1.1 Online Venue. As part of Wattssoul.com, Wättssoul Inc operates an online venue ("Venue") matching buyers and sellers. Except as set out in Section 1.11, Wättssoul Inc is not involved in the actual transactions between buyers and sellers. Wättssoul Inc does not transfer legal ownership of items from sellers to buyers. Rather, Wättssoul Inc merely provides the venue and does not own or sell any of the items listed. The actual contract for sale is directly between the sellers and the buyers.
1.2 No Control Over Listings. Wättssoul Inc has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
1.3 Legal Compliance. You agree not to use the Venue to buy or sell items which are illegal in Nevada, the United States, or in your local jurisdiction. By using the Venue, you agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on Wattssoul.com.
1.4 Use of the Venue. If you choose to use the Venue, you agree to:
(a) pay for items purchased by you;
(b) deliver items sold by you.
(c) post accurate information about yourself and any products sold by you;
(d) list items for sale in appropriate categories;
(e) abide by all applicable laws, third party rights, and Wättssoul Inc policies;
(f) pay all required fees to Wattssoul.com for use of the service; and
(g) you use the Venue at your own risk.
1.5 PayPal Adaptive. All payments from buyers to sellers are processed through PayPal Adaptive, not Wättssoul Inc. PayPal Adaptive accepts money from the buyer, pays Wättssoul Inc its listing fees, and remits the remainder of the payment to the seller. Buyers and sellers agree never to circumvent the official PayPal Adaptive payment system used by Wattssoul.com.
1.6 Placing Listings. If you place a listing on the Venue, you are legally and solely responsible for the content of the listing and your interactions with any buyers or potential buyers. By listing an item on the Venue, you warrant that all aspects of the item comply with Wättssoul Inc's published policies. You further warrant that you are in compliance with Wättssoul Inc's published policies. You also warrant that you may legally sell the item.
1.7 Responding to Listings. If you respond to a listing on the Venue, you are legally responsible for your interactions with any sellers. You further warrant that you are in compliance with Wättssoul Inc's published policies. You are responsible for reading the full item listing before purchasing an item. When you purchase an item you are entering into a legally binding contract directly with the seller, not with Wättssoul Inc.
1.8 Scams. Use common sense when placing or responding to a listing through the Venue. Use the same common sense you would use in the real world when reading an ad. If it is too good to be true, it is a scam. For more information about various online scams and how to avoid them, go to http://OnGuardOnline.gov.
1.9 Cancellation of Listings or Accounts. Wättssoul Inc reserves the right to terminate any listing or to cancel the account of any Venue user at any time and for any reason.
1.10 Additional Policies. The use of the Venue is subject to published policies posted on the Wattssoul.com website, including policies regarding listing items, selling items, buying items, and the current list of service fees. Your use of the Venue is subject to those policies, which are incorporated into this Agreement by this reference.
1.11 Wättssoul Stores. Wättssoul Inc may operate its own store on the Venue. In that specific instance Wättssoul Inc would be the seller and the following additional Terms of Sale apply:
(a) Order and Acceptance. Each item in an order that you submit to Wättssoul Inc constitutes a separate offer to purchase that item. After you place your order through Wattssoul.com, you will receive a confirmation notice on the website and/or through a confirmation email. The onscreen confirmation notice and/or confirmation email that we send to you does not constitute acceptance of your order. Rather, Wättssoul Inc is not deemed to have accepted any item in your order until that item is shipped or made available for electronic delivery.
(b) Rejection of Orders. Wättssoul Inc may reject your order for any reason. Reasons for rejecting an order include:
(c) Sales Tax. Wättssoul Inc charges sales tax where required by law. If sales tax is charged, the appropriate charges will be added to your merchandise total and displayed in your shopping cart and on your invoice.
(d) Shipping Charges. For physical goods, prices for items do not include charges for shipping and handling. Separate charges for shipping and handling will be itemized in your shopping cart and on your invoice.
(e) Item Shipping Delay / Backorders. All items are subject to stock availability. Items which are temporarily out of stock may incur shipping delays. We will endeavor to ship your item as soon as possible. If we determine we are unable to ship your order in a reasonable time (typically 30 days) we may elect to cancel your order.
(f) Virtual Products. For virtual goods, including music, videos, software, ring tones, wallpaper and other electronic media (“Virtual Products”) the following terms apply:
(i) Wättssoul Inc grants you a non-exclusive, non-transferable right to use the Virtual Products only for your personal, non-commercial purposes.
