TERMS OF USE AGREEMENT
This site is owned or managed by Soup Digital Innovations.
Soup Digital Innovations provides this Soup Digital Innovations Website and related services for your personal non-commercial use only and subject to your compliance with this Terms of Use Agreement (the “Agreement”). Please read this Agreement carefully before using this Soup Digital Innovations Website. Your use of this Soup Digital Innovations Website constitutes your acceptance to be bound by this Agreement without limitation, qualification or change. If at any time you do not accept all the terms and conditions of this Agreement, you must immediately discontinue use of this Soup Digital Innovations Website. This Agreement sets forth Soup Digital Innovations’s policies with respect to its operation of the Soup Digital Innovations Websites. Other policies govern Soup Digital Innovations' non-Internet operations.
Certain products or services offered by this and/or other Soup Digital Innovations Websites (each a “Soup Digital Innovations Internet Service,” and collectively “Soup Digital Innovations Internet Services”), and certain areas within this and/or other Soup Digital Innovations Websites may be governed by additional terms (“Additional Terms”) presented in conjunction with those products or services. You must agree to these Additional Terms before using those areas or Soup Digital Innovations Internet Services. The Additional Terms and this Agreement shall apply equally. In the event of an irreconcilable inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control.
YOU MAY NOT USE ANY Soup Digital Innovations WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY Soup Digital Innovations WEBSITE MAY BE TERMINATED IMMEDIATELY IN Soup Digital Innovations’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.
Some parts of this Soup Digital Innovations website may contain adult content intended for people who are at least 18 years old. By viewing this adult content, you are representing that you are at least 18 years old and that the content is acceptable to you. Filtering software is commercially available which can be used to exclude content that is not acceptable to you. This software may prevent the display of all or portions of the Soup Digital Innovations Website content.
Changes to this Agreement
This Agreement is effective as of September 25, 2003. Soup Digital Innovations reserves the
right, in its sole discretion, to modify, alter, or otherwise change this
Agreement and/or the Additional Terms at any time. Soup Digital Innovations will provide
notice of such change on this Soup Digital Innovations Website. Please review this
Agreement and/or Additional Terms periodically for changes. Your continued use
of the Soup Digital Innovations Website and/or Soup Digital Innovations Internet Service constitutes
your acceptance and agreement to be bound by these changes without limitation,
qualification or change. If at any time you do not accept these changes, you
must immediately discontinue use of this Soup Digital Innovations Website and/or the Soup Digital Innovations Internet Service to which the changes may apply.
Privacy and Protection of Personal Information
Soup Digital Innovations has developed a Privacy Statement in order to inform you of
its practices with respect to the collection, use, and disclosure of personal
information. You can find this Statement by clicking here.
Accounts, Security, Passwords
If a particular Soup Digital Innovations Website or Soup Digital Innovations Internet Service requires
you to open an account, you must complete the specified registration process by
providing us with current, complete, and accurate information as requested by
the applicable online registration form. It is your responsibility to maintain
the currency, completeness, and accuracy of your registration data and any loss
caused by your failure to do so is your responsibility. After you have fully
completed the registration form, you may be asked to choose a password and a
user name. It is entirely your responsibility to maintain the confidentiality of
your password and account. Additionally, you are entirely responsible for any
and all activities that occur under your account. You agree to notify Soup Digital Innovations immediately of any unauthorized use of your account. Soup Digital Innovations is
not liable for any loss that you may incur as a result of someone else using
your password or account, either with or without your knowledge. You may cancel
your account by delivering notice in the manner provided in the Additional Terms
governing the particular Soup Digital Innovations Internet Service.
Fees
Except where otherwise provided, access to and use of this Soup Digital Innovations Website
and the Soup Digital Innovations Internet Services offered through this site are currently
available without charge. Soup Digital Innovations reserves the right to charge a fee for
access to or use of this Soup Digital Innovations Website, or any Soup Digital Innovations Internet
Service available on this Soup Digital Innovations Website at any time in the future. Your
access to or use of this Soup Digital Innovations Website before such time does not entitle
you to use of this Soup Digital Innovations Website without charge in the future.
