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Terms of Use
Last Updated and Effective July 23, 2009
Terms of Use Agreement for TwoSoulsAsOne.com
The terms “TwoSoulsAsOne”, “TwoSoulsAsOne.com”, or "we" throughout this document
refer to the entity or entities that own and are responsible for TwoSoulsAsOne.com.
The Services offered by ("TwoSoulsAsOne.com", "TwoSoulsAsOne", or "we") include
the Website (the "Website"), and any features, content, or applications offered
from time to time by TwoSoulsAsOne.com in connection with the Website (collectively,
the "Services").
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for
your use of the Services. By using the Services, you agree to be bound by this Agreement,
whether you are a "Visitor" (which means that you simply browse the Website) or
you are a "Member" (which means that you have registered with TwoSoulsAsOne.com).
The term "User" refers to a Visitor or a Member. You are only authorized to use
the Services (regardless of whether your access or use is intended) if you agree
to abide by all applicable laws and to this Agreement. Please read this Agreement
carefully and save it. If you do not agree with it, you should leave the Website
and discontinue use of the Services immediately. If you wish to become a Member,
communicate with other Members and make use of the Services, you must read this
Agreement and indicate your acceptance at the end of this document before proceeding
to the Registration process.
This Agreement includes TwoSoulsAsOne.com 's policy for acceptable use of the Services
and Content posted on the Website, your rights, obligations and restrictions regarding
your use of the Services and TwoSoulsAsOne.com's Privacy Policy.
TwoSoulsAsOne.com may modify this Agreement from time to time and such modification
shall be effective upon updating this document which is linked from the Website.
You agree to be bound to any changes to this Agreement when you use the Services
after any such modification and updating of this document. It is therefore important
that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on and that you provide to other
Users. Your postings may not include the following items: telephone numbers, street
addresses, last names, and any photographs containing nudity, or obscene, lewd,
excessively violent, harassing, sexually explicit or otherwise objectionable subject
matter. Despite this prohibition, information provided by other Members may contain
inaccurate, inappropriate, offensive or sexually explicit material, products or
services, and TwoSoulsAsOne.com assumes no responsibility or liability for this
material. If you become aware of misuse of the Services by any person, please contact
TwoSoulsAsOne.com via the “Contact Us” links provided on the Website.
TwoSoulsAsOne.com reserves the right, in its sole discretion to post, not to post,
edit or remove comments, ratings, or any other form of online posting collectively
referred to as "Comments" about any and all contents provided by Members on the
Website, at any time, for any or no reason, with or without prior notice, and without
liability.
TwoSoulsAsOne.com reserves the right, in its sole discretion, to reject, refuse
to post or remove any posting (including email) by you, or to restrict, suspend,
or terminate your access to all or any part of the Services at any time, for any
or no reason, with or without prior notice, and without liability.
Under no circumstances shall TwoSoulsAsOne.com be responsible for any loss or damage,
including personal injury or death, resulting from use of the Services, from any
Content posted on or through the Services, or from the conduct of any Users of the
Services, whether online or offline. The Services are provided "AS-IS" and as available
and expressly disclaims any warranty of fitness for a particular purpose or non-infringement.
TwoSoulsAsOne.com cannot guarantee and does not promise any specific results from
use of the Services. Use of the Website, Services, or the Information contained
within the Website is solely at your own risk.
TwoSoulsAsOne.com is not responsible for financial or loss of any kind, damages
of any kind, physical or emotional stress, physical or emotional discomfort, physical
or emotional harm, or any other outcome or hardship caused by Member actions or
interactions between Members, Users, and/or Members and Users within or outside
of the Website or caused by any other factor related to the Services provided by
the Website. Users and Members alike assume all responsibility for all actions,
interactions and exchanges between and towards each other, within or outside of
the Website, including but not limited to financial exchanges, verbal or written
commitments of any kind, verbal or written comments about and towards each other,
bodily harm, harassment, stalking, defamation, property damage or any other outcome
from actions or interactions between Members, Users, and/or Members and Users.
