Terms of Service

Last Updated: February 21, 2021


PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY REGISTERING FOR OR OTHERWISE USING THE SERIVCE, YOU ARE TELLING US THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, INCLUDING OUR PRIVACY POLICIES (TOGETHER THE "TERMS"). If you do not agree with anything we propose in these Terms, please do not use any part of the service.

These Terms of Service ("Terms") are made between you and Soul Theory LLC, its affiliates, successors and assigns (collectively "Soul Theory," "we," "our" or "us") which govern your access to and use of MeritWork?s services, platforms, applications, and payment systems (collectively the "Service"). Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service, including without limitation, users who upload their own materials, photos, and other forms of content on our site?s platform(s) ("User Content").

YOUR USE OF THE SERVICE
By accessing or using the Service you agree to be bound by these Terms and represent and warrant that you are at least eighteen (18) years of age. If you are using the Services on behalf of an organization or entity ("Organization"), then you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, "you" and "your" refers to you and that Organization. You may use the Service only if you can form a binding contract with us and only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations. The Service may change from time to time as we evolve, refine, or add more features to the Service, often without prior notice to you. In addition, we may temporarily or permanently stop providing the Service, or any features within the Service, to you or to users generally and may not be able to provide you with prior notice.

ACCOUNT SECURITY
To utilize our Services, you and your third-party users will be required to register for an account through our website and must provide accurate information and keep your account information updated. You are solely responsible for the activity that occurs on your account for keeping your account password secure. You shall notify us immediately of any breach of security or any unauthorized use of your account.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with us or a third-party service. We encourage you to use "strong" passwords that use a combination of upper- and lowercase letters, numbers, and symbols with your account. You agree not to disclose your password to any third-party. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account by notifying us immediately at admin@soultheory.com.

YOUR CONTENT
Some areas of the Service allow you to post or upload information, text, graphics, photographs, assignments and/or other material ("Content" or, when posted by you, "your Content"), and to share your Content with us and our affiliates. You agree that any Content that you post does not and will not violate rights of any kind, including without limitation any intellectual property rights or rights of privacy. We reserve the right, but are not obligated, to reject and/or remove any Content that we believe, in our sole discretion, violates these provisions.

OUR LICENSE TO YOU OF THE SERVICE
Subject to these Terms, we give you a personal, worldwide, royalty-free, non-assignable, non-sublicensable, and non-exclusive license to use the Services, and access, download, and display all Content therein for your personal, non-commercial purposes. We reserve all rights in the Service not expressly granted in these Terms. We can terminate this license at any time for any reason or for no reason. We may make available software to access the Services via a mobile device ("Mobile Software"). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Service. We do not warrant that the Mobile Software will be compatible with your mobile device. We give you a nonexclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one account on one mobile device owned or leased solely by you, for your personal use. You may not (i) modify, disassemble, decompile, or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute, or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You agree that we may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You agree to the automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms will apply to any upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license end-user license agreement, if any, authorizing use of such code. This license is not a sale of the Mobile Software or any copy thereof, and we and our third-party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). We reserve all rights not expressly granted under these Terms. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the Service. All right, title, and interest in and to the Service (excluding User Content) are and will remain the exclusive property of us and our licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use our name or any of our trademarks, logos, domain names, and other distinctive brand features.

USE OF CONTENT
All User Content in or on the Service, whether publicly posted or privately transmitted is the sole responsibility of the person who originated such Content. We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content or communications posted via the Service or endorse any opinions expressed via the Service. We may not monitor or control the User Content posted via the Service, and we cannot take responsibility for such User Content. If you use or rely on any User Content or materials posted via the Service or obtained by you through the Service, it is at your own risk. Under no circumstances will we be liable in any way for any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content in the Service. It is understood that we do not own or claim any ownership in the User Content. In the event you submit any User Content through the website, you hereby grant a gratis, worldwide, non-exclusive, perpetual, royalty-free, sublicensable and transferable license to use, edit, modify, reproduce, distribute, display, perform and otherwise fully exploit the User Content in connection with the Service. You agree that you are responsible for your use of the Service, for any User Content you provide, and for any consequences thereof, including the use of your User Content by other users and third parties. You understand that if you do not have the right to submit User Content to the Service, doing so may subject you to liability. We will not be responsible or liable for any use of your User Content in accordance with these Terms. You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any User Content that you submit including all necessary rights to upload your User Content for use in accordance with these terms and conditions.

USE RESTRICTIONS
We are trusted by our users, and we trust you to use our Service responsibly. You agree not to misuse the Service. For example, you must not, and must not attempt to do the following things:

  • use the Service for any unlawful purposes or for promotion of illegal activities;
  • post any User Content on the Service in violation of any applicable law, including intellectual property laws and right of privacy or publicity laws, or any contractual obligation;
  • manipulate the price or description of any our services;
  • impersonate others through the Service or otherwise misrepresent your affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
  • publish or post other people?s private or personally identifiable information, such as credit card numbers, street address or social security numbers without their express authorization and permission;
  • send unsolicited communications, promotions or advertisements, or spam;
  • publish or link to malicious content intended to damage or disrupt another user?s browser or computer or to compromise a user?s privacy;
  • access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers;
  • probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; or
  • access or search the Services by any means other than our publicly supported interfaces (for example, "scraping").

We may investigate and/or suspend your account if you violate any of the above rules and/or remove your ability to access the User Content and/or remove your User Content from the site to replace with another image. Furthermore, we reserve the right to immediately terminate your account without further notice in the event that, in our sole and absolute judgment, you violate these Terms and/oror abuse the use of our Service.

REPRESENTATIONS AND WARRANTIES
You are solely responsible for your User Content and any consequences that occur because of your upload or posting of the Content on our site. Each time you upload and/or download User Content, you hereby represent and warrant to us that: (i) you are the creator and owner of the User Content or have all necessary rights from other people or companies to use, and permit other users to use your User Content on the site (if you upload Content); (ii) you will not infringe upon any third-party intellectual property rights, publicity and/or privacy rights in your use of downloaded Content you purchase on the site; and (iii) your User Content does not and will not infringe or misappropriate any third-party right, including copyright and other intellectual property rights, privacy rights, rights of publicity, or moral rights, or slander, defame or libel anyone.

DIGITAL MILLENIUM COPYRIGHT ACT
We comply with the parts of the Digital Millennium Copyright Act that are applicable to internet service providers (17 U.S.C. §512, as amended). If you believe that Content uploaded to or posted on the site infringe any of your copyrights, you may contact our designated agent at the following email address:

Soul Theory, LLC

Email: admin@soultheory.com

Any notice that alleges material hosted by or distributed through the Service infringe intellectual property rights must include the following information: (i) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right that is alleged to be infringed; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of the material that you claim is infringing and where it is located on the Service; your address, telephone number, and email address; (iv) a statement from you that you have a good-faith belief that the use of the alleged infringed Content on the Service of which you are complaining of is not authorized by the copyright owner, its agent, or the law; and (v) a statement by you that the information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner. Upon our investigation, we can may determine at our reasonable discretion to suspend and/or terminate user accounts that involve infringing material.

MODIFYING THESE TERMS
We have the right to make changes to these Terms without advance written notice to you. We may provide, but are not obligated to provide, notices through a pop-up banner and/or by sending an email to an email address associated with your account on the Service, and/or by other means as we deem effective. If you do not accept the new Terms, you may cancel your account at any time.