1. OLD SOUL PRODUCTIONS
1.1 This Site is owned and operated by OLD SOUL PRODUCTIONS LLC (“we”, “us”, “our”). If you would like further information about OLD SOUL or anything else referred to on the Site, please contact us using the following details:
2. USE OF THE SITE
2.1 You may not use the Site in any improper or unlawful manner or in breach of any legislation or license that applies to you.
2.2 Except as expressly permitted, you agree that when using the Site you will not:
(a) publish, post, upload, store, distribute or disseminate any unlawful, defamatory, infringing, obscene, harmful, confidential, libelous, hateful, or otherwise illegal material or information or anything which might constitute a criminal or civil offense;
(b) upload files or other data that contain software or other material which are the intellectual property rights of any third party or which are protected by rights of privacy or publicity of any third party without having received all necessary consents; or
(c) upload files that contain viruses, corrupted files, or any other software or programs that may interfere with or damage the operation of the Site or any other computer.
2.3 You agree to comply with all reasonable instructions that we may give you from time to time regarding the use of the Site.
2.4 You are responsible for obtaining (at your own cost) all necessary equipment and telecommunications services required to access and use the Site. You are responsible for ensuring that no one uses your equipment to access the Site without your permission. We will be entitled to assume that anyone who accesses the Site using your equipment has your permission to do so and you will be liable for any Charges or any other costs, liabilities or damages that may be incurred by any such person.
3. COMPETITIONS AND PRIZE DRAWS
3.1 From time to time it may possible to enter competitions or prize draws through the Site. There may be additional terms and conditions applicable to those competitions or prize draws. Where additional terms apply you will be notified of that fact and given an opportunity to read those terms and conditions before you enter the competition or the prize draw.
4. INTELLECTUAL PROPERTY
4.2 You may view, download and print any materials and information made available to you through the Site subject to the following conditions:
(a) the media, material and information may only be used for your personal and non-commercial purposes;
(b) the media, material and information shall not be reproduced or included in any other work or publication in any medium without the written permission of OLD SOUL;
(c) the media, material and information may not be modified or altered in any way;
(d) the media, material and information may not be distributed or sold to any third party;
(e) you may not remove any copyright or other proprietary notices contained in the material or the information.
4.3 We do not give you any rights in relation to Intellectual Property Rights in any product or service that you purchase from or via the Site.
4.4 The term “Intellectual Property Rights” shall be taken to mean all patents, registered and unregistered trade marks and service marks, domain names, registered designs and design rights, copyright (including such rights in computer software and databases), database rights and moral rights (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for the foregoing and the right to apply for any of the foregoing anywhere in the world, and all similar rights anywhere in the world including those subsisting in inventions, designs, drawings and computer programs.
Copyright, trademark and other intellectual property protection
This Site as a whole, and all material on this Site, is protected by copyright and other intellectual property rights.
5. WARRANTIES AND DISCLAIMERS
5.1 We will exercise all reasonable skill and care in providing the Site. We obtain the materials and information provided on the Site from third party partners and so we are not able to guarantee the accuracy, completeness, currency or reliability of any such materials or information.
5.3 This Site contains links to websites and microsites operated by third parties that are not under our control and are provided to you for your convenience only. We make no warranties or representations whatsoever about any other website which you may access through this Site or any services that they may provide. Without limiting the foregoing, these sites are in no way approved, vetted, checked or endorsed by us and you agree that we shall not be responsible or in any way liable for the content, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality of any products or services available on such sites. If you choose to access a website beyond our control, you do so at your own risk. In addition, use of any such third party website or microsite may be subject to your acceptance of additional terms and conditions.
6. LIMITATION OF LIABILITY
(a) death or personal injury caused by our negligence;
(b) any loss suffered by you as a result of your reliance on any fraudulent misrepresentation made by us to you;
(c) any other liability that cannot be so limited or excluded at law.
