Terms of Service

JSoul Terms of Service

(version 090326)

The JSoul web site is a service for single adults to meet each other and is operated by Bold Plan LLC ("JSoul" or "us" or "we"). By using the JSoul web site, (the "Website") or any part of the Jsoul service either becoming a member of JSoul (a "Member") or browsing as a guest (collectively, the "Service"), you agree to be bound by the terms listed below, the JSoul Privacy Policy, The Acceptable Use Policy (set forth below), and all notices or disclaimers or other documents referenced in these Terms of Service (this "Agreement"). IF YOU DO NOT AGREE WITH ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU CANNOT USE OUR WEBSITE OR SERVICE. THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE SUBJECT TO CHANGE BY JSOUL AT ANY TIME AND ARE EFFECTIVE UPON POSTING THESE CHANGES ON THE JSOUL WEBSITE. EACH TIME YOU USE THE SERVICE YOU EXPLICITLY AGREE TO ALL THE TERMS AND CONDITIONS OF THE AGREEMENT SO PLEASE READ THIS AGREEMENT CAREFULLY EACH TIME YOU USE THE SERVICE.

1. Eligibility. In order to use the Services you must be (a) at least eighteen (18) years of age, and (b) have the authority and capacity to enter into a binding agreement, and (c) are single or separated from your spouse in order to register as a member of JSoul or use the Website. MINORS MAY NOT USE THE SERVICE. You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by all of its terms and conditions. Your membership for the Service is for your sole personal use. You may not authorize others to use your Member account or benefits and you may not assign the same to any other person or entity. You are also entirely responsible for maintaining the security and confidentiality of your information and password. You agree that you will immediately notify JSoul should your password or any of your information be compromised and of any unauthorized use. JSoul will not be liable for any loss or damage arising from your failure to comply with this provision.

2. Access and Retention. You are solely responsible to arrange and to pay for any service fees associated with your ability to access JSoul as well as any other equipment necessary to connect to the Service. You are responsible for ensuring that that your equipment, software and use do not disturb or interfere with our operation of the Service. In the sole discretion of JSoul, any equipment, software or otherwise usage that may cause any interference with the Service, shall result in immediate disconnection from the Service.

3. Membership and Subscriptions. You may become a Member of the Service at no cost and, at present, the majority of our Service is free. We have a right to change this policy at any time and any fees for access that we may charge, which shall be clearly posted on the Website and contained within our Help section. Please note that any subscription policies are deemed part of this Agreement. From time to time, JSoul may remove the profiles of non-subscribers. When and if you register to become a Member, you agree to provide accurate, current and complete information about yourself and to maintain and update your information to keep it accurate, current and complete ("Registration Data".) You agree that we may rely on Your Registration Data as accurate, current and complete and that if Your Registration Data is untrue, inaccurate, not current or incomplete in any respect, we may terminate this Agreement and Your use of the Service and you shall not be entitled to a refund of any unused subscription fees. Take notice that we do not verify information in profiles and have no control over, do not guarantee, and are not responsible for the quality, truth, accuracy, legality or safety of Members.

4. Term and Termination. This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time via the Website or by contacting us via email or postal mail with written notice of termination. More information on termination of your account can be found in our Help section. JSoul may terminate your membership and/or any subscriptions you may have by sending notice to you at the email address you provide in your application for membership or such other email address as you may later provide to JSoul. If JSoul terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made in the sole discretion of JSoul and JSoul is not required to provide you prior notice of or reasons for the termination of your membership and/or subscription. Even after your membership or subscription is terminated, this Agreement will remain in effect and all terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.

5. Proprietary and Intellectual Property Rights. You alone are responsible for your conduct on JSoul and for all the content you provide. Content may be provided to and appear on JSoul as text, graphics, images, audio, video, digital files, software or in other format ('Submissions'). JSoul does not endorse any Submissions that may appear on or through the Service and makes no warranties, express or implied, as to their accuracy and reliability. JSoul expressly disclaims any and all liability in connection with any and all such Submissions.

(a) About the Content You Provide. By uploading, posting or otherwise transmitting your Submissions, you grant JSoul (and its successors) a royalty-free, fully-paid, free of charge, perpetual, irrevocable, transferable, worldwide, non-exclusive right (including any moral rights) and license to use, store, license, reproduce, modify, adapt, publish, translate, create derivative works from, to grant and authorize sub-licenses of the foregoing, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also permit and grant such rights, free of charge, to any visitor or subscriber to access, display, view, store and reproduce such content for personal use, as permitted by the Service and under these Terms of Service.

