SoulGeek.com Terms of Service
TERMS OF SERVICE
You have found SoulGeek.Com, the premiere cyber home for Geek Dating. The SoulGeek service is for adults 18 years of age and over. The primary method of our service involves the combination of member profile searches and members receiving weekly e-mailed SoulGeek AutoScans based on individual profiles – all to facilitate communication and online meetings of members of the Science Fiction, Horror, Fantasy and Animation fan community. SoulGeek.com is a service of The SoulGeek Network, LLC. By using this whether a “Basic” or “Premium” member - you agree that you have read carefully, understand and agree to abide by the terms and conditions of this service agreement. This agreement is subject to change and amendment at anytime without notification to members, with all members agreeing to be bound by such changes and amendments effective upon posting. Should you disagree or object to any of the terms or policies set forth, do not use the services offered by this website or The SoulGeek Network, LLC.
By accessing this site you release The SoulGeek Network, LLC. from any and all risk, liability or obligation that may result from your use of SoulGeek Network, LLC. websites.
SoulGeek Network, LLC. websites are for Adults ONLY. Minors under 18 (eighteen) years of age may not become members. In becoming a member – Basic or Premium – you must warrant that you are at least 18 (eighteen) years of age. Membership is void where prohibited. Falsification of age constitutes a breech of agreement and will result in immediate membership termination.
MEMBERSHIP FEES, CANCELLATION & REFUNDS
Basic membership in SoulGeek.Com is free and entitles you to profile searches and the SoulGeek AutoScan, but does not entitle you to all other available services – including initiating contact with other members, participation in chat & forums, nor posting comments. Premium membership allows access to all services available and requires one of the following:
1. A one-time purchase for a specific block of time (3 months, 6 months, 12 months or 600 months).
2. The purchase of a recurring monthly subscription (automatically recurring in 30 day cycles from the initial sign-up date – membership downgrade is required to end recurring billing). Said fee will be set at the current advertised non-promotional fee for the life of a continuous membership. Subscription fees for Premium Membership may change from time to time, and will only affect new memberships. You may upgrade your membership status from Basic to Premium at anytime. You may also downgrade your membership status at anytime with the downgrade becoming effective immediately (to be known as the “Effective Downgrade Date”). Upon downgrading you acknowledge and accept the loss of Your Current Membership Rate. Access to all premium services including, but not limited to, initiating contact with other members, plus full participation chat, forums, and IM functions.
3. The purchasing of “Site Credits” which can be used piecemeal towards individual premium features.
Complete Refunds will be issued within 7 (seven) business days of a new premium membership provided that NONE of the SoulGeek.com premium services have been utilized. Otherwise refund requests for unused subscription fees for memberships cancelled in their entirety are at the sole discretion of the SoulGeek Network, LLC. on a case-to-case basis. If the SoulGeek Network, LLC. terminates your membership for breech of agreement, you will not be entitled to a refund of any unused subscription fee.
Either you or The SoulGeek Network, LLC. may terminate your membership in this or any other SoulGeek Network, LLC. website at anytime, without explanation, and for any reason. You may cancel your account in its entirety at any time for any reason. The SoulGeek Network, LLC. has reserved the right to suspend, or cancel any and all membership services and bar access to this or any other SoulGeek Network, LLC. site, without prior notification, upon any breech of this agreement by you, or while such breech is under investigation. If the SoulGeek Network, LLC. terminates your membership for breech of agreement, you will not be entitled to a refund of any unused subscription fee. Determination of account termination is done in the sole discretion of The SoulGeek Network, LLC. Even after such a termination this Terms of Service Agreement will remain in effect.
From time to time promotions are offered, which provide free or low-cost trial premium membership for a limited time to new members and or current members of SoulGeek.Com to other SoulGeek Network, LLC. sites. Such offers must be used by the specified free trial offer dates. Cancellation before the end of the free trial is required to avoid the charging of current membership fees. If your promotional premium membership period expires and you have not cancelled or downgraded your membership, then you will be billed at the current non-promotional rate for the membership type.
PROHIBITED USE BY MEMBERS
Sites of The SoulGeek Network, LLC. are exclusively for the personal use of its members, free or premium, and may not be used by, or in connection with, any commercial enterprise or endeavor. No company, organization, or business and/or business venture may use or become members of this or any site of The SoulGeek Network, LLC. for any purpose. Illegal and/or unauthorized use of this site, includes but is not limited to:
1. The sending of unsolicited commercial e-mail to site members.
2. Collecting usernames and/or e-mail addresses of site members, sending advertisements or solicitation to buy or sell any products or services to site members in any and all site areas, including but not limited to image galleries, chat, forums, blogs, fan-fic and profiles.