(ii) You shall be authorized to use Virtual Products only on personal devices you own.
(iii) No synchronization, public performance, public display, promotional use, commercial sale, resale, reproduction, distribution, or copyright rights are granted to you in the Virtual Products.
(iv) You may not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license or transfer the Virtual Products.
(v) You must comply with all applicable copyright and other laws in your use of the Virtual Products.
(g) Price Changes. Wättssoul Inc may change the price of any item at any time.
(h) Fraudulent Activities. Wättssoul Inc will prosecute to the fullest extent of the law any fraudulent activities related to any chargebacks or reversals of a valid charge for an order filled and delivered to you.
(i) Returns / No Warranties. There are no product warranties of any kind. Virtual Products are not eligible to be returned or exchanged. For any other item besides Virtual Products, you may return the item unused and unwashed, in its original condition and packaging, with the tags still attached within 30 days from the date of purchase. Once we have received and validated your item as qualifying for a return, we will allow you to exchange the item or provide you store credit which you may use for a new purchase at Wattssoul.com. If you return an item not in its original condition or otherwise fail to exercise reasonable care when returning an item, we reserve the right to either (A) reject your return and decline any credit or (B) to deduct from any credit reasonable repair or other similar costs.
(j) Resale of Merchandise Prohibited. To protect Wättssoul Inc's intellectual property rights, Wättssoul Inc's policies do not allow merchandise to be resold or reshipped. Any resale of our merchandise for personal or business profit is strictly prohibited. Furthermore, any orders shipping to 'Freight Forwarding Companies' will not be accepted.
2.1 Wättssoul Inc grants you a limited, revocable, nonexclusive license to access Wattssoul.com for your own personal use.
2.2 In order to access some features of Wattssoul.com, you will have to create an account. You may never use another's account without the account holder's permission. When creating your account, you must provide accurate and complete information. Should any of your information change after submitting it to Wattssoul.com, you are required to update that information immediately.
2.3 You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Wättssoul Inc immediately of any breach of security or unauthorized use of your account. Although Wättssoul Inc will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Wättssoul Inc or others due to such unauthorized use.
2.4 You agree not to use or launch any automated system, including without limitation, "robots," "spiders," and "offline readers" that accesses Wattssoul.com. You agree not to collect or harvest any personally identifiable information, including account names, from Wattssoul.com, nor to use the communication systems provided by Wattssoul.com for any commercial solicitation or illegal or improper purposes.
2.5 Notwithstanding the foregoing, Wättssoul Inc grants the operators of recognized international public search engines, such as Google and Bing permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials. Wättssoul Inc reserves the right to revoke these exceptions either generally or in specific cases.
2.7 Termination of Service. Wättssoul Inc reserves the right to modify or discontinue, temporarily or permanently, its website, including its interactive features, blogs, forums, comments (or any part thereof) with or without notice at any time. You agree that Wättssoul Inc shall not be liable to you or to any third party for any modification, suspension, or discontinuance of any service.
2.9 Consent to Electronic Service. When you use Wattssoul.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on Wattssoul.com. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
3.1 The Wattssoul.com website may permit the submission, hosting, sharing, and/or publishing of text, photographs, audio, videos, reviews, or other content, by you, other users, and other third parties such as our partners or affiliates ("Third Party Submissions").
3.2 Third Party Submissions include, but are not limited to, reviews, photograph submissions, profile submissions, Venue listings, and any other interactive area of Wattssoul.com.
3.3 Third Party Submissions may contain the views and opinions of individual content authors. Third Party Submissions are for informational purposes only and do not necessarily reflect the thoughts and opinions of Wättssoul Inc or any officer, employee, agent, or affiliate thereof.
3.4 By posting, submitting or uploading a Third Party Submission to any area of Wattssoul.com, you automatically grant, and you represent and warrant that you have the right to grant, to Wättssoul Inc an irrevocable, perpetual, non-exclusive, fully paid, sublicensable, transferable, worldwide license to use, copy, perform, display, and distribute said Third Party Submission and to prepare derivative works of, or incorporate into other works, said Third Party Submission, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Third Party Submissions to Wattssoul.com, you automatically grant Wättssoul Inc all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Third Party Submission by any party for any purpose.
