Terms of Use Agreement

Soulmades.com.au is an online service for adults seeking contact with other adults.

'Soulmades' is a service of Soulmades Pty Limited, ACN 105 574 089, (further referred to as 'Soulmades'). Soulmades's web site is www.soulmades.com.au (Further referred to as 'Site'). 

Your access to the Site is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and any changes to this Terms of Use Agreement (further referred to as "Agreement") that Soulmades may publish from time to time, whether or not you are a registered member of Soulmades (further referred to as 'Member'). By accessing or using this Site in any way, including, without limitation, registering on the Site, purchasing any services through the Site, searching the Site or merely browsing the Site, you agree to and are bound by the terms, conditions, restrictions and limitations of this Agreement and Soulmades’ Privacy Policy. Every time you access the Site, by doing that you confirm your agreement with Soulmades’ Privacy Policy and this Agreement. When registering as a Member, the acceptance of this Agreement is required to complete the registration process. You must familiarize yourself with this information and are encouraged to update your knowledge often.

1. Eligibility
   You must be 18 years of age or older to use the Site. By using the Site, you warrant that you have the right, authority, and capacity to enter into this Agreement. Your use of the Site is conditional upon your acceptance and compliance with this Agreement and Soulmades' Privacy Policy. Soulmades reserves the right, at its sole discretion, to refuse access to the Site to users located in certain countries and to certain individuals, irrespective of their location. 
   
   
2. Content
   All information, text, material, graphics, and software used on the Site (further referred to as "Content") are protected by Australian and international copyright and trademark laws. Except as otherwise explicitly agreed to in writing, the Content received through the Site may be downloaded, displayed, reformatted and printed for your personal, non-commercial use only, through the means of your home computer. You agree not to reproduce, retransmit, distribute, sell, republish, frame, broadcast or circulate the Content received through the Site, without Soulmades' prior written consent. All information published on Soulmades on behalf of its members should be treated as private and confidential and publication of such information on the Site does not imply that this information is in the public domain.
   
   
3. Membership
   Soulmades uses a membership system (further referred to as 'Membership'), designed to offer its users a rewarding and personalized customer experience. To become a Member, you must register with Soulmades. By becoming a registered Member, you receive the facility to post your personal profile and photos and receive communication from other Members. To initiate contact with other members, you must purchase a subscription. All charges for subscriptions are recurrent and can be stopped at any time by using the link "Edit your billing settings" on the Home page of your account.
   
   
4. Communication between Members
   You are solely responsible for your communication with other Members, and any Content you publish on the Site or transmit to other members. Soulmades may from time to time monitor or review the Contents of communication between Members. You agree therefore that your communication with other Members through the Site is public, not private. While Soulmades reserves its right to edit, refuse to post or remove any Content (in whole or in part) that in Soulmades' sole discretion is in any way objectionable or in violation of any applicable or relevant law or this Agreement, Soulmades has no obligation whatsoever to monitor communication between Members or to edit, delete or refuse to post such contents.
   
   
5. Disputes between the Members
   Soulmades accepts no responsibility whatsoever for any disputes you may have with other Members. Soulmades may, at its sole discretion, monitor such disputes but it is not obliged to do so.
   
   
6. Restrictions of the use of the Site
   While using the Site, you must comply with any and all applicable or relevant laws and regulations. You are prohibited from using the Site for any illicit or deceitful activities, or activities that do not comply with the purpose of the Site as an online service for adults seeking contacts with other adults, including without limitation: 
   - Posting or transmitting any content that you know is false or misleading; 
   - Posting or transmitting any content that is offensive, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent; 
   - Posting or transmitting any content including without limitation that would constitute or encourage a criminal offence, give rise to civil liability or otherwise violate any applicable or relevant law; 
   - Posting or transmitting any content that violates or infringes upon the rights of any person; 
   - Posting or transmitting any content that is promoting racism, discrimination, chauvinism, or hatred against any individual or group; 
   - Posting or transmitting any content that violates or infringes copyrights or any other intellectual property rights; 
   - Posting or transmitting any content that contains viruses or any other harmful components; 
   - Transmitting any chain letters, promotional or commercial emails to other Members; 
   - Harassing or abusing any Member. 
   
