WEB SITE TERMS OF USE

This Terms of Use agreement ("TOU") sets forth the terms, conditions and guidelines for use of the southpacificsoul.com Website (the "Site") and the services offered on it. This TOU constitutes a legally binding contract between the user ("you" or "your"), on the one hand, and southpacificsoul.com and its affiliates, suppliers and providers, (collectively "we", "us" or "our"), on the other hand. Please read this TOU carefully before using the Site or activating an account with us. By using the Site or completing a purchase, you acknowledge that you have read this TOU, understand it and agree to be bound by its terms, conditions and guidelines, as we may amend from time to time by posting any revised TOU on the Site.

Privacy

Our use of your personal information collected on the Site is governed by the terms of the southpacificsoul.com Privacy Policy. The southpacificsoul.com Privacy Policy sets forth our sole obligations with respect to user data and privacy.

Children

While we cannot prevent children under 13 from viewing the Site, children under the age of 13 may not use or register for the services offered on the Site or purchase merchandise through the Site. We strongly encourages parents and guardians to supervise the activity of all children under the age of 18 when using the Internet.

Trademarks

South Pacific Soul and other marks, graphics, typefaces, trade names and logos appearing on the Site are the trademarks or trade dress of either South Pacific Soul (collectively, "South Pacific Soul Marks"), or of their respective owners, and all rights are reserved. You may not make any use of any South Pacific Soul Marks, or any other trademarks or trade dress appearing on our Site without our express written permission. We retain all ownership in and good will associated with such trademarks and trade dress.

Copyright

Southpacificsoul.com and its suppliers retain all right, title and interest in and to all content (and all compilations thereof), including without limitation, any text, music, sound, photographs video, images, illustrations, icons, graphics, headers, typefaces, data, inventory information, databases or software, that appears on the Site (the "Content"). The Content is protected by U.S. and international copyright law. No right, title or interest to any of the Content is transferred to you by your use of the Site.

You may access and view the Content solely for personal, noncommercial purposes. You may copy limited portions of the Content solely by page caching or printing and solely for personal, noncommercial use, provided that (i) you do not make such Content available to any third party and (ii) you do not remove any proprietary notice from such Content, or alter the Content in any way. You may not: modify, delete, add to, or create derivative works of the Content. You may not publish, distribute, transmit, broadcast or frame the Content in any manner; copy or post the Content for public display; collect, re-purpose or reuse any data or product listings contained in the Content; sell or attempt to sell the Content; exploit the Content for your own purposes; or make derivative use of the Site or its Content. In addition, you agree not to rely on any Content created or posted by us.

Contributed Content

You hereby assign to southpacificsoul.com all right, title and interest in and to any content (including without limitation any text, music, sound, photographs, video, images, illustrations, icons, graphics, and data) that you post on the Site or provide to us in connection with the Site (the "Contributed Content"). When submitting Contributed Content to us, you must not use a false name or email address or otherwise attempt to conceal the origin of your submission. You grant southpacificsoul.com the right to use, at its discretion, your name or other identifying information in connection with Contributed Content. You represent and warrant to and for the benefit of southpacificsoul.com that at the time of submission, (i) you own or otherwise control all rights in the Contributed Content; (ii) the Contributed Content is accurate; (iii) the Contributed Content does not violate any law or infringe any third party privacy or intellectual property rights; and (iv) the Contributed Content contains no material that is defamatory, obscene, vulgar, profane, harassing, or threatening. You agree to indemnify us for all claims arising from or related to Contributed Content. While we have no obligation to monitor Contributed Content, we expressly reserve the right to edit or to remove any Contributed Content we deem to be inappropriate for any reason.

Third-Party Content

We are a distributor (and not a publisher) of any content supplied by third parties and incorporated within the Content. We have no control over such third-party content, do not endorse it, and are not responsible for its completeness, accuracy or reliability. Any information, advice, opinions, or statements contained within such third-party content are attributable to the author of such content and not to southpacificsoul.com. While we have no obligation to monitor third-party content, we expressly reserves the right to edit or remove any third-party content we deem to be inappropriate.

Amendments and Corrections to Content

We do not guarantee the accuracy, completeness or reliability of information appearing on the Site. The Site may contain errors and omissions relating to product description, pricing and availability. We reserve the right to correct or update errors or omissions and to change information at our discretion without prior notice. We also reserve the right to cancel an order for a product in the event of an error or omission in the description of such product, including incorrect pricing information, whether due to a typographical error, an error in information received from our suppliers, or otherwise. By using the Site, you agree to hold us harmless from any claims relating to errors or omission on our Site.

Placing Orders on Southpacificsoul.com

The risk of loss and title for all items ordered on southpacificsoul.com passes to you when southpacificsoul.com delivers the merchandise to the shipping carrier. Our shipping and handling policies are set forth in greater detail here.

The amount of tax charged to an order will be calculated based on the shipment destination's state and local sales-tax laws.

Our current payment procedures are MasterCard and Visa. We reserve the right to change our billing and payment procedures at any time by posting the new procedures on the Site.

Because we begin processing your order almost immediately after you place it, we cannot change or cancel an order once you submit it. All product returns are subject to the southpacificsoul.com return policy, available here.

Special Offers

Any special offers related to Site, whether or not related to purchases on the Site, are subject to the particular terms and conditions (including time limitations) of such offers. Unless otherwise specified, you may use only one special offer in connection with a transaction.

