Terms Of USE

Introduction

Thank you for your interest in and use of our products, services, software, and the content contained or accessible therein (the "Services"). Soulful Sounds, LLC ("Soulful Sounds", "we", "us", or "our") provides these Services to you ("you" or "your"), subject to the terms contained in this Soulful Sounds Services Terms of Use (this "Agreement"). This Agreement is a binding legal agreement between you and Soulful Sounds. Please read the terms and conditions of this Agreement carefully before using our Services. The Services and all data, design, text, images, graphics, including all arrangements thereof, contained therein are proprietary, confidential, and are licensed to you under this Agreement, not sold to you. By accessing or otherwise using any portion of the Services, you agree to be bound by the terms of this Agreement. If you are not willing to be bound by the terms of this Agreement, you may not access or otherwise use any portion of the Services.
These Terms and Conditions govern your use of the Soulful Sounds platform and constitute a legal agreement between you and Soulful Sounds. By accessing or using the Platform, you agree to abide by these Terms. If you do not agree to these Terms, please refrain from using the Platform

1. Ability to Use the Services

In order to accept this Agreement and to use the Services, you must be a resident of an Authorized Jurisdiction and be at least 18 years of age, or if you have parental consent, at least 13 years of age in all other Authorized Jurisdictions ("Minimum Age"). The Services are not intended for users under the Minimum Age. You hereby affirmatively represent that (a) you are at least the Minimum Age in the applicable Authorized Jurisdiction; (b) you have the consent of your parent(s) to use the Services if you are under 18 years of age; (c) you have all the applicable rights and authority to grant Soulful Sounds the rights granted herein; and (d) you have read, understood, and agree to be bound by this Agreement. If you are not at least the Minimum Age, do not have parental consent, or you do not agree to all the terms and conditions of this Agreement, you may not use the Services.

2. Privacy

Soulful Sounds's privacy policy explains the data we collect, use, store, and process while you use and access our Services. By using our Services, you have read, understood, and agreed to the terms of our privacy policy, and you agree that we may use such data in accordance with the terms of our privacy policy. If you have any questions regarding our privacy policy, please contact our Support team.

3. Additional Terms and Conditions.

Some of the Services we offer may require additional terms and conditions. We will make those additional terms and conditions available to you with the relevant Services. If you use those Services, the terms and conditions that apply will become part of this Agreement between you and us.

4. Account Registration and Use

a. Eligibility: Users must meet the eligibility criteria outlined in the Age and Eligibility Requirements section.
b. Registration Information: Users must provide accurate, complete, and up-to-date information during the registration process. You are responsible for maintaining the confidentiality of your account credentials and agree to notify us immediately of any unauthorized access or use of your account.

C. Payment, Fess and Other Charges

If you elect to access any paid component of the Services, such as becoming a subscriber, you agree to pay all fees and charges associated with that paid component on a timely basis. Unless otherwise stated, all fees and charges are due and payable in advance, are non-refundable, and are exclusive of any applicable federal, state, or local taxes. All such fees and charges (including any taxes and late fees, as applicable) will be charged to the payment method you provided when you elected to access that paid component of the Services. You agree to maintain a valid payment method during the term of your use of such Services
Use of the Services may involve transmission of data through your carrier or service provider's network. You are responsible for all carrier, text/SMS, data, or other related fees or charges you incur from your carrier or service provider in connection with, or related to your use of the Services. Soulful Sounds assumes no liability or responsibility for the payment of any charges you may incur.
You may purchase subscription access (a "Subscription") to the Subscription Services for a fee (the "Fee") for the period of time (the "Access Period") you have elected from the available options (e.g., monthly or annually). The Fee is exclusive of any applicable federal, state, telecommunications, excise, or municipal taxes or duties, including VAT and GST (collectively, "Applicable Taxes") unless otherwise specified.
You may cancel the renewal of Subscription Product at any time by following these instructions in our Help Center, or the instructions included in your Subscription Product purchase, redemption, or renewal confirmation email. You may also contact Listener Support with a request to cancel your Subscription Product. If you cancel your Subscription Product during your current Access Period, your access to the Subscription Services will continue until the end of your then-current Access Period, at which point it will expire. Purchase and/or redemption of your Subscription Product is final and non-refundable; Soulful Sounds will not issue you any refund, including partial, prorated, or otherwise unless required to do so by law.
Soulful Sounds is not responsible for lost or stolen Subscription Products, or unauthorized use or redemption of a Subscription Product. Redemption codes for Subscription Products are void once activated.

