"Terms of Service" of Soulover
Last updated: Mar.22, 2024
Welcome to Soulover!
These Terms of Service ("Terms") govern your use of Soulover and the software, content, our mobile app Soulover for iOS (the "Apps").
Please read these terms carefully before you start using the Services.
The term "device" refers to the device which is used to access the Services including but not limited to computers, smartphones and tablets.
The term "you" refers to the user of the Services.
When you sign up for any of the Services or otherwise use or access them, you agree to be bound by these Terms and all applicable laws, rules, and regulations. By using the Services, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the services.
OUR SERVICES
Soulover offers【a self-help program based on communication with your personal chatbot through a text and voice interface. 】
1.1. Modification of the service
We reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Soulover will not be liable to you or to any third party for any modification, suspension or discontinuance of any the Services.
1.2. Suspension or termination of services
We may suspend or terminate your use of the Services as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice.
1.3.General practices regarding use and storage
You acknowledge that we may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on our servers on your behalf. You agree that Soulover has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. You acknowledge that we reserve the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
You are solely responsible for all code,
video, images, information, data, text, software, music, sound, photographs,
graphics, messages or other materials ("content") that you upload, post,
publish or display (hereinafter, "upload") or email or otherwise use via the
Services. The following are examples of the kind of content and/or use that is
illegal or prohibited by Soulover. We reserve the right to investigate and take
appropriate legal action against anyone who, in our sole discretion, violates
this provision, including without limitation, removing the offending content
from the Services, suspending or terminating the account of such violators and
reporting you to the law enforcement authorities. You agree to not use the
Services to: a.
Email or otherwise upload any content that (i) infringes any intellectual property or
other proprietary rights of any party; (ii) you do not have a right to upload under
any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other
computer code, files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications
equipment; (iv) poses or creates a privacy or security
risk to any person; (v) constitutes unsolicited or unauthorized
advertising, promotional materials, commercial activities and/or sales, "junk
mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes,"
or any other form of solicitation; (vi) is unlawful, harmful, threatening,
abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene,
pornographic, libelous, invasive of another’s privacy, hateful racially,
ethnically or otherwise objectionable; or (vii) in the sole judgment of Soulover, is
objectionable or which restricts or inhibits any other person from using or
enjoying the Services, or which may expose Soulover or its users to any harm or
liability of any type; b.
Interfere with or disrupt the Services or servers or networks connected to the
Services, or disobey any requirements, procedures, policies or regulations of
networks connected to the Services; or c.
Violate any applicable local, state, national or international law, or any
regulations having the force of law; d.
Impersonate any person or entity, or falsely state or otherwise misrepresent
your affiliation with a person or entity; e.
Solicit personal information from anyone under the age of 18; f.
Harvest or collect email addresses or other contact information of other users
from the Services by electronic or other means for the purposes of sending
unsolicited emails or other unsolicited communications; g.
Advertise or offer to sell or buy any goods or services for any business
purpose that is not specifically authorized; h.
Further or promote any criminal activity or enterprise or provide instructional
information about illegal activities; or i.
Obtain or attempt to access or otherwise obtain any materials or information
through any means not intentionally made available or provided for through the
Services. The Service is for personal use only. Unless
otherwise expressly authorized herein or in the Services, you agree not to
display, distribute, license, perform, publish, reproduce, duplicate, copy,
create derivative works from, modify, sell, resell, exploit, transfer or upload
for any commercial purposes, any portion of the Services, use of the Services,
or access to the Services. These Services do not address anyone under
the age of 13. We do not knowingly collect personally identifiable information
from minors under 13 years of age. In the case we discover that a minor under
13 has provided us with personal information, we immediately delete this from
our servers. If you are a parent or guardian and you are aware that your child
has provided us with personal information, please contact us so that we will be