3. Falsely represent and/or impersonate any person including current or former members.
4. Unauthorized framing of or linking to this or any site of The SoulGeek Network, LLC.
5. The use of any means for the purpose of data mining.
6. The stalking or harassing of any person including current or former members.
7. Disrupt the services of The SoulGeek Network, LLC. and/or services connected to the operation of the sites of the SoulGeek Network, LLC.
Any such activities are strictly forbidden and will be investigated and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of this or any site of The SoulGeek Network, LLC. is done so with the exclusive permission of The SoulGeek Network, LLC. and may be revoked at any time for any reason.
The SoulGeek Network, LLC. DOES NOT IN ANY WAY SCREEN THE MEMBERS of this or any other site of The SoulGeek Network, LLC. Nor does The SoulGeek Network, LLC. act to verify ANY of the statements of its members, as well makes no warranties or representations as to the conduct of members. INTERACTION WITH OTHER MEMBERS IS SOLELY YOUR RESPONSIBILITY, including but not limited to meeting members in person.
THE SOULGEEK NETWORK, LLC. WILL NOT, UNDER ANY CIRCUMSTANCE, OR EVENT, IN ANY WAY WHATSOEVER, BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, GENERAL, INCIDENTAL, COMPENSATORY, CONSEQUENTIAL, AND/OR SPECIAL, ARISING OUT OF THE USE OF THIS SITE OR ANY SITE OR SERVICE OF THE SOULGEEK NETWORK, LLC. INCLUDED, WITHOUT LIMITATION, DAMAGES TO PROPERTY, PHYSICAL AND/OR BODILY INJURY, EMOTIONAL DISCOMFORT AND/OR DISTRESS. THIS APPLIES, WITHOUT EXCEPTION, TO YOU AND/OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE SERVICES OF THE SOULGEEK NETWORK, LLC., INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM INTERACTIONS WITH OTHER MEMBERS OR PERSONS MET THROUGH THE SERVICES OF THE SOULGEEK NETWORK, LLC., EITHER OFFLINE OR IN PERSON.
The information provided by members and made available through this and other sites of The SoulGeek Network, LLC. are neither controlled nor solicited by The SoulGeek Network, LLC. Should you find the content posted by other members to be offensive, inaccurate, deceptive and/or harmful, feel free to use our “Member Reports” feature and/or “Contact Us” page to submit a complaint. You are solely responsible for your interactions with other members so please exercise caution and common sense safety measures. As The SoulGeek Network, LLC. does not involve itself in interactions between members, should you have a dispute with any member or viewed postings of any member, you agree to release The SoulGeek Network, LLC. and its employees from claims, demands, damages – actual and consequential – of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. The SoulGeek Network, LLC. has no obligation to monitor disputes between members, though it reserves the right to do so.
CALIFORNIA CIVIL CODE 1542
California residents, this code states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his sentiment with the debtor.” If you are a California resident you agree to waive this Civil Code.
All disputes related to these Terms of Service and/or your use of the sites of the SoulGeek Network, LLC. shall be resolved by way of submission to binding arbitration in accordance with the rules of the American Arbitration Association. Arbitration shall take place solely in Los Angeles County, California - as such all parties shall submit exclusively to Los Angeles County, California for jurisdiction and be held under the governance of the laws of the State of California, without regard to conflict. All parties involved in the arbitration shall evenly divide any and all arbitration costs and neither party shall be entitled to attorney fees.
The SoulGeek Network, LLC. inclusively and exclusively owns any and all proprietary rights of SoulGeek.com. SoulGeek.Com (including its licensees and licensors) contains copyrighted material, trademarks, and other SoulGeek Network, LLC. proprietary information. The copying, publishing, transmitting, performing, modifying, distributing, selling or displaying, of any such proprietary information is strictly forbidden. Exceptions include but are not limited to:
1. Information/Material for which you have been given expressed documented permission.
2. Information/Material which is in public domain.
The SoulGeek Network, LLC. acknowledges the possibility that members may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted without the knowledge of The SoulGeek Network, LLC. at their own risk. If you believe that material, in which you are the copyright holder, has been posted without your permission, notify us immediately via the “Contact Us” Page.
