Elamints Terms of Use and End User License Agreement
BY SIGNING UP FOR ELAMINTS AND BY YOUR CONTINUED USE OF THE SERVICE YOU ASSENT TO THE FOLLOWING AGREEMENT:
ACKNOWLEDGMENT
This
Terms of Use and End User License Agreement (the “Agreement”)
is solely concluded between “You”, the end-user, and
Elamints (together with its affiliates, “Elamints” or
“We” or “Our”). Elamints is solely
responsible for the Mobile Application and Website, otherwise known as ‘Elamints
Souldate Astrology’, and mobile dating service (“Service”)
and the content thereof. This Agreement is non-transferable by You
and is for use by You on your device that You own.
LEGAL
COMPLIANCE
You
represent and warrant that: (i) you are not located in a country
that is subject to a U.S. Government embargo, or that has been
designated by the U.S. Government as a “terrorist supporting”
country; and (ii) you are not listed on any U.S. Government list of
prohibited or restricted parties.
USER
CODE OF CONDUCT
In
your use of the Service, You agree to act responsibly in a manner
demonstrating the exercise of good judgment. For example and without
limitation, you agree not to: (a) violate any applicable law or
regulation, (b) infringe the rights of any third party, including
without limitation, intellectual property, privacy, publicity or
contractual rights, (c) use the information available through the
Service for any unauthorized purpose, (d) interfere with or damage
the Service, including, without limitation, through the use of
viruses, cancel bots, Trojan horses, harmful code, flood pings,
denial of service attacks, packet or IP spoofing, forged routing or
electronic mail address information or similar methods or
technology, including methods that in any way reproduce or
circumvent the navigational structure or presentation of the Service
or its contents, (e) use the Service to transmit, distribute, post
or submit any information concerning any other person or entity,
including without limitation, photographs of others, personal
contact information or credit, debit, calling card or account
numbers, (f) use the Service in connection with the distribution of
unsolicited commercial email (“Spam”) or advertisements,
(g) “stalk” or harass any other user of the Service, (h)
collect or store any information about any other user other than in
the course of the permitted use of our Service, (i) use the Service
for any commercial purpose whatsoever, (j) impersonate any person or
entity, (k) remove any copyright, trademark or other proprietary
right notices contained in the Service, (l) modify, adapt,
sublicense, translate, sell, reverse engineer, decipher, decompile
or otherwise disassemble any portion of the Service or Elamints Web
Site (www.souldate.link) or any software used on or for the Service,
or (m) assist any third party in doing any of the foregoing.
YOUR
INTERACTIONS WITH OTHER USERS OF THE SERVICE
You
are solely responsible for your interactions with other users of the
Service, including the content of the materials you post in the
public areas of the Service and in your messages to other users of
the Service. Elamints will not be responsible for any damage or harm
resulting from your interactions with other users of our Service.You
understand that Elamints does not in any way screen users, nor does
Elamints inquire into the backgrounds of our users or attempt to
verify their statements. Elamints makes no representations or
warranties as to the conduct of our users or their compatibility
with any current or future users. Elamints reserves the right, but
has no obligation, to monitor all interactions between You and other
users of the Service and to take any action in good faith to
restrict access to or the availability of any material that we or
another user of the Service may consider to be obscene, lewd,
lascivious, filthy, excessively violent, harassing or otherwise
objectionable.Email messages sent between You and other users of the
Service that are not readily accessible to the general public may be
reviewed by Elamints for compliance with this Agreement, but will be
treated by us as private to the extent required by applicable law.
You agree to take reasonable precautions in all interactions with
other users of the Service, particularly if you decide to meet
offline or in person.You should not provide your financial
information (for example, your credit card or bank account
information) to other users of the Service.
In no event shall
Elamints or its parent companies, subsidiaries, affiliates,
employees, officers, directors, representatives, successors and
assigns be liable for any damages whatsoever, whether direct,
indirect, general, special, compensatory, consequential, and/or
incidental, arising out of or relating to the conduct of You or
anyone else in connection with the use of the Service, including
without limitation, bodily injury, emotional distress, and/or any
other damages resulting from communications or meetings with other
users of the Service or persons You meet through the Service.