   Soulmades reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable law.
   
   
7. Other restrictions
   While Soulmades has no facilities to monitor the conduct of its Members off the site, it is also a breach of this Agreement to use any contacts entered through the Site for any illegal activities, abusing, harassing or harming another person.
   
   
8. User license to Soulmades
   By posting any Content to the Site or on the Site (including without limitation inputting data, posting messages, sending emails, photos, or letters, uploading files, or engaging in any other form of communication with the Site or through the Site), you grant to Soulmades, and you warrant that you have the right to grant, a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to use, copy, redistribute, adapt, transmit, publish, display, and broadcast this Content, and prepare derivative works from this Content, as well as sublicense the unrestricted right to exercise any of the foregoing rights granted, to any third party, in regard to this Content.
   
   
9. Links to other websites
   The Site contains links to third party websites and advertisements with such links. These linked websites are not under control of Soulmades and Soulmades is not responsible for the contents of any linked web site. The inclusion of the link or advertisement on the Site does not imply any endorsement of the linked website, and Soulmades has no knowledge of those web sites and/or their products. You should refer to the relevant advertiser for the product information and customer support.
   
   
10. Termination
    This Agreement is effective until terminated by Soulmades or a Member. Soulmades may terminate your access to the Site at any time, for any reason without notice, including without limitation our good-faith belief that you have violated this Terms of Use Agreement. In the event of termination, you will be no longer authorized to access the Site, but this Agreement will remain in effect and all restrictions imposed on you, licenses granted by you and all Soulmades disclaimers and limitations of liability set out in this Agreement will survive. If Soulmades terminates your Membership because you have breached the Agreement, you will not be entitled to any refund of the fees that you paid to Soulmades, but you will be still legally bound by this Agreement. If you have registered with Soulmades as a Member, you may terminate your Membership at any time, for any reason. In order to terminate your Membership you must delete your profile from the Site by clicking on the link 'Click here to DELETE your profile' on the Home page of your account and following the instructions.
    
    
11. Disclaimer and limitation of liability
    - The Service and Content are provided "as is", without warranties of any kind, either express or implied; 
    - Soulmades does not warrant that your use of the Site will be uninterrupted or error-free, that any defects will be corrected or that the Site and its server are free from viruses or any other harmful components; 
    - Soulmades does not warrant any Content in terms of correctness, accuracy, timeliness, or completeness; 
    - Soulmades expressly disclaims warranties of any kind including without limitation implied warranties of merchantability and fitness for a particular purpose. Under no circumstances, including without limitation any act or negligence on the part of Soulmades, will Soulmades or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use, or any inability to use the Site or any Content. The Content is published for information only without assuming a duty of care. Soulmades is not in the business of providing professional advice, and gives no warranty, guarantee or other representation about the accuracy of any Content. Soulmades is not liable for errors, omissions, delays, interruptions or cessation of the services through negligence or otherwise. You expressly acknowledge and agree that Soulmades does not exercise control over its Members and is not liable for their opinions including any offensive or defamatory statements, or any other Content provided by its Members, nor is Soulmades responsible for the behavior of its Members on and off of the Site. Soulmades does not check the accuracy of the Contents provided by the Members, nor is it obliged to do so. To the extent permitted by law, Soulmades disclaims liability to all persons in relation to any loss or damage suffered through their use of the Site or communication with other Members. To the extent permitted by law, in the case of services supplied or offered by Soulmades, its liability for breach of any implied warranty or condition that cannot be excluded by the law is limited, at the sole discretion of Soulmades, to the supply of the services again, or the payment of the cost of having the services supplied again.
    
    
12. Indemnification
    If Soulmades suffers any loss or damage or incurs any costs in connection with any breach of this Agreement or any other legal obligation incurred due to your acts or negligence, then you agree to indemnify Soulmades for those losses, damages and costs.
    
    
13. Arbitration
    This agreement will be governed by and construed in accordance with the laws of Queensland, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.
    
    
14. Changes to this Agreement
    Soulmades may choose to change the terms, conditions and operation of this Agreement anytime, such modifications to be effective upon posting on the Site.
    
    
15. Other rights
    All rights not expressly granted herein are reserved.