else that
might cause harm to the Service, TucsonSoul systems or to other members' systems in any way.
h. you will not cause the Service to be accessed through an automated or robotic means, including but
not limited to the rapid access of the site as in a denial-of-service attack. Such restriction shall not
apply to legitimate search engine activity which does not place an unreasonable burden on the Service.
i. you will not use a third-party application such as a mobile smart phone application, social media or
other Web page widget, or any other such mobile, social media, Web, or desktop application to access
the Service, except where such application is either provided by us or endorsed by us. Such restriction
shall not apply to a browser application which merely displays the pages of the Service in their entirety
without modification or reformulation of content.
MONITORING OF INFORMATION
We reserve the right to monitor all advertisements, public postings and messages to ensure that they
conform to content guidelines that are monitored by us and subject to change from time to time. To
learn more about this behavioral advertising practice or to opt-out of this type of advertising, you can
visit networkadvertising.org. For third party advertising cookie opt out please
visit http://www.networkadvertising.org/managing/opt_out.asp.
REMOVAL OF INFORMATION
While we do not and cannot review every message or other material posted or sent by users of the
Service, and are not responsible for any content of these messages or materials, we reserve the right,
but are not obligated, to delete, move, or edit messages or materials, including without limitation
profiles, public postings and messages, that we, in our sole discretion, deem to violate the Code of
Conduct set out above or any other applicable content guidelines, or to be otherwise unacceptable.
You shall remain solely responsible for the content of profiles, public postings, messages and other
materials you may upload to the Service or users of the Service.
TERMINATION OF ACCESS TO SERVICE
We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any
time, with or without notice, for any reason, including, without limitation, breach of this Agreement.
Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity,
or that may otherwise affect the enjoyment of the Service or the Internet by others may be grounds for
termination of your access to all or part of the Service at our sole discretion, and you may be referred
to appropriate law enforcement agencies.
PROPRIETARY INFORMATION
The Service contains information which is proprietary to us, our partners, and our users. We assert full
copyright protection in the Service. Information posted by us, our partners or users of the Service may
be protected whether or not it is identified as proprietary to us or to them. You agree not to modify,
copy or distribute any such information in any manner whatsoever without having first received the
express written permission of the owner of such information.
NO RESPONSIBILITY
You acknowledge that we are not responsible for suspension of the Service, regardless of the cause of
the interruption or suspension.
SECURITY
Your account is private and should not be used by anyone other than you. You are responsible for all
usage or activity on the Service by users using your password, including but not limited to use of your
password by any third-party.
EXTERNAL LINKS
The Service may from time to time contain links to other Internet sites and resources ("External
Links"). You acknowledge that we are not responsible for, and have no liability as a result of the
availability of External Links or their contents. We suggest that you review the terms of use and privacy
statements of such External Links prior to using them.
MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any material or content distributed by TucsonSoul constitutes copyright
infringement, please provide us with the following information: an electronic or physical signature of
the person authorized to act on behalf of the owner of the copyright interest; a description of the
copyrighted work that you claim has been infringed; a description of where the material that you claim
is infringing is located on our website; your address, telephone number and email address; a written
statement by you that you have a good faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the
above information in your notice is accurate and that you are the copyright owner or authorized to act
on the copyright owner's behalf.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
You understand and agree that you use TucsonSoul.com and its related services at your own risk.
TucsonSoul’s services are provided on an "as is" basis without representations or warranties of any
kind, whether express or implied, including but not limited to warranties of title, non-infringement, or
implied warranties of merchantability or fitness for a particular purpose, other than those warranties
which are incapable of exclusion under law.
TucsonSoul provides a social networking platform that allows Members to create unique personal
profiles online in order to find and communicate with old and new friends on-line, and a personal
dating services with tools for singles and other similarly interested individuals, as well as forums for
discussion and commentaries to subscribers through the TucsonSoul.com website and other means of
distribution. TucsonSoul does not guarantee the accuracy, completeness, or timeliness of, or otherwise
endorse any information contained on TucsonSoul.com. Due to the number of sources from which
content distributed by TucsonSoul is obtained, there may be delays, omissions or inaccuracies in such
content. You acknowledge that use of the service is at your own risk. we do not represent or endorse
the accuracy or reliability of any member profile, advice, opinion, statement or other information
displayed, uploaded or distributed through the service by TucsonSoul, our partners or any user of the
service or any other person or entity. You acknowledge that any reliance upon any such opinion,
member profile, advice, statement or information shall be at your sole risk. Your continued use of the
service now, or following the posting of notice of any changes in this agreement, will constitute a
binding acceptance by you of this agreement, or any subsequent modifications.
