Welcome to Soul Link, owned and operated by Supernal World Creations, Inc. (for the purposes herein together and collectively “SWC,” “Soul Link,’ “we,” “us,” or “our”). These Terms of Service (these “Terms” or this “Agreement”) govern your access to and use of Soul Link; including without limitation our website and online or mobile services, and software provided on or in connection with those services (collectively, the “Service(s)”).
When you use the Services, these Terms constitute a binding agreement between SWC, you, and any company that you represent or with which you are affiliated (“you,” or “your,”). BY COMPLETING THE ACCOUNT REGISTRATION PROCESS OR OTHERWISE USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS ARE INCORPORATED HEREIN BY REFERENCE. YOU MUST BE BOTH: (A) AT LEAST SIXTEEN (16) YEARS OF AGE; AND (B) OF THE AGE OF MAJORITY UNDER THE LAWS OF YOUR JURISDICTION TO ENTER INTO THIS AGREEMENT. If you do not meet these qualifications or agree to these Terms, you may not access or use the Services.
SWC may modify these Terms from time to time, and modified Terms will take effect immediately upon posting to the Soul Link Platform (as defined herein). Your continued use of the Services after modified Terms have been posted will constitute your acceptance of such modified Terms.
If you wish to receive electronic communications from SWC, you may opt-in to the SWC e-mail newsletter mailing list by submitting your information to SupernalWorldCreations.org.
Our Services Do Not Provide Medical Advice
The information provided on and by our Services is for educational purposes only and is not intended to diagnose, treat, cure, or prevent any medical condition or disease. The content on the Services should not be used as a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider with any question you may have regarding a medical condition. The owners, authors, and contributors of the Services do not assume any responsibility for any personal injury or damage resulting from the use or misuse of the information provided on the Services. By using the Services, accept full responsibility for your own actions and decisions related to the use of any information provided on the Services. If you think you may have a medical emergency, call your doctor or 911 immediately.
- “Soul Link Channels” means any social media channels through which SWC decides, in its sole discretion, to communicate with you.
- “Soul Link Platform” means the SWC website, the Soul Link mobile application and website, and the Soul Link Channels.
Access to Services
SWC grants you a limited, non-exclusive, non-transferable, and revocable right to access and use the Services in accordance with these Terms. To use the Services, you must create a user account (“Account”) and password using a valid email address. Additionally, SWC grants you the non-exclusive, non-transferable, and revocable right to access and participate in communications via the Soul Link Channels.
Access from Third Party Sites
You agree to pay SWC all charges applicable for the Services at the time such Services are ordered by you via the Soul Link Platform and on an on-going basis, as applicable. You are responsible for providing SWC with up-to-date information including without limitation, valid credit card numbers and contact information, at the time you order Services and within a reasonable period of time in the event such information changes. In the event that any amounts due for Services remain unpaid, or in the event that any check, ACH payment, credit card charge or online payment service is denied, returned, or refused: (i) you agree to pay, in addition to the principal amount and any applicable interest thereon, all of the bank and payment provider charges assessed against you and SWC in addition to SWC’s costs of collecting or attempting to collect, including without limitation reasonable attorney fees and expenses; and (ii) SWC may charge such remaining payment and any incidental charges against any other form of payment you have ever added to your SWC account. All transactions originating from your account are your responsibility.
SWC may change billing procedures, prices, promotions, or policies at any time without advance notice. All such changes will be posted via the Soul Link Platform. Continued use of the Soul Link Platform or Services constitutes your affirmation that you have read and understood such notices and agree to the terms contained therein.
You represent either that: (i) you are an individual entering this Agreement for your personal use and you are over 16 years of age; or (ii) you are the authorized representative of a company or legal entity, duly organized, validly existing, and in good standing under the laws of the jurisdiction of its organization, and that you are duly authorized to accept and execute this Agreement.
User Conduct; Termination
You will use the Services solely in accordance with these Terms. By accessing or using the Soul Link Platform or the Services, you agree that you will comply with all applicable laws and regulations. SWC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request. Without limitation, you will not use the Services to:
- abuse, harass, threaten, or intimidate other users or customer support personnel;
- submit or transmit any content whatsoever that is obscene or otherwise violates any law or right of any third party, that is hateful or discriminatory, or that incites violence or criminal conduct;
- attempt to impersonate another user or person;
- conduct any unlawful activity;
- solicit or obtain password, account, or private information from any user;
- conduct or promote unauthorized advertising, solicitations, or “spam;”
- use, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works of any content, without authorization, that belongs to or is licensed to SWC, or that originates from the Services, or that belongs to another SWC user or to a third party, or that violates or infringes any third-party intellectual property rights; or
- upload, post, transmit, or make available any content or other material that contains software viruses, or any other malicious computer code designed to interrupt or limit the functionality of the Services.
By agreeing to these Terms or accessing the Soul Link Platform, you assume full liability for any content that is in violation of the Terms set forth herein. In addition, SWC reserves the right to suspend, terminate, or cancel your Account and any access to all information on the Soul Link Platform, or any other means of communication used by SWC, including without limitation, the Soul Link Channels, for violation of these Terms, in SWC’s sole discretion.
