Terms of Service
ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT, YOU AGREE THAT DISPUTES BETWEEN YOU AND SOLEBRITY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Our services are only available to persons aged 13 and over. Any access to or use of the Solebrity website, mobile applications or any other services by anyone under 13 is expressly prohibited. By accessing or using the Solebrity services you represent and warrant that you are 13 or older. You will not use Solebrity if you are located in a country or territory embargoed by the U.S., or are on the U.S. Treasury Department's list of Specially Designated Nationals. You will not use Solebrity if you are a convicted sex offender.
In order to access certain features of the app, applications and services and to post any member content on the app, applications or through the Services, you must create an account ("Account") on Solebrity. You may create an account on Solebrity or with certain third party social network providers, including Facebook and Twitter (collectively, "SNP"). When you create an account through your SNP account, you will be asked to login to the Services using your SNP account credentials. By creating an Account via your account with an SNP, you are allowing Solebrity to access your SNP account information and you are agreeing to abide by the applicable terms and conditions of your SNP in your use of the Services via such SNP. Members have the option to disable the connection between their Solebrity Account and SNP account at any time by accessing the SNP account and disconnecting access to the Services. You will not share your password, let anyone else access your Account, or do anything else that might jeopardize the security of your Account. You will not transfer your Account to anyone without first getting our written permission. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
Site and Content Usage
Solebrity grants you a limited license to access and make personal use of the site and not to download (other than page caching) or modify it, or any portion of it, except with express, prior written consent of Solebrity. This license does not include any resale or commercial use of this site or its contents any collection and use of any product listings, descriptions, or prices any derivative use of the site or its contents any downloading or copying of account information for the benefit of another merchant or any use of data mining, robots, or similar data gathering and extraction tools. The site or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express, prior written consent of Solebrity. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Solebrity without our express, prior written consent. You may not use any meta tags or any other “hidden text” utilizing any of Solebrity’s names or trademarks without the express, prior written consent of Solebrity. Any unauthorized use terminates the permission or license granted by Solebrity. You are granted a limited, revocable, and nonexclusive right to create a social referral link to the home page of Solebrity.me, whether that be via email or social network providers (SNPs), so long as the link does not portray Solebrity, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Solebrity logo or other proprietary graphic or trademark as part of the link without Solebrity’s consent.
You also agree not to do any of the following: (i) Access, tamper with, or use non-public areas of the site or application, our computer systems, or the technical delivery systems of our providers; (ii) Attempt to probe, scan, or test the vulnerability of any Solebrity system or network or breach any security or authentication measures; (iii) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Solebrity or any of our providers or any other third party (including another user) to protect the site, application or site content; (iv) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation; (v) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the site, application, or site content to send altered, deceptive or false source-identifying information; (vi) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the site, application or site content. (vii) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the site or application; (viii) Collect or store any personally identifiable information from the site or application from other users of the site or application without their express permission; (ix) Impersonate or misrepresent your affiliation with any person or entity; (x) Violate any applicable law or regulation; or (xi) Encourage or enable any other individual to do any of the foregoing. Solebrity will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Solebrity may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Solebrity has no obligation to monitor your access to or use of the site, application, services or site content or to review or edit any site content, but has the right to do so for the purpose of operating the site, application, services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Solebrity reserves the right, at any time and without prior notice, to remove or disable access to any site content that Solebrity, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the site, application, services.
You agree to defend, indemnify, and hold Solebrity, Inc., its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the site, applications, services or site content and/or your violation of these Terms.
Solebrity and/or its users may provide hyperlinks to other sites, social network providers (SNPs), and services maintained by third parties, or Solebrity may provide third-party content on the site or through SNPs by framing or other methods. THE REFERAL LINKS AND LINKS TO THIRD-PARTY SITES AND SNPS ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. IF YOU DECIDE TO ACCESS ANY OF THE THIRD-PARTY SITES OR SNPS LINKED TO THE SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
Copyrights and Trademarks
The trademarks, service marks and logos used and displayed on the site, application, services are Solebrity’s, or its subsidiaries’ or affiliates’, registered and unregistered trademarks. Solebrity is the copyright owner or authorized licensee of all text and all graphics contained on the site. All trademarks and service marks of Solebrity that may be referred to on the site, application, services are the property of Solebrity. Other parties’ trademarks and service marks that may be referred to on the site are the property of their respective owners. Nothing on the site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Solebrity’s trademarks or service marks without Solebrity’s prior written permission. Solebrity enforces its intellectual property rights. Neither the name of Solebrity nor any of Solebrity’s other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the site or otherwise, without Solebrity’s prior written permission.
Termination of Service
When you visit the site, application, services or send e-mails to us, you are communicating with us electronically and you hereby consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Limitation of Liability
SOLEBRITY’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE SITE AND/OR ANY SERVICES PROVIDED IN CONNECTION WITH THE SITE SHALL BE THE CANCELLATION OF YOUR USER ACCOUNT. IN NO EVENT WILL SOLEBRITY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SITE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE SITE, INCLUDING, BUT NOT LIMITED TO, (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, AND/OR (V) ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY OR FOR ANY LOSS OR DAMAGE OF ANY KIND. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS SOLEBRITY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. You are solely responsible for your interactions with other users of the site, application, services and third parties including brands and merchants. Solebrity reserves the right, but has no obligation, to monitor, or take any action Solebrity deems appropriate regarding, disputes between you and other users or third parties including brands and merchants. To the extent permitted under applicable laws, you hereby release Solebrity from any and all claims or liability related to: (a) any User Content posted on the site or (b) the conduct, whether online or offline, of any third party or other user. In connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” (c) The site, application, services is not a substitute for the advice of a competent legal professional. If legally binding advice is being sought, please retain the services of your own lawyer.