TERMS AND CONDITIONS OF USE
These Terms were most recently updated on, and are effective as of: July 14, 2021
SECTION 1: DEFINITIONS
For purposes of these Terms and Conditions of Use the following words or phrases have the meanings respectively ascribed to them as set forth herein:
Content means all information, data, metadata, and other content that is contained in, available from, provided by, submitted to, or generated by the Website, including but not limited to: text, data, software, sounds, photographs, video, graphics, or other material, whether or not presented to you.
Prohibited Content includes any Content that is or could reasonably be construed as:
- Intentionally false, misleading, or deceptive;
- Libelous, defamatory, or slanderous;
- Profane or containing gratuitous violence;
- Obscene, pornographic, profane, or gratuitously depicting violent or sexual activity;
- Incitement or encouragement of, involvement in, or conspiracy to commit any criminal or otherwise illegal activity, or to take action that could foreseeably incur legal liability;
- In violation of any patent, copyright, trademark, or other intellectual property right;
- Intentionally insulting, demeaning, disparaging, discriminatory, abusive, or hostile to any individual, identifiable group of individuals, or their traditions, customs, common practices, or distinctive characteristics;
- Threatening, harassing, bullying, or abusive;
- So objectionable under prevailing community standards as to foreseeably result in distress, harm, or suffering to others; or
- Gratuitously disparaging of SoapBox Detroit or the Website, or any part thereof, or indicating, suggesting, or implying that any product, service, individual, or entity is endorsed or recommended by SoapBox Detroit or the Website for any purpose.
Services means all functions, features, and capabilities of the Website that enable any activities or other use of the Website. Services may include but are not limited to: review, reproduce, or disseminate Content; submit or post communications or other information to the Website or to any third party via the Website, receive communications or other information from the Website or to any third party via the Website.
SoapBoxDetroit means the entities and individuals that own, operate, and administer the Website, including its owners, officers, employees, agents, and contractors.
Terms means the complete current version of the terms and conditions of use set forth herein.
Third Party means an individual or entity other than SoapBox Detroit or the Users.
User means any individual or entity that visits, reads, reviews, gains information from, posts or contributes information to, links to, or in any other way accesses the Website.
User Content means any Content that any User either (1) uploads, posts, publishes, or otherwise submits to the Website, or (2) transmits to another individual, whether or not that individual is also a User, by means of submission to the Website.
Website means the complete website within the domain located at “SoapBoxDetroit.com” including all webpages, content, services, features, and functions contained therein.
SECTION 2: INTRODUCTION
Thank you for accessing SoapBoxDetroit.com! Please be aware that by accessing the Website, you are a User of the Website. These Terms constitute a legal binding agreement between SoapBoxDetroit and each User of the Website, including you. These Terms govern the use by Users of all aspects of the Web Site, unless otherwise specified herein. As a User, it is your responsibility to read and understand these Terms as a condition of your use of the Website.
SECTION 3: YOUR ACCEPTANCE OF THESE TERMS
Your accessing of the Website constitutes your agreement to be bound by these Terms in their entirety without exception or reservation. If you do not agree to these Terms, your sole recourse is to immediately cease use of the Website. SoapBoxDetroit’s continued operation of the Website for your use, and your continued use of the Website constitutes mutual consideration under this agreement.
These Terms may be amended, revised, or otherwise updated at any time without prior notice to you. Unless otherwise stated therein, all updates to these Terms will become immediately effective upon their publication on the Website. Your access and continued use of the Website following any update to these Terms constitutes your acceptance of and agreement to these Terms, as updated.
SECTION 5: LIMITATIONS ON USE
You must understand that, unless otherwise noted, all Content may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws that are owned, controlled or licensed by SoapBoxDetroit, or by the party credited as the creator or provider of the Content. You agree that you may use the Content solely for your personal use or in the regular course of your research and other related work, including the incorporation of portions of the Content in your own work product. In doing so, you must keep intact all copyright and other proprietary notices. You must not copy, distribute, display, perform, reproduce, republish, create derivative works from, transfer, or sell all or any portion of the Content, except to the extent permissible under all applicable intellectual property protections.
You agree that you must not use any robot, spider, other automatic device, or any manual process to monitor or copy the Website or the Content, or any portion thereof, or replicate any of the Services, without prior written permission of SoapBoxDetroit.
You must understand that the Website, including all Content and Services, is provided to you strictly for informational purposes only, solely as a matter of convenience, and you agree to use the Website solely for such informational purposes. To that end, you must understand that the Website, including all Content and Services, is subject to change at any time without notice. SoapBox Detroit expressly disclaims any and all responsibility for the accuracy, completeness, reliability, or timeliness, or lack thereof, of any Content, even if such content was accurately provided to it. Assessing the accuracy, completeness, reliability, or timeliness of all Content is solely your responsibility.
