When an individual (hereinafter referred to as “you”) signs up to be a member of the Soulfulencounters.com Web site (hereinafter sometimes referred to as “we”), you agree to all of the terms and conditions of this Agreement. If you do not agree to these terms and conditions, you may not use the service and you should not proceed to register. By using the service, you are agreeing to be bound by this Agreement, including all amendments.
By joining this Site, you represent, warrant and covenant that you are at least 18 years old. However, we cannot guarantee that each Site user is at least the required minimum age, nor do we accept responsibility or liability from any use of this Web site by persons not over the age of 18.
2. YOUR USE OF THE SOULFULENCOUNTERS WEBSITE (“THE SITE”)
You will use the Site in a manner consistent with any and all applicable laws and regulations. You are solely responsible for the content or information which you publish or display on the Site, or transmit to other members. You will keep all information provided to you through the Site as private and confidential and you will not give such information to anyone without the permission of the person who provided it to you. You will not use the Site to engage in any form of harassment or offensive behaviour, including but not limited to the posting of communications, pictures, videos or audio recordings which contain libellous, slanderous or offensive language or images. You will not use the Site to infringe the privacy rights, property rights, or any other rights of any person. The Site may not be used in connection with any commercial endeavours, or with any soliciting or advertising activities of any kind.
We are free to change the look or layout of the Site, as well as any fees associated with the use of the Site, at any time, without advance notice to you.
3. MONITORING AND REMOVAL OF INFORMATION
Soulfulencounters.com reserves the right to monitor all postings to the Site to ensure that they conform to the content guidelines which may be applicable from time to time. We reserve the right, but are not obligated, to delete, move, or edit messages or materials. Soulfulencounters.com reserves the right to delete any profiles for any reason without permission from the member.
4. INDEMNITY BY MEMBER
You agree to defend and indemnify us, our officers, directors, employees, and agents, from any loss or damages, including without limitation legal fees, which we may suffer from your activities on or use of the Site, including without limitation any breach by you of this Agreement or any charges or complaints made by other parties against you. You agree to co-operate as fully as possible in the defense of any claim. We reserve the right to assume the exclusive defense in control of any matter otherwise subject to indemnification by you, provided however that you shall remain liable for any such claim.
5. NO WARRANTIES
The Site is provided on an “as is” basis. We do not warrant that the Site will be uninterrupted or error-free. You acknowledge that the Site is provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. You acknowledge that your use of the Site is at your own risk. You acknowledge that any reliance upon any content included on the Site shall be at your sole risk.
6. INTELLECTUAL PROPERTY
All intellectual property rights in and to the Site are owned by us absolutely. Those rights include, but are not limited to, copyright, trademarks, logos, and the like. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks or other proprietary information from this Site without obtaining our prior written consent.
By posting information or content on the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Soufulencounters.com and to all members of the Site, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
We take no responsibility for the actions of anyone who may read the information that you post on the Site. We take no responsibility for ads or messages containing defamatory, obscene, offensive, violent, racist or illegal information, but if such messages are brought to our attention, they will be removed. We take no responsibility for ads or messages containing the intellectual property of others, but if we are notified, they will be removed. We do not guarantee the accuracy, completeness, or usefulness of any information on the Site. Under no circumstances will we be responsible for any loss or damage resulting from the use of the Site and/or any content posted on the Site or transmitted to members. We cannot guarantee and do not promise any specific results from use of the Site.
8. LIMITATION ON LIABILITY
In no event will Soulfulencounters.com be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from the use of the Site. Our 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 for the Site during the term of membership.
The Site may from time to time offer consultation services with social workers, pharmacists, nutritionists, life coaches, and the like. We do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, or distributed through the Site by such individuals. Any statements made by life coaches are provided for entertainment purposes only, and are not intended, and should not be taken, as specific advice in any particular circumstance. Such statements do not constitute counseling of any kind. Soulfulencounters.com makes no guarantees regarding the usefulness or value of the products or services included or advertised on the Site.
The social workers affiliated with Soulfulencounters.com are bound by the legal and ethical requirements of the Ontario Association of Social Workers, and the College of Social Workers and Social Service Workers. All information will be treated as confidential save and except for instances of child abuse or neglect, instances of harm or potential harm being caused to an individual or to others, instances of sexual abuse of a client by a professional, or records subpoenaed by a court of law, in which case such information will be divulged according to the legal and ethical requirements as described above.
The pharmacists affiliated with Soulfulencounters.com are bound by the legal and ethical requirements of the Ontario College of Pharmacists. All information will be treated as confidential, save and except for instances involving the abuse of prescription drugs, in which case such information will be divulged according to the legal and ethical requirements as described above. Also, any reported instances of child abuse or neglect, instances of harm or potential harm being caused to an individual or to others, instances of sexual abuse of a client by a professional, or records subpoenaed by a court of law, in which case such information will be divulged according to the legal and ethical requirements as described above. Counselors on the Soulful Blogs represent their own views or opinions and not that of Soulful Encounters. Your situation should always be checked out by your own professional advisor i.e. doctor, psychiatrist, pharmacist priest, pastor, social worker, therapist and the like.
10. GOVERNING LAW
This Agreement is entered into in Ontario, Canada. You agree that it will be governed by the laws of the Province of Ontario and any disputes arising out of this Agreement will be subject to the Courts of the Province of Ontario and the Federal Courts applicable within the Province. If any provision of this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.
Soulfulencounters.com is firmly committed to privacy. In order to maintain the Site, we use your IP address (the series of numbers associated with your individual computer), and this IP address does not disclose any personal information about you. Registrants for the Site will be asked for general identifying information which will enable us to provide you with an individualized service. Contact information such as your e-mail address, and demographic information will be obtained when you register for the Site. Your non-personally identifying demographic information is used to personalize our services to you, to allow other members to find you through a search, and to compose your personal profile. Other than e-mails from other members of the Site, your contact information is never available to other members or to other organizations. Your personally identifiable information will never be released to any external organization without your prior consent except for the purposes of validating credit information and collecting payments owing to us. We may disclose your personally identifiable information if we reasonably believe we are required to do so by operation of law, which may include, but is not limited to a judicial proceeding, court order, or legal process served on us. Soulfulencounters.com uses industry standard practices to safeguard the confidentiality of personal identifiable information. We treat data as an asset that must be protected against loss and unauthorized use and we employ many different security techniques to protect such data from such unauthorized use. However, you must be aware that “perfect security” does not exist on the Internet.
Any and all possible copyright infringements such as, but not limited to, text material, pictures, links, music files, Web page information, or group advertisements, used on any and all members’ profile pages are not the responsibility of Soulfulencounters.com. Any copyright infringements will be the sole responsibility of the member.