You are solely responsible for the content that you post on the service, or transmit to other members.
You will not provide inaccurate, misleading or false information to The SoulGeek Network, LLC. or to any fellow member. You will promptly notify The SoulGeek Network, LLC. of any changes should information provided to The SoulGeek Network, LLC. or another member, subsequently becomes inaccurate, misleading or false.
As a member, either Basic or Premium, you grant to The SoulGeek Network, LLC. the automatic right and permission to use in any way, including but not limited to displaying, reproducing, adapting, distributing and modifying of any content posted to any public area. Such granted rights are irrevocable, non-exclusive, and worldwide. Further, The SoulGeek Network, LLC. may use such posted content for incorporation into other works or prepare derivative works. You authorize and grant these rights in perpetuity and shall not expect nor receive any monetary compensation.
You further represent and warrant that public posting and use of your content by The SoulGeek Network, LLC. will not infringe or violate the rights of any third party.
You understand and agree that The SoulGeek Network, LLC. may monitor, review and delete any content, messages, internal member e-mails, photos, profiles, community postings (chat, forums and/or blogs), or fan-fic (collectively, “content”), that in the sole judgment of The SoulGeek Network, LLC. violates this agreement or which might be offensive, illegal, or that might violate the rights, harm or threaten the safety of members.
You will not post on this site or send to other members by any means, any content that infringes or violates another member’s and/or party or party’s rights (including, but not limited to, publicity rights, intellectual property rights, and rights of privacy). As well as any material that is clearly, plainly and obviously deemed to be:
Content that is Illegal or prohibited on the websites of The SoulGeek Network, LLC. include, but are not limited to:
1. Content that is clearly, plainly, and obviously offensive, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
2. Content that harasses and/or advocates the harassment of another person, persons, group or organization.
3. Content that involves the sending of junk mail, chain letters, or spamming, or unsolicited mass mailing.
4. Content that promotes information that you know to be false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; such as providing pirated software or links to them, providing information to circumvent manufacture installed copy protection devices, or providing pirated images, audio or video, or links to pirated images, audio or video files.
5. Content that contains restricted or password protected access pages, or hidden pages or images such as those not linked to Subscription fees for Premium Membership may change from time to time or from another accessible page.
6. Content that Provides material that exploits people under the age of 18 (eighteen) in a sexual or violent manner, or solicits personal information from anyone under the age of 18 (eighteen).
7. Content that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses.
8. Content that solicits Passwords or personal identifying information for commercial or unlawful purposes from other users or members.
9. Content that engages in commercial activities and/or sales without the expressed written permission of The SoulGeek Network, LLC. such as contests, sweepstakes, barter, advertising, and pyramid schemes.
The SoulGeek Network, LLC. reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending content and terminating the membership of members who commit such violations without refund – as well the investigating and pursuing of appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress, against those who post such content should said posting be deemed libelous or damaging to The SoulGeek Network, LLC. its affiliates or employees.
ADVERTISMENT/PROMOTIONS ACCEPTENCE POLICIES
The SoulGeek Network, LLC. has a strict, NO ADULT CONTENT ADVERTISEMENT POLICY. Therefore we DO NOT ACCEPT advertisement from sites and/or companies that feature SEXUALLY EXPLICIT CONTENT.
The SoulGeek Network, LLC. has a strict, NO SCAMMERS ADVERTISEMENT POLICY. Therefore we DO NOT ACCEPT advertisement from sites or companies peddling MLM schemes, GET RICH QUICK gimmicks, etc…
The SoulGeek Network, LLC. has a strict, NO POLITICS, NO RELIGION ADVERTISEMENT POLICY. As Political and Religious organizations have equally vocal supporters AND detractors, the SoulGeek Network, LLC. CANNOT ALLOW advertising on our site that in any way gives the impression of and/or suggests that the SoulGeek Network, LLC. endorses any particular Political and/or Religious viewpoint. As such, advertisements or promotions for products and/or services connected to Religious or Political Organizations will not be accepted. As well, products and/or services created by individuals widely known for a strong connection to a Religious or Political Organization will not be accepted.
The above policies are strictly enforced.
Any advertisement that appears on our site in violation of these policies will be CANCELLED and the advertiser will be BANNED. No Exceptions.