PRIVACY
Use
of the Service is also governed by Elamints Privacy Policy found at
: https://www.souldate.link/privacy/
MINORS
The
Service is not intended for minors (under the age of 18) and We will
not knowingly permit anyone under the age of 18 to use Our Service.
By using Our Web Site and/or using the Service, You represent and
warrant that you are at least 18 years old and otherwise have the
right, authority and capacity to accept the terms of this Agreement.
USER
CONTENT
By
submitting any content (including without limitation, Your
photograph) to Our Site, you represent and warrant to us that the
content, including Your photograph, is posted by You and that you
are the exclusive author of the content, including Your photograph,
and use of Your content by Us will not infringe or violate the
intellectual property or other rights of any third party.You waive
absolutely any and all moral rights to be identified as the author
of the content, including Your photograph, and any similar rights in
any jurisdiction in the world.By submitting any content (including
without limitation Your photograph) to Our Web Site or via your
Smartphone, You automatically grant, and You represent and warrant
that You have the right to grant, to Us, and Our licensees,
affiliates, successors and assigns, a perpetual, worldwide,
non-exclusive, royalty-free right and license to use, reproduce,
display, perform, adapt, modify, distribute, have distributed and
promote such content in any form, in all media now known or
hereinafter created, anywhere in the world, and for any purpose, to
prepare derivative works of, or incorporate into other works such
content, and to grant and to authorize sub-licenses of the
foregoing.You are solely responsible for any content that You
submit, post or transmit via our Service. You agree not to post or
submit any content that: (a) is libelous, defamatory or slanderous,
(b) contains sexually explicit content (including nudity), (c) may
denigrate any ethnic, racial, sexual or religious group by
stereotypical depiction or otherwise, including by promoting racism,
bigotry, hatred or physical harm of any kind against any group, (d)
exploits images or the likeness of individuals under 18 years of age
including in a sexual or violent manner, or solicits personal
information from anyone under the age of 18, (e) encourages or
otherwise depicts glamorized drug use (including alcohol and
cigarettes), (f) makes use of offensive language or images or is
otherwise patently offensive to the online community, (g) harasses
or advocates harassment of another person, (h) involves the
transmission of “junk mail”, “chain letters”
or unsolicited mass mailing or Spam, (i) promotes an illegal or
unauthorized copy of another person’s copyrighted work, (j)
characterizes violence as acceptable, glamorous or desirable, (k)
contains any illegal material or any material that infringes or
violates another party’s rights (including without limitation
intellectual property rights and rights of privacy and publicity),
(l) provides instructional information about illegal activities such
as making or buying illegal weapons, terrorist activities, violating
someone’s privacy, or providing or creating computer viruses,
(m) solicits passwords or personal identifying information for
commercial or unlawful purposes from other users, (n) provides or
promotes inaccurate, misleading or false information, (o) engages in
commercial activities and/or sales without Our prior written consent
such as contests, sweepstakes, barter, advertising, and pyramid
schemes, or (p) contains any of Your personal contact information.
If any information that You provide to us subsequently becomes
inaccurate, misleading or false, You will promptly notify us of such
change.
We have no obligation to post any content that You or
anyone else submits. In addition, We may, in our sole and unfettered
discretion, edit, remove or delete any content that You post or
submit.
The foregoing is a partial list of the kind of content
that is illegal or prohibited on our Service. We reserve the right
to investigate and take appropriate legal action in Our sole
discretion against anyone who violates this Agreement, including
without limitation, removing the offending communication from the
Service and terminating the violator’s access to the Service.