Disclaimer of Warranties
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH
THIS Soup Digital Innovations WEBSITE AND/OR Soup Digital Innovations INTERACTIVE SERVICE IS AT YOUR
OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT
AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS Soup Digital Innovations
WEBSITE OR Soup Digital Innovations INTERACTIVE SERVICE ARE PROVIDED TO YOU ON AN “AS IS,”
“AS AVAILABLE” BASIS. Soup Digital Innovations MAKES NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE
INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Soup Digital Innovations DISCLAIMS ALL
REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR
SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT,
INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD
PARTIES. Soup Digital Innovations DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS
Soup Digital Innovations WEBSITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS
WILL BE CORRECTED, OR THAT THIS WEBSITE AND/OR ITS SERVER WILL BE FREE OF
VIRUSES AND/OR OTHER HARMFUL COMPONENTS. Soup Digital Innovations DOES NOT WARRANT OR MAKE
ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY,
COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS
Soup Digital Innovations WEBSITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES,
INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.
Soup Digital Innovations IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS,
MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS,
INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR Soup Digital Innovations
INTERACTIVE SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER
HUMAN OR TECHNICAL IN NATURE.
Links
This Soup Digital Innovations Website may contain links to websites operated by third
parties. Soup Digital Innovations does not monitor or control the linked sites and makes no
representations regarding, and is not liable or responsible for the accuracy,
completeness, timeliness, reliability or availability of, any of the content
uploaded, displayed, or distributed, or products, or services available at these
sites. If you choose to access any third party site, you do so at your own risk.
The presence of a link to a third-party site does not constitute or imply Soup Digital Innovations' endorsement, sponsorship, or recommendation of the third party or of
the content, products, or services contained on, or available through, the site.
Software Available Through Soup Digital Innovations Website
Any software that is made available to view and/ or download in
connection with a Soup Digital Innovations Internet Service (“Software”) is owned or
controlled by Soup Digital Innovations and/or licensors, affiliates and suppliers and is
protected by copyright laws and international treaty provisions. Your use of the
Software is governed by the terms of the end user license agreement, if any,
which accompanies or is included with the Software. Soup Digital Innovations accepts no
responsibility or liability in connection with any Software owned or controlled
by third parties.
Third-Party Merchants
This Soup Digital Innovations Website may enable you to order and receive products,
information and services from businesses that are not owned or operated by Soup Digital Innovations. The purchase, payment, warranty, guarantee, delivery, maintenance, and
all other matters concerning the merchandise, services or information, opinion
or advice ordered or received from such businesses are solely between you and
such businesses. Soup Digital Innovations does not endorse, warrant, or guarantee such
products, information, or services, and is not liable for the accuracy,
completeness, or usefulness of such information or the quality of availability
of such products or services. Soup Digital Innovations will not be a party to or in any way
responsible for monitoring any transaction between you and third-party providers
of such products, services, or information, or for ensuring the confidentiality
of your credit card information. Any separate charges or obligations you incur
in your dealings with these third parties are your responsibility and are not
part of the fee, if any, charged for the Soup Digital Innovations Internet Service.
Modification/Termination by Soup Digital Innovations
Soup Digital Innovations reserves the right, in its sole discretion, to modify,
suspend, or terminate this Soup Digital Innovations Website and/or any portion thereof,
including any Soup Digital Innovations Internet Service, and/or your account, password, or
use of any Soup Digital Innovations Internet Service, or any portion thereof, at any time
for any reason with or without notice to you.
Termination of your account for a Soup Digital Innovations Internet Service removes your authorization to use the Soup Digital Innovations Internet Service. In the event of termination, you will still be bound by your obligations under this Agreement and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, Soup Digital Innovations shall not be liable to you or any third-party for any termination of your access to a Soup Digital Innovations Internet Service.
