- ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF
SERVICE:
The services offered at www.getitinyoursoul.net ("www.getitinyoursoul.net"
or "Site"), and any sub domains, are provided to you
under the terms and conditions of this
www.getitinyoursoul.net
Terms of Service ("Terms of Service"), and any
operating rules or policies that may be published by
www.getitinyoursoul.net at the URL:
www.getitinyoursoul.net (the "Service").
The Terms of Service comprises the entire agreement
between you and www.getitinyoursoul.net and supersedes all prior
agreements between the parties regarding the subject
matter contained herein. BY COMPLETING THE
REGISTRATION PROCESS, OR USING
www.getitinyoursoul.net, USER
AGREES TO BE BOUND BY ALL OF THE TERMS AND
CONDITIONS HEREIN. You may continue to use
www.getitinyoursoul.net as long as you adhere to these Terms of
Service.
- SERVICES VOID WHERE PROHIBITED:
Use of the Services is void where prohibited. By
using this Service, you represent and warrant that
you have the right, authority, and capacity to enter
into this Agreement and to abide by all the Terms
and Conditions of this Agreement.
- REGISTRATION:
You are required to register with
www.getitinyoursoul.net if you
want to write a review, create profiles of gift
recipients, create and access your reminders, and
view and edit your profile. In order to register
with www.getitinyoursoul.net you must supply a valid email
address, which will be used as a unique identifier
for your account, and a password.
- LIMITATION OF LIABILITY: BY USING
www.getitinyoursoul.net, YOU AGREE AND UNDERSTAND THAT INJURIES
AND DAMAGES CAN OCCUR BY THE USE OF SUCH PRODUCTS,
EITHER AS A RESULT OF NEGLIGENCE OR BECAUSE OF OTHER
REASONS. NOTWITHSTANDING ANYTHING TO THE CONTRARY
HEREIN, TO THE FULLEST EXTENT ALLOWED BY LAW, YOU
AGREE TO WAIVE AND DISCHARGE ALL CLAIMS, RELEASE
www.getitinyoursoul.net FROM ALL LIABILITY AND INDEMNIFY AND
HOLD HARMLESS www.getitinyoursoul.net, ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, AGENTS, AND OTHER PARTNERS AND
EMPLOYEES, FROM ANY AND ALL LIABILITY ON ACCOUNT OF,
OR IN ANY WAY RESULTING FROM INJURIES AND DAMAGES IN
ANY WAY CONNECTED WITH ANY PRODUCTS PURCHASED BY WAY
OF USING THE www.getitinyoursoul.net WEBSITE. YOU AGREE AND
UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK
AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS,
EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS, AND
INCLUDES ANY MINORS ACCOMPANYING USER AT THE EVENTS.
- CONTENT: You are solely responsible for
any data, text, graphics, messages, or other
materials ("Content") which is transmitted, posted,
or distributed by you through the Service, including
but not limited to the contents of your information
or reviews. All Content posted by you is your sole
responsibility. www.getitinyoursoul.net does not control the
Content posted by users such as yourself via the
Service and, as such, does not guarantee the
accuracy, integrity or quality of such Content.
Under no circumstances will www.getitinyoursoul.net be liable in
any way for any Content posted by any user or third
party, including, but not limited to, liability for
any errors or omissions in any Content or for any
loss or damage of any kind incurred as a result of
the use of any Content posted via the Service.
Subject to the terms of www.getitinyoursoul.net's Privacy
Policy, you agree if you post any Content on the
www.getitinyoursoul.net Site, you grant to
www.getitinyoursoul.net, and its
successors and assigns, a non-exclusive, worldwide,
royalty-free, perpetual, non-revocable license, in
and to the Content, to distribute, display, modify,
redistribute, sublicense and reproduce such Content
to other users of the Service and to third parties
with whom www.getitinyoursoul.net has a relationship. You also
grant www.getitinyoursoul.net the right to authorize the
downloading and printing in whole or in part of any
Content that you post to the www.getitinyoursoul.net Service.