NO
COMMERCIAL USE
This
Service is for Your personal use only and may not be used in
connection with any commercial endeavors. Organizations, companies,
and/or businesses should not use the Service or Our Web Site or
mobile application for any other purpose. Illegal and/or
unauthorized uses of the Service, including collecting usernames
and/or email addresses of users by electronic or other means for the
purpose of sending unsolicited email and unauthorized framing of or
linking to our Web Site or mobile application may be investigated,
and appropriate legal action will be taken, including without
limitation, civil, criminal, and injunctive redress. Use of the
Service is with Our permission, which may be revoked at any time,
for any reason, in Our sole discretion.
THIRD
PARTY CONTENT
In
Your use of Our Service, You may access content from third parties
(“Third Party Content”), either via our Service or
through links to third party web sites. We do not control Third
Party Content and make no representations or warranties about it.
You agree that by using Our Service, you may be exposed to Third
Party Content that is false, offensive, indecent or otherwise
objectionable. Under no circumstances will Elamints or its parent
companies, subsidiaries, affiliates, employees, officers, directors,
representatives, successors and assigns be liable in any way for any
Third Party Content, including, without limitation, any errors or
omissions in any Third Party Content or any loss or damage of any
kind incurred as a result of the use of any Third Party Content
posted, stored or transmitted via Our Service. You agree that You
must evaluate, and bear all risks associated with, Third Party
Content, including without limitation, profiles of other users of
Our Service.
PROPRIETARY
RIGHTS
a)
You agree that all content and materials available on the Service
are protected by either Our intellectual property rights, or the
rights of Our licensors, with respect to publicity, copyright,
trademarks, service marks, patents, trade secrets or other
proprietary rights and laws. Except for that information which is in
the public domain or for which You have been given express written
permission by Us, You agree not to sell, license, rent, modify,
distribute, copy, reproduce, transmit, publicly display, publicly
perform, publish, adapt, edit or create derivative works from
materials or content available on via Our Service. Notwithstanding
the above, You may use the content and materials on Our Web Site or
mobile application in the course of Your normal, personal,
non-commercial use of the Service.b) You agree not to
systematically retrieve data or other content or any materials from
Our Web Site or mobile application to create or compile, directly or
indirectly, a collection, compilation, database, directory or the
like, whether by manual methods, through the use of “bots”
or otherwise. You agree not to use of any of Our trademarks as
metatags on other web sites. You agree not to display any of Our Web
Site or mobile application in a frame (or any of Our content via
in-line links) without Our express written permission, which may be
requested by contacting us at info@souldate.link. You may, however,
establish ordinary links to the homepage and other sections of Our
Web Site and mobile application without Our written permission.
USERNAME
AND PASSWORD
You
will select a username and password when completing the registration
process. You are solely and fully responsible for maintaining the
confidentiality of your username and password, and are solely and
fully responsible for all activities that occur under Your username
and password. You agree to: (a) immediately notify us of any
unauthorized use of your username and password or any other breach
of security and (b) ensure that You log off from your account at the
end of each session. We cannot and will not be liable for any loss
or damage arising from your failure to comply with this Section.
TERMINATION
AND CANCELLATION
Termination.
You agree that Elamints, in Our sole discretion, may terminate your
access to the Service for any reason, including, without limitation,
your breach of this Agreement. You agree that any termination of
Your access to the Service may be effected without prior notice, and
acknowledge and agree that We may immediately deactivate or delete
any of Your accounts and all related information and files in such
accounts and/or bar any further access to such files or the Service.
Further, You agree that Elamints and its parent companies,
subsidiaries, affiliates, employees, officers, directors,
representatives, successors and assigns will not be liable to You or
any third party for any costs or damages of any kind for or
resulting from any termination of Your access to the Service.
DISCONTINUANCE
OF SERVICE
We
reserve the right at any time to modify or discontinue, temporarily
or permanently, any portion of the Service with or without prior
notice to You. You agree that Elamints and its parent companies,
subsidiaries, affiliates, employees, officers, directors,
representatives, successors and assigns will not be liable to You or
to any third party for any modification or discontinuance of our
Service.