5. Use of the Platform

a. License: Subject to compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for personal, non-commercial purposes.
b. Prohibited Conduct: Users must not engage in any activity that violates these Terms, infringes on the rights of others, or disrupts the operation of the Platform. Prohibited conduct includes, but is not limited to, unauthorized access, use of automated systems, data scraping, or distribution of harmful content.

6. Content

a. Ownership: All content available on the Platform, including but not limited to music, videos, artwork, and text, is owned or licensed by Soulful Sounds or its affiliates and is protected by intellectual property laws.
b. User-Generated Content: Users may contribute content to the Platform ("User Content"). By submitting User Content, you grant Soulful Sounds a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, distribute, and display the User Content in connection with the Platform.

7. Termination

a. Termination of Access: We reserve the right to suspend or terminate your access to the Platform at our discretion, without prior notice, if you violate these Terms or engage in prohibited conduct.

8. Disclaimers and Limitation of Liability

a. Disclaimer of Warranties: The Platform is provided on an "as is" and "as available" basis without warranties of any kind. We do not guarantee the accuracy, completeness, or reliability of any content on the Platform.

b. Limitation of Liability: To the extent permitted by law, Soulful Sounds shall not be liable for
any direct, indirect, incidental, special, consequential, or punitive damages arising out of
your use or inability to use the Platform.

9. Miscellaneous

a. Governing Law: These Terms shall be governed by and construed in accordance with the laws of California, without regard to its conflict of law provisions.
b. Changes to Terms: We may modify this Agreement from time to time. If we make material changes to the Agreement, we will notify you by email or through a message posted on the Services. You agree that such a modified Agreement will be effective thirty (30) days after our notice to you, except for changes that relate to new features or for legal reasons, which will become effective immediately. Your continued use of the Services after our provision of notice to you will constitute your affirmative acceptance to the modified Agreement. If you do not agree to, or cannot comply with, the Agreement as amended, you must stop using the Services.

10. Your License to Use the Services

Subject to the terms and conditions of this Agreement and your payment of any required fees (if applicable), Soulful Sounds hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access the Services in an Authorized Jurisdiction, and otherwise view and use the Services to the extent permitted by its intended functionality, for your own individual personal, non-commercial purposes and not for the sublicense to or use by third parties. You may only access and/or use the Services through the certified applications or intended methods that Soulful Sounds or our licensed partners make available to you. Any access or use of our Services through an application, service, or method provided by a party other than Soulful Sounds or one of our licensed partners is strictly prohibited, outside the scope of the license granted herein, and may subject your account to termination and other legal action. Any other use not authorized herein, or by Soulful Sounds in writing, is strictly prohibited and a violation of this Agreement. Soulful Sounds may revoke and/or terminate the foregoing license with respect to any aspect of the Services at any time, for any or no reason.
Restrictions. Except as otherwise specifically permitted in this Agreement, you shall not: (a) modify, download, intercept, or create any derivative works of the Services, including any translations or localizations thereof; (b) access or use the Services through an application or means not authorized by Soulful Sounds; (c) copy, store, edit, change, exploit, download, prepare any derivative work of, or alter in any way any of the content made available through the Services; (d) license, sell, rent, lease, encumber, transfer, assign, distribute, disclose, post, make available, permit time sharing or simultaneous use of, or otherwise exploit the Services to or for the benefit of any third party; (e) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, underlying ideas, or structure or organization of the Services; (f) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols, or labels on the Services; (g) publish or provide any results of any Services, in whole or in part, aggregated or otherwise, to a third party without Soulful Sounds’ prior written consent; (h) provide your username and password used to access the Services to any third party; (i) use any systems or means, automated or otherwise, to access, acquire, copy, scrape, harvest, or monitor any part of the Services; (j) circumvent any technological measures employed by or on behalf of Soulful Sounds to protect the Services; (k) use any other technologies or initiate any other activities that may harm the Services, or the interests or property of Soulful Sounds or other users of the Services; or (i) aid or encourage any third party to engage in any activity that would constitute a breach of this Agreement.

