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SOLDIER OF SOUND
Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities (the "Terms") derives from the SOL REPUBLIC values, and is our terms of service that governs our relationship with users and others who interact with SOL REPUBLIC. By using or accessing SOL REPUBLIC, you agree to the Terms.
Your privacy is very important to us. We designed our Data Use Policy to make important disclosures about how you can use SOL REPUBLIC to share with others and how we collect and can use your content and information. We encourage you to read the Data Use Policy, and to use it to help you make informed decisions.
2. Sharing Your Content and Information
You own all of the content and information you post on SOL REPUBLIC, and you can control how it is shared through your privacy and application settings. In addition:
(a) For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with SOL REPUBLIC (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
(b) When you publish content or information it means that you are allowing everyone, including people off of SOL REPUBLIC, to access and use that information, and to associate it with you (i.e., your name and profile picture).
(c) We always appreciate your feedback or other suggestions about SOL REPUBLIC, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep our sites safe, but we cannot guarantee it. We need your help to keep SOL REPUBLIC sites safe, which includes the following commitments by you:
(a) You will not post unauthorized commercial communications (such as spam) on SOL REPUBLIC.
(b) You will not collect users' content or information, or otherwise access SOL REPUBLIC, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
(c) You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on SOL REPUBLIC.
(d) You will not upload viruses or other malicious code.
(e) You will not solicit login information or access an account belonging to someone else.
(f) You will not bully, intimidate, or harass any user.
(g) You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
(h) You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
(i) You will not use SOL REPUBLIC to do anything unlawful, misleading, malicious, or discriminatory.
(j) You will not do anything that could disable, overburden, or impair the proper working or appearance of SOL REPUBLIC’s sites, such as a denial of service attack or interference with page rendering or other SOL REPUBLIC functionality.
(k) You will not facilitate or encourage any violations of these Terms or our policies.
4. Registration and Account Security
SOL REPUBLIC users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
(a) You will not provide any false personal information on SOL REPUBLIC sites, or create an account for anyone other than yourself without permission.
(b) You will not create more than one personal account.
(c) If we disable your account, you will not create another one without our permission.
(d) You will not use your any of SOL REPUBLIC sites for your own commercial gain (such as selling your status update to an advertiser).
(e) You will not use SOL REPUBLIC if you are under 13.
(f) You will not use SOL REPUBLIC if you are a convicted sex offender.
(g) You will keep your contact information accurate and up-to-date.
(h) You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
(i) You will not transfer your account to anyone without first getting our written permission.
(j) If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
5. Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
(a) You will not post content or take any action on SOL REPUBLIC’s sites that infringes or violates someone else's rights or otherwise violates the law.
(b) We can remove any content or information you post on SOL REPUBLIC if we believe that it violates these Terms or our policies.
(c) We provide you with tools to help you protect your intellectual property rights. To learn more, visit our How to Report Claims of Intellectual Property Infringement page.
(d) If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
(e) If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
(f) You will not use our copyrights or trademarks (including SOL REPUBLIC, or the SOL REPUBLIC logo, ), or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.
(h) You will not post anyone's identification documents or sensitive financial information on SOL REPUBLIC.
If you violate the letter or spirit of these Terms, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of SOL REPUBLIC sites to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time.
(a) You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to these Terms exclusively in a state or federal court located in Multnomah County. The laws of the State of Oregon will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Multnomah County, Oregon for the purpose of litigating all such claims.
(b) If anyone brings a claim against us related to your actions, content or information on SOL REPUBLIC, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on SOL REPUBLIC sites and are not responsible for the content or information users transmit or share on SOL REPUBLIC sites. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on SOL REPUBLIC sites. We are not responsible for the conduct, whether online or offline, or any user of SOL REPUBLIC sites.
(c) WE TRY TO KEEP SOL REPUBLIC SITES UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING SOL REPUBLIC SITES AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT SOL REPUBLIC WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT SOL REPUBLIC WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. SOL REPUBLIC IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR SOL REPUBLIC, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR SOL REPUBLIC WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, SOL REPUBLIC'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
8. Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with SOL REPUBLIC sites outside the United States:
(a) You consent to having your personal data transferred to and processed in the United States.
(b) If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on SOL REPUBLIC sites.
(a) By "SOL REPUBLIC SITE(s)" we mean the features and services we make available, including through (a) our website at www.SOL REPUBLIC.com and any other SOL REPUBLIC branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) and other media, software (such as a toolbar), devices, or networks now existing or later developed.
(b) By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with SOL REPUBLIC.
(c) By "content" we mean anything you or other users post on SOL REPUBLIC that would not be included in the definition of information.
(d) By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from SOL REPUBLIC or provide to SOL REPUBLIC through any given platform.
(e) By "post" we mean post on SOL REPUBLIC sites or otherwise make available by using SOL REPUBLIC sites.
(f) By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
(g) By "active registered user" we mean a user who has logged into a SOL REPUBLIC site at least once in the previous 30 days.
(a) If you are a resident of or have your principal place of business in the US or Canada, these Terms are an agreement between you and SOL REPUBLIC, Inc.
(b) This Statement makes up the entire agreement between the parties regarding SOL REPUBLIC, and supersedes any prior agreements.
(c) If any portion of these Terms are found to be unenforceable, the remaining portion will remain in full force and effect.
(d) If we fail to enforce any of these Terms, it will not be considered a waiver.
(e) Any amendment to or waiver of these Terms must be made in writing and signed by us.
(f) You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
(g) All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
(h) Nothing in these Terms shall prevent us from complying with the law.
(i) These Terms do not confer any third party beneficiary rights.
(j) We reserve all rights not expressly granted to you.