CUSTOMER
SERVICE
We
provide assistance and guidance through Our representatives via
email info@souldate.link or via the FeedBack button on Our Web Site
at souldate.link. When communicating with Our representatives,
You may not be abusive, obscene, profane, offensive, sexist,
threatening, harassing, racially offensive, or otherwise behave
inappropriately. If We determine in Our sole discretion that Your
behavior towards any of Our representatives is at any time
threatening or offensive, we reserve the right to immediately
terminate your access to our Site and app.
REPRESENTATIONS
AND WARRANTIES
You
hereby represent and warrant to Elamints that: (a) you have the full
power and authority to enter into and perform Your obligations under
this Agreement, (b) Your use the Service will not infringe the
copyright, trademark, right of publicity or any other legal right of
any third party, (c) You will comply with all applicable laws in
using the Service and in engaging in all other activities arising
from, relating to or connected with this Agreement, including,
without limitation, contacting other users of the Service and (d)
You own or otherwise have all rights necessary to license the
content You submit and that the posting and use of Your content by
Elamint will not infringe or violate the legal rights of any third
party.
DISCLAIMER
OF WARRANTIES
YOU
AGREE THAT:
A) IF YOU USE OUR SERVICE, YOU DO SO AT YOUR
OWN AND SOLE RISK. OUR SERVICE IS PROVIDED ON AN “AS IS”
AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT
PERMITTED BY LAW. WE DO NOT WARRANT THAT (1) OUR SERVICE WILL
MEET YOUR REQUIREMENTS, (2) OUR SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (3) ANY INFORMATION THAT YOU MAY
OBTAIN ON OUR SERVICE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY
OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH OUR SERVICE WILL MEET YOUR EXPECTATIONS,
(5) ANY INFORMATION YOU PROVIDE OR WE COLLECT WILL NOT BE DISCLOSED
TO THIRD PARTIES, (6) YOU WILL ARRANGE ANY MEETINGS THROUGH OUR
SERVICE, OR (7) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE
CORRECTED. WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL
MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE
SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE
OF EMAIL ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON
THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING
INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON’S COMPUTER
RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS
IN CONNECTION WITH THE INTERNET AND/OR IN CONNECTION WITH THE
SERVICE. UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR AFFILIATES,
ADVERTISERS, PROMOTERS OR DISTRIBUTION PARTNERS BE RESPONSIBLE FOR
ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING
FROM ANYONE’S USE OF OUR WEB SITE, MOBILE APPLICATION OR THE
SERVICE, ANY CONTENT POSTED ON OUR WEB SITE OR MOBILE APPLICATION OR
TRANSMITTED TO USERS, OR ANY INTERACTIONS BETWEEN USERS OF THE
SERVICE, WHETHER ONLINE OR OFFLINE.
C) IF YOU ACCESS OR
TRANSMIT ANY CONTENT THROUGH THE USE OF OUR SERVICE, YOU DO SO AT
YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE
FOR ANY LOSS OR DAMAGE TO YOU IN CONNECTION WITH SUCH ACTIONS. WE
ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED
IN CONNECTION WITH THE SERVICE, WHETHER CAUSED BY USERS OF THE
SERVICE OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR
UTILIZED IN THE SERVICE. WE ARE NOT RESPONSIBLE FOR THE CONDUCT,
WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE. WE ASSUME NO
RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE
FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR
ALTERATION OF, USER COMMUNICATIONS.
D) NO DATA, INFORMATION
OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH
OR FROM OUR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THESE TERMS.