Upon such termination, you agree to immediately pay SWC any accrued and unpaid amounts related to Services. Any accrued rights, remedies, obligations, or liabilities will not be affected including without limitation SWC’s right to claim damages in respect of any breach of these Terms or SWC’s right to indemnification by you under these Terms. In addition, any provisions of these Terms that expressly, or by implication, have effect after termination will continue in full force and effect.
SWC retains the right to retain your information following termination of your Account as required by applicable regulations and SWC’s internal policies in order to comply with our legal and reporting obligations, resolve disputes, enforce our agreements, complete any outstanding transactions, and for the detection and prevention of fraud.
Trademarks and Copyrights
The name “Soul Link” and “Supernal World Creations” and all other SWC marks, logos, taglines, custom graphics, and button icons (collectively, “Marks”) appearing on the Soul Link Platform or the Services are service marks, trademarks, or trade dress of SWC. You may not use such marks without the prior written consent of SWC. All other trademarks, product names, company names, and logos used on the Soul Link Platform or Services, if any, are the property of their respective owners.
All software, audiovisual content, and audible-only content on the Services, the selection and arrangement thereof, and the compilation of all content on the Services (collectively, “SWC Content” and together with Marks, “SWC Proprietary Information”) are the exclusive intellectual property of SWC and are protected by U.S. and international copyright laws.
If you are a copyright owner or an agent thereof and believe that any content on the Services infringes upon your copyrights, you may submit a notification to SWC pursuant to the Digital Millennium Copyright Act in accordance with our takedown policy recited in Section 1515 herein.
Proprietary Rights; Limited License
As between you and SWC, SWC exclusively owns all right, title, and interest in and to the Services, the SWC Platform, and the SWC Proprietary Information, including the intellectual property rights contained therein. SWC will have a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Services any suggestions, enhancement requests, recommendations, or other feedback provided by you, relating to the operation of the Services. Your use of the Platform does not grant you ownership of any content, code, data, or materials you may access on or through the Soul Link Platform. You may access and view the content on the Soul Link Platform, and you may use such content for your personal use only. Unless otherwise noted herein or on the Soul Link Platform, use of the Soul Link Platform is strictly for your personal, non-commercial use.
Using Your Account
Each registered user must register for their own Account and may not have more than one Account. You will provide accurate information when you sign up to use the Services and will keep your account information up to date. You will also use your real name, or the legal name of the entity you represent, use your own email address, or one that you have permission to use, and you will not let anyone else use your account. You are solely responsible for all activity on your account and agree that you will take reasonable care to safeguard your passwords and access to your account from unauthorized users. Neither the Terms nor your use of the Services create any agency, partnership, joint venture, employment, or franchisee relationship between you and SWC. SWC retains the right to close or suspend your account in whole or in part, and to terminate your use of its Services at its discretion and without notice. You may terminate your account with SWC at your discretion. Any outstanding amounts due to SWC related to your account after termination will be due at the time of termination.
Posting to the Soul Link Channels
When you post communications to the Soul Link Channels, you represent and warrant that you are in accordance with the terms of service of each third-party provider, and well as the terms listed herein. SWC reserves the right to terminate your access to the Services and the Soul Link Platform, in its sole discretion, if you are found to be in violation of the terms set forth herein.
Indemnification; Class Action Waiver
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless SWC, its employees, officers, directors, contractors, consultants, agents, representatives, affiliates, successors, and assigns from and against all actual or alleged thirdparty claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, costs, and expenses including without limitation reasonable attorney’s fees, accruing to SWC as a result of your misuse of the Soul Link Platform, including without limitation the Services provided under these Terms . You further agree to indemnify, defend, and hold harmless SWC from and against all actual and alleged damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Services, (b) your violation of these Terms, and (c) your violation of the rights of a third party, including without limitation another user. You agree to promptly notify SWC of any third-party claims and cooperate with SWC and its employees, officers, directors, contractors, consultants, agents, representatives, affiliates, successors, and assigns in defending such claims. You further agree that SWC shall have control of the defense or settlement of any third-party claims, in its sole discretion.
In exchange for SWC’s provision of the Services and your payment for those Services, you hereby waive the right to bring or participate in any class action lawsuit against SWC and its affiliates (which will include any party controlling, controlled by or in common control with SWC, or any of SWC’s employees, directors or officers).