(b) About Other Content. Other than Submissions you provide to JSoul, all content, software, scripts, images, graphics, audio, video and other materials in any form (collectively "JSoul Content") are protected by copyrights, trade or service marks, patents or other proprietary rights and are owned by or licensed to JNation, subject to intellectual property rights under United States and international laws and conventions. You understand and agree that all JSoul Content is provided to you solely on an AS IS basis for your personal use only and may not be copied, reproduced, distributed, broadcast, displayed, sold, licensed or otherwise used or exploited for any purpose and in any manner without the prior written consent of JSoul or respective owners. JSoul reserves all rights not expressly granted to you. If you download, print or display any JSoul Content for personal use, you must retain all copyright and other proprietary notices.

(c) Reliance on Content and Profile Information. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE AND WE NEITHER ADOPT NOR ENDORSE, NOR ARE WE RESPONSIBLE FOR, THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN JSOUL. UNDER NO CIRCUMSTANCES ARE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANY PERSON'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE OR TRANSMITTED TO MEMBERS.

6. Representations About the Content You Provide. When you provide any Submissions to JSoul, you understand and accept complete responsibility for your Submissions, including any and all consequences that may arise. As such, you represent and warrant that:
  • the information posted in your profile, including any photographs, audio, video or other media, is posted by you and that you are the exclusive author of your profile; and
  • you own exclusively or have secured all necessary licenses, rights, consents and permissions for such Submissions and authorize JSoul to make use of these Submissions in the manner contemplated by the Service and these Terms of Service; and
  • you have explicit permission, such as a signed, written consent and/or release of every person that may appear within the Submissions for JSoul to use the Submissions, including the names and likeness of those persons, in the manner contemplated by the Service and these Terms of Use; and
  • you waive any and all moral rights to be identified as author of your profile and owner of your photograph and any similar rights in any jurisdiction in the world.

7. Prohibited Content Submissions and Additional Website Usage Policies. The following contains the JSoul Acceptable Use Policy. JSoul reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. You understand and agree that JSoul may review and delete any Submissions, in each case in whole or in part, that in the sole judgment of JSoul violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.

(a) You may not create a user name, post, upload, email or otherwise transmit to JSoul Submissions of any kind that is, within the sole discretion of JSoul, determined to be commercial, illegal, offensive or potentially harmful to others including but not limited to the following:
  • infringing upon the rights of any third party, including but not limited to copyrights, trademarks, patents, trade secret, design rights, moral rights or other third party proprietary rights, including privacy and publicity rights;
  • promoting infringement of copyright or other third party rights, e.g. providing a list of hyperlinks to websites that contain pirated software or media files, hacking/cracking, etc.;
  • material that contains software viruses or any other malicious computer code, files or programs designed to interrupt, destroy or alter the functionality of any computer software or hardware or telecommunications equipment owned by another party;
  • offensive, abusive, threatening, harassing, stalking, promoting violence or racism or harm or hatred or bigotry against any group or individual;
  • libelous, defamatory, false, misleading, inaccurate or promotes information that you know is false or illegal;
  • violates the privacy of others, including but not limited to posting the photograph of another person without that person's consent;
  • conduct that may be considered "stalking" or otherwise harassing to any person;
  • solicits information from anyone under 18;
  • provides any telephone numbers, street addresses, last names, URLs or email addresses;
  • obscene, vulgar or contains profanity (whether or not such is masked, e.g. JS**l);
  • pornographic or sexually explicit or contains nudity;
  • exploits or attempts to exploit people in a sexual or violent manner;
  • disparaging to JSoul or any third party;
  • an advertisement, a marketing initiative, solicitation of a business, or otherwise significantly connected with any commercial purpose;
  • involves the transmission of any unsolicited mass mailing including but not limited to 'junk mail,' 'chain letters' and 'spam';
  • contains restricted or password only access pages;
  • video media or files that are longer than 10 minutes in duration or audio media or files that are longer than 30 seconds in duration;
  • selling, promoting or encouraging the use of beer or hard alcohol, tobacco or related products, prescription drugs, narcotics or drug paraphernalia, replicas or imitations of designer goods, weapons (including firearms, ammunition, brass knuckles, throwing stars, knives, etc.), gambling or casino-related content;
  • unlawful or illegal, criminal or tortious in nature (such as child pornography, fraud, gambling);
  • otherwise objectionable material or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation.

