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Terms of Use

SonicSole’s Terms of Use and Service of Website and Mobile App

Date of last update: May 23 2018.

 

Introduction

You have reached the Terms of Use and Service (the “Terms”) for the website located at www.sonicsole.com (the “Site”), including its sub-domains and mobile optimized version, as well as SonicSole the mobile applications (iPhone and Android) and related players, widgets, social features or plug-ins, content and further applications, plus any other services now known or later developed by SonicSole Inc. These Terms shall also include any ancillary terms, Supplementary Terms and Conditions, guidelines, our Privacy Policy (the “Policy”) and other documents made available by us from time to time and incorporated herein by reference. The Site and mobile applications are provided to you by SonicSole Inc., hereinafter referred to as “SonicSole”, and also ‘us’, ‘its’, ‘ours’ and/or ‘we’, as used herein refer to SonicSole and/or its affiliates, assignees, successors and/or brands. These Terms constitute a legally binding agreement between you and us. If you do not agree to these Terms, please, exit the Site and stop use of our Services. You must read these Terms and agree in order to use the Site or the mobile app.

As used herein, the terms ‘you’, ‘your’, and/or ‘yourself’ refer to you, a user/visitor/browser of our Site, whether registered under an account or not. To prevent any breach of the Terms hereof and to enforce any available remedy, we reserve the right to undertake any technical, legal or administrative measures that we deem necessary, at any time, without prior notice and in our sole discretion.

Acceptance

If you continue to browse and use the SonicSole Site, install and use the SonicSole app (iPhone or Android) you hereby acknowledge and agree to be bound by and under these Terms which, together with our Policy, will rule SonicSole’s relationship with you in relation to the Site and any services offered thereby (the “Service(s)”). These Terms also limit the remedies that may be available to you in the event of a dispute with us.

Services

SonicSole provides its clients, visitors and/or users with a platform designed to help people get motivated to go running, walking and jogging, using the power of music via customized running music tracks, combined with virtual coaching in order to create a running experience that is fun and engaging for our users. Our users can choose different music styles, durations, levels and virtual coaches in order to find the right running experience for their taste and level. We may include other Services and functionalities from time to time. Your access to the Site is only offered for your individual, non-commercial use, and not for the use or benefit of any third party you may represent.

Access to the Site may be terminated or suspended without prior notice or liability of SonicSole. You represent and warrant to us that you have all right, title, and interest to any and all content you may post, upload or otherwise disseminate through the Site.

Supplementary Terms and Conditions

The Services may also include access to certain optional features and services for reporting and managing fitness data. Our Service is a collection of premium services that may be available only under certain Supplementary Terms and Conditions, in addition to these Terms, and therefore are subject to your payment of any additional fees any Supplementary Terms and Conditions, as SonicSole may inform you from time to time. By signing up for the SonicSole service through your account settings page, you acknowledge and agree to the terms and conditions in these Terms.

Prohibited Activities

You agree not to, and will not undertake, motivate, or facilitate the use or access of the Site and/or SonicSole by others to:

  1. Infringe these Terms or allow, encourage or facilitate others to.
  2. Plagiarize and/or infringe the intellectual property rights or privacy rights of any third party.
  3. Enable any process to data-mine the Site (e.g. robots or similar data gathering and extraction tools).
  4. Disturb the normal flow of Services provided within the Site.
  5. Distribute, post or otherwise make available any content that: (i) infringes or endangers the intellectual property rights of any person (e.g. trademark, moral rights, trade secret, copyright, ancillary rights or other); (ii) enables any act that could promote or cause discrimination, racism, harm, libel, hatred or violence against any individual or group; (iii) endangers children and underage persons; (iv) is or allows illegal or fraudulent activities to take place; (v) is or may constitute a criminal or capital offense or otherwise infringes any applicable law; and/or (vi) is or can be considered to be obscene, threatening/defamatory, plagiarized, firearms, tobacco, alcohol, marijuana, gambling, binary options, Forex, pornographic or analogous;
  6. Create a link from the Site to another website or document without SonicSole’s prior written consent;
  7. Obscure or edit any copyright, trademark or other proprietary rights notice or mark appearing on the Site;
  8. Create copies or works of the Site or any part thereof;
  9. Otherwise reverse engineer, decompile or extract the Site’s source code;
  10. Remit or otherwise make or cause to deliver unsolicited advertising, email spam or other chain letters;
  11. Collect, receive, transfer or disseminate any personally identifiable information of any person without consent from title holder; and/or
  12. Pretend to be or misrepresent any affiliation with any legal entity or third party.