3.5 You acknowledge that the interactive features on Wattssoul.com are not for private communications. You acknowledge that you have no expectation of privacy with regard to any submission to Wattssoul.com. Wättssoul Inc cannot guarantee the security of any information you disclose through Wattssoul.com. You make such disclosures at your own risk. Wättssoul Inc has no obligation to retain or provide you copies of Third Party Submissions
3.6 By posting Third Party Submissions to Wattssoul.com or by using any other interactive area of the website, you specifically agree to comply with each of the following:
(a) You will not post or transmit any material that violates or infringes the rights of any other party, including, without limitation, rights of privacy, rights of publicity, copyright, trademark, or other intellectual property rights.
(b) If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the material, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the material.
(c) You have fully complied with any third-party licenses relating to the material you post or transmit and have done all things necessary to successfully pass through to Wättssoul Inc any required terms.
(d) You will not post or transmit any material that is false, deceptive, misleading, or deceitful.
(e) You will not post or transmit any material that is abusive, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, defamatory, vulgar, obscene, sexually-oriented, profane or is otherwise in violation of any applicable law, rule or regulation.
(f) You will not post or transmit any material that deceptively impersonates any person or entity.
(g) Your username or the material you submit is not named in a manner that misleads users into thinking that you are another person or company.
(h) You will post content that constitutes or contains any form of advertising or solicitation or for commercial purposes. Do not post a URL unless it directly relates to a user's question.
(j) You will not post or transmit any content that is intended to promote or commit an illegal act.
Failure to comply with the above rules may lead to you being immediately and permanently banned, with notification to law enforcement and/or your internet service provider.
3.7 When posting Third Party Submissions, you agree never to use a third-party agent, service, or intermediary that offers to post Third Party Submissions to Wattssoul.com on your behalf ("Posting Agent"). Posting Agents are not permitted to post Third Party Submissions on behalf of others, to cause Third Party Submissions to be so posted, or otherwise access Wattssoul.com to facilitate posting Third Party Submissions on behalf of others, except with express written permission from Wättssoul Inc.
3.8 You are and shall remain solely responsible for any and all Third Party Submissions you make through Wattssoul.com. You acknowledge that any information you disclose through Wattssoul.com becomes public information and can be used by people you do not know. Accordingly, you should exercise caution when deciding to disclose any information on Wattssoul.com. Any such disclosures are at your own risk.
3.9 Wättssoul Inc does not prescreen Third Party Submissions submitted and Wättssoul Inc has no duty to monitor any interactive area of its website. Although we may monitor or review Third Party Submissions from time to time, we do not actively monitor the Third Party Submissions of the interactive areas, including Event listings, and we are not under any obligation to do so. Each user is solely responsible and liable for the contents of his or her Third Party Submissions, and we are not responsible in any way for the content or opinions expressed therein. We have the right, but not the obligation, to remove, edit or move, at any time, any material posted, in each case as we deem appropriate. Wättssoul Inc may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to any submission in any Wattssoul.com forum.
3.10 You acknowledge that by participating in any interactive area on this website, you are granting Wättssoul Inc the unrestricted right, throughout the world and in perpetuity, to copy, sublicense, adapt, transmit, perform, display or otherwise use, at no cost whatsoever to Wättssoul Inc, any and all material or content you post or submit, including, without limitation, all intellectual property rights embodied therein.
3.11 You must not describe or assign keywords to your Third Party Submissions in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Wättssoul Inc may change or remove any description or keyword that it considers inappropriate or unlawful in Wättssoul Inc's sole discretion.
4.1 You understand that when using the Wattssoul.com website, you will be exposed to Third Party Submissions from a variety of sources, and that Wättssoul Inc is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Third Party Submissions. You further understand and acknowledge that you may be exposed to Third Party Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Wättssoul Inc with respect thereto, and agree to indemnify and hold Wättssoul Inc, its owners, operators, affiliates, and agents, licensors and licensees, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
4.2 Wättssoul Inc does not endorse any Third Party Submission or any opinion, recommendation, or advice expressed therein, and Wättssoul Inc expressly disclaims any and all liability in connection with Third Party Submissions.
4.3 Wättssoul Inc does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Wättssoul Inc will remove all Content and Third Party Submissions if properly notified that such Content or Third Party Submission infringes on another's intellectual property rights. Wättssoul Inc reserves the right to remove Content and Third Party Submissions without prior notice.