TwoSoulsAsOne.com does not guarantee against complete or partial data loss at anytime.
Any and all Member data and postings are subject to loss for any reason at any time.
TwoSoulsAsOne.com is not responsible or liable for such loss of data regardless
of the cause of the loss. TwoSoulsAsOne.com is not responsible for correct functioning
of the Services or the Website or the correct functioning of the software behind
the Services and the Website.
TwoSoulsAsOne.com makes no guarantee or representation about continual availability
of service at any time and its continuance thereof. TwoSoulsAsOne.com may at its
discretion and without notice discontinue offering the services and may optionally
remove the Website temporarily or permanently without any liability to members or
users.
TwoSoulsAsOne.com is not responsible for any incorrect or inaccurate Content posted
on the Website or in connection with the Services provided, whether caused by Users
of the Services or by any of the equipment or programming associated with or utilized
in the Services. Content created and posted by Members on TwoSoulsAsOne.com may
contain links to other websites. TwoSoulsAsOne.com is not responsible for the Content,
accuracy or opinions expressed on such websites, and such websites are in no way
investigated, monitored or checked for accuracy or completeness by TwoSoulsAsOne.com.
Inclusion of any linked website on does not imply approval or endorsement of the
linked website by TwoSoulsAsOne.com. When you access these third-party sites, you
do so at your own risk. TwoSoulsAsOne.com takes no responsibility for third party
advertisements which are posted on this Website or through the Services, nor does
it take any responsibility for the goods or services provided by its advertisers.
TwoSoulsAsOne.com is not responsible for the conduct, whether online or offline,
of any User of the Services. TwoSoulsAsOne.com assumes 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, any User or Member communication.
TwoSoulsAsOne.com 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 any email or players due to technical problems or
traffic congestion on the Internet or on any of the Services or combination thereof,
including any injury or damage to Users or to any person's computer related to or
resulting from participation or downloading materials in connection with the Services.
IN NO EVENT SHALL TWOSOULSASONE.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING
LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF TwoSoulsAsOne.COM
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO
THE CONTRARY CONTAINED HEREIN, TWOSOULSASONE.COM 'S LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED
TO THE AMOUNT PAID, IF ANY, BY YOU TO TWOSOULSASONE.COM FOR THE SERVICES DURING
THE TERM OF MEMBERSHIP.
In states that do not allow the exclusion or limitation of incidental or consequential
damages, TwoSoulsAsOne.coms’s total liability to any one user for all damages, losses,
or causes of action shall not exceed $.01 USD or the amount paid for the services
during membership, whichever is greater.
This Agreement shall remain in full force and effect while you use the Services
or are a Member. You may terminate your Membership at any time, for any reason,
by following the instructions on the website if such instructions are provided or
by contacting us via the “Contact Us” link provided in the bottom of the Website
pages. TwoSoulsAsOne.com may terminate your Membership at any time, without warning.
Even after Membership is terminated, this Agreement will remain in effect. TwoSoulsAsOne.com
may keep, at its sole discretion, any or all the information in your profile and
your other postings on the Website even after your Membership is terminated.
You acknowledge that TwoSoulsAsOne.com reserves the right to charge for the Services
and to change its fees from time to time in its discretion. If TwoSoulsAsOne.com
terminates your Membership because you have breached the Agreement, you shall not
be entitled to the refund of any unused portion of subscription fees.
When you sign up to become a Member, you will also be asked to choose a password.
You are entirely responsible for maintaining the confidentiality of your password.
You agree not to use the account, username, or password of another Member at any
time or to disclose your password to any third party. You agree to notify immediately
if you suspect any unauthorized use of your account or access to your password.
You are solely responsible for any and all use of your account.
You are solely responsible for your interactions with other Members. TwoSoulsAsOne.com
reserves the right, but has no obligation, to monitor disputes between you and other
Members.
Use of the Services is also governed by our Privacy Policy, which is incorporated
into this Agreement by this reference.