LIMITS
ON LIABILITY
A)
YOU AGREE THAT ELAMINTS AND ITS PARENT COMPANIES, SUBSIDIARIES,
AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, REPRESENTATIVES,
SUCCESSORS AND ASSIGNS WILL NOT BE LIABLE FOR ANY DAMAGES
WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM, RELATING TO OR
CONNECTED WITH: (A) THE USE OR INABILITY TO USE OUR SERVICE, (B) THE
COST OF REPLACEMENT OF ANY GOODS, SERVICES OR INFORMATION PURCHASED
OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICE, (C)
DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT,
(D) STATEMENTS, CONDUCT OR OMISSIONS OF ANY SERVICE PROVIDERS OR
OTHER THIRD PARTY ON OUR SERVICE, OR (E) ANY OTHER MATTER ARISING
FROM, RELATING TO OR CONNECTED WITH OUR SERVICE OR THESE TERMS.B)
ELAMINTS WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING
UNDER THESE TERMS WHERE SUCH FAILURE OR DELAY IS DUE TO CAUSES
BEYOND OUR REASONABLE CONTROL, INCLUDING NATURAL CATASTROPHES,
GOVERNMENTAL ACTS OR OMISSIONS, LAWS OR REGULATIONS, TERRORISM,
LABOR STRIKES OR DIFFICULTIES, COMMUNICATIONS SYSTEMS BREAKDOWNS,
HARDWARE OR SOFTWARE FAILURES, TRANSPORTATION STOPPAGES OR SLOWDOWNS
OR THE INABILITY TO PROCURE SUPPLIES OR MATERIALS.C) IN NO
EVENT WILL ELAMINTS AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN
ANY MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SERVICE
OR THIS AGREEMENT EXCEED THE SUM OF ONE HUNDRED ($100) DOLLARS.
INDEMNITIES
a)
You agree to defend, indemnify and hold Elamints, and our
subsidiaries, parent companies, affiliates, and each of Our and
their directors, officers, managers, members, partners, agents,
employees, successors and assigns harmless from any claim, demand,
action, damage, loss, cost or expense, including without limitation,
reasonable attorneys’ fees, incurred in connection with any
law suit or proceeding brought against Us arising out of Your use of
the Service or alleging facts or circumstances that could constitute
a breach by You of any provision of this Agreement and/or any of the
representations and warranties set forth above. If You are obligated
to indemnify Us, We will have the right, in Our sole and unfettered
discretion, to control any action or proceeding and determine
whether We wish to settle it, and if so, on what terms.b) In
the event of any third party claim against You that the Elamints
mobile application infringes the North American intellectual
property rights of any third party,
COPYRIGHT
POLICY
You may
not post, distribute, or reproduce in any way any copyrighted
material, trademarks, or other proprietary information on Our Web
Site or mobile application without obtaining the prior written
consent of the owner of such proprietary rights. In addition, and
without limiting the foregoing, if You believe that your work has
been copied and posted on our Web Site or mobile application in a
way that constitutes copyright infringement, please visit and send
Us your notice of infringement by via email to info@souldate.link.
DISPUTE
RESOLUTION
All
disputes arising out of or relating to this Agreement or Your use of
our Service will be exclusively resolved in Provincial Courts
located in Ontario, Canada to enforce this Agreement or prevent an
infringement of a third party’s rights. Each party hereby
irrevocably submits to the personal jurisdiction of such Courts.
MISCELLANEOUS TERMS
This Agreement shall be interpreted and governed in accordance with the laws of the Province of Ontario and the Federal Laws of Canada applicable therein without reference to conflict of law principles. This Agreement contains the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. We reserve the right, at any time, to change or modify the terms and conditions of this Agreement and such changes will become effective upon notification to You, which We may effect by sending you an e-mail or posting a revised Agreement on Our Web Site or Mobile Application. Your continued use of the Service after notification of such a change has been sent shall constitute notice of acceptance by You of such changes. No failure or delay by a party in exercising any right, power or privilege under this Agreement shall operate as a waiver thereof. The invalidity or unenforceability of any provision of the Agreement shall not affect the validity or enforceability of any other of the provisions of the Agreement, all of which shall remain in full force and effect. You agree that any cause of action arising out of or related to the Service or the Agreement must commence within one (1) year after the cause of action arose; otherwise it is permanently barred. All provisions regarding representations and warranties, indemnification, disclaimers, and limitations on liability shall survive the termination of this Agreement.