able to do the necessary actions. If you’re using the app outside of an area
with Wi-Fi, you should remember that your terms of the agreement with your
mobile network provider will still apply. As a result, you may be charged by
your mobile provider for the cost of data for the duration of the connection
while accessing the app, or other third party charges. In using the app, you’re
accepting responsibility for any such charges, including roaming data charges
if you use the app outside of your home territory (i.e. region or country)
without turning off data roaming. If you are not the bill payer for the device
on which you’re using the app, please be aware that we assume that you have
received permission from the bill payer for using the app. Some of our Services are available via a
mobile device, including (i) the ability to upload content to the Services via
a mobile device, (ii) the ability to browse the Services and the Website from a
mobile device and (iii) the ability to access certain features through an
application downloaded and installed on a mobile device (collectively, the
"Mobile Services"). To the extent you access the Services through a mobile
device, your wireless service carrier’s standard charges, data rates, and other
fees may apply. In addition, downloading, installing, or
using certain Mobile Services may be prohibited or restricted by your carrier,
and not all Mobile Services may work with all carriers or devices. By using the
Mobile Services, you agree that we may communicate with you regarding Soulover
and other entities by SMS, MMS, text message or other electronic means to your
mobile device and that certain information about your usage of the Mobile
Services may be communicated to us. In the event you change or deactivate your
mobile telephone number, you agree to promptly update your Soulover account information
to ensure that your messages are not sent to the person that acquires your old
number. 2.6. Special notice for international use; Export controls Software (defined below) available in
connection with the Services and the transmission of applicable data, if any,
is subject to United States export controls. No Software may be downloaded from
the Services or otherwise exported or re-exported in violation of U.S. export
laws. Downloading or using the Software is at your sole risk. Recognizing the global
nature of the Internet, you agree to comply with all local rules and laws
regarding your use of the Service, including as it concerns online conduct and
acceptable content. INTELLECTUAL PROPERTY RIGHTS 3.1. Service content, software, and trademarks You acknowledge and agree that the Services
may contain content or features ("Service Content") that are protected by
copyright, patent, trademark, trade secret or other proprietary rights and
laws. Except as expressly authorized by Soulover, you agree not to modify,
copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative
works based on the Services or the Service Content, in whole or in part, except
that the foregoing does not apply to your own User Content (as defined below)
that you legally upload to the Services. In connection with your use of the
Services, you will not engage in or use any data mining, robots, scraping or
similar data gathering or extraction methods. If you are blocked by Soulover
from accessing the Services (including by blocking your IP address), you agree
not to implement any measures to circumvent such blocking (e.g., by masking
your IP address or using a proxy IP address). Any use of the Services or the
Service Content other than as specifically authorized herein is strictly
prohibited. The technology and software underlying the Services or distributed
in connection therewith are the property of Soulover, our affiliates and our
partners (the "Software"). You agree not to copy, modify, create a derivative
work of, reverse engineer, reverse assemble or otherwise attempt to discover
any source code, sell, assign, sublicense, or otherwise transfer any right in
the Software. Any rights not expressly granted herein are reserved by Soulover. Under no circumstances will Soulover be
liable in any way for any content or materials of any third parties (including
users), including, but not limited to, for 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 such content. You acknowledge that Soulover does not pre-screen content,
but that Soulover and its designees will have the right (but not the
obligation) in their sole discretion to refuse or remove any content that is
available via the Services. Without limiting the foregoing, Soulover and its
designees will have the right to remove any content that violates these Terms
of Service or is deemed by Soulover, in its sole discretion, to be otherwise
objectionable. You agree that you must evaluate, and bear all risks associated
with, the use of any content, including any reliance on the accuracy,
completeness, or usefulness of such content. 3.3. User content transmitted through the Services With respect to the content or other
materials you upload through the Services or share with other users or
recipients (collectively, "User Content"), you represent and warrant that you
own all right, title and interest in and to such User Content, including,
without limitation, all copyrights and rights of publicity contained therein.