By displaying or publishing ("posting") any Content, messages, text, files, images,
photos, video, sounds, profiles, works of authorship, or any other materials (collectively,
"Content") on or through the Services, you hereby grant to TwoSoulsAsOne.com, a
non-exclusive, fully-paid and royalty-free, worldwide license (with the right to
sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt,
translate, publicly perform, publicly display, store, reproduce, transmit, and distribute
such Content on and through the Services. This license will terminate at the time
you remove such Content from the Services. You represent and warrant that: (i) you
own the Content posted by you on or through the Services or otherwise have the right
to grant the license set forth in this section, and (ii) the posting of your Content
on or through the Services does not violate the privacy rights, publicity rights,
copyrights, contract rights or any other rights of any person. You agree to pay
for all royalties, fees, and any other monies owing any person by reason of any
Content posted by you to or through the Services.
The Services contain Content of TwoSoulsAsOne.com (" Content"). Content is protected
by copyright, trademark, patent, trade secret and other laws, and TwoSoulsAsOne.com
owns and retains all rights in the Content and the Services. TwoSoulsAsOne.com hereby
grants you a limited, revocable, non-sublicensable license to reproduce and display
the Content (excluding any software code) solely for your personal use in connection
with viewing the Website and using the Services.
The Services contain Content of Users and other licensors. Except for Content posted
by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute,
perform, display, or sell any Content appearing on or through the Services.
TwoSoulsAsOne.com may delete any Content that in the sole judgment of TwoSoulsAsOne.com
violates this Agreement or which may be offensive, illegal or violate the rights,
harm, or threaten the safety of any person. TwoSoulsAsOne.com assumes no responsibility
for monitoring the Services for inappropriate Content or conduct. If TwoSoulsAsOne.com
at any time chooses, in its sole discretion, to monitor the Services, nonetheless
assumes no responsibility for the Content, no obligation to modify or remove any
inappropriate Content, and no responsibility for the conduct of the User submitting
any such Content.
You are solely responsible for the Content that you post on or through any of the
Services, and any material or information that you transmit to other Members and
for your interactions with other Users. TwoSoulsAsOne.com does not endorse and has
no control over the Content. Content is not necessarily reviewed by prior to posting
and does not necessarily reflect the opinions or policies of TwoSoulsAsOne.com.
TwoSoulsAsOne.com makes no warranties, express or implied, as to the Content or
to the accuracy and reliability of the Content or any material or information that
you transmit to other Members.
The following is a partial list of the kind of Content that is illegal or prohibited
to post on or through the Services. TwoSoulsAsOne.com reserves the right to investigate
and take appropriate legal action against anyone who, in TwoSoulsAsOne.com's sole
discretion, violates this provision, including without limitation, removing the
offending communication from the Services and terminating the Membership of such
violators. Prohibited Content includes, but is not limited to Content that, in the
sole discretion of TwoSoulsAsOne.com:
is patently offensive and promotes racism, bigotry, hatred or physical harm of any
kind against any group or individual;
harasses or advocates harassment of another person;
exploits people in a sexual or violent manner;
contains nudity, violence, or offensive subject matter;
provides any telephone numbers, street addresses, last names, of anyone including
the member;
Provides URLs or email addresses of anyone or any entity other than the member;
promotes information that you know is false or misleading or promotes illegal activities
or conduct that is abusive, threatening, obscene, defamatory or libelous;
promotes an illegal or unauthorized copy of another person's copyrighted work, such
as providing pirated computer programs or links to them, providing information to
circumvent manufacture-installed copy-protect devices, or providing pirated music
or links to pirated music files;
involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing,
instant messaging, "spimming," or "spamming";
contains restricted or password only access pages or hidden pages or images (those
not linked to or from another accessible page);
furthers or promotes any criminal activity or enterprise or provides instructional
information about illegal activities including, but not limited to making or buying
illegal weapons, violating someone's privacy, or providing or creating computer
viruses;
solicits passwords or personal identifying information for commercial or unlawful
purposes from other Users;
involves commercial activities and/or sales without our prior written consent such
as contests, sweepstakes, barter, advertising, or pyramid schemes;
includes a photograph of another person that you have posted without that person's
consent.