- COPYRIGHT POLICY/INFRINGING MATERIAL. You
may not post, distribute, or reproduce in any way
any copyrighted material, trademarks, or other
proprietary information owned or controlled by
someone else without obtaining the prior written
consent of the owner of such proprietary rights.
Without limiting the foregoing, if you believe that
your work has been copied and posted on the
www.getitinyoursoul.net Service without your permission or in
any way that constitutes copyright infringement,
please provide www.getitinyoursoul.net with the following
information: a description of the copyrighted work
that you claim has been infringed; a description of
where the material you claim is infringing is
located on the www.getitinyoursoul.net Service; your address,
telephone number, and email address; and a written
statement by you stating that you have a good faith
belief that the disputed use is not authorized by
you, your agent, or the law; and a statement by you,
made under penalty of perjury, that you own the
claimed infringing material together with any
evidence of such ownership. Please contact
www.getitinyoursoul.net at the following address:
8360 Xylon Circle, Bloomington, MN 55438
- NO "SPAMMING": You must not use any
feature of the www.getitinyoursoul.net Service for chain
letters, junk mail, or "Spamming" nor make any use
of the distribution lists in a manner involving any
person who has not given specific permission to be
included in such a process. An email advertisement
which is (a) addressed to a recipient with whom you
do not have an existing business or personal
relationship and (b) is not sent at the request of
or with the express consent of the recipient to
receive such communications from you ("Spam" or
"Spamming") is strictly prohibited by
www.getitinyoursoul.net.
If you use any feature of the
www.getitinyoursoul.net Service
for the purpose of sending Spam,
www.getitinyoursoul.net
reserves the right to immediately terminate your
access to the www.getitinyoursoul.net Service and to seek
appropriate legal recourse as necessary. If you
believe that other users are using the
www.getitinyoursoul.net
Service for Spam, please notify
www.getitinyoursoul.net using
the Report Abuse form that is available by clicking
the "Report Abuse" link under a user's product
review.
- NOTICES: www.getitinyoursoul.net may give notice to
you by e-mail, a posting on the Site, or other
reasonable means. You must give notice to
www.getitinyoursoul.net in writing via e-mail or as otherwise
expressly provided by www.getitinyoursoul.net.
www.getitinyoursoul.net may
broadcast, distribute or display notices or messages
through the www.getitinyoursoul.net Service to inform you of
changes to the TERMS OF SERVICE, the Service, the
Privacy Policy or other matters of importance. Such
broadcast, distributions or displays of information
shall constitute notice to you.
- PRIVACY POLICY: It is
www.getitinyoursoul.net's
policy to respect the privacy of its users.
www.getitinyoursoul.net's policies with regard to Personally
Identifiable Information it collects from you, what
information third parties affiliated with
www.getitinyoursoul.net collect from you and how that
information is used is governed by the
www.getitinyoursoul.net
Privacy Policy, which you can access here: Privacy
Policy.<<LINK>>
- SECURITY: You are solely responsible for
maintaining the confidentiality of your password and
account, and for any and all activities that occur
under your account. You may change your password or
any other account information at any time by going
to your My Account page once you have logged in. You
may also set up a new account at your convenience.
You agree to notify www.getitinyoursoul.net immediately of any
unauthorized use of your account or any other breach
of security known to you. You must promptly inform
www.getitinyoursoul.net of actual or apparent breaches of
security, such as loss, theft, or authorized
disclosure or use of a user account or password.
Until www.getitinyoursoul.net is notified of a breach in
security, you will remain liable for any
unauthorized use of the www.getitinyoursoul.net Service through
your account. In consideration for using the
www.getitinyoursoul.net Service, you agree to: (1) provide
certain current, complete, and accurate information
about you when prompted to do so by the Service, and
(2) maintain and update this information as required
to keep it current, complete and accurate. If any
information provided by you during your original
registration or in your My Account is inaccurate,
www.getitinyoursoul.net reserves the right to terminate your
account immediately and your right to use the
www.getitinyoursoul.net Service.