(b) You must agree to adhere to all of the following guidelines and requirements:
  • No Commercial Use. The Service is only for personal use of its members and may not be used in connection with any commercial endeavors unless explicitly approved by JSoul. You may not place or transmit commercial advertisements, affiliate links or any other forms of solicitation on JSoul, including within personal member profiles, without explicit written authorization of JSoul;
  • No Data Harvesting or Mining. You may not perform or cause to be performed any manual or automated system, including but not limited to 'robots', 'spiders', 'offline browsers' or any other data harvesting activity or screen scraping or indexing, nor may you cause more requests to be made of the Service than could reasonably be made by a human manually operating a web browser;
  • No Unsolicited Mailing or Marketing. You may not post, upload, email or otherwise transmit to or otherwise cause JSoul to email, transmit or otherwise distribute chain letters, surveys or studies, solicitations, junk mail, pyramid schemes, incentives (monetary or click-based), spimming or spamming, or bulk communications of any kind, whether or not for commercial or non-commercial purposes.;
  • No Solicitation or Provision of Personal Information. You may not use the Service in connection with any effort to solicit passwords or personal information from any user of the Service under the age of 18. or to obtain any telephone numbers, street addresses, last names, URLs or email addresses;
  • No Unauthorized Manipulation of the Service. You may not in any way (i) manipulate identifiers or forge headers in order to disguise the origin of any content or digital media transmitted through the Service, or (ii) obscure, cover or otherwise conceal any advertisements served by or for JSoul that may appear on your personal member page or any page on JSoul via HTML, CSS, Javascript or any other means, or (iii) circumvent, disable or otherwise interfere with any security measures which may limit, restrict or prevent use or copying of any Submissions or enforce limitations on the use of the Service, (iv) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or cause others to do so; or (v) deceptively manipulate content, such as to improve page rank in search engines, include excessive, repetitive, or irrelevant keywords in the content or code of web pages, etc.;
  • No Impersonation or Fictitious Profiles. You may not impersonate any other person or entity (whether actual or fictitious), otherwise create a profile that provides any fictitious or false information, including but not limited to a false age, or falsely represent an association with another person or entity without the explicit authorization of such person or entity;
  • No Sale or Transfer of Profiles. You are strictly prohibited from selling or otherwise transferring your profile;
  • No Unauthorized Linking or Framing. You will not (i) replicate the Service's content or structure; (ii) frame or border environment around any of the Service's content; (iii) misrepresent any relationship with JSoul or imply that JSoul is connected to or endorses your products, services or other offering;
  • You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.

Despite these prohibitions, Submissions and/or websites that link to JSoul that may violate these Terms of Use may be available on the Service and JSoul assumes no responsibility or liability. If you become aware of such Submissions, please contact JSoul by using our contact form, email or other
method.

8. Modifications to Service. JSoul reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that JSoul shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

9. Blocking of IP Addresses. In order to protect the integrity of the Service, JSoul reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Website.

10. Copyright Infringement Policy. Provided proper notification, JSoul will remove Submissions that infringe upon the intellectual property rights of another and reserves the right to remove Submissions without prior notice. JSoul assumes no responsibility for monitoring the Service. In the event it chooses to do so at its discretion, JSoul assumes no responsibility for the Submissions or any obligation to remove any inappropriate Submissions or any responsibility for the conduct of a member submitting inappropriate Submissions. At its sole discretion, JSoul may remove any Submission and/or terminate a member's account for violating any of these Terms of Use at any time and without notice. JSoul will terminate a member's account who is determined to have been notified of infringing activity more than twice and/or has had a Submission removed from the Service more than twice for infringing activity. JSoul reserves the right, but not the obligation, to take any appropriate legal action for any illegal or unauthorized use of the Service or violation of the Terms of Use.

