SOUL IN THE HORN
TERMS AND CONDITIONS
Effective as of Jan 23, 2022
www.soulinthehorn.com and any of its associated websites, platforms, features, content, materials, products and/or services (collectively, the “Website”), which is owned, operated and/or provided by Soul In The Horn Enterprises LLC d/b/a Soul In The Horn (“SITH”, “us” or “we”). The Terms for the Website represent a legally binding agreement between you, an individual user or a single entity (collectively or individually “Users”), and SITH regarding your use of the Website. Together, Users and SITH are each referred to individually as a “Party” or collectively as the “Parties”.
The Terms cover the following areas:
SITH General Information
General restrictions on use
Links from the website
Use of SMS communication
Exclusion of warranties
Limitation of liability
Ending your relationship with SITH
Changes to the terms
Your use constitutes acceptance of these Terms as at the date of your first use of the Website. If these
Terms are not accepted in full, the use of this site must be terminated immediately.
- YOUR RELATIONSHIP WITH SOUL IN THE HORN
a. Use of the Website is provided by Soul In The Horn Enterprises LLC d/b/a Soul In The Horn.
(“SITH”). SITH principal place of business is c/o The Lal Firm, LLC 244 5th Avenue, Suite M213,
New York, NY 10001.
b. Your use of the Website and any services provided to you on or from or the Website (collectively the “Service”) is subject to the terms of a legal agreement between you and SITH. The Terms form a legally binding agreement between you and SITH in relation to your use of the Service. It is important that you take the time to read them carefully.
c. The Terms apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through or contribute to the Service.
- SITH ACCOUNTS
a. In order to access some features of the Website or other elements of the Service, you may have to create a SITH account. When creating your SITH account, you must provide accurate and complete information. It is important that you keep your account password secure and confidential.
b. You are responsible for maintaining the confidentiality of your password. If you become aware
of any unauthorized use of your password, we recommend that you change your password immediately.
c. You understand and agree that you will be solely responsible for all activity that occurs under
your SITH account.
- GENERAL RESTRICTIONS ON USE
a. SITH grants you permission to access and use the Service, subject to the following express
conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part:
you are 13 years of age or older;
you agree to use this site only for lawful purposes, and in a manner which does not infringe the
rights, or restrict, or inhibit the use and enjoyment of the site by any third party;
you agree not to misrepresent your identity or affiliation with any other person or organization;
you agree not to distribute any part of or parts of the Website or the Service, including but not
limited to any Content, in any medium without SITH’s prior written authorization, unless SITH
makes available the means for such distribution through functionality offered by the Service (such
as the social media sharing buttons);
you agree not to alter or modify any part of the Website or any of the Service;
you agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Service or features that (i) prevent or restrict use or copying of Content or (ii) enforce limitations on use of the Service or the content accessible via the Service;
you agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Service in a manner that sends more request messages to the SITH servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser;
you agree not to interfere with, or disrupt, the service or services or networks connected to the service and introduce any computer virus (including any variant or similar malicious code or instructions) to the SITH systems;
you agree not to collect or harvest any personal data of any user of the Website or any Service (and agree that this shall be deemed to include SITH account names);
you agree not to use the Website or the Services (including the comments and email features in the Website) for the solicitation of business in the course of trade or in connection with a commercial enterprise;
you agree not to solicit, for commercial purposes, any users of the Website with respect to their
you agree not to access Content for any reason other than your personal, non-commercial use solely as intended through and permitted by the normal functionality of the Service; and
you shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise
exploit any Content for any other purposes without the prior written consent of SITH or the respective
licensors of the Content.
b. You agree that you will comply with all of the other provisions of the Terms at all times during your
use of the Service.
c. SITH grants the operators of public search engines permission to use spiders to copy materials from
the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. SITH reserves the right to revoke these exceptions either generally or in specific cases.
d. SITH is constantly innovating in order to provide the best possible experience for its users. You
acknowledge and agree that the form and nature of the Service which SITH provides through the Website may change from time to time without prior notice to you.
e. As part of this continuing innovation, you acknowledge and agree that SITH may stop (permanently
or temporarily) providing the Service (or any features within the Service) to you or to users generally at
SITH’s sole discretion, without prior notice to you. You may stop using the Service at any time. You do
not need to specifically inform SITH when you stop using the Service.
f. You agree that you are solely responsible for (and that SITH has no responsibility to you or to
any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which SITH may suffer) of any such breach.