You also acknowledge and accept that any violation of the aforementioned provisions may result in the immediate termination of your access to the Site or mobile app and use of our Services, without refund, reimbursement, or any other credit on our part.

Account

In order to use some or all of the functionalities and Services provided via the Site or the mobile app, you may need to register for an account. You are solely responsible for the activity that occurs on your account and for keeping your password secure and confidential. We reserve the right, at our sole and final discretion, to deactivate, freeze, suspend or terminate your account upon any factual or alleged breach of these Terms. You must notify SonicSole immediately of any change in your eligibility to use the Site or mobile app, if you suspect a breach of security or unauthorized use of your account.

You may terminate and/or cancel your subscription through your accounts settings page. There are no refunds for any fees paid. You are responsible for terminating your account and we are not responsible for your failure to properly terminate your Services, nor for any credit card charges and fees you may incur as a result of your failure to properly terminate your Services.

Fees for the Service

If you opt to sign up for any of our subscription plans, you will be subject to monthly subscription fees in accordance with any fee schedule and related information that SonicSole may inform you from time to time. You will be required to submit payment monthly in advance for access to the Service. Access to the Service will be disabled until payment is received. Fees will be billed monthly on an ongoing and recurring basis, even if you are not actively using the Service.

You are responsible for reviewing your fee schedule from time to time and remaining aware of the fees charged by us and any applicable discounts. Your fees, including subscriber or any discounts, are subject to change at any time, in our sole and final discretion. We will use good faith efforts to notify you prior to the effectiveness of any significant change to our fees.

Data processing

Personal data includes all information relating to an identified or identifiable person (natural or legal). These may include name, physical address, e-mail address, telephone number or IP address.

We process two types of data:

  • Personal data that you voluntarily transmit to us, for example by installing the SonicSole app on your smartphone or creating a customer account, by filling in a contact form on the SonicSole Site or by subscribing to our newsletter, but also through your IP address.
  • Anonymous data, such as the time of connection to the site, the URL of the page requested, the type of browser used.

The collection, processing and use of your personal data is carried out by us or by third party service providers appointed by us. Apart from these providers, your data will not be passed on to third parties, unless required by law.

The personal data you send us will only be used to process your request. We never sell your personal data to third parties.

 Payments

We use third-party payment processors such as credit card and/or PayPal to bill you for any purchases made through the Site or the mobile app via an external, third party payment system. The processing of payments will be subject to the fees, terms, conditions and privacy policies of such payment processors. SonicSole is not responsible for any and all errors by the payment processors. Any currency conversion fees and expenses are responsibility of our third-party payment processors, not us.

Parental Notice

Upon the terms and conditions of 47 U.S.C. Section 230(d), SonicSole informs its users about the commercial availability of parental control mechanisms which may assist them in limiting access to minors of material that is or may be considered harmful. SonicSole thereby encourages parents, legal guardians and responsible adults to be actively involved in the safe use of the Internet by children and minors. SonicSole does not knowingly provide its Services to persons under the age of sixteen (16) .   Users over the age of sixteen (16) can use the Site freely, but are otherwise prohibited from providing SonicSole with personally identifiable information of persons under the age of sixteen (16) without the consent of their parents or legal guardians.

No Spam

We reserve the right to screen our content to locate and delete any spam or deceiving coupon, code, offer or link to any product or service. We will not tolerate, and we will not allow others to undertake though our Services or Site, any and all massive delivery of unsolicited bulk communications to our users or to any third party, in compliance with the Controlling the Assault of Non-Solicited Pornography And Marketing Act (‘CAN-SPAM Act’). Please see our Policy for more information.

License

Subject to your compliance of these Terms and our Policy, and in order for you to use and access our Services and Site, SonicSole hereby grants you a limited license, royalty free, non-sublicensable, non-exclusive, revocable, non-transferable and for the entire world; in accordance with the terms and conditions set forth herein.

User Generated Content

The Services may now or in the future include functionality to permit the submission of user generated content at the direction of users of our Services (the “User Content”) and the hosting, sharing, and/or publishing of such User Content. You understand that whether or not such User Content is published, we do not guarantee any confidentiality with respect to any submissions.

You shall be solely responsible for User Content you submit and the consequences of our posting or publishing such User Content. In connection with any User Content you submit, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Services and these Terms; and (ii) you have the express consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Services and these Terms.

By submitting the User Content to us, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the User Content in connection with our provision of the Services and our (and our successor’s) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Services a non-exclusive license to access your User Content through the Services, if you have permitted such access through your account settings, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Services and under these Terms. We may maintain copies of any User Content for purposes of backup, security, or maintenance, or as required by law.

We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any User Content.