Disclaimer of Warranty
You will have sole responsibility for conducting your use of the Services responsibly and legally. Your use of the Services and any information obtained through or from SWC will be at your own risk. The Services, and the content contained therein, are provided on an “AS IS” and “AS AVAILABLE” basis without warranties or conditions of any kind, either express or implied. You acknowledge and agree that SWC exercises no control over, and accepts no responsibility for content other than such content as described herein and owned wholly by SWC. SWC MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. SWC may exercise no editorial control over content posted to the Services. Additionally, SWC will not monitor any content that is uploaded to the Soul Link Channels, but reserves the right to employ automated processes that will screen for and remove such content uploaded to the Soul Link Channels that is in direct violation of these Terms set forth herein. SWC will not be liable for any loss of any kind from any action taken or taken in reliance on material or information, contained on the Services. SWC cannot and does not represent or warrant that the Services, content, or our servers are free of viruses or other harmful components. We cannot guarantee the security of any data that you disclose online. You accept the inherent security risks of providing information and dealing online over the internet and will not hold SWC responsible for any breach of security unless it is due to our gross negligence. SWC makes no warranties that the Services will be uninterrupted or errorfree or that any results obtained from the use of Services will be accurate or reliable. SWC expressly disclaims any liability arising in connection with any content posted to the Services. No oral or written information given by SWC will create any warranty, nor may you rely on such information or advice.
Limitation of Liability
To the fullest extent permitted by law, neither SWC, nor its officers, directors, employees, shareholders, or agents will be liable for any consequential, indirect, incidental, special, or punitive damages, or loss of profits, revenue, data, or use by you or any third party, whether in an action in contract, tort, strict liability, or other legal theory. SWC will not be liable to you or any third party for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that result from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations or transmission, or any failure of performance, whether or not limited to acts of nature, communications failure, theft, destruction, or unauthorized access to SWC’s records, programs, equipment, or services, or any other condition whatsoever.
Notwithstanding anything to the contrary in these Terms, SWC’s maximum liability under these Terms for all damages, losses, costs, and causes of actions from any and all claims will not exceed the actual dollar amount paid by you for the portion of Services that gave rise to such claims during the three (3) month period prior to the date the damage or loss occurred or the cause of action arose.
The Services may contain links to third-party websites not under SWC’s control or ownership, or you may elect to use a third party’s services or product in order to use the Services. Your access to all third-party services will be at your own risk.
Copyright, Content, and DMCA Takedown Policy
You may not submit any content that infringes or violates the personal, copyright, or intellectual property rights (including without limitation privacy and publicity) of any person or entity. Pursuant to Title 17, United States Code, Section 512(c)(2) or for any other claim of copyright infringement, you hereby agree that notifications of claimed copyright infringement be sent by certified mail to:
Supernal World Creations, Inc.
3463 Pine Ridge Road #101 Naples, FL 34109
Attention: Copyright Agent
For copyright infringement notices, your notice must meet all requirements of the Digital Millennium Copyright Act (“DMCA”) (described below). We will only remove content in response to DMCA notices that contain all of the following:
- a statement that you have identified content on the Services that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act;
- a description of the copyright work(s) that you claim have been infringed;
- a description of the copyright work(s) that you claim have been infringed;
- your full name, address, telephone number, and a valid email address through which you can be contacted, and your username if you have one;
- a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
In addition, if you wish for your notice to be a notice of alleged copyright infringement pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. s. 512(c), please also include the following information:
- with respect to the statement that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed, confirmation that such statement is made under penalty of perjury; and
- your electronic or physical signature (which may be a scanned copy).
SWC will process any notice of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act, 17 U.S.C. 512(c)(3) or other applicable copyright law. U.S. law provides significant penalties for submitting such a statement falsely.
In SWC’s sole discretion, persons who repeatedly submit infringing or unlawful material will be prohibited from accessing the Services. If you discover any content that you believe to be in violation of your trademark or other intellectual property rights, please report this to SWC by mail to the physical address above or at Support@SupernalWorldCreations.org. In all other cases, if you discover content that infringes any or violates any of your other rights, which you believe is defamatory, pornographic, obscene, racist, or otherwise liable to cause widespread offense, or which constitutes impersonation, harassment, spam, or otherwise violates these Terms or applicable law, please report this to SWC by mail to the physical address above or by email at Support@SupernalWorldCreations.org.
Governing Law; Arbitration.
This Agreement will be governed by the laws of the State of Florida, without regard to choice of laws provisions, no matter where in the world you live. In the event of a dispute arising out of this Agreement, the Parties will attempt to resolve any dispute by negotiation between the parties, in SWC’s sole discretion. If they are unable to resolve the dispute, SWC may commence mediation or binding arbitration through the American Arbitration Association, or other forum mutually agreed to by the Parties. Judgment on the award rendered by the arbitrator may be entered into in any court having jurisdiction thereof. Any other disputes hereunder will be resolved before the courts of competent jurisdiction seated in or proximal to Collier County, Florida. All remedies available hereunder will be cumulative and not in lieu of any others.
You do not have the right to assign this Agreement without the prior written consent of SWC. SWC may assign this Agreement without notice to you. This Agreement will be binding on the parties and their successors and permitted assigns.
Entire Agreement; Severability; Survival
This Agreement represents the entire agreement between the parties, and supersedes all previous and contemporaneous representations, understandings, and agreements, if any, express or implied, whether written or oral. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement will remain in full force and effect. Sections hereof that by their nature should survive termination hereof will so survive.