By uploading any User Content you hereby grant and will grant Soulover and its
affiliated companies a nonexclusive, worldwide, royalty-free, fully paid up,
transferable, sublicensable, perpetual, irrevocable license to copy, display,
upload, perform, distribute, store, modify and otherwise use your User Content
in connection with the operation of the Services or the promotion, advertising
or marketing thereof in any form, medium or technology now known or later
developed. You acknowledge and agree that any questions,
comments, suggestions, ideas, feedback or other information about the Services
("Submissions"), provided by you to Soulover are non-confidential and Soulover
will be entitled to the unrestricted use and dissemination of these Submissions
for any purpose, commercial or otherwise, without acknowledgment or
compensation to you. You acknowledge and agree that Soulover may
preserve content and may also disclose content if required to do so by law or
in the good faith belief that such preservation or disclosure is reasonably
necessary to: (a) comply with legal process, applicable laws or government
requests; (b) enforce these Terms of Service; (c) respond to claims that any
content violates the rights of third parties; or (d) protect the rights,
property, or personal safety of Soulover, our users and the public. You
understand that the technical processing and transmission of the Services,
including your content, may involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting
networks or devices. Soulover respects the intellectual property
of others, and we ask our users to do the same. If you believe that your work
has been copied in a way that constitutes copyright infringement, or that your
intellectual property rights have been otherwise violated, you should notify
Soulover of your infringement claim in accordance with the procedure set forth
below. We will process and investigate notices of
alleged infringement and will take appropriate actions under the Digital
Millennium Copyright Act ("DMCA") and other applicable intellectual property
laws with respect to any alleged or actual infringement. A notification of
claimed copyright infringement should be emailed to Soulover’s Copyright Agent
at 80ugame@gmail.com (Subject line: "DMCA Takedown Request"). To
be effective, the notification must be in writing and contain the following
information: a. An
electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright or other intellectual property interest; b. A
description of the copyrighted work or other intellectual property that you
claim has been infringed; c. A
description of where the material that you claim is infringing is located on
the Services, with enough detail that we may find it on the Services; d. Your
address, telephone number, and email address; e. A
statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright or intellectual property owner, its agent, or the
law; f. A
statement by you, made under penalty of perjury, that the above information in
your Notice is accurate and that you are the copyright or intellectual property
owner or authorized to act on the copyright or intellectual property owner’s
behalf. If you believe that your User Content 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 upload and use the content in your User Content, you
may send a written counter-notice containing the following information to the
Copyright Agent: a. Your
physical or electronic signature; b.
Identification of the content that has been removed or to which access has been
disabled and the location at which the content appeared before it was removed
or disabled; c. A
statement that you have a good faith belief that the content was removed or
disabled as a result of mistake or a misidentification of the content; and d. Your
name, address, telephone number, and email address, a statement that you
consent to the jurisdiction of the federal court located within Northern
District of California and a statement that you will accept service of process
from the person who provided notification of the alleged infringement. If a counter-notice is received by the
Copyright Agent, Soulover will 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 our
sole discretion. Repeat Infringer Policy: In accordance with
the DMCA and other applicable law, Soulover has adopted a policy of
terminating, in appropriate circumstances and at its sole discretion, users who
are deemed to be repeat infringers. Soulover may also at its sole discretion
limit access to the Services, whether or not there is any repeat infringement. The Services may provide links or other
access to other sites and resources on the Internet. We have no control over
such sites and resources and we are not responsible for and do not endorse such
sites and resources. You further acknowledge and agree that Soulover will not
be responsible or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with use of or reliance on any
content, events, goods or services available on or through any such site or
resource. Any dealings you have with third parties found while using the
Services are between you and the third party, and you agree that Soulover is
not liable for any loss or claim that you may have against any such third
party. You may enable, connect or log in to the
Services via various online third party services, such as social media and
social networking services like Facebook, Instagram or Twitter ("Social
Networking Services"). By logging in or directly integrating these Social
Networking Services into the Services, we make your online experiences richer
and more personalized. To take advantage of this feature and capabilities, we
may ask you to authenticate, register for or log into Social Networking
Services on the websites of their respective providers. As part of such
integration, the Social Networking Services will provide us with access to
certain information that you have provided to such Social Networking Services,
and we will use, store and disclose such information in accordance with our
