Terms and Conditions
Terms and Conditions of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY
Welcome to Sound & Soulful owned and operated by Sound & Soulful LLC, with its registered office located at 1309 Coffeen Avenue STE 6306 Sheridan, Wyoming 82801. The app is offered to users for download conditioned on user’s acceptance without modification of the terms, conditions, and notices contained herein.
IN USING THIS APP, YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS SET FORTH HEREIN. ANY INCIDENTAL DOCUMENTS AND LINKS MENTIONED SHALL BE CONSIDERED TO BE ACCEPTED JOINTLY WITH THESE TERMS. YOU AGREE TO USE THE APP ONLY IN STRICT INTERPRETATION AND ACCEPTANCE OF THESE TERMS AND ANY ACTIONS OR COMMITMENTS MADE WITHOUT REGARD TO THESE TERMS SHALL BE AT YOUR OWN RISK. THESE TERMS AND CONDITIONS FORM PART OF THE AGREEMENT BETWEEN THE USER AND US. BY DOWNLOADING AND USING THIS APP AND/OR UNDERTAKING TO PERFORM A SERVICE BY US INDICATES YOUR UNDERSTANDING, AGREEMENT TO AND ACCEPTANCE, OF THE DISCLAIMER NOTICE AND THE FULL TERMS AND CONDITIONS CONTAINED HEREIN.
- AGREEMENT TO TERMS
1.1 These Terms and Conditions of Service (“Terms”) constitute a legally binding agreement between you (hereinafter referred to as “you”, “your” or “User(s)”) and Sound & Soulful, a company incorporated under the laws of the State of Wyoming and having its registered office located at 1309 Coffeen Avenue STE 6306 Sheridan, Wyoming 82801 (the “Company”, “we”, “us”, or “our”) concerning your access to, and use of, the Company’s App Sound & Soulful including its sub-domains and mobile-optimized version, if any (hereinafter collectively referred to as the “App”). You agree that by accessing or downloading the App you have read, understood, and agree to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE APP AND YOU MUST DISCONTINUE YOUR USE IMMEDIATELY.
1.2 Supplemental terms and conditions or documents that may be posted on the App from time to time are hereby expressly incorporated herein by reference. The Company reserves the right, in its sole discretion, to make changes or modifications to these Terms at any time and for any reason whatsoever. The Company will alert you about any changes by updating the “Last updated” date of these Terms and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the App after the date such revised Terms are posted.
1.3 The information provided on the App is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the App from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
1.4 Users below the age of 18 are not allowed to use the App or any of the App Services.
- APP SERVICES
2.1 The App offers meditation solutions by providing its Users an easy access to a virtual library which has an online
collection of subliminal tracks including subliminal affirmations audio tracks, soothing meditation sounds, binaural beat frequencies and spoken affirmations relating to different areas of life (“App Services”).
2.2 Subliminal tracks are designed by embedding spoken affirmations within the meditation sounds and frequencies. By listening to the subliminal tracks, one can shift their thoughts which may affect the outcomes in one’s life.
2.3 Users can sign-up to the App by creating a username and password for their account and also providing their credit or debit card information. After sign-up, Users are able to have a 7-day trial period during which they can use the App Services free of charge. After the expiration of the 7-day trial period, Users will be charged a recurring subscription fee of US$19.99 each month unless Users cancel their account during the trial period.
2.4 After subscription, Users can access subliminal tracks. Users can also combine various subliminal tracks (appearing in different pages of the App) to create custom playlists, which they can save to their e-mail accounts on the App. However, Users cannot download any of the subliminal tracks to their mobile devices and can only listen to the same by logging into their accounts on the App.
THE COMPANY DISCLAIMS RESPONSIBILITY FOR ANY ILLEGAL USE YOU MAKE OF THE APP. 3. USER REGISTRATION
3.1 In order to use the App Services, Users shall be required to register an account with the App.
3.2 The Company reserves the right, in its sole discretion, to suspend the account of any User at any time and for any reason.
3.3 You will be required to sign up by creating an account with the App by providing information such as First Name, Last Name, E-mail Address and Credit/Debit Card Information.
3.4 You will be required to complete your profile by entering personal information before you are allowed to sign-in to your account.
3.5 You represent, warrant and covenant that:
3.5.1 You have full power and authority to accept these Terms, to grant any license and authorization and to perform any of your obligations hereunder;
3.5.2 You will undertake to use the App for personal purposes only.
3.6 You must not allow any other person to use your account to access the App. You must notify us in writing immediately if you become aware of any unauthorized use of your account.
3.7 You must not use any other person's account to access the App unless you have that person's express written permission to do so.
- USER IDS AND PASSWORDS
4.1 If you register for an account with the App, you may be asked to choose a user ID and password. Your user ID must not be misleading and must comply with the content rules set out in this document; you must not use your account or user ID for or in connection with the impersonation of any person.
4.2 You shall be responsible for maintaining the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account or password.
4.3 You must notify us by e-mailing if you have reason to believe that your account is no longer secured for any reason (e.g. in the event of a loss, theft or unauthorized disclosure or use of your password).
4.4 You shall be responsible for any activity and content on the account arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.