We at the SoulGeek Network, LLC. reserve the right to change, and/or modify these Advertisement/Promotions Acceptance Policies at any time without notice.
The SoulGeek Network, LLC. including its officers, directors, agents, subsidiaries and employees are not responsible for any incorrect or inaccurate content posted on the this site and/or the sites of The SoulGeek Network, LLC. or in connection with the service provided, whether caused by users, members or by any of the equipment or programming associated with or utilized in the service, nor the conduct of any user and/or member of the services of The SoulGeek Network, LLC. whether online or offline.
The SoulGeek Network, LLC. assumes no responsibility for any defect, delay, deletion, error, omission or interruption in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user and/or member communications. The SoulGeek Network, LLC. is 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 e-mail on account of technical problems or traffic congestion on the internet or at any website or combination thereof, including injury or damage to users and/or members or to any other persons computer related to or resulting from participating or downloading materials in connection with the sites of The SoulGeek Network, LLC. and/or in connection with the services of this site or the sites of The SoulGeek Network, LLC.
Under no circumstances will The SoulGeek Network, LLC. be responsible for any loss or damage resulting from anyone’s use of the sites of The SoulGeek Network, LLC. or the services and/or any content posted on this site or the sites of The SoulGeek Network, LLC. or transmitted to members of SoulGeek Network, LLC. sites. The site and the service are provided “AS-IS” and The SoulGeek Network, LLC. expressly disclaims any warrantee of fitness for a particular purpose or non-infringement. The SoulGeek Network, LLC. cannot guarantee and does not promise any specific results from use of this or any site of The SoulGeek Network, LLC. and/or the services of The SoulGeek Network, LLC.
The SoulGeek Network, LLC. reserves the right and sole discretion to block Members, past or present, from certain IP addresses from accessing this website and/or any of the websites of The SoulGeek Network, LLC. at any time, for the protection of the services of The SoulGeek Network, LLC.
LIMITATIONS ON LIABILITY
Excepting jurisdictions where such provisions are restricted (in such event liability is disclaimed to the fullest extent permitted by law), in no event will The SoulGeek Network, LLC. be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also claims of lost profits arising from the use of the sites or services of The SoulGeek Network, LLC. even if The SoulGeek Network, LLC. has been advised of the possibility of such damages. You further agree to hold The SoulGeek Network, LLC. including its officers, directors, agents, subsidiaries and employees harmless for claims arising in the event that any member’s past or present profile, blog, photo gallery and multi-media ultimately proves to be offensive, harmful, inaccurate and/or deceptive. Notwithstanding anything to the contrary contained herein, The SoulGeek Network, LLC.’s liability to you for any cause whatsoever, and regardless of the form of action, will at all times be limited to the amount paid, if any, by you to The SoulGeek Network, LLC. for the service during the term of membership.
The SoulGeek Network, LLC. (or third parties) may provide, links to other websites. As The SoulGeek Network, LLC. has no control over such sites, you understand, acknowledge and agree that The SoulGeek Network, LLC. is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites. You further understand, acknowledge and agree that The SoulGeek Network, LLC. shall not be responsible or liable, directly or indirectly, for any damages or loss caused or alleged to be caused by or in connection with the reliance of and/or upon, or use of, any content, services or goods made available on or through any such sites.
U.S. EXPORT CONTROLS
Software from this site is further subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
INDEMNITY (MEMBER OR OTHERWISE)
All persons and/or members past or present agree to indemnify and hold The SoulGeek Network, LLC., its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the service and/or sites of The SoulGeek Network, LLC. in violation of this Agreement and/or arising from a breach of these Terms of Service and/or any breach of your representations and warranties set forth above.
The SoulGeek Network, LLC. reserves the right to modify or discontinue, temporarily or permanently, the services (or any part thereof) of The SoulGeek Network, LLC. with or without notice at any time. You agree that The SoulGeek Network, LLC. shall not be liable to you or to any third party for any suspension, modification and/or discontinuing of the services of The SoulGeek Network, LLC.
Except as otherwise expressly provided in this Terms of Service Agreement, You agree that there shall be no third party beneficiaries to this Agreement.
This Terms of Service Agreement contains the entire agreement between you and The SoulGeek Network, LLC. regarding the use of this website and/or the services or The SoulGeek Network, LLC. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
If you have any questions regarding this Terms of Service agreement please contact us through our “Contact Us” page.