Terms and Conditions
Last updated TAC:06/15/24
1. Introduction
Soupee LLC ("us", "we", or "our") operates the main website (soupee.net) and all of its other services, both of which includes but is not limited to: additional goods, products, services, websites, and applications (the "Services"). These Terms and Conditions apply to our Services. You may be bound by additional contracts related to your relationship with us or any products or services that you receive from us. If any provisions of the additional contracts conflict with any provisions of these Terms, the provisions of these additional contracts will control and prevail.
2. Binding
By registering with, accessing, or otherwise using our Services, you hereby agree to be bound by these Terms and Conditions set forth below. The mere use of our Services implies the knowledge and acceptance of these terms and conditions. In some particular cases, we can also ask you to explicitly agree.
3. Electronic communication
By using our Services or communicating with us by electronic means, you agree and acknowledge that we may communicate with you electronically on our Services or by sending an email to you, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement, including but not limited to the requirement that such communications should be in writing.
4. Intellectual property
Third party intellectual property are properties of their respective owners, and may appear on our site or other Services; we make no claim of ownership to any third party intellectual property. All other content is owned by us or is used by our affiliates and licensors with permission.
4.1. All the rights are reserved
Unless specific content dictates otherwise, you are not granted a license or any other right under Copyright, Trademark, Patent, or other Intellectual Property Rights. This means that you will not use, copy, reproduce, perform, display, distribute, embed into any electronic medium, alter, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market, or commercialize any resources on our Services in any form, without our prior written permission, except and only insofar as otherwise stipulated in regulations of mandatory law (such as the right to quote).
4.2. Digital Millennium Copyright Act ("DMCA")
We respect the intellectual property rights of others. Per the DMCA, we will respond expeditiously to claims of copyright infringement on our Services if submitted to our Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, we will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright protected content.
If you believe that your intellectual property rights have been violated by us or by a third party who has uploaded materials to our Services, please provide the following information to the designated Copyright Agent listed below:
1. A description of the copyrighted work or other intellectual property that you claim has been infringed;
2. A description of where the material that you claim is infringing is located on the Services;
3. An address, telephone number, and email address where we can contact you and, if different, an email address where the alleged infringing party, if not us, can contact you;
4. A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
5. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf;
6. Your non-keyboard based electronic or physical signature.
We may request additional information before removing any allegedly infringing material. In the event that we remove the allegedly infringing materials, we will notify the person responsible for posting such materials that we removed or disabled access to the materials as soon as possible. We may also provide the responsible person with your email address so that the person may respond to your allegations. Pursuant to 17 U.S.C. 512(c), our designated Copyright Agent is:
ip[at]soupee[dot]net
5. Newsletter
Notwithstanding the foregoing, you may forward our newsletter in the electronic form to others who may be interested in visiting our Services.
5.1. Purchases
We may sell our Services that are for purchase. There are no refunds; all sales are final. Subscription benefits may end when the subscription is suspended, cancelled, terminated, or when the billing period ends. Disputes and/or chargebacks brought by you may lead to suspension and/or termination of our Services to you. Our Services may offer in-Service methods, with verification, to request to cancel a subscription, or provide directions on how to cancel a subscription.
6. Third-party property
Our Services may include hyperlinks or other references to other party’s websites. We may monitor or review the content of other party’s websites which are linked to from our Services. Products or services offered by other websites shall be subject to the applicable Terms and Conditions of those third parties. Opinions expressed or material appearing on those websites are not necessarily shared or endorsed by us. We will not be responsible for any privacy practices or content of these sites. You bear all risks associated with the use of these websites and any related third-party services. We will not accept any responsibility for any loss or damage in whatever manner, however caused, resulting from your disclosure to third parties of personal information.
7. Responsible use
By visiting our website or using our Services, you agree to use it only for the purposes intended and as permitted by these Terms, any additional contracts with us, and applicable laws, regulations, and generally accepted online practices and industry guidelines. You must not use our Services to use, publish or distribute any material which consists of (or is linked to) malicious computer software; use data collected from our Services for any direct marketing activity, conduct any systematic or automated data collection activities on or in relation to our Services, or any illegal activities. Engaging in any activity that causes, or may cause, damage to the Services or that interferes with the performance, availability, or accessibility of the Services is strictly prohibited.
8. Registration
You may register for an account with our any of our Services. During this process, you may be required to choose a password. You are responsible for maintaining the confidentiality of passwords and account information and agree not to share your passwords, account information, or secured access to our Services with any other person. You must not allow any other person to use your account to access the Services because you are responsible for all activities that occur through the use of your passwords or accounts. You must notify us immediately if you become aware of any disclosure of your password. After account termination, you will not attempt to register a new account without our permission. We may, at any time, ask for additional verification; you are responsible for ensuring that the aforementioned verification is properly provided and in a timely manner. This may include, but is not limited to: email address, website domain, business structure.
9. Content posted by you
We may provide various open communication tools on our Services, such as blog comments, blog posts, forums, message boards, ratings and reviews, and various social media services. It might not be feasible for us to screen or monitor all content that you or others may share or submit on or through our Services. We reserve the right to review the content and to monitor all use of and activity on our Services, and remove or reject any content in our sole discretion. By posting information or otherwise using any open communication tools as mentioned, you agree that your content will comply with these Terms and Conditions and must not be illegal or unlawful or infringe any person’s legal rights. This includes but is not limited to: malware, profanity, child pornography, violent threats, adult-level (18+) content (violence, pornography), copyright/trademark infringing; we reserve the right to remove the aforementioned content.