Ownership

The trademarks, copyright, service marks, trade names and other intellectual and proprietary notices displayed on the Site are the property of – or otherwise are licensed to – SonicSole or its licensors or affiliates, whether acknowledged (or not), and which are protected under intellectual and proprietary rights in the United States of America and other jurisdictions throughout the world. Respective titleholders may or may not be affiliated with us or our affiliates, partners and advertisers.

No section hereof shall be construed as intent to grant to you any interest in the Site or our Services, in whole or in part. All content and materials included as part of the Services, such as images, photographs, graphics, texts, forms, lists, charts, guidelines, data, logos, code, icons, videos, audio and other content are the property of, are licensed to or are otherwise duly available to SonicSole, its affiliates, its licensors or to the appertaining third party copyrights holder.

You acknowledge and agree that any and all infringing use or exploitation of copyrighted content in the Site and our Services may cause us, our affiliates, licensors or content providers irreparable injury, which may not be remedied solely at law, and therefore our affiliates, licensors or content providers may seek remedy for breach of these Terms, either in equity or through injunctive or other equitable relief.

Digital Millennium Copyright Act (‘DMCA’) Notice

In compliance with the DMCA, SonicSole informs you that SonicSole Inc. is its Designated Copyright Agent for DMCA Takedown Notices and intellectual property rights infringement policing though the Site, which you may contact at 4757 Don Porfirio Pl. Los Angeles, CA or support@sonicsole.com. You must notify us of your claim with subject: “Takedown Request”. Once received, SonicSole will study your claim.

Your notification claim must be in writing and must at least contain the following information: (i) your signature and identification, or the ones the person authorized to act on behalf of you or the title holder; (ii) a clear and concise description of the content of which its copyright has allegedly been infringed; (iii) contact information (e.g. address and email); and (iv) a statement, under penalty of perjury, indicating that you have a good faith belief that the information provided in your claim is true and accurate.

Third party links

From time to time, our Site and Services may contain hyperlinks to other websites. These links are for your personal convenience and to provide you with further information which may be of interest to you. The provision of such links does not imply any endorsement of such third party websites (or their products and services). Some or all of the images and other content displayed on the Site are licensed and/or purchased stock photos, and are only for illustrative purposes, that is, they may not accurately purport the look and form of a certain item, product or service.

Newsletter

By installing the mobile app on your smartphone you agree to receive SonicSole information via email, including password reset codes, product information, training information, company news and potential offers from third party providers.

Our newsletters allow us to send you relevant information and offers. If you wish to receive the newsletter, please provide us with a valid e-mail address.

You can revoke your newsletter subscription at any time, either by clicking on the link provided for this purpose and inserted in each of our newsletters, or by contacting us at the address indicated at the bottom of the page.

Changes to these Terms

SonicSole hereby reserves the right to update, modify, change, amend, terminate or discontinue the Site, the Terms and/or the Policy, at any time and at its sole and final discretion. SonicSole may change the Site’s functionalities and (any) applicable fees at any time. Any changes to these Terms will be displayed in the Site, and we may notify you through the Site or by email. Please, refer to the date shown below for the date where effective changes were last undertook by us. Your use of our Services after the effective date of any update– either by an account registration or simple use – thereby indicates your acceptance thereof.

No endorsement

The images, texts, posts, information, photographs and other content and media displayed on or through the Site are not necessarily available and any results therefrom – which we cannot ultimately control – are out of our ultimate and complete scope, and do not reflect SonicSole’ opinions, nor do SonicSole, its affiliates, subsidiaries, officers, employees and agents guarantee its actual veracity or make any endorsement thereof.

No Medical Advice

SonicSole provides the Services for you to track, manage, and share your fitness activities. THE SERVICES DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE OR OPINION. Neither SonicSole nor its affiliates, subsidiaries, licensors, shareholders, agents, employees or representatives are licensed medical and/or healthcare professionals, and are not in the business of providing medical advice of any kind. You should always consult a qualified and licensed medical professional prior to beginning or modifying any diet or exercise program. YOUR USE OF THE SITE, THE SERVICES OR THE MOBILE APPLICATION DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND SONICSOLE.

No Warranty

Neither SonicSole, nor its affiliates, subsidiaries, officers, employees and agents warrantee that the Site will be error-free, uninterrupted, secure, or produce any particular results; or that any information, quick start guides, sheets, checklists, step-by-step guides, reference guides and/or sample filing forms will be current, useful and/or valid, or that it will produce any particular results or that the information obtained therefrom will be reliable or accurate. No advice or information given by SonicSole or its employees, affiliates, contractors and/or agents shall create a guarantee.