11. Governing Law and Disputes.

(a) Governing Law. This Agreement, including all claims relating to or arising hereof or breach thereof, whether sounding in contract, tort, or otherwise, will be governed and construed in accordance with the laws of the state of California, excluding its choice-of-law principles.
(b) Applicability of Section. The terms of this section 11 will apply to all disputes that may arise out of, are connected with, or relate to this Agreement or the Services, subject only to the following exceptions: (1) if Soulful Sounds reasonably believes that you have in any manner acted or failed to act in any manner that may cause harm to us or any third party, we may seek injunctive or other appropriate relief in any court of competent jurisdiction; or (2) any dispute may, at the option of the claiming party, be resolved in small claims court in Los Angeles County, California, provided that all claims by all parties in the dispute (i) fall within the jurisdiction of the small claims court, and (ii) were unsuccessfully resolved through the Informal Resolution procedure required in section 11(c) below. Furthermore, in no event will the terms of this section limit Soulful Sounds’ ability to investigate complaints or reported violations of this Agreement, or to take any action we deem necessary and appropriate to mitigate actions against us, including reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties such as music rights holders.
(c) Informal Resolution. If you have any dispute with us or any related third party, arising out of, relating to, or connected with this Agreement or the Services, you agree to contact us directly and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account); and give us thirty (30) days from the date of filing your written description with us within which to resolve the dispute to your reasonable satisfaction. If Soulful Sounds does not resolve the dispute through good faith negotiations under this informal process, you may pursue the dispute in accordance with the arbitration agreement below.
(d) Arbitration Agreement. Any claims by Soulful Sounds, or claims by you that are not resolved by the Informal Resolution procedure described in section 11(c) above, arising out of, relating to, or connected with this Agreement must be asserted individually in binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (including utilizing desk, phone, or video conference proceedings where appropriate and permitted to mitigate costs of travel). This Agreement and each of its parts evidence a transaction involving interstate commerce, and the Federal Arbitration Act (9 U.S.C. § 1 et seq.) will apply in all cases and govern the interpretation and enforcement of the arbitration rules and arbitration proceedings. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. In addition to and notwithstanding the terms stated above, the following will apply to your disputes: (1) the arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement including any claim that all or any part of this Agreement is void or voidable; (2) the arbitrator will not have the power to conduct any form of class or collective arbitration, nor join or consolidate claims by or for individuals; and (3) you hereby irrevocably waive any right you may have to a court trial (other than small claims court as provided above) or to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit, arbitration, or other proceeding against us or related third parties arising out of, relating to, or connected with this Agreement.
The arbitration proceeding and the results thereof will be kept confidential by each party and not used for any purpose other than a party exercising its rights and fulfilling its obligations with respect to the other party; provided, however that either party may disclose the existence and results of the proceeding: (1) as required by law, rule, or regulation; (2) to its accountants, attorneys, and other fiduciaries; and (3) to an arbitrator or third party who has exercised its rights under this section 11 for use as persuasive authority in other proceedings brought pursuant to this section 11.
(e) Limitation of Actions. Regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Services, must be filed within twelve (12) months of the date the facts giving rise to the suit were known or should have been known by you, or forever be barred.

26. Severability.

In the event any provisions of this Agreement are found to be contrary to any law or regulation of an administrative or governmental agency or body, such provision will be modified and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. In the event such a provision cannot be modified and becomes invalidated or unenforceable, its invalidation or unenforceability will not affect the validity or enforceability of any other provision of this Agreement.
27. Entire Agreement.
This Agreement constitutes the complete and exclusive agreement between you and Soulful Sounds with respect to the subject matter hereof, and supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings, or agreements not specifically incorporated herein.
28. Questions Regarding this Agreement.
If you have any questions regarding this Agreement, you may contact Soulful Sounds’ Support team.
ANY USE OF THE SERVICES NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.

Thank you for visiting the website of Soulful Sounds LLC (“Soulful Sounds”, “we,” “our,” or “us”). By accessing this website, our mobile application, and any related URLs (each and collectively, as appropriate, the “Platform”), you agree to accept the following terms of use for the use of the Platform (“Terms of Use”), which constitute a legal agreement between you and Soulful Sounds. If you do not accept these Terms of Use, you may not use the Platform. Soulful Sounds reserves the right to modify these Terms of Use without notice, and each use of the Platform constitutes your acceptance to be bound by the terms set forth in the Terms of Use as modified at the time of such use.