8. Claims of Copyright Infringement. If you believe in good faith that any material provided through the Service infringes upon your copyright, you may send notice to JSoul requesting that the material or access to the material be removed, pursuant to the Digital Millennium Copyright Act ("DMCA"), by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) and http://www.loc.gov/copyright for further details). The notice must include all of the following:
  1. an electronic or physical signature of the copyright owner or person authorized to act on behalf of the copyright owner;
  2. sufficient identification of the allegedly infringing material;
  3. sufficient information as to the location of the allegedly infringing material so that it may be found and identified;
  4. the complainant's name, address, telephone number and, if possible, your email address;
  5. a written statement by the complainant of a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
  6. a statement by the complainant, under the penalty of perjury, that the information in the notification is accurate, and under penalty of perjury, that the complainant is the owner or is authorized to act on behalf of the owner of the copyright that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send JSoul a counter-notice. All notices with respect to JSoul should be sent to The Law Network LLC, PO Box 237137 New York, NY 10023. For expedition, you may also file an additional copy using our contact form. JSoul suggests that you consult your legal adviser before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

9. Member Disputes. You are solely responsible for your interactions with other Members. JSoul reserves the right, but has no obligation, to monitor disputes between you and other Members.

10. Privacy. Use of the Website and/or the Service is also governed by our Privacy Policy.

11. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. JSOUL AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ADVERTISERS AND PROMOTERS (HEREINAFTER 'JSOUL GROUP') DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES WILL THE JSOUL GROUP BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM THE USE OF THIS WEBSITE OR SERVICE, ANY CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO MEMBERS, OR ANY INTERACTIONS BETWEEN USERS OF THE WEBSITE WHETHER ONLINE OR OFFLINE.

JSOUL GROUP MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED ON OR VIA THE SERVICE AND JSOUL GROUP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, OMISSIONS OR INACCURACIES OF CONTENT OR SUBMISSIONS, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION THAT MAY BE CONTAINED THEREIN, (IV) ANY DELETION OF DATA OR INTERRUPTION OR DISCONTINUANCE OF TRANSMISSION TO OR FROM OR THROUGH THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, MALICIOUS CODE OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY USER OR THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR SUBMISSIONS THAT MAY BE UPLOADED TO OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE.

JSOUL GROUP IS NOT RESPONSIBLE FOR ANY CONTENT OR TRANSACTIONS THAT IS CONTAINED OR MAY BE AVAILABLE OUTSIDE THE SERVICE. JSOUL GROUP MAKES NO REPRESENTATIONS, WARRANTEES, GUARANTEES OR ANY ENDORSEMENTS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY PRODUCS, SERVICES OR OTHER OFFERINGS THAT MAY BE ADVERTISED OR MADE AVAILABLE BY A THIRD PARTY THROUGH THE SERVICE OR WHICH MAY BE LINKED TO THE SERVICE SUCH AS IN ADVERTISING OR A SUBMISSION. ACCORDINGLY, JSOUL GROUP WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR ANY TRANSACTION THAT MAY OCCUR BETWEEN YOU AND SUCH THIRD PARTIES AND YOU SHOULD ALWAYS USE PRUDENT JUDGMENT AND READ THE PRIVACY POLICIES ON WEBSITES OF SUCH THIRD PARTIES.

12. LIMITATION OF LIABILITY.  EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT SHALL JSOUL GROUP BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICE IN ANY MANNER, EVEN IF JSOUL GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO JSOUL GROUP FOR THE SERVICE DURING THE TERM OF MEMBERSHIP. YOU SPECIFICALLY AGREE AND UNDERSTAND THAT JSOUL GROUP IS NOT LIABLE TO YOU FOR ANY SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT YOU ALONE ACCEPT SUCH RISK OF HARM.

13. Links. The Service or third parties may provide hyperlinks to other World Wide Web sites or resources. JSoul has no control over such sites and resources and, accordingly, you acknowledge and agree that JSoul is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that JSoul shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.

14. Jurisdiction and Choice of Law. If there is any dispute arising out of the Website and/or the Service, by using the Website, you expressly agree that any such dispute shall be governed by the laws of the State of New York, United States, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New York, in New York or Queens County, in the United States for the resolution of any such dispute.

15. Indemnity by You. You agree to indemnify and hold JSoul, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

16. No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.

17. Other. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by JSoul without restriction. Should any provision of these Terms of Use be invalidated by any court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No presumptions shall be made against the drafter of this Agreement. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and JSoul's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. YOU AND JSOUL AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

18. Contact Information. Please contact us with any questions regarding this agreement. We may be reached:

  • contact form
  • Postal mail to The Law Network LLC Att: JSoul.com Privacy Director, PO Box 237137 New York, NY 10023

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.