You must understand that the Website, including all Content and Services, is NOT does not constitute and is not intended to serve as legal or financial advice in any capacity, or as advice for any particular purpose, and you agree to not use or rely upon the Website as such.
You must understand and agree that although Website, including certain Content and Services, may describe various governmental functions or activities or summarize governmental information, including public laws, rules, regulations, orders, notices, records, or other publications, NONE of the Content constitutes or represents, and you agree to not use or rely upon the Website, including any Content and Services, an official representation of governmental activities or official governmental publication, unless it is clearly and expressly marked as such.
You must understand and agree that although certain Services may enable or facilitate Users’ engagement or other form of communication with governmental entities, departments or officials, NONE OF the Services constitutes or represents, and must not be used or relied upon as, an official means of communication for any governmental purpose. SoapBox Detroit is not an agent of any governmental entity or official and neither the Website nor any Services have been sanctioned by any governmental entity or official. As such, a governmental entity or official’s acceptance of any engagement or communication made by means of the Website or any Services is at their sole discretion.
You may provide links to the Website, whether from another website, social media post, or other publication in any medium. You agree that doing so in any instance is subject to all of the following conditions: (a) the link directs to the Website’s homepage, located at “https://soapboxdetroit.com”; (b) you do not remove or obscure, by framing or otherwise, any portion of the Website, including advertisements, links to these Terms, copyright notices, or other notices on the Web Site; (c) you provide prior written notice to SoapBoxDetroitof such link by sending an email to: firstname.lastname@example.org; and (d) you acknowledge that SoapBox Detroit may request that you refrain or discontinue providing links to the Website at any time and for any reason in its sole and absolute discretion, and you agree to refrain from or immediately discontinue providing links to the Website upon such request by SoapBox Detroit.
You understand that SoapBox Detroit is not a consumer reporting agency and none of the Content or Services provided via the Website constitute a “consumer report” as such term is defined in the Federal Fair Credit Reporting Act (FCRA), 15 U.S.C. sec. 1681 et seq. The Content available to you must not be used as a factor in consumer debt collection decisioning, establishing a consumer’s eligibility for credit, insurance, employment, government benefits, or housing, or for any other purpose authorized under the FCRA. You agree to refrain from using Website, including its Content and Services, for any purpose authorized under the FCRA or in relation to taking an adverse action relating to a consumer application.
SECTION 6: USER ACCOUNTS
Access to certain Content, Services, or other portions of the Website may require your registration and creation of a User account. You must understand that the particular portions of the Website for which registration is required is in SoapBox Detroit’s sole discretion and may change at any time. By your registration, you agree that all registration information is accurate and complete. It is your responsibility to inform SoapBox Detroit of any inaccuracies or changes to that information.
You must understand and agree that your User account is for your individual use only, and that you are strictly prohibited from permitting, allowing, authorizing, assisting, or otherwise enabling (a) any User other than you to access any portion of the Website requiring registration through your account, or (b) any multiple Users on a network or otherwise, to access any portion of the Website requiring registration through any single User account, whether or not such account is yours. You are responsible for preventing all such unauthorized use. If you believe there has been unauthorized use of your or another User account, you agree to immediately notify the SoapBox Detroit by sending an e-mail to email@example.com.
You must understand that SoapBox Detroit enables Users to register for and maintain accounts as a Service merely for their convenience. You agree that neither you nor any other User has any right to the creation or maintenance of any such account and SoapBox Detroit bears no obligation to create or maintain such an account for any User, including you. You agree that SoapBox Detroit may refuse to create a new account and may suspend, terminate, or modify the terms of any existing User account at any time for any reason in its sole discretion, whether or not for violation of these Terms.
SECTION 7: USER CONTENT
The Website may provide certain Services by which Users can create User Content and submit such content to the Website. By submitting any User Content to the Web Site, you agree to grant, or warrant that the owner of such rights has expressly granted, to SoapBoxDetroit a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, sub-license, create derivative works from, distribute, perform and display such content, in whole or in part, and to incorporate such content into other works in any form, medium or technology now known or later developed, throughout the world.
You must not submit to the Website any User Content that constitutes or could foreseeably constitute Prohibited Content. Further, you must not submit to the Website any User Content that you do not have a legal right to transmit under all applicable laws or under any applicable contractual or fiduciary relationship, including but not limited to proprietary or confidential information or information that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. You warrant to SoapBox Detroit that no User Content submitted by you to the Website contains any content described in this paragraph.
