TERMS OF SERVICE
You have found SoulGeek.Com, the premium cyber home for adult (18 years of age and over) members of the Science Fiction, Horror, Fantasy and Animation fan community to communicate and meet each other online. SoulGeek.com is a service of The Soul Geek Network. By using this and other sites of The Soul Geek Network – 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 Soul Geek Network.
By accessing this site you release The Soul Geek Network from any and all risk, liability or obligation that may result from your use of Soul Geek Network websites.
Soul Geek Network 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.
Basic membership in SoulGeek.Com is free but does not entitle you to all available services – including initiating contact with other members, participation in chat & forums, posting blogs & fan-fic, and use of your own image galleries. Premium membership allows access to all services available and requires a recurring monthly subscription fee. 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 effect 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:
b)
Access to all premium services including, but not limited to, initiating contact with other members, plus access to your image gallery, blogs, chat, forums, IM functions and fan-fic pages.
Blogs, fan-fic, and image galleries belonging to downgraded memberships shall be blocked from view by all members effective immediately. Blogs, fan-fic, and media galleries belonging to downgraded memberships shall be deleted and deemed unrecoverable no less than 30 (thirty) days from the Effective Downgrade Date, unless the member chooses to renew Premium membership at the then current advertised non-promotional rate within that 30 (thirty) day period.
Complete Refunds will be issued within 7 (seven) 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 Soul Geek Network on a case-to-case basis. If the Soul Geek Network terminates your membership for breech of agreement, you will not be entitled to a refund of any unused subscription fee.
Either you or The Soul Geek Network may terminate your membership in this or any other Soul Geek Network website at anytime, without explanation, and for any reason. You may cancel your account in its entirety at any time for any reason by electronic request via our “Contact Us” page. The Soul Geek Network has reserved the right to suspend, or cancel any and all membership services and bar access to this or any other Soul Geek Network site, without prior notification, upon any breech of this agreement by you, or while such breech is under investigation. If the Soul Geek Network 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 Soul Geek Network. 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 Soul Geek Network 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 monthly rate for single or multiple site premium membership at the current non-promotional rate.
Sites of The Soul Geek Network 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 Soul Geek Network for any purpose. Illegal and/or unauthorized use of this site, includes but is not limited to:
| a) | The sending of unsolicited commercial e-mail to site members. |
| b) | 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. |
| c) | Falsely represent and/or impersonate any person including current or former members. |
| d) | Unauthorized framing of or linking to this or any site of The Soul Geek Network. |
| e) | The use of any means for the purpose of data mining. |
| f) | The stalking or harassing of any person including current or former members. |
| d) | Disrupt the services of The Soul Geek Network and/or services connected to the operation of the sites of the Soul Geek Network. |
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 Soul Geek Network is done so with the exclusive permission of The Soul Geek Network and may be revoked at any time for any reason.
The Soul Geek Network DOES NOT IN ANY WAY SCREEN THE MEMBERS of this or any other site of The Soul Geek Network. Nor does The Soul Geek Network 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 SOUL GEEK NETWORK 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 SOUL GEEK NETWORK. 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 SOUL GEEK NETWORK, INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM INTERACTIONS WITH OTHER MEMBERS OR PERSONS MET THROUGH THE SERVICES OF THE SOUL GEEK NETWORK, EITHER OFFLINE OR IN PERSON.
The information provided by members and made available through this and other sites of The Soul Geek Network are neither controlled nor solicited by The Soul Geek Network. Should you find the content posted by other members to be offensive, inaccurate, deceptive and/or harmful, feel free to use our “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 Soul Geek Network 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 Soul Geek Network 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 Soul Geek Network has no obligation to monitor disputes between members, though it reserves the right to do so.
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 Soul Geek Network 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 Soul Geek Network 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 Soul Geek Network 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:
The Soul Geek Network allows the posting of Fan-fic only with disclaimers acknowledging original ownership rights. Otherwise it is possible that members may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted without the knowledge of The Soul Geek Network 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 will not provide inaccurate, misleading or false information to The Soul Geek Network or to any fellow member. You will promptly notify The Soul Geek Network of any changes should information provided to The Soul Geek Network, or another member, subsequently becomes inaccurate, misleading or false.