- USER CONTENT
a. In connection with the Services, SITH may from time to time grant users permission to submit
information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials
(collectively, “Content”) to the Website for our use in connection with our Services.
b. You retain your rights to any Content you submit through the Website. You are responsible for
any Content you provide, including compliance with applicable laws, rules, and regulations. You must
not upload offensive, obscene or racist Content on to the Website or its associated services. SITH does
not claim ownership or any rights to Content (specifically music and videos) submitted by Users.
c. SITH reserves the right to remove or edit any content posted on the Website or its associated
services at its sole discretion and without notice, regardless of whether or not it is, in the opinion of any
third party, in contravention of the above rules.
d. By submitting Content through the Website or its associated services, you grant us a worldwide,
non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt,
modify, publish, transmit, display and distribute such Content in any and all media or distribution methods
now known or later developed in connection with our Services. You agree that this license includes the right
for SITH to promote and improve the Website and to make Content submitted to or through the Website
or its associated services available to other companies, organizations or individuals for the syndication,
broadcast, distribution, promotion or publication of such Content on other media and services, subject to
our terms and conditions for such Content use. Such additional uses by SITH or other companies,
organizations or individuals, are made with no compensation paid to you with respect to the Content that
you submit, transmit or otherwise make available through the Website or its associated services. You
understand that we may modify or adapt your Content as it is distributed, syndicated, published, or
broadcast by us and our partners and/or make changes to your Content in order to adapt the Content to
e. You represent and warrant that you have, or have obtained, all rights, licenses, consents,
permissions, power and/or authority necessary to grant the rights granted herein for any Content that you
submit through the Website. You agree that such Content will not contain material subject to copyright or
other proprietary rights, unless you have necessary permission or are otherwise legally entitled to submit the
material and to grant SITH the license described above.
f. You shall be liable for and shall defend and indemnify us and hold us harmless against any and all
claims, actions, liabilities, losses, damages, expenses (including without limitation any reasonable legal
expenses) incurred by us which arise directly or indirectly from a breach by you of your obligations,
representations or warranties under this Section 4.
g. If you suspect a breach of the terms on the Website, please email us at [email protected]
5. LINKS FROM THE WEBSITE
a. The Service may include hyperlinks to other web sites that are not owned or controlled by SITH.
SITH has no control over, and assumes no responsibility for, the content, privacy policies, or practices of
any third party websites.
b. You acknowledge and agree that SITH is not responsible for the availability of any such external
sites or resources, and does not endorse any advertising, products or other materials on or available from
such web sites or resources.
c. You acknowledge and agree that SITH is not liable for any loss or damage which may be
incurred by you as a result of the availability of those external sites or resources, or as a result of any
reliance placed by you on the completeness, accuracy or existence of any advertising, products or other
materials on, or available from, such web sites or resources.
- THIRD PARTY CONTENT FEATURED ON THE WEBSITE
a. The Website contains articles, photographs, text, graphics, pictures, designs, music, sound,
video and other content belonging to or originating from third parties (the “Third Party Content”).
Whilst SITH does check Third Party Content for accuracy, appropriateness and completeness when
initially posted, we assume no responsibility for any Third Party Content posted on the Site, including
without limitation the content, accuracy, offensiveness, opinions, reliability of or contained in the Third
Party Content. Such Third Party Content will be clearly labelled as such on the Website.
b. You acknowledge that SITH is not liable for any loss or damage which may be incurred by you
as a result of the Third Party Content, or as a result of any reliance placed by you on the completeness
or accuracy of such content.
c. You acknowledge and understand SITH uses Twitch and Instagram API services.
- SMS COMMUNICATION
a. You may provide us your mobile phone number or email address where indicated to receive
VIP membership, newsletters, alerts, or other information related to SITH Services, events and key
issues. You an opt-out at any time and unsubscribe.
b. There is no extra subscriptions cost to receive these alerts or newsletters, but standard message
rates and data charges from your carrier apply to sending and/or receiving text messages and retrieving
emails. Check with your carrier if you have questions about your plan and costs.
- INTELLECTUAL PROPERTY
a. SITH exclusively owns the name, logo and trademark “Soul In The Horn”. The name Soul In
The Horn, the logo, and any other product that we may present on the Website or its associated services
from time to time may not be used in connection with any product or service that is not SITH, nor in
any manner that is likely to cause confusion, or in any way that may disparage or discredit SITH.
b. Other trademarks, service marks or logos that appear on the website or its associated services,
in particular (but not exclusively) those of partner companies, labels, talent or brands are the property of
their respective owners and are likely to be registered trademarks and subject to restrictions as to their
use. They must not be used without the express permission of both SITH and the trademark owner.