For information about our privacy practices, please see our Privacy Policy

Use of Platform and Content

The content displayed on the Platform (“Content”) ”) is the subject of intellectual property protection, including but not limited to trademarks, service marks, trade names, and copyrights owned by Soulful Sounds or by third parties. Soulful Sounds grants you a limited, revocable, nonexclusive, and nontransferable right to view, store, bookmark, download, copy, and print pages from the platform for your personal and noncommercial use only. Unless you receive written permission in advance from Soulful Sounds and/or the relevant third party owner, you may not exploit any of the Content commercially, forward it as a mass distribution, or post it on another website. Further, you may not link other websites to this platform or display this platform as “framed” within another website without Soulful Sound’s prior written consent.

Registering

You may browse the platform without registering, but as a condition to using certain aspects of the platform you may be required to register with Soulful Sounds and select a password and user name (“User ID”). You shall not: (1) select or use as a User ID a name of another person with the intent to impersonate that person; (2) use as a User ID a name subject to any rights of a person other than you without appropriate authorization; or (3) use as a User ID a name that is otherwise obscene, vulgar, and/or offensive. Soulful Sounds reserves the right to refuse registration of, or cancel, a User ID at its sole discretion. You are solely responsible for the activity that occurs on your account and shall be responsible for maintaining the confidentiality of any password. You shall not: (1) impersonate or try to impersonate another person; (2) disclose your password to anyone else; (3) allow anyone else to use your account; or (4) use anyone else’s account. You will immediately notify Soulful Sounds in writing of any unauthorized use of your account, or a security breach of another related account of which you are or become aware.

Prohibited Uses of Platform and Content

Soulful Sounds does not grant any license or right to use this Platform or the Content other than those set forth above, and you shall not make any other use of the Platform or the Content without Soulful Sound’s prior written permission. Without limiting the foregoing: You agree not to copy large portions of the platform (such as by bots, robots, or spiders that “harvest” the platform), interfere with the functioning of the platform, or restrict or inhibit any others from using the platform. If you download any Content from the platform, you agree that you will not remove or obscure any copyright or other notices or legends contained therein. In using this platform, you shall not violate any law, regulation, rule, or the intellectual property or contractual rights of others. You may not attempt to violate the security of this platform or use or gain access to the identities, information, or computers of others through this platform. You may not transmit viruses, worms, or similar disabling code or system interference through this platform. You may not decompile, reverse engineer, disassemble, or otherwise deconstruct all or any portion of the platform.

Soulful Sounds has the right (but not the obligation) to monitor and record activity on this platform, as Soulful Sounds deems appropriate, for any reason or no reason, and to take all appropriate actions in response to any unauthorized or objectionable conduct, with or without notice to you. Soulful Sounds may investigate any complaint or reported violation of its policies. Soulful Sounds may report any activity it suspects may violate any law or regulation to regulators, law enforcement officials, or other persons or entities as it deems appropriate. Soulful Sounds may issue warnings, suspend, or terminate use of the platform, deny access to all or part of the platform, or take any other action it deems appropriate.

Copyright Infringement Complaints and Notification Procedures

If you believe that any of this platform’s content violates your or a third party’s copyright, please notify us at contact@soulfulsounds.app by providing the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on this Platform;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.

Linked Platforms

Soulful Sounds does not review or monitor any websites linked from or to the platform and is not responsible for the content of any such websites. Accordingly, Soulful Sounds cannot be held accountable for the information, materials, products, or services obtained on or from such other websites, nor will we be liable in any respect whatsoever for any damages arising from your access to such websites. Any links from or to other websites are provided merely for the convenience of the users of the platform and the inclusion of these links does not imply any affiliation with or endorsement, sponsorship, representation, or warranty by Soulful Sounds with respect to any such linked websites or the content, products, or services contained or accessible through such websites or their operators. Soulful Sounds disclaims responsibility for the privacy policies and customer information practices of third-party internet websites linked to or from the site. Your following links from or to such websites are at your sole risk.