Privacy Policy. However, please remember that the manner in which Social
Networking Services use, store and disclose your information is governed solely
by the policies of such third parties, and Soulover shall have no liability or
responsibility for the privacy practices or other actions of any third party
site or service that may be enabled within the Service. In addition, Soulover is not responsible for
the accuracy, availability or reliability of any information, content, goods,
data, opinions, advice or statements made available in connection with Social
Networking Services. As such, Soulover is not liable for any damage or loss
caused or alleged to be caused by or in connection with use of or reliance on
any such Social Networking Services. Soulover enables these features merely as
a convenience and the integration or inclusion of such features does not imply
an endorsement or recommendation. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR
STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Soulover MAKES NO WARRANTY THAT (I) THE
SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT
Soulover WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST
OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO
THE SERVICE. IN NO EVENT WILL Soulover’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID COMPANY IN THE LAST
SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE
DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE
ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH
RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR
WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USE OF THE SERVICES. IF YOU ARE A USER FROM NEW JERSEY, THE
FOREGOING SECTIONS TITLED "DISCLAIMER OF WARRANTIES" AND "LIMITATION OF
LIABILITY" ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF
THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID
UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL
NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS. PLEASE READ THIS SECTION CAREFULLY BECAUSE IT
AFFECTS YOUR RIGHTS. BY AGREEING TO BINDING ARBITRATION, YOU WAIVE YOUR RIGHT
TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR
CASE. THE LAWS OF SOME JURISDICTIONS DO NOT ALLOW MANDATORY ARBITRATION
PROVISIONS OR CLASS ACTION WAIVERS, SO SOME OR ALL OF THIS SECTION 8 MAY NOT
APPLY TO YOU. In order to expedite and control the cost of
disputes, Soulover and you agree that any legal or equitable claim, dispute,
action, or proceeding arising from or related to your use of the Services or
these Terms ("Dispute") will be resolved as follows to the fullest extent
permitted by applicable law. This applies to all Disputes, whether based in
contract, tort, statute, fraud, misrepresentation, or any other legal theory,
even if the Dispute arises after the termination of these Terms. YOU UNDERSTAND
AND AGREE THAT YOU AND Soulover ARE HEREBY WAIVING THE RIGHT TO A TRIAL BY JURY
AND THE RIGHT TO JOIN AND PARTICIPATE IN A CLASS ACTION, TO THE FULLEST EXTENT
PERMITTED UNDER THE LAW. a.
Opt-Out of Arbitration Agreement. If you are an individual consumer, you can
opt out of arbitration within 30 days of the date that you first agreed to
these Terms (including any earlier version). If you are an individual consumer
and have previously agreed to arbitration, then you may opt out of any future
revisions to the arbitration provision within 30 days of receiving notice of
the updated arbitration provision, in which case the prior version of the
arbitration provision will apply. To opt out of arbitration (or revisions to
this arbitration provision), you must send your name, residence address,
username, email or phone number you use for your Services account, and a clear
statement that you want to opt out of this arbitration agreement (or of the
revisions to it), and you must send them here: 80ugame@gmail.com. b.
Notice of Dispute. In the event of a Dispute, you or Soulover must give the
other a written statement that sets forth the name, address, and contact
information of the party giving it, the facts giving rise to the Dispute, and a
proposed solution (a "Notice of Dispute").Mail to Soulover via email to 80ugame@gmail.com. Soulover will send any Notice of Dispute to
you by first class U.S. Mail to your address if Soulover has it, or otherwise
to your email address. You and Soulover will attempt to resolve any Dispute
through informal negotiation within 45 days from the date the Notice of Dispute
is sent. After 45 days, you or Soulover may commence arbitration. An arbitrator
will decide any disputes over whether this subsection has been violated, and
has the power to enjoin the filing or prosecution of arbitrations. Unless
prohibited by applicable law, the arbitrator will not administer any
arbitration unless the requirements of this subsection have been met. c.
Mediation, Binding Arbitration, and Governing Law. You and Soulover will
endeavor to settle any Dispute by mediation under the Mediation Rules of
Judicial Arbitration and Mediation Services, Inc. ("JAMS"). The place of
mediation will be Singapore. Any Dispute which has not been resolved by
mediation as provided herein within 30 days after appointment of a mediator or
such time period as you or Soulover may otherwise agree, will be finally
resolved by binding arbitration as described in this Section 8. You are giving
up the right to litigate (or participate in as a party or class member) all
Disputes in court before a judge or jury. Instead, all Disputes will be
resolved before a neutral arbitrator, whose decision will be final except for a
limited right of appeal under the Federal Arbitration Act. The arbitrator will
decide all issues pertaining to arbitrability, including his or her own
jurisdictional validity and enforceability of the Agreement (e.g.,
unconscionability). For the avoidance of doubt, this is not meant to reduce any
powers granted to the arbitrator under the applicable JAMS rules. The place of
arbitration will be Singapore. Any court with jurisdiction over the parties may
enforce the arbitrator’s award. d.