You hereby acknowledge and agree that under no circumstances will TucsonSoul, its officers, directors,
employees, agents and third party content providers or licensors be liable to you or any third party for
any loss whatsoever caused by your use or reliance on information obtained through the content
distributed by TucsonSoul as well as any direct, indirect, incidental, special, punitive or consequential
damages or injury arising out of the use or inability to use the TucsonSoul service or out of the breach
of any warranty, or caused by any failure of performance, error, omission, interruption, deletion,
defect, delay in operation or transmission, computer virus, communication line failure, theft or
destruction or unauthorized access to and/or alteration of the TucsonSoul.com website, no matter
whether such claims are based in contract, tort, negligence, strict liability or any other cause of action,
and regardless of whether TucsonSoul has been advised of the possibility of such damages.
Some jurisdictions limit the availability of such limitation of liability, in which case the provisions of this
section may not apply to you. Notwithstanding the foregoing, in no event shall our liability exceed the
sum of $100.00 U.S. dollars.
INDEMNITY
You hereby agree to indemnify, defend and hold harmless TucsonSoul and all officers, directors,
owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified
Parties") from and against any and all liability and costs, including, without limitation, reasonable
attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any
breach by you of this Agreement or the foregoing representations, warranties and covenants. You shall
cooperate as fully as reasonably required in the defense of any such claim. TucsonSoul reserves the
right, at its own expense, to assume the exclusive defense and control of any matter subject to
indemnification by you.
MISCELLANEOUS
This Agreement represents the entire agreement between you and TucsonSoul regarding the use of our
services and supersedes any other agreement or understanding on the subject matter. This Agreement,
your rights and obligations, and all actions contemplated by this Agreement shall be governed by the
laws of the Province of British Columbia, Canada. As a condition of using TucsonSoul.com’s services,
each user agrees that any and all disputes and causes of action arising out of or connected
with TucsonSoul.com, shall be resolved through arbitration, with such arbitration to be held in
Vancouver, British Columbia, Canada.
Additionally, except where prohibited by law, as a condition of using TucsonSoul.com services, you
agree that any and all disputes and causes of action arising out of or connected to our services shall be
resolved individually, without resort to any form of class action. You also agree that regardless of any
statute or law to the contrary, any claim or cause of action arising from or related to the use
of TucsonSoul.com must be filed within one (1) year after such claim or cause of action arose or be
forever barred. The failure of either party to exercise in any respect any right provided for herein shall
not be deemed a waiver of any further rights hereunder.
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be
limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain
in full force and effect and be enforceable. This Agreement is not assignable, transferable or
sublicensable without the prior written consent of TucsonSoul. TucsonSoul may assign this Agreement
in whole or in part. No agency, partnership, joint venture, or employment is created as a result of this
Agreement. Headings are for convenience only and have no legal or contractual effect. All notices
under this Agreement shall be in writing and shall be deemed to have been duly given when receipt is
electronically confirmed, if transmitted by facsimile or email or upon receipt, if sent by certified or
registered mail, return receipt requested.
FEE FOR SERVICES
In addition to the free services provided on the TucsonSoul.com Web site, certain services are offered
which require payment for service. Where payment is required, the following additional terms and
conditions will apply
PRIVACY OF FINANCIAL INFORMATION
TucsonSoul will use the credit card information you provide to bill you for goods and services. By
registering for a for-fee service and providing your credit card details, you agree to be billed by us for
your for-fee service in advance. TucsonSoul will not share your financial information with third-parties,
except as necessary to process your payment. By providing your credit card details to us, you consent
to and authorize us to provide your credit card details to such credit card processors and financial
institutions as are necessary to process your payment.
TERMINATION OF SERVICES FOR NON-PAYMENT
Where payment is required for a service and we are unable to charge your credit card for any reason,
we may discontinue any and all service to you either temporarily or permanently.
CANCELLATION OF SERVICES
You may request cancellation of services of any TucsonSoul service at any time. Where, however, a fee
has been paid for a service, all such payments for service are non-refundable. Where billing for a
service is recurring on a monthly, yearly or other periodic basis, the unused portion of the current
service period will not be refunded.
MODIFICATIONS
We may modify this Agreement from time to time. Notification of changes in this Agreement will be
posted on the Service or sent via electronic mail, as we may determine in our sole discretion. If you do
not agree to any modifications, you should terminate your use of the Service. Your continued use of
the Service now, or following the posting of notice of any changes in this Agreement, will constitute a
binding acceptance by you of this Agreement, or any subsequent modifications.
DISCLOSURE AND OTHER COMMUNICATION
We reserve the right to send electronic mail to you, for the purpose of informing you of changes or
additions to the Service, or of any TucsonSoul related products and services. We reserve the right to
disclose information about your usage of the Service and demographics in forms that do not reveal
your personal identity.
Copyright 2010-2011 DW3 Productions, LLC
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