User Responsibilities

You agree that all billing and registration information you provide on the Site will be accurate and complete. Your provision of inaccurate or incomplete information constitutes a material breach of this TOU.

For certain activities you conduct on the Site, you will receive or have received an account name and a password. We retain ownership of your account and license it to you on a limited, nonexclusive basis for the duration of your account activation. It is solely your responsibility to keep your account information and password secure. You must not disclose your password to anyone except persons whom you have authorized to use your account, and you assume all resulting liability from use of the Site for such authorized person(s). You agree to notify us immediately of any unauthorized use of your account or any other breach of security of which you know or suspect. WE DISCLAIM ALL LIABILITY ARISING FROM OR RELATED TO YOUR FAILURE TO KEEP YOUR ACCOUNT NAME AND PASSWORD SECURE.

Promotional Messages

We and/or our affiliates, along with other third parties may, from time to time, send email messages to you containing advertisements and/or promotions. WE MAKE NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY SUCH EMAIL MESSAGES OR ANY GOODS OR SERVICES THAT MAY BE OBTAINED FROM SUCH THIRD PARTIES, AND YOU AGREE THAT WE SHALL HAVE NO LIABILITY WITH RESPECT THERETO.

Prohibited Uses

You agree to use the Site and all related services only for lawful purposes and not to allow others to use your account for any unlawful purpose. Use of the Site in violation of any applicable law, regulation, ordinance, or other rule imposed by any governmental authority is prohibited. WE EXPRESSLY PROHIBIT ANY UNAUTHORIZED THIRD PARTY LINKING TO southpacificsoul.com, including links to the home page or any other page on the southpacificsoul.com domain.

Indemnity

You agree to indemnify and hold us and our subsidiaries, affiliates, partners, telecommunications providers, service providers, officers, employees and agents harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of your use of the Site or any related services, any Contributed Content, your violation of the TOU, or your violation of any third-party rights, including without limitation, the infringement by you, or any other user of your account, of any intellectual property rights, privacy rights, or other rights of any person or entity.

LIMITATION OF LIABILITY

IN NO EVENT WILL WE, OUR AFFILIATES, SUPPLIERS, SERVICE PROVIDERS, OR OTHER THIRD PARTIES AFFILIATED WITH US BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXTRAORDINARY, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE RESULTS OF SUCH SERVICES, OR ANY INFORMATION CONTAINED ON THE SITE OR IN SUCH SERVICES, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT SUCH PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY AND THE AGGREGATE LIABILITY OF ANY OF OUR SUPPLIERS, SERVICE PROVIDERS, OR THIRD-PARTY AFFILIATES, ARISING FROM OR RELATING TO THIS TOU (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G., CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, MALPRACTICE, FRAUD OR ANY OTHER LEGAL THEORY) IS LIMITED TO ONE-HUNDRED DOLLARS ($100). APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

DISCLAIMER OF WARRANTIES

THE SITE AND ALL RELATED SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. EXCEPT FOR THE EXPRESS WARRANTIES EXPLICITLY PROVIDED HEREIN, NEITHER WE NOR OUR PARTNERS, PROVIDERS, OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, ANY INFORMATION MADE AVAILABLE BY OR THROUGH THE SITE, ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE, OR ANY TRANSACTIONS ENTERED INTO BY USE OF OR THROUGH THE SITE. TO THE EXTENT PERMITTED BY LAW, WE AND OUR PARTNERS, PROVIDERS, AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND QUIET ENJOYMENT. NEITHER WE NOR OUR PARTNERS, PROVIDERS, OR AFFILIATES WARRANT THAT USE OF THE SITE OR ANY RELATED SERVICES WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY LOCATION, SECURE OR ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER WE NOR OUR PARTNERS, PROVIDERS OR AFFILIATES WARRANT THAT THE SITE OR ANY RELATED SERVICES WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS WILL BE CORRECTED. FURTHERMORE, NEITHER WE NOR OUR PARTNERS, PROVIDERS, OR AFFILIATES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR AS TO THE ACCURACY, COMPLETENESS, RELIABILITY OR TIMELINESS OF ANY INFORMATION AVAILABLE ON OR THROUGH THE SITE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH MATERIAL AND/OR DATA.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Violation of TOU

Please also note that at any time, if we determine that you have abused or violated the letter or intent of any of these terms, conditions or guidelines, or any applicable law, we reserve the right to terminate or suspend your access to the Site and all related services, initiate an investigation, remove materials from our servers, issue a warning, block any prohibited activity, and take any other responsive action. Users who violate this TOU may additionally incur criminal and/or civil liability.

Modifications

Please note that we may change this TOU at any time by posting the modified TOU on the Site, or by otherwise notifying you of such change. Use of the Site after such changes are posted constitutes acceptance of all changes.

General

The TOU shall be governed by and construed in accordance with the laws of the state of California as it is applied to contracts entered into by residents of the state of Michigan. If any provision(s) of the TOU is found to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with the other provisions remaining in full force and effect. Our failure to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. You and we agree that any cause of action arising out of or related to this TOU or the Site must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in this TOU are solely used for the convenience of the parties and have no legal or contractual significance. This TOU (including the southpacificsoul.com Privacy Policy and Secure Shopping Policy, incorporated herein by reference) constitute the entire agreement between you and us with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements. You may not assign this agreement to any other party.

Policy for Claims of Infringement of Copyrighted Material

If you believe that material is posted on the Site in a manner that infringes your copyright, please notify us.