- COPYRIGHT POLICY
a. All content on the Website and its associated services is owned by SITH, and is protected by the
applicable intellectual property and proprietary rights and laws.
b. You may use the content for your own personal, non-commercial use provided you do not alter
it or remove any copyright, trademark or other proprietary notice.
c. Commercial use or publication of all or any item displayed is strictly prohibited without
prior authorization from SITH and, where applicable, the copyright holder. If you require further
information about the use of content, please contact legal at [email protected]
- EXCLUSION OF WARRANTIES
a. Nothing in the Terms shall affect any statutory rights that you are always entitled to as a
consumer and that you cannot contractually agree to alter or waive.
b. The Service is provided “as is” and without any representation or endorsement made and
without warranty of any kind whether express or implied.
c. In particular SITH does not represent or warrant to you that:
your use of the Service will meet your requirements,
your use of the Service will be uninterrupted, timely, secure or free from error,
any information obtained by you as a result of your use of the Service will be accurate or reliable
that this site or the server that makes it available are free of viruses or bugs or represents the full
functionality, accuracy and reliability of the materials, and
that defects in the operation or functionality of any software provided to you as part of the
Service will be corrected.
d. No conditions, warranties or other terms (including any implied terms as to satisfactory
quality, fitness for purpose or conformance with description) apply to the Service except to the extent
that they are expressly set out in the Terms.
- LIMITATION OF LIABILITY
a. Nothing in these Terms shall exclude or limit SITH’s liability for losses which may not be
lawfully excluded or limited by applicable law.
b. SITH shall not be liable to you for:
any indirect or consequential losses which may be incurred by you. This shall include; (i) any
loss of profit (whether incurred directly or indirectly); (ii) any loss of goodwill or business
reputation; (iii) any loss of opportunity; or (iv) any loss of data suffered by you;
any loss or damage which may be incurred by you as a result of: any reliance placed by you on the completeness, accuracy or existence of any materials contained on the Website;
any changes which SITH may make to the Service, or for any permanent or temporary
cessation in the provision of the Service (or any features within the Service);
your failure to provide SITH with accurate account information;
your failure to keep your password or SITH account details secure and confidential.
c. The limitations on SITH liability to you in paragraph 10 above shall apply whether or not SITH
has been advised of or should have been aware of the possibility of any such losses arising.
- ENDING YOUR RELATIONSHIP WITH SITH
a. The Terms will continue to apply until terminated by either you or SITH as set out below:
you have breached any provision of the Terms (or have acted in manner which clearly shows
that you do not intend to, or are unable to comply with the provisions of the Terms); or
SITH is required to do so by law (for example, where the provision of the Service to you is, or
becomes, unlawful); or
If you want to terminate your legal agreement with SITH, you may do so by (a) notifying SITH
at any time and (b) closing your SITH account. Your notice should be sent, in writing to
b. SITH may terminate its legal agreement with you if SITH is transitioning to no longer providing
the Service to users in the country in which you are resident or from which you use the Service
c. When these Terms come to an end, all of the legal rights, obligations and liabilities that you and
SITH have benefited from, been subject to (or which have accrued over time whilst the Terms have
been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.
- GENERAL TERMS
a. The Terms constitute the whole legal agreement between you and SITH and govern your use of
the Service and completely replace any prior agreements between you and SITH in relation to the Service.
b. You agree that if SITH does not exercise or enforce any legal right or remedy which is contained
in the Terms (or which SITH has the benefit of under any applicable law), this will not be taken to be a formal waiver of SITH’s rights and that those rights or remedies will still be available to SITH.
c. You agree that SITH may provide you with notices, including those regarding changes to the
Terms, by email, SMS or postings on the Service.
d. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of
these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
e. These terms and conditions shall be governed and construed in accordance with the laws of
the United States. Any disputes shall be subject to the exclusive jurisdiction of the Courts of the United States, New York County.
f. A person who is not a party to these Terms has no right to enforce any term of these Terms.
- CHANGES TO THE TERMS
a. We may revise or amend this policy at any time at our sole discretion, for example to
address changes to the law or regulatory changes or changes to functionality offered through the Service.
The modified version of the Terms (the “Modified Terms”) will be posted on this page. Therefore you must look at the Terms regularly to check for such changes.
b. If we make any substantive changes in the way we collect or use personally identifying
information provided by users, we will post a prominent announcement on our web site home page. We will never change our policies and practices to make them less protective of user information collected prior to the effective date of any changes without the consent of affected users. We encourage users to visit this page periodically to review our current policy.
- c. If you do not agree to the Modified Terms you must stop using the Service. Your continued use of the Service after the date the Modified Terms are posted will constitute your acceptance of the Modified Terms.