- INTELLECTUAL PROPERTY RIGHTS
5.1 Unless otherwise indicated, the App is our proprietary property and except the intellectual property rights (including articles, logos, trademarks and content) of the third party Apps, all source code, databases, functionality, software, App designs, audio, video, text, photographs and graphics on the App (collectively, the “Content”) and the trademarks, service marks and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws and international conventions. The Content and the Marks are provided on the App “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the App and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
5.2 Provided that you are eligible to use the App, you are granted a limited license to access and use the App. We reserve all rights not expressly granted to you in and to the App, Content and the Marks.
- USER REPRESENTATIONS
6.1 By using the App, you represent and warrant that: (1) all registration information you submit is true, accurate, current and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms; (4) you are not under the age of 18; (5) you will not access the App through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the App for any illegal or unauthorized purpose; and (7) your use of the App will not violate any applicable local, state and federal laws or regulations.
6.2 If you provide any information that is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the App (or any portion thereof).
- PROHIBITED ACTIVITIES
7.1 You may not access or use the App for any purpose other than that for which we make the App available. The App may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
7.2 As a User of the App, you agree not to use the App:
7.2.1 In any way that breaches any applicable local, state, federal or international law or regulation; 7.2.2 In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect; 7.2.3 For the purpose of harming or attempting to harm minors in any way;
7.2.4 To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;
7.2.5 To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam); or
7.2.6 To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
7.3 As a User of the App, you also agree not to:
7.3.1 reproduce, duplicate, copy or re-sell any content of the App in contravention of the provisions of these Terms; 7.3.2 access without authority, interfere with, damage or disrupt;
∙ any part of the App;
∙ any equipment or network on which the App is stored;
∙ any software used in the provision of the App; or
∙ any equipment or network or software owned or used by any third party.
7.3.3 systematically retrieve data or other content from the App to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
7.3.4 make any unauthorized use of the App, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
7.3.5 use the App to advertise or offer to sell illegal goods and services;
7.3.6 circumvent, disable, or otherwise interfere with security-related features of the App, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the App and/or the Content contained therein;
7.3.7 engage in unauthorized framing of or linking to the App;
7.3.8 make improper use of our support services or submit false reports of abuse or misconduct;
7.3.9 engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
7.3.10 interfere with, disrupt, or create an undue burden on the App or the networks or services connected to the App; 7.3.11 attempt to impersonate another user or person or use the username of another user.
7.3.12 sell or otherwise transfer your profile;
7.3.13 use any information obtained from the App in order to harass, abuse, or harm another person or user of the App;
7.3.14 use the App as part of any effort to compete with us or otherwise use the App and/or the Content for any revenue- generating endeavor or commercial enterprise;
7.3.15 decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the App;
7.3.16 attempt to bypass any measures of the App designed to prevent or restrict access to the App or any portion of the App;
7.3.17 harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the App to you;
7.3.18 delete the copyright or other proprietary rights notice from any Content;
7.3.20 upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
7.3.21 except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the App, or using or launching any unauthorized script or other software;
7.3.22 disparage, tarnish, or otherwise harm, in our opinion, us and/or the App; or
7.3.23 use the App in a manner inconsistent with any applicable laws or regulations.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information regarding the App ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all rights to any such Submissions, and you hereby warrant that any such Submissions are original to you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
- APP MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the App for violations of these Terms; (2) take appropriate legal action against a User which, in our sole discretion, violates the law or these Terms, including without limitation, reporting such User to law enforcement authorities; and (3) otherwise manage the App in a manner designed to protect our rights and property and to facilitate the proper functioning of the App.
- TERM AND TERMINATION
11.1 These Terms shall remain in full force and effect while you use the App. Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the App (including blocking certain ip addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty or covenant contained in these Terms or of any applicable law or regulation. We may terminate your use or participation in the App or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.
11.2 If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
- MODIFICATIONS AND INTERRUPTIONS
12.1 We reserve the right to change, modify or remove the contents of the App at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our App. We also reserve the right to modify or discontinue all or part of the App without notice at any time. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the App.
12.2 We cannot guarantee the App will be available at all times. We may experience hardware, software or other problems or need to perform maintenance related to the App, resulting in interruptions, delays or errors. We reserve the right to change, revise, update, suspend, discontinue or otherwise modify the App at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the App during any downtime or discontinuance of the App. Nothing in these Terms will be construed to obligate us to maintain and support the App or to supply any corrections, updates, or releases in connection therewith.
- GOVERNING LAW
These Terms and your use of the App are governed by and construed in accordance with the laws of the State of Wyoming without regard to its conflict of law principles.
There may be information on the App that contains typographical errors, inaccuracies or omissions that may relate to the App,
including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information on the App at any time, without prior notice.
You agree to defend, indemnify and hold us harmless, including our subsidiaries, affiliates and all of our respective officers, agents, partners and employees, from and against any loss, damage, liability, claim or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the App; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act towards any other user of the App with whom you connected via the App. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
- USER DATA
We will maintain certain data that you transmit to the App for the purpose of managing the App as well as data relating to your use of the App. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the App. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
- ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES
Using the App, sending us emails and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications we provide to you electronically, via email and on the App, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the App. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non electronic records or to payments or the granting of credits by any means other than electronic means.
- CONTACT US
In order to resolve a complaint regarding the App or to receive further information regarding use of the App, please contact us at Support@SoundandSoulful.com.