Transmission to and from the Platform

Any communication or other material that you send to us through the internet or post on the platform by electronic mail or otherwise is and will be deemed to be non-confidential as between you and us, and Soulful Sounds shall have no obligation of any kind with respect to such information. Soulful Sounds will be free to use, for any purpose, and without compensation due or payable to you, any ideas, concepts, know-how, or techniques provided by you to Soulful Sounds through the platform.

Passwords

If Soulful Sounds provides you with a password, you must keep your password and certain Platform content confidential. You are solely responsible for maintaining the confidentiality and security of your password. You accept full responsibility for any use of your password. You must notify us immediately of any actual or suspected loss, theft, or unauthorized use of your password. You may not disclose any Platform content that is contained within any password-protected portion of this platform to any third party, except to your financial, legal, or tax advisors, and others with whom you share investment decisions. Soulful Sounds is not obligated to inquire as to the authority or propriety of any use of or action taken under your password. Soulful Sounds will not be responsible for any loss to you that arises from such use or action or from your failure to comply with these provisions.

Payments

Soulful Sounds offers certain enhanced features for purchase. When you make a purchase, we may ask you to supply additional information such as your credit card number, the expiration date of your credit card, and your address(es) for billing (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. The amounts due and payable by you for a transaction will be presented to you before you place your order. If you choose to initiate a transaction, you authorize us to provide your Payment Information to third-party service providers so we can complete your transaction and agree (1) to pay the applicable fees and any taxes; (2) that Soulful Sounds may charge your credit card or third party payment processing account, including, but not limited to, your account with the app store or distribution platform (like the Apple App Store or Google Play) where the App is made available (each, an “App Provider”), for verification, pre-authorization and payment purposes; and (3) to bear any additional charges that your App Provider, bank or another financial service provider may levy on you as well as any taxes or fees that may apply to your order. You’ll receive a confirmation e-mail after we confirm the payment for your order. Your order is not binding on Soulful Sounds until accepted and confirmed by Soulful Sounds. All payments made are non-refundable and non-transferable except as expressly provided in these Terms.

If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card or third-party payment processing charges unless you have made a reasonable attempt at resolving the matter directly with Soulful Sounds.

Soulful Sounds reserves the right to not process or cancel your order in certain circumstances, such as: (1) if your credit card is declined; (2) if we suspect the request or order is fraudulent; or (3) in other circumstances Soulful Sounds deems appropriate in its sole discretion. Soulful Sounds also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your order. You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). Soulful Sounds will either not charge you or refund the charges for orders that we do not process or cancel.

Consult Your Health Care Provider Before Using the Platform’s Services

The platform is not intended as a replacement for face-to-face psychotherapy or to provide a diagnosis, treatment, or cure for a disease or condition. Soulful Sounds takes no responsibility for any information, advice, suggestions, recommendations, etc. provided or suggested in or in relation to the platform by us or any user, participant, or other third parties, etc. You are solely responsible for your reliance on any information, advice, suggestion, recommendation, etc. provided to you in or in relation to the platform.

Disclaimers

Soulful Sounds, including partners, employees, affiliates, and agents (collectively “Related Persons”) make no representations or warranties of any kind, express or implied, as to the accuracy, reliability, completeness, availability, or other characteristics of the information or materials presented on the platform. Such information or materials are provided “as is” and “as available” and, to the fullest extent permissible pursuant to applicable law, Soulful Sounds specifically disclaims any and all warranties of any kind, express or implied, including but not limited to all warranties of and conditions of merchantability, fitness for a particular purpose, title, non-infringement, availability, accuracy, or completeness. Soulful Sounds does not warrant that the information on this platform is accurate, reliable, or correct, that this platform will be available at any particular time or location, or that this platform is free of viruses or other harmful components. Electronic communications can be intercepted by third parties and, accordingly, electronic mail and other transmissions to and from the platform or made via the platform may not be secure.

Decisions based on information or materials contained on the platform are the sole responsibility of the user, and as consideration for access to the platform, you will be responsible for any liability to Soulful Sounds that arises out of your use of the platform or your breach of these Terms of Use, and you agree to indemnify and hold harmless Soulful Sounds and Related Persons from and against any claims whatsoever and of any nature for damages, losses, and causes of action, including but not limited to actions by third parties against you, Soulful Sounds or any of its Related Persons, arising out of or in connection with any decisions that you make based on such information or materials, your use of the platform, or your violation of these Terms of Use.