(k) You will comply with all applicable laws when using or accessing SOL REPUBLIC sites.
We reserve the right to modify this Policy at any time and will notify you of such changes by posting the modified Policy on our Site and indicating at the top of the Policy the date it was last updated. If there are material changes to this Policy, we will notify you more directly.
PERSONAL INFORMATION WE COLLECT
You provide personal information to us in a number of ways when you visit the Site.
For example, you provide us with personal information when you:
- create or update an account or profile and subscribe to our e-mail newsletter or other services ("Services");
- purchase SOL REPUBLIC products on the Site;
- participate in a survey, contest, sweepstakes, or other promotions on the Site;
- contact us by e-mail for any reason, such as to request help with the Services, or to provide us with your comments/feedback;
- submit personal information in connection with photos/stories for our potential use and/or publication.
We may collect your name, image, billing and shipping addresses, e-mail address, phone number, credit card number and expiration date. We may also collect certain demographic information in connection with your participation in any survey, contest, sweepstakes, or promotion on the Site such as gender, birthday and month, city, state and country, websites and personal interests.
Web Beacons. "Web beacons" (also known as "web bugs," "action tags," "pixel trackers," or "clear GIFs") may also be used on the Site or in our emails. Web beacons are small graphic images placed on a web page, web-based document, or in an e-mail message that allow the collection of certain information and monitor user activity on the Site or in emails. Web beacons are invisible because of their size (only 1 by 1 pixel) and because they are the same color as the background of the web page. Web beacons are used to collect the IP address of the computer that the Web beacon is sent to, the URL of the page the Web user comes from and the time the Web beacon is activated (such as when you view the webpage, advertisement, or e-mail that contains the Web beacon).
HOW WE USE PERSONAL INFORMATION
In general, we use personal information collected on the Site to provide the Services and otherwise process transactions on the Site, to provide support for the Services, to respond to user requests and inquiries, to maintain a record of our dealings with Site users, to develop and improve products and services, to inform users about products or services we think will be of interest and to allow users to connect or search for other customers that share similar interests.
When we use your personal information in our marketing efforts, we provide you with choices (see "Choice," below). We may also receive information from third parties with whom we have business relationships, and may combine this information with the other personal information we maintain about you (for example, we may receive updated information about you, such as an updated billing address, from the financial institution issuing your credit card in connection with billing for SOL REPUBLIC products).
SHARING PERSONAL INFORMATION
When you sign up you will be asked to provide your email address and your name. Your name will be displayed publicly along with photos, stories, posts, and other information you choose to provide in your profile including your city, state, country, birthday and month, gender, and your Web site, blog, and social networking URLS. Certain data such as last name, birthday and gender can be provided to SOL REPUBLIC without displaying to others by choosing settings of "Don't display." Except for first name, if there is other information you do not want displayed publicly, you may choose not to include it in your profile.
We may also post or publish your information when you submit comments, stories, photos, and videos in connection with surveys, contests, sweepstakes, or promotions offered on the Site.
We do not share, sell, trade, or rent personal information to third parties, including for their own marketing purposes without your prior consent except in the limited circumstances described in this Policy. We may share personal information with third-party vendors who assist us in operating our business. These functions may include, for example, analyzing traffic information or other data, providing marketing assistance to us, mailing items, processing credit card transactions, and fulfilling or delivering orders. In all cases, we limit the information shared with our third-party vendors to that which is necessary to carry out those functions.
We also disclose personal information when we believe it is appropriate to comply with the law (e.g., a subpoena, warrant or court order) or respond to lawful requests and legal process; to enforce or apply this Policy or our other policies or agreements; to initiate, render, bill and collect for amounts owed to us; to protect the rights and property of SOL REPUBLIC, our agents, our community members, our customers' and others; to protect our community members, customers and others from fraudulent, abusive, or unlawful use of the Site or Services; or if we reasonably believe that disclosure is needed to respond to an emergency or protect the personal safety of any person.
In addition, information about our customers, including personally identifiable information, may be disclosed or transferred as part of any merger, acquisition, debt financing or sale of company assets, as well as in the event of an insolvency, bankruptcy or receivership in which personally identifiable information could be transferred to third parties as one of our business assets.
We encourage parents to take an active interest in their children's use of the Internet. The Site is not designed to collect personal information from children who are under 13 years of age, and we do not intend to or knowingly collect such information. If you are under 13, you should not provide personal information on our Site.
We use reasonable security measures in an effort to prevent loss, misuse, unauthorized access, disclosure, destruction and alteration of information while it is under our control. We cannot, however, guarantee the protection of information against such events, nor can we promise that your information may be not be disclosed or accessed by accidental circumstances or by the unauthorized acts of others.
When you register for an account on the Site, we ask you to create a password. To protect the confidentiality of your personal information, you must keep your password confidential and not disclose it to any other person. You are responsible for all uses of the Site by any person using your password. Please advise us immediately if you believe your password has been misused or otherwise misappropriated.
To opt-out of receiving marketing or other promotional communications from us, to access, change or delete your personal information maintained by us, or to otherwise change your choices about how we use your personal information we provide you with the following options: you may (1) follow the "Unsubscribe" instructions contained in the communication from us; (2) e-mail us at info@SOL REPUBLIC.com or (3) write to us at the following address with your request:
SOL REPUBLIC, Inc.
1000 Van Ness Avenue
San Francisco, CA 94109
Opt-out requests will not apply to transactional service messages, including security alerts and notices about your current account and services.
We welcome your feedback. If you have any comments or concerns about this Policy or would like to contact us for any reason, you may reach us via e-mail at info@SOL REPUBLIC.com. Thanks for visiting www.SOL REPUBLIC.com!