Neither SonicSole nor its affiliates, licensors, owners, subsidiaries, brands or advertisers are an attorney or a professional advisor in any industry. The results described in the Site are not typical and will vary based on a variety of factors outside the control of SonicSole. Your use of any information and/or materials on this Site is entirely at your own risk, for which we shall not be held liable.

Disclaimer of Damages

To the fullest extent allowable under applicable law, SonicSole hereby expressly disclaims any and all representations and warranties of any kind with respect to the Site, including any and all liability arising out of or related to any purported facts or information and description of any information, products and/or Services displayed on our Site, including all warranties of any kind, whether express or implied; including, without limitation, warranties of title, merchantability, accuracy, completeness, reliability, suitability, fitness for a particular purpose or non-infringement.

Your use of our Site is at your own risk, and therefore you hereby acknowledge and agree that we supply our Site and Services “as is”, “with all faults”, and “as available”, including all content, quick start guides, sheets, checklists, step-by-step guides, reference guides, sample filing forms, software, materials, services, functions, and/or information made available thereby. It shall be your own responsibility to ensure that any products, Services or information available through this Site meet your specific requirements.

Limitation of Liability

In no event shall SonicSole be liable to you or to any third party for any direct, indirect, incidental, consequential, special, exemplary or punitive damages, including but not limited to: damages for business interruption, loss of profits, loss of data, computer or software failure or inaccessibility or any other type of personal damages or losses arising out of or related to your use of or inability to use the Site; however caused or however awarded, regardless of the theory of liability applied (including contract, warranty or tort), whether active, passive or imputed, including negligence, strict liability, product liability or other legal theory, regardless of the product or service offered by action or inaction by merchant; and even if you have been advised of the possibility of such damages.

In recognition of the relative risks and benefits of the Services provided via the Site, to both SonicSole and the customer, the risks have been allocated such that you, our customer, hereby acknowledges and agrees, to the fullest extent permitted by law, to limit the maximum cumulative liability of SonicSole to you for any and all claims, losses, costs, damages of any nature, arising out of or related to your use of the Site and any Services thereon or whatsoever claims expenses from any cause or causes (including reasonable attorneys’ fees and costs and expert witness fees and costs), to the amount that is or results inferior among: (i) the amount paid, if any, by you to us in connection with the Site and any Services during the twelve (12) months prior to the action giving rise to such liability; or (

Certain jurisdictions do not allow the exclusion or limitation of implied warranties or damages. Henceforth, if you fall under rule of such jurisdictions, part or all of the disclaimers or liability limitations mentioned herein may not apply to you, and you might have additional rights not limited by law.

Indemnification

You agree to indemnify, defend and hold SonicSole and its independent contractors, affiliates, subsidiaries, officers, employees and agents, and their respective employees, agents and representatives, harmless from and against any and all actual or threatened proceedings (at law or in equity), suits, actions, damages, claims, deficiencies, payments, settlements, fines, judgments, costs, liabilities, losses and expenses (including, but not limited to, reasonable expert and attorney fees and disbursements) arising out of, caused or resulting from: (i) your conduct and any user content; (ii) your violation of these Terms or the Policy; or (iii) your violation of the rights of any third-party.

Generals

Assignment. You may not assign or transfer these Terms by operation of law or otherwise without our prior written consent.

Force Majeure. SonicSole is no liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond SonicSole’s reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure.

Headings. The titles of paragraphs in these Terms are shown only for ease of reference and will not affect any interpretation therefrom.

No Waiver. Failure by SonicSole to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.

No Relationship. You and SonicSole are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

Notices. Any notices or communications among the parties to these Terms shall be done in writing and shall be delivered to any address the parties may provide. For communications by e-mail, the date of receipt will be the one in which confirmation receipt notice is obtained.

Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms will remain in full force and effect. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder.

Waiver for California Residents If you are a user currently residing in the State of California, you hereby acknowledge and waive Section 1542 of the California Civil Code, which states: “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.”

Applicable Law. Your use of this Site and any cause of action, claim and/or dispute that might arise between the parties hereon, shall be subject to the laws of the State of California, United States of America, without regard to conflict of law principles.

Forum. You agree that any dispute arising from or relating to these Terms will be heard solely by a court or tribunal of competent jurisdiction in or nearest to the City of Los Angeles, State of California, United States of America.

Notice for California Residents. As indicated in the California Civil Code, Section 1789.3, our California users have the right to be made aware of this information: the Site is provided by SonicSole Inc. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

Contact

If you have any questions or queries about us, our Site or Mobile app, our Services, our Policy or these Terms, your Personal Data, please contact us at 4757 Don Porfirio Pl, Los Angeles, CA, by email to support@sonicsole.com.