The information contained herein is provided for informational purposes only and is current only as of the dates indicated herein. Information that is not dated or information that is dated but viewed subsequent to its date may not be current. Soulful Sounds assumes no duty to update or correct any information for any reason, including new information, results, or subsequent events.

Limitation of Liability

SOULFUL SOUND’S LIABILITY WITH RESPECT TO THE SITE IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL SOULFUL SOUNDS OR ITS RELATED PERSONS BE LIABLE TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS, OR DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE (OR INABILITY TO USE), OR DISTRIBUTION OF THE SITE OR ANY INFORMATION OR MATERIALS OBTAINED THROUGH USE OF THE SITE. THIS IS TRUE EVEN IF SOULFUL SOUNDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES OR IF ANY REMEDY YOU HAVE FAILS IN ITS ESSENTIAL PURPOSE.

Mobile Terms and Conditions

The Soulful Sounds text message service (the “Text Service”) is operated by Soulful Sounds. Your use of the Text Service constitutes your agreement to these terms and conditions (“Mobile Terms”). The Soulful Sounds Terms of Use and Privacy Policy also apply to your use of the Text Service. We may modify or cancel the Text Service or any of its features without notice. We may also modify these Mobile Terms at any time and your continued use of the Text Service following the effective date of any such changes shall constitute your acceptance of such changes.

Soulful Sounds does not charge for the Text Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and Data Rates may apply. Text messages may be sent using an automatic telephone dialing system or other technology. Text the single keyword command STOP to cancel at any time. You’ll receive a one-time opt-out confirmation text message. For Text Service support or assistance, e-mail us at contact@soulfulsounds.app.

You acknowledge that any messages, including any STOP requests, you send to a short code or telephone number we have changed may not be received and Soulful Sounds will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Text Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you change your mobile phone number, you agree to opt out of the Text Service prior to changing your mobile number.

You agree to indemnify, defend, and hold us and our affiliates harmless from any third-party claims, liability, damages, or costs arising from your use of the Text Service or from you providing us with a phone number that is not your own.

You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Text Service; any errors in such information; and/or any action you may or may not take in reliance on the information or Text Service.

Applicable Law, Jurisdiction, and Arbitration

These Terms of Use shall be governed by the law of the State of New York, without regard to its choice of law rules. Notwithstanding the foregoing, any issue concerning the extent to which any dispute is subject to arbitration, or concerning the applicability, interpretation, or enforceability of these procedures, including any contention that all or part of these procedures is invalid or unenforceable, shall be governed by the Federal Arbitration Act and resolved by the arbitrators as provided herein.

YOU AGREE TO RESOLVE BY ARBITRATION ANY CONTROVERSY ARISING BETWEEN YOU AND SOULFUL SOUNDS AND/OR ANY OF OUR RESPECTIVE CONTROL PERSONS, PREDECESSORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, AND EMPLOYEES.

With respect to the resolution of any such controversy, you further acknowledge that:

  • Arbitration is final and binding on the parties.
  • The parties are waiving their right to seek remedies in court, including the right to jury trial.
  • pre-arbitration on discovery is generally more limited than and different from court proceedings.
  • The arbitrators’ award is not required to include factual findings or legal reasoning and any party’s right to appeal or to seek a modification of rulings by the arbitrators is strictly limited.

Any arbitration under this Terms of Use shall be conducted in New York, NY before a panel of three (3) arbitrators under the Commercial Arbitration Rules of the American Arbitration Association, except to the extent that such rules are modified by this Terms of Use. Arbitration is initiated by a party serving the other party with a written demand for arbitration or a written notice of intention to arbitrate.

No person shall bring a putative or certified class action to arbitration nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated a putative class action in court or who is a member of a putative class who has not opted out of the class concerning any claims encompassed by the putative class action until the class certification is denied, or the class is decertified, or the customer is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this Terms of Use except to the extent stated herein.

General

Soulful Sounds may assign the Terms of Use in whole or in part at any time without your consent. You may not assign the Terms of Use or delegate any of your obligations under the Terms of Use, and any purported assignment of the Terms of Use in violation of the Terms of Use is void. The Terms of Use constitute the entire understanding and supersedes all other understandings between you and Soulful Sounds concerning the subject matter hereof.

If you have any questions about this Terms of Use, please contact us at contact@soulfulsounds.app