Interactive Services
This Soup Digital Innovations Website may offer certain Soup Digital Innovations Internet
Services having interactive components such as bulletin boards, chat rooms,
blogs and forums (collectively “Soup Digital Innovations Interactive Services”). Additional
terms may cover these services, which appear on the pages where these services
are available and can be found here.
Subscription Services
This Soup Digital Innovations Website may offer certain Soup Digital Innovations Subscription Services
such as newsletters and Real Simple Syndication (“RSS”) feeds (collectively
“Soup Digital Innovations Subscription Services”). By registering for a Soup Digital Innovations
Subscription Service, you will be subject to any charges and rules set forth in
the description of that service
Premium Services
Some Soup Digital Innovations Internet Services on this Soup Digital Innovations Website, including
certain Soup Digital Innovations Interactive and Subscription Services, may be offered to
you conditioned on your payment of a fee (“Soup Digital Innovations Premium Service”). By
using the Soup Digital Innovations Premium Service, you will be subject to any charges and
rules set forth in the Additional Terms for that service. A copy of the Premium
Service Additional Terms can be found here.
Contests/Sweepstakes
For Additional Terms applying to all contests or sweepstakes conducted by
this Soup Digital Innovations Website, refer to this site's contest or sweepstakes
information.
Limitations on Liability
In no event shall Soup Digital Innovations, its subsidiaries, affiliates, distributors,
suppliers, licensors, agents or others involved in creating, sponsoring,
promoting, or otherwise making available the Soup Digital Innovations Website and its
contents, be liable to any person or entity whatsoever for any direct, indirect,
incidental, special, compensatory, consequential, or punitive damages or any
damages whatsoever, including but not limited to: (i) loss of goodwill, profits,
business interruption, data or other intangible losses; (ii) your inability to
use, unauthorized use of, performance or non-performance of the Soup Digital Innovations
Website; (iii) unauthorized access to or tampering with your personal
information or transmissions; (iv) the provision or failure to provide any
service; (v) errors or inaccuracies contained on the Soup Digital Innovations Website or
any information, software, products, services, and related graphics obtained
through the Soup Digital Innovations Website; (vi) any transactions entered into through
this Soup Digital Innovations Website; (vii) any property damage including damage to your
computer or computer system caused by viruses or other harmful components,
during or on account of access to or use of this Soup Digital Innovations Website or any
site to which it provides hyperlinks; or (viii) damages otherwise arising out of
the use of the Soup Digital Innovations Website and Soup Digital Innovations Internet Services. The
limitations of liability shall apply regardless of the form of action, whether
based on contract, tort, negligence, strict liability or otherwise, even if
Soup Digital Innovations has been advised of the possibility of damages.
Indemnification
You agree to indemnify, defend, and hold harmless Soup Digital Innovations, its
subsidiaries, agents, distributors and affiliates, and their officers, directors
and employees from and against any and all claims, actions, demands,
liabilities, costs and expenses, including, without limitation, reasonable
attorneys’ fees, resulting from your breach of any provision of this Agreement,
the Additional Terms, or any warranty you provide herein, or otherwise arising
in any way out of your use of this Soup Digital Innovations Website and any related Soup Digital Innovations Internet Service and/or software. Soup Digital Innovations reserves the right to
take exclusive control and defense of any such claim otherwise subject to
indemnification by you, in which event you will cooperate fully with Soup Digital Innovations in asserting any available defenses.
International Use/U.S. Export Controls
Accessing materials on this Soup Digital Innovations Website by certain persons in certain
countries may not be lawful, and Soup Digital Innovations makes no representation that
materials on this Soup Digital Innovations Website are appropriate or available for use in
locations outside the United States. If you choose to access this Soup Digital Innovations
Website from outside the United States, you do so at your own risk and
initiative, and are responsible for compliance with any applicable local laws.
The United States controls the export of any software downloadable from this Soup Digital Innovations Website. No software or any other materials associated with this Soup Digital Innovations Website may be downloaded or otherwise exported or re-exported to countries or persons prohibited under export control laws, including but not limited to countries against which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from a Soup Digital Innovations Website, you represent and warrant that you are no located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.