- NO RESALE OR COMMERCIAL USE, ABUSE OF THE
SERVICE: Your right to use the
www.getitinyoursoul.net
Service is personal to you. You agree not to resell
or make any commercial use of the
www.getitinyoursoul.net
Service without the express consent of
www.getitinyoursoul.net.
You may not create bots or other computer generated
automatic tools to abuse the www.getitinyoursoul.net Service in
any manner. Use that constitutes abuse shall be
determined by www.getitinyoursoul.net in its sole discretion.
www.getitinyoursoul.net reserves the right to terminate your
account if www.getitinyoursoul.net determines you have not
complied with these Terms of Service.
- USER CONDUCT: www.getitinyoursoul.net reserves the
right, but does not assume the responsibility, to
monitor or review your conduct on the
www.getitinyoursoul.net
Site. Your use of the www.getitinyoursoul.net Service is subject
to all applicable local, state, national and
international laws and regulations.
In using the www.getitinyoursoul.net Service you agree not to:
*Use the www.getitinyoursoul.net Service for illegal purposes;
*Interfere or disrupt networks connected to the
www.getitinyoursoul.net Service or violate the regulations,
policies or procedures of such networks;
*Use the www.getitinyoursoul.net Service in connection with
chain letters, junk mail, surveys, contests, pyramid
schemes, or use any distribution lists including any
person who has not given specific permission to be
included in such a process (commercial or
otherwise);
*Harvest or otherwise collect information about
other users, including e-mail addresses, without
their consent;
*Transmit through the www.getitinyoursoul.net Service any
unlawful, harassing, defamatory, abusive,
threatening, harmful, vulgar, obscene, sexually
explicit, or otherwise objectionable material of any
kind or nature;
*Invade another's privacy or violate rights of
publicity or intellectual property rights (including
but not limited to copyright, trademark and patent
rights) while using the www.getitinyoursoul.net Service;
*Transmit through the www.getitinyoursoul.net Service any
material that encourages conduct that could
constitute a criminal offense, give rise to civil
liability or otherwise violate any applicable local,
state, national or international law or regulation;
*Interfere with another User's use and enjoyment of
the www.getitinyoursoul.net Service;
*Defame, abuse, harass, stalk, threaten or violate
the legal rights (such as rights of privacy and
publicity) of any other user;
*Create a false identity for the purpose of
misleading others as to your identity or the origin
of a message;
*Use, download or otherwise copy, or provide
(whether or not for a fee) to a person or entity
that is not a user of the www.getitinyoursoul.net Service any
directory of www.getitinyoursoul.net's users or usage
information or any portion thereof other than in the
context of your use of the Service as permitted
under these Terms of Service;
*Transmit or upload any material that contains
viruses, trojan horses, worms, time bombs,
cancelbots, or any other harmful or deleterious
programs;
*Attempt to gain unauthorized access to the Service,
other accounts, computer systems or networks
connected to the Service, through password mining or
any other means; or
*Engage in any other conduct which, in
www.getitinyoursoul.net's
sole discretion, is considered inappropriate,
unauthorized or objectionable.
- INDEMNIFICATION: You agree to indemnify
and hold www.getitinyoursoul.net, its parent, subsidiary,
affiliate, officers, employees, agents, directors,
successors and assigns harmless from any claim or
demand, including reasonable attorneys' fees, made
by any third party due to or arising out of your use
of the www.getitinyoursoul.net Service, the violation of these
Terms of Service by you, the infringement by you (or
other user of the Service using your account) of any
intellectual property or other right of any person
or entity or violation of any federal, state or
local law or regulation.