Class Action Waiver. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW,
YOU AND Soulover AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE
IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND NEITHER YOU
NOR Soulover WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY
OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A
REPRESENTATIVE CAPACITY. No arbitration or proceeding will be combined with
another without the prior written consent of all parties to all affected
arbitrations or proceedings. CLASS ACTIONS AND CLASS ARBITRATIONS ARE NOT
PERMITTED; for example, you may bring a claim only on your own behalf and
cannot seek relief that would affect other Services users. Nor may an
arbitrator consolidate arbitrations unless all parties agree. If there is a
final judicial determination that the limitations of this paragraph are
unenforceable as to a particular claim or a particular request for relief (such
as a request for injunctive relief), then the parties agree that such a claim
or request for relief will be decided by a court after all other claims and
requests for relief are arbitrated. e. Mass
Arbitrations. If 10 or more claimants submit similar Notices of Dispute or file
similar arbitrations and are represented by the same or coordinated counsel,
all of the cases must be resolved in arbitration in stages using staged
bellwether proceedings. You agree to do this even though the resolution of some
claims might be delayed. In the first stage, the parties will select up to 5
cases to be filed in arbitration and resolved by separate arbitrators. In the
meantime, no other cases may be filed in arbitration. Nor may the arbitration
provider accept, administer or demand payment for fees for other arbitrations.
If the remaining cases are not settled after the first stage is done, the
parties will repeat the process. These staged bellwether proceedings will
continue until all cases are resolved. If this subsection applies to a Notice
of Dispute, any statute of limitations applicable to the listed claims will be
tolled from the time the first cases are selected for bellwether proceedings
until the claimant’s Notice of Dispute is selected for a bellwether proceeding
or otherwise resolved. A court will have the authority to enforce this
subsection, including the power to enjoin the filing or prosecution of
arbitrations or assessment of related fees. f.
Arbitration Procedures. Any arbitration will be conducted by JAMS under the
JAMS Comprehensive Arbitration Rules and Procedures ("JAMS Rules") in effect at
the time the Dispute is filed. You may request a telephonic or in-person
hearing by following the JAMS Rules. In a dispute involving $10,000 or less,
any hearing will be telephonic unless the arbitrator finds good cause to hold an
in-person hearing instead. To the extent the forum provided by JAMS is
unavailable, Soulover and you agree to select a mutually agreeable alternative
dispute resolution service and that such alternative dispute resolution service
will apply the JAMS Rules. Subject to the limitations of liability contained
herein, the arbitrator may award the same damages to you individually as a
court could. The arbitrator may award declaratory or injunctive relief only to
you individually, and only to the extent required to satisfy your individual
claim. g.
Arbitration Fees. Whoever files the arbitration will pay the initial filing
fee. If Soulover files, then Soulover will pay; if you file, then you will pay
unless you get a fee waiver under the applicable arbitration rules. Each party
will bear the expense of that party’s attorneys, experts, and witnesses, and
other expenses, regardless of which party prevails, but a party may recover any
or all expenses (including attorney’s fees) from another party if the
arbitrator, applying applicable law, so determines. h.
Filing Period. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ANY
DISPUTE UNDER THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR IN AN ARBITRATION
PROCEEDING. The one-year period begins on the earliest date when any of the
events giving rise to the Dispute first occurs. If a claim is not submitted
within one year, it is permanently barred. This period can only be extended by
the written consent of both parties. No statutes or provisions of law that
would toll or otherwise affect the time in which a party may bring a claim will
operate to extend the period limited in this Section 8, and any such statutes
and provisions are hereby waived, to the fullest extent permissible under
applicable law. i.
Enforceability. If the waiver of class actions above is found unenforceable, or
this entire section is found unenforceable, then this entire section will be
null and void. If that happens, you and Soulover agree that our Terms will be
governed by and construed and interpreted in accordance with the laws of
Singapore, without giving effect to conflict of law principles. If a lawsuit or
court proceeding is permitted under our Terms notwithstanding Section 8, you
and Soulover agree that any such dispute will be litigated in the state or
federal courts located in Singapore, and you and Soulover submit to the
personal and exclusive jurisdiction of those courts. By using the Services, you
waive any claims that may arise under the laws of other jurisdictions. You agree that you are solely responsible for
your interactions with any other user in connection with the Service and
Soulover will have no liability or responsibility with respect thereto.
Soulover reserves the right but has no obligation, to become involved in any
way with disputes between you and any other user of the Service. We may update our Terms of Service from time
to time. Thus, you are advised to review this page periodically for any
changes. We will notify you of any changes by posting the new Terms and
Conditions on this page. At Soulover, we respect the privacy of our
users. For details please see our Privacy Policy. By using the Service, you
consent to our collection and use of personal data as outlined therein. If you have any questions or suggestions
about our Terms and Conditions, do not hesitate to contact us at 80ugame@gmail.com.