6.2 Subject to Clause 6.1, you agree that we shall not be liable for:
(a) any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind (including but not limited to lost savings or loss or corruption of data); or
(b) any loss of profit (whether direct or indirect), whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with:
(c) any use of this Site or its contents;
(d) any failure or delay in the use of any component of the Site or any service including, without limitation, any unavailability of the Site or the services irrespective of duration of any period of unavailability; or
(e) any use of or reliance upon any information, material, software, products, services and related graphics obtained through the Site, in all cases even if we have been forewarned of the possibility of such loss or damage.
6.3 Without limiting the effect of Clause 6.2, due to the inherent risks of using the internet, we cannot be liable for any damage to, or viruses that may infect, your computer equipment or any other property when using or browsing the Site. The downloading or other acquisition of any materials or information through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading or acquisition of any such materials.
6.5 Some goods or services may differ slightly from the description or appearance on the Site. Please check the delivered product/service immediately on receipt because we will not be held responsible for any subsequent loss or destruction.
6.6 We will notify you of any such claims or proceedings and keep you informed as to the progress of such claims or proceedings.
(a) you commit any breach of any term of this Agreement; or
(b) you do not comply fully with Clause 2 above; or
(c) you commit a material breach of these Terms; or
(d) we choose to so terminate in our sole discretion.
7.3 Forthwith upon termination of this Agreement, you cease all use of the Site. Any termination of this Agreement (howsoever occasioned) shall not affect any accrued rights or liabilities of either party nor shall it affect the coming into force or the continuance in force of any provision in this Agreement, which is expressly or by implication intended to come into or continued in force on or after such termination and neither shall it affect any common rights that are available to you.
8. DATA PROTECTION AND PRIVACY
9. NO WAIVER
10.1 You agree that any and all comments, messages, postings, data, suggestions, creative ideas, designs, concepts, product suggestions and other items or materials disclosed, submitted or offered to BomaniJones.com through or in connection with this Site (“Submissions”), including, but not limited to, survey responses, shall be treated as non-confidential and not proprietary and shall become, and remain the property of BomaniJones.com. Such disclosure, submission or offer of any Submission shall constitute an assignment to BomaniJones.com of all rights, title and interests in all copyrights and other rights in the Submission. BomaniJones.com is, and shall be, under no obligation (i) to maintain any Submission in confidence; (ii) to pay to anyone any compensation for or in connection with the use of any Submission; or (iii) to respond to any Submission. You represent and warrant that no Submission by you will violate any right of any third party, including, but not limited to, copyright, trademark, patent, trade secret, privacy or other personal or proprietary right. By making any Submission through, in connection with or related to this Site, you agree that BomaniJones.com has the right (but not the obligation) to copy, publish, distribute or use such Submission, or any part or parts thereof, for any purpose, including, but not limited to, advertising, promotional, product development or other commercial purposes, without compensation to you or to any other person. BomaniJones.com does not, cannot and does not agree to consider or review every Submission, and is not liable or responsible for the content of any material posted on this Site by users. You agree not to upload, post, distribute or otherwise publish on this Site any material that (i) is libelous, defamatory, obscene, abusive, pornographic, threatening or an invasion of privacy; (ii) infringes the intellectual property rights, including, but not limited to, any copyright, patent, trade secret or trademarks, of any person or entity; (iii) is illegal in any way or advocates illegal activity; or (iv) advertises or solicits funds, goods or services. You are and shall remain solely responsible for the content of any Submission you make.
11.1 You agree to defend, indemnify and hold harmless OLD SOUL, BomaniJones.com, TheEveningJones.com, its affiliates and their officers, directors, employees, designers and shareholders from and against any and all claims, damages, losses, costs and expenses, including, but not limited to, reasonable attorneys’ fees and court costs, arising from or related to your use of this Site.
10. THIRD PARTY RIGHTS
12. ENTIRE AGREEMENT
13. GOVERNING LAW & JURISDICTION
13.1 This Agreement is governed by the laws of California and the parties agree to submit to the exclusive jurisdiction of the state of California Courts.
2658 Del Mar Heights Ste. #230,
Del Mar, CA 92014-3100
Effective Date of the Agreement is November 1, 2016.