- TERMINATION: You may terminate your
participation in the www.getitinyoursoul.net Service with or
without cause at any time and effective immediately.
www.getitinyoursoul.net may terminate the
www.getitinyoursoul.net Service or
your use of the Service with or without cause at any
time and effective immediately, at
www.getitinyoursoul.net's
sole discretion, by immediate termination of your
use of the www.getitinyoursoul.net Service should your conduct
fail to conform to the terms and conditions of these
Terms of Service. www.getitinyoursoul.net shall not be liable to
you or any third party for termination of the
www.getitinyoursoul.net Service or termination of your use of
the www.getitinyoursoul.net Service. Should you object to any
terms and conditions of the Terms of Service or any
subsequent modifications www.getitinyoursoul.net makes to the
Terms of Service or become dissatisfied with the
www.getitinyoursoul.net Service in any way, your only recourse
is to immediately: (1) discontinue use of the
www.getitinyoursoul.net Service; and (2) notify
www.getitinyoursoul.net of
your termination and, at your discretion, notify
www.getitinyoursoul.net of the reasons for your termination.
Upon termination of your use of the
www.getitinyoursoul.net
Service, your right to use the
www.getitinyoursoul.net Service
shall cease immediately. You shall have no right and
www.getitinyoursoul.net will have no obligation thereafter to
forward any unread or unsent messages to your or any
third party on your behalf. Sections 2, 5, 6, 7, 10,
11, 14, 15, 16, 19, 20 and 21 shall survive
termination of the Terms of Service.
- TRANSACTIONS WITH ORGANIZATIONS OR
INDIVIDUALS. www.getitinyoursoul.net shall not be liable for
your interactions with any merchants, retailers
and/or individuals found on or through the
www.getitinyoursoul.net Service. This includes, but is not
limited to, payment and delivery of goods and
services, and any other terms, conditions,
warranties or representations associated with such
dealings. These dealings are solely between you and
such merchants, retailers and/or individuals.
www.getitinyoursoul.net is under no obligation to become
involved in disputes between participants on the
www.getitinyoursoul.net Service, or between participants on the
www.getitinyoursoul.net Service and any third party.
- LINKS TO THIRD PARTY SITES. Any web sites
that are accessible via links included within the
www.getitinyoursoul.net Service that take you out of the
www.getitinyoursoul.net Service are not under
www.getitinyoursoul.net's
control and www.getitinyoursoul.net shall not be responsible for
the content, products or services of any linked
website. All such websites shall be subject to the
policies and procedures of the owner of such
websites. We encourage you to read those policies
and know your rights under any web site you visit.
- VIOLATION OF TERMS BY OTHER USERS:
www.getitinyoursoul.net asks that you participate in ensuring
that all users follow the terms of these Terms of
Service by reporting any user reviews or other
postings or messages that violate these terms. To
report a violation of these Terms of Service, please
email us at
info@getitinyoursoul.net.
- DISCLAIMER OF WARRANTIES: YOU EXPRESSLY
AGREE THAT YOUR USE OF THE www.getitinyoursoul.net SERVICE IS AT
YOUR SOLE RISK. THE www.getitinyoursoul.net SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS.
www.getitinyoursoul.net
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. www.getitinyoursoul.net MAKES NO WARRANTY
THAT ITS SERVICE WILL MEET YOUR REQUIREMENTS, OR
THAT ITS SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR FREE. www.getitinyoursoul.net MAKES NO WARRANTY
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE
OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY
OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR
THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU
ACKNOWLEDGE THAT www.getitinyoursoul.net DOES NOT CONTROL
CONTENT, INFORMATION, PRODUCTS OR SERVICES OFFERED
BY ADVERTISERS, THIRD PARTIES OR OTHER USERS ON OR
THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO
INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY
LICENSE TO www.getitinyoursoul.net FROM THIRD PARTIES OR CONTENT
PROVIDED BY OTHER USERS. www.getitinyoursoul.net ASSUMES NO
RESPONSIBILITY FOR AND MAKES NO WARRANTY OR
REPRESENTATION AS TO THE ACCURACY, CURRENCY,
COMPLETENESS, RELIABILITY, USEFULNESS OR DECENCY OF
CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY
THIRD PARTIES (INCLUDING BUT NOT LIMITED TO
ADVERTISERS AND USERS) THROUGH THE
www.getitinyoursoul.net
SERVICE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM YOUR ATTEMPT TO DOWNLOAD ANY MATERIAL
FROM THE www.getitinyoursoul.net SERVICE.