4.4 If you are a copyright owner or an agent thereof and believe that any Third Party Submission or other Content infringes upon your copyrights, you may submit a notification 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) for further detail):
Wättssoul Inc's designated Copyright Agent to receive notifications of claimed infringement is:
Attn: Ghislain Malardier
8328 Hollow Wharf Dr.
Las Vegas, NV 89128
You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
4.5 Counter-Notice. If you believe that your Third Party Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your Third Party Submission, you may send a counter-notice containing the following information to the Copyright Agent:
If a counter-notice is received by the Copyright Agent, Wattssoul.com may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Wattssoul.com sole discretion.
5.1 With the exception of Third Party Submissions, all content on the Wattssoul.com website, including without limitation, the text, software, scripts, tools, graphics, photos, sounds, music, videos, and interactive features ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Wättssoul Inc. The Content and Marks are protected to the maximum extent permitted by intellectual property laws and international treaties. Content displayed on or through Wattssoul.com is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions.
5.2 Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Wättssoul Inc.
5.3 You further agree not to reproduce, duplicate or copy Content from Wattssoul.com without the express written consent of Wättssoul Inc, and agree to abide by any and all copyright and other legal notices displayed on Wattssoul.com. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in Wattssoul.com. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of Wattssoul.com.
6.1 WATTSSOUL.COM, INCLUDING ANY CONTENT, THIRD PARTY SUBMISSIONS, OR ANY SITE-RELATED SERVICE, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WÄTTSSOUL INC HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
6.2 WÄTTSSOUL INC MAKES NO WARRANTY THAT: (I) WATTSSOUL.COM WILL MEET YOUR REQUIREMENTS, (II) WATTSSOUL.COM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF WATTSSOUL.COM WILL BE ACCURATE OR RELIABLE, OR (IV) ANY ERRORS IN WATTSSOUL.COM WILL BE CORRECTED.
6.3 WÄTTSSOUL INC IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY USER, OR ANY OTHER THIRD PARTY; AND WÄTTSSOUL INC WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED HEREIN.
6.4 YOU ACKNOWLEDGE THAT WÄTTSSOUL INC HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF PRODUCTS ADVERTISED ON WATTSSOUL.COM, THE TRUTH OR ACCURACY OF ANY THIRD PARTY SUBMISSIONS.
6.5 WÄTTSSOUL INC, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO WATTSSOUL.COM, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN WATTSSOUL.COM. YOUR SOLE REMEDY FOR DISSATISFACTION WITH WATTSSOUL.COM AND/OR SITE-RELATED SERVICES IS TO STOP USING WATTSSOUL.COM AND/OR THOSE SERVICES.
7.1 You agree to defend, indemnify and hold harmless Wättssoul Inc, its affiliated companies, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
(a) any Venue item in which you are the buyer or seller;
(b) your use of and access to the Wattssoul.com website;
(c) your participation in any interactive area of the Wattssoul.com website including forums and Venue any material posted by you thereto.
(e) your violation of any third party right, including without limitation any copyright, property, or privacy right;
(f) your violation of any law, rule or regulation of the United States, any state, or any other country;
(g) any claim that one of your Third Party Submissions or a Third Party Submission posted using your account caused damage to another third party.
(h) any other party's access and use of Wattssoul.com with your account.
9.1 You agree that the Wattssoul.com website shall be deemed solely based in the State of Nevada.
9.2 The Wattssoul.com website shall be deemed a passive website that does not give rise to personal jurisdiction over Wättssoul Inc, either specific or general, in jurisdictions other than Nevada.
9.4 Disputes. Any dispute, claim or controversy arising out of or relating to the Wattssoul.com website, this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Las Vegas, Nevada, before one arbitrator. At the option of the first to commence an arbitration, the arbitration shall be administered either by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, or by the American Arbitration Association pursuant to its Commercial Arbitration Rules. The arbitrator may not award any consequential, indirect, exemplary, special or incidental damages arising from or relating to your use of the Wattssoul.com website (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss). Judgment on the Award may be entered in any court having jurisdiction. You and we will each pay one-half of the costs and expenses of such arbitration, and each of the parties will separately pay their counsel fees and expenses. Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
9.5 Class Action Waiver. You agree that any arbitration shall be conducted in your individual capacity only and not as a class action or other representative action, and you expressly waive your right to file a class action or seek relief on a class basis. YOU AND WÄTTSSOUL INC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.