The following is a partial list of the kind of activity that is illegal or prohibited
on the Website and through your use of the Services. TwoSoulsAsOne.com reserves
the right to investigate and take appropriate legal action against anyone who, in
TwoSoulsAsOne.com 's sole discretion, violates this provision, including without
limitation, reporting you to law enforcement authorities. Prohibited activity includes,
but is not limited to:
criminal or tortuous activity, including child pornography, fraud, trafficking in
obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming,
sending of viruses or other harmful files, copyright infringement, patent infringement,
or theft of trade secrets;
advertising to, or solicitation of, any Member to buy or sell any products or services
through the Services. You may not transmit any chain letters or junk email to other
Members. It is also a violation of these rules to use any information obtained from
the Services in order to contact, advertise to, solicit, or sell to any Member without
their prior explicit consent. In order to protect our Members from such advertising
or solicitation, TwoSoulsAsOne.com reserves the right to restrict the number of
emails which a Member may send to other Members in any 24-hour period to a number
which TwoSoulsAsOne.com deems appropriate in its sole discretion. If you breach
this Agreement and send unsolicited bulk email, instant messages or other unsolicited
communications of any kind through the Services, you acknowledge that you will have
caused substantial harm to TwoSoulsAsOne.com, but that the amount of such harm would
be extremely difficult to ascertain. As a reasonable estimation of such harm, you
agree to pay $50 for each such unsolicited email or other unsolicited communication
you send through the Services;
covering or obscuring the banner advertisements on your personal profile page, or
any page via HTML/CSS or any other means;
any automated use of the system, such as using scripts to use the Services.
interfering with, disrupting, or creating an undue burden on the Services or the
networks or services connected to the Services;
attempting to impersonate another Member or person;
using the account, username, or password of another Member at any time or disclosing
your password to any third party or permitting any third party to access your account;
selling or otherwise transferring your profile;
using any information obtained from the Services in order to harass, abuse, or harm
another person; or
using the Services in a manner inconsistent with any and all applicable laws and
regulations.
You may not post, modify, distribute, or reproduce in any way any copyrighted material,
trademarks, or other proprietary information belonging to others without obtaining
the prior written consent of the owner of such proprietary rights. It is the policy
of TwoSoulsAsOne.com to terminate Membership privileges of any Member who repeatedly
infringes the copyright rights of others upon receipt of prompt notification to
by the copyright owner or the copyright owner's legal agent. Without limiting the
foregoing, if you believe that your work has been copied and posted on the Services
in a way that constitutes copyright infringement, please contact us via the “Contact
Us” link provided at the bottom of the Website pages.
You agree to indemnify and hold TwoSoulsAsOne.com, its subsidiaries, and affiliates,
and their respective officers, agents, partners and employees, harmless from any
loss, liability, claim, or demand, including reasonable attorneys' fees, made by
any third party due to or arising out of your use of the Services in violation of
this Agreement and/or arising from a breach of this Agreement and/or any breach
of your representations and warranties set forth above and/or if any Content that
you post on the Website or through the Services causes to be liable to another.
This Agreement is accepted upon your use of the Website or any of the Services and
is further affirmed by you becoming a Member. This Agreement constitutes the entire
agreement between you and TwoSoulsAsOne.com regarding the use of the Services. The
failure of to exercise or enforce any right or provision of this Agreement shall
not operate as a waiver of such right or provision. This Agreement operates to the
fullest extent permissible by law. If any provision of this Agreement is unlawful,
void or unenforceable, that provision is deemed severable from this Agreement and
does not affect the validity and enforceability of any remaining provisions.
Please contact us via the “Contact Us” link provided at the bottom of the Website
pages with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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