www.getitinyoursoul.net MAKES NO
WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED
OR OBTAINED THROUGH ITS SERVICE OR ANY TRANSACTIONS
ENTERED INTO THROUGH ITS SERVICE. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM www.getitinyoursoul.net OR THROUGH THE
www.getitinyoursoul.net
SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE
HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES, THEREFORE SOME OF
THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
- LIMITATION OF LIABILITY:
www.getitinyoursoul.net
SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT
LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR
OTHER INTANGIBLES, EVEN IF www.getitinyoursoul.net HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
RESULTING FROM THE (I) USE OR THE INABILITY TO USE
THE SERVICE; (II) COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES; (III) ANY GOODS OR SERVICES
PURCHASED OR OBTAINED OR CONTENT RECEIVED OR
TRANSACTIONS ENTERED INTO WITH
www.getitinyoursoul.net OR A
THIRD PARTY THROUGH THE USE OF THE
www.getitinyoursoul.net
SERVICE; (IV) OR UNAUTHORIZED ACCESS TO YOUR ACCOUNT
OR ALTERATION OF YOUR ACCOUNT OR DATA. YOU
SPECIFICALLY AGREE THAT www.getitinyoursoul.net IS NOT
RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY
UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE,
THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY
EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OR
SPEECH OF ANY OTHER PARTY ON OR THROUGH THE
www.getitinyoursoul.net SERVICE, OR FOR ANY INFRINGEMENT OR
VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY,
INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY
RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO SOME USERS.
- GENERAL PROVISIONS: These Terms of
Service shall be governed by and construed in
accordance with the laws of the state of Minnesota,
excluding its conflict of laws provisions. You agree
to submit to the exclusive jurisdiction of the
courts of the State of Minnesota, provided, however,
that www.getitinyoursoul.net, in its sole discretion, may elect
to settle any litigation in any way arising out of
or relating to these Terms of Service through
binding arbitration in accordance with the
commercial arbitration rules of the American
Arbitration Association. Any such arbitration shall
be conducted in Bloomington, Minnesota, and judgment on
the arbitration award may be entered into in any
court having jurisdiction thereof. If any
provision(s) of these Terms of Service is held by a
court of competent jurisdiction to be contrary to
law, then such provision(s) shall be construed, as
nearly as possible, to reflect the intentions of the
parties with the other provisions remaining in full
force and effect. www.getitinyoursoul.net's failure to exercise
or enforce any right or provision of these Terms of
Service shall not constitute a waiver of such right
or provision unless acknowledged and agreed to by
www.getitinyoursoul.net in writing. User and
www.getitinyoursoul.net agree
that any lawsuit arising out of or related to this
Service must commence within one (1) year after the
cause of action arises; otherwise, such cause of
action is permanently barred. The section titles in
these Terms of Service are solely used for the
convenience of the parties and have no legal or
contractual significance.
- MODIFICATIONS TO THE SERVICE AND TO TERMS OF
SERVICE: www.getitinyoursoul.net reserves the right to
modify or discontinue the www.getitinyoursoul.net Service with
or without notice to you. www.getitinyoursoul.net shall not be
liable to you if www.getitinyoursoul.net modifies or
discontinues its Service. www.getitinyoursoul.net may change the
terms and conditions of the Terms of Service at any
time in its sole discretion. In the event of any
material or substantial change in the terms and
conditions of these Terms of Service,
www.getitinyoursoul.net
may notify you via e-mail, and/or by posting an
announcement of the changes together with a link to
the new Terms of Service on the
www.getitinyoursoul.net Service.
By using the www.getitinyoursoul.net Service after any change in
the Terms of Service you acknowledge and accept
changes to the Terms of Service.
This Terms of Service was last updated on
March 1, 2008.
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