SoapBox Detroit does not pre-screen User Content and accepts no obligation to do so, but reserves the absolute right, in its sole discretion, to refuse or remove any User Content, whether or not it constitutes Prohibited User Content. You must accept full and exclusive responsibility for all User Content that you upload, post or otherwise submit to the Website.
SECTION 8: THIRD PARTY CONTENT AND LINKS TO THIRD PARTY SITES
Third Party Content may appear on the Website or may be accessible via links that appear on the Website. SoapBox Detroit expressly disclaims any responsibility for, and will assume no liability for, any Third Party Content that constitutes, or could in the future constitute, Prohibited Content. You must understand that no Third Party Content is endorsed by SoapBox Detroit and does not necessarily reflect the beliefs, opinions, or positions of SoapBox Detroit or any User, and you agree to refrain from attributing any Third Party Content to SoapBox Detroit or any User.
SECTION 9: MODIFICATIONS TO WEBSITE, CONTENT, OR SERVICES
SoapBox Detroit reserves the right to create, modify, expand, restrict, suspend, or discontinue, all either temporarily or permanently, the Website, including any Content and Services, at any time in its sole discretion for any reason or no reason at all, and without notice. You must understand that SoapBox Detroit disclaims all liability to you or any third party for any such actions related to the Website, including its Content and Services, and you agree to refrain from imposing or taking any action in pursuit of imposing such liability on SoapBox Detroit in relation to any such action.
SECTION 10: TERMINATION
You agree that SoapBox Detroit may, at any time and without notice, terminate or restrict your use of or access to the Website, including any Content and Services, in its sole discretion for any reason, including without limitation, its belief that you have violated or acted inconsistently with the letter or spirit of these Terms, or no reason at all. The provisions of Disclaimer, Limitation of Liability, and Indemnification shall survive such termination.
SECTION 11: DISCLAIMER
YOU UNDERSTAND AND AGREE THAT THE WEBSITE, INCLUDING ALL CONTENT AND SERVICES, IS PROVIDED ON AN AS-IS, AS-AVAILABLE BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE OWNERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. THE OWNERS DO NOT WARRANT THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER(S) THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE OWNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT OR SERVICES ON THE WEBSITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, OR OTHERWISE. YOU ASSUME THE ENTIRE COST FOR ANY AND ALL DAMAGES TO YOUR COMPUTER SYSTEM OR ANY LOSS THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT FROM THE WEBSITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
SECTION 12: LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, MAY SOAPBOX DETROIT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT ON THE WEBSITE, EVEN IF SOAPBOX DETROIT OR AN AUTHORIZED REPRESENTATIVE THEREOF MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW. IN NO EVENT MAY SOAPBOX DETROIT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE.
SECTION 13: INDEMNIFICATION
You agree to indemnify, defend and hold harmless SoapBox Detroit, as well as its subsidiaries, affiliates, agents, partners, owners, employees, licensors, licensees, suppliers, and any Third Party Content providers to the Website from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms or from your use of the Website.
SECTION 14: MISCELLANEOUS
(a) Entire Agreement
These Terms set forth the entire understanding between you and SoapBoxDetroit and supersedes prior agreements, communications, and representations between you and the Owners regarding the subject matter contained herein.
(b) Applicable Laws
These Terms are governed by and must be interpreted in accordance with the laws of the State of Michigan without regard to its conflict of laws provisions. Any controversy or claim arising out of or relating to these Terms shall be resolved in a state or federal court located in the County of Wayne in the State of Michigan and you agree to submit to the personal and exclusive jurisdiction of such courts. Regardless of any statute or law providing a longer limitation, you agree that any claim or cause of action arising out of or related to these Terms must be filed within one (1) year after such claim or cause of action arises, or will be barred forever.
The failure by SoapBox Detroit to strictly enforce against every breach of every provision of these Terms must not be construed as a waiver of any such breach, or any subsequent breach, by you or any other User. If any provision of these Terms is unlawful, void or unenforceable under Applicable Law, then that provision may be severable from the remaining provisions and will not affect their validity and enforceability.
The headings contained herein have been inserted as a matter of convenience for reference only and do not control or affect the meaning or construction of any of the terms or provisions herein.
(e) Copyright Notice
All Content within the Website is protected by copyright law except where explicitly noted otherwise. All rights reserved.
(f) Reservation of Rights
All rights not expressly granted herein are reserved.
(g) Contact Information
By e-mail: firstname.lastname@example.org
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