As a member, either Basic or Premium, you grant to The Soul Geek Network 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. Excepting Fan-Fic based on copy written material. Such granted rights are irrevocable, non-exclusive, and worldwide. Further, The Soul Geek Network 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 understand and agree that The Soul Geek Network 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 Soul Geek Network 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:
Abusive
Offensive
Obscene
Profane
Defamatory
Threatening
Harassing
Racially Offensive
Inaccurate
Illegal
| a) | 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. |
| b) | Content that harasses and/or advocates the harassment of another person, persons, group or organization. |
| c) | Content that involves the sending of junk mail, chain letters, or spamming, or unsolicited mass mailing.. |
| d) | 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. |
| e) | 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. |
| f) | 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). |
| g) | 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. |
| h) | Content that solicits Passwords or personal identifying information for commercial or unlawful purposes from other users or members. |
| i) | Content that engages in commercial activities and/or sales without the expressed written permission of The Soul Geek Network such as contests, sweepstakes, barter, advertising, and pyramid schemes. |
The Soul Geek Network 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 Soul Geek Network, it’s affiliates or employees.
Use of this Website and/or the Websites of the Soul Geek Network, are also governed by our Privacy Policy.
| ADVERTISMENT/PROMOTIONS ACCEPTENCE POLICIES | |
| The SoulGeek Network 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 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 has a strict, NO POLITICS, NO RELIGION ADVERTISEMENT POLICY | |
| As Political and Religious organizations have equally vocal supporters AND detractors, the SoulGeek Network CANNOT ALLOW advertising on our site that in any way gives the impression of and/or suggests that the SoulGeek Network 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 reserve the right to change, and/or modify these Advertisement/Promotions Acceptance Policies at any time without notice. | |
The Soul Geek Network 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 Soul Geek Network 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 Soul Geek Network whether online or offline.
The Soul Geek Network 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 Soul Geek Network 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 or players 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 Soul Geek Network and/or in connection with the services of this site or the sites of The Soul Geek Network.
Under no circumstances will The Soul Geek Network be responsible for any loss or damage resulting from anyone’s use of the sites of The Soul Geek Network or the services and/or any content posted on this site or the sites of The Soul Geek Network or transmitted to members of Soul Geek Network sites. The site and the service are provided “AS-IS” and The Soul Geek Network expressly disclaims any warrantee of fitness for a particular purpose or non-infringement. The Soul Geek Network cannot guarantee and does not promise any specific results from use of this or any site of The Soul Geek Network and/or the services of The Soul Geek Network.
The Soul Geek Network 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 Soul Geek Network at any time, for the protection of the services of The Soul Geek Network.
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 Soul Geek Network 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 Soul Geek Network, even if The Soul Geek Network has been advised of the possibility of such damages. You further agree to hold The Soul Geek Network, including its officers, directors, agents, subsidiaries and employees harmless for claims arising in the event that any member’s past or present profile, blog, fan-fic, or image galleries ultimately proves to be offensive, harmful, inaccurate and/or deceptive. Notwithstanding anything to the contrary contained herein, The Soul Geek Network’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 Soul Geek Network for the service during the term of membership.
The Soul Geek Network (or third parties) may provide, links to other websites. As The Soul Geek Network has no control over such sites, you understand, acknowledge and agree that The Soul Geek Network 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 Soul Geek Network 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.
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.
All persons and/or members past or present agree to indemnify and hold The Soul Geek Network, 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 Soul Geek Network 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 Soul Geek Network reserves the right to modify or discontinue, temporarily or permanently, the services (or any part thereof) of The Soul Geek Network with or without notice at any time. You agree that The Soul Geek Network shall not be liable to you or to any third party for any suspension, modification and/or discontinuing of the services of The Soul Geek Network.
This Terms of Service Agreement contains the entire agreement between you and The Soul Geek Network regarding the use of this website and/or the services or The Soul Geek Network. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.