10. Idea submission
Do not submit any ideas, inventions, works of authorship, or other information that can be considered your own intellectual property that you would like to present to us unless we have first signed an agreement regarding the intellectual property or a non-disclosure agreement. If you disclose it to us absent such written agreement, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.
11. Termination of use
We may, in our sole discretion, at any time modify or discontinue access to, temporarily or permanently, the Services thereon. You agree that we will not be liable to you or any third party for any such modification, suspension or discontinuance of your access to, or use of, the Services or any content that you may have shared on the Services. You will not be entitled to any compensation or other payment, even if certain features, settings, and/or any Content you have contributed or have come to rely on, are permanently lost. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Services.
12. Warranties and liability
Nothing in this section will limit or exclude any warranty implied by law that it would be unlawful to limit or to exclude. Our Services and all content on the Services are provided on an “as is” and “as available” basis and may include inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, whether express or implied, as to the availability, accuracy, or completeness of the Content. We make no warranty that:
these Services will meet your requirements;
these Services will be available on an uninterrupted, timely, secure, or error-free basis;
the quality of any products or goods purchased or obtained by you through this website or other Services will meet your expectations.
Nothing on these Services constitutes or is meant to constitute, legal, financial or medical advice of any kind. If you require advice you should consult an appropriate professional. The following provisions of this section will apply to the maximum extent permitted by applicable law and will not limit or exclude our liability in respect of any matter which it would be unlawful or illegal for us to limit or to exclude our liability. In no event will we be liable for any direct or indirect damages (including any damages for loss of profits or revenue, loss or corruption of data, software or database, or loss of or harm to property or data) incurred by you or any third party, arising from your access to, or use of, our Services. Except to the extent any additional contract expressly states otherwise, our maximum liability to you for all damages arising out of or related to the Services or any products and services marketed or sold through the Services, regardless of the form of legal action that imposes liability (whether in contract, equity, negligence, intended conduct, tort or otherwise) will be limited to the cost of the Services paid for by you. Such limit will apply in the aggregate to all of your claims, actions and causes of action of every kind and nature.
13. Privacy
To access our Services, you may be required to provide certain information about yourself as part of the registration process. You agree that any information you provide will always be accurate, correct, and up to date. We take your personal data seriously and are committed to protecting your privacy. We will not use your email address for unsolicited mail. Any emails sent by us to you will only be in connection with the provision of agreed Services. For more information, you may read our Privacy Policy.
14. Export restrictions / Legal compliance
Access to the products or services from territories or countries where the content or purchase of the products or services sold on the website or other Services is illegal is prohibited. You may not use these Services in violation of export laws and regulations of United States.
15. Affiliate marketing
Through this Website we may engage in affiliate marketing whereby we receive a percentage of or a commission on the sale of services or products on or through this website or any of the Services. We may also accept sponsorships or other forms of advertising compensation from businesses. This disclosure is intended to comply with legal requirements on marketing and advertising which may apply, such as the US Federal Trade Commission Rules.
16. Assignment
You may not assign, transfer or sub-contract any of your rights and/or obligations under these Terms and conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this Section will be null and void.
17. Breaches of these Terms and conditions
Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including temporarily or permanently suspending your access to the Services, contacting your internet service provider to request that they block your access to the Services, and/or commence legal action against you.
18. Force majeure
Except for obligations to pay money hereunder, no delay, failure or omission by either party to carry out or observe any of its obligations hereunder will be deemed to be a breach of these Terms and conditions if and for as long as such delay, failure or omission arises from any cause beyond the reasonable control of that party.
19. Indemnification
You agree to indemnify, defend and hold us harmless, from and against any and all claims, liabilities, damages, losses and expenses, relating to your violation of these terms and conditions, and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for our damages, losses, costs and expenses relating to or arising out of such claims.
20. Waiver
Failure to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.
21. Language
These Terms and Conditions will be interpreted and construed exclusively in English. All notices and correspondence will be written exclusively in that language.
22. Entire agreement
These terms and conditions, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of these Services.
23. Updating of these terms and conditions
We may update these Terms and Conditions from time to time. It is your obligation to periodically check these Terms and Conditions for changes or updates. The date provided at the beginning of these Terms and Conditions is the latest revision date. Changes to these Terms and Conditions will become effective upon such changes being posted to our websites. We may post changes to our mailing list, which is available to sign up on the front page of our main website. Your continued use of our Services following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions.
24. Choice of Law and Jurisdiction
These Terms and Conditions shall be governed by the laws of the state of Alaska. Any disputes relating to these Terms and Conditions shall be subject to the jurisdiction of the courts of the state of Alaska, including the federal district courts of the state of Alaska. If any part or provision of these Terms and Conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, such part or provision will be modified, deleted and/or enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions. The other provisions will not be affected.
25. Contact information
Our Services are owned and operated by us. You may contact us regarding these terms and conditions using the contact form on our main website.