Terms of Use

Please read this Terms of Use agreement carefully. Your use of the Site (as defined below) constitutes your agreement to this Terms of Use agreement.

DEFINITION OF SERVICE

Welcome to the official jfsoul.com website. This website located at www.jfsoul.com (the “Site”) is provided by Jsomar Records, LLC (“Jsomar”) as a service to our customers. The service permits you to purchase products and digital content, such as sound recordings, images, videos, clothing and related artist merchandise, under certain Terms Of Use as set forth in this Agreement.

Please review the following basic terms that govern your use of the Site (the “Agreement”). Please note that your use of the Site constitutes your agreement to follow and be bound by these Terms of Use. If you visit or shop at jfsoul.com, you accept these terms.

USE OF THIS SITE

This Site is available for individuals aged 18 years or older. If you are 13 or older but under the age of 18 you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If you are under the age of 18, you should review these terms of use with your parent or guardian to make sure that you and your parent or guardian understand these Terms of Use. If you do not agree to (or cannot comply with) any of these terms and conditions, do not use this Site.

Jurisdication: The Site is controlled and/or operated from the United States, and is not intended to subject us to non-U.S. jurisdiction or laws, except as otherwise expressly stated in this Agreement. The Site may not be appropriate or available for use in some jurisdictions outside of the United States. If you access the Site, you do so at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

Rules of Conduct: In using the Site, you agree to obey the law, respect the rights of others and avoid objectionable, defamatory or disruptive behavior. In addition, you will comply with the following “Rules of Conduct” as updated from time to time by us. You will not:
Post, transmit, or otherwise make available, through or in connection with the Site:

•    Anything that is or may be (a)threatening, harassing, degrading, hateful or intimidating; (b)defamatory; (c)fraudulent or tortious; (d)obscene, indecent, pornographic or otherwise objectionable; or (e)protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.

•    Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; that promotes gambling; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking” or “phreaking.”

•    Any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.

•    Any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation.

•    Any material non-public information about a company without the proper authorization to do so.

•    Use the Site for any fraudulent or unlawful purpose.

•    Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site.

•    Impersonate any person or entity, including any of our (or our affiliates’) representatives; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement or posting you make.

•    Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.

•    Restrict or inhibit any other person from using the Site (including by hacking or defacing any portion of the Site).

•    Use the Site to advertise or offer to sell or buy any goods or services without our express prior written consent.

•    Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.

•    Except as expressly permitted by applicable law, modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.

•    Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.

•    Frame or mirror any part of the Site without our express prior written consent.

•    Create a database by systematically downloading and storing all or any Site content.

•    Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site, without our express prior, written consent.

We may terminate your use of the Site for any conduct that we consider to be inappropriate, or for your breach of this Agreement, including the Rules of Conduct (including, without limitation, if you repeatedly engage in copyright infringement via or in connection with the Site).

CONTENT AND COPYRIGHT

We, our Affiliates and our respective licensors and suppliers own the information and materials made available through the Site. Such information and materials are protected by copyright, trademark, patent and/or other proprietary rights and laws. Except as expressly authorized in advance by us, you agree not to reproduce, modify, rent, lease, loan, sell, distribute or create derivative works based on, all or any part of the Site or any information or materials made available through the Site.

We, our Affiliates and/or our respective licensors or suppliers own the trade names, trademarks aand service marks on the Site, including without limitation JSOMAR RECORDS, JF SOUL, and any associated logos. All trademarks and service marks on the Site not owned by us or our Affiliates are the property of their respective owners. You may not use our trade names, trademarks and service marks in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting any license or right to use any trade names, trademarks or service marks without express prior written consent of the owner.
PLEASE NOTE THAT UNAUTHORIZED USE OF ANY SERVICE OR PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY SOFTWARE USED BY THE SERVICES, MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, (INCLUDING, WITHOUT LIMITATION, POSSIBLE MONETARY DAMAGES), INCLUDING, WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT.

PURCHASE AND USE OF CONTENT

Products Requirements. You acknowledge that use of Products may require the use of other hardware and software products (e.g., the ability to make copies of Products on physical media and render performance of Products on authorized digital player devices), and that such hardware and software is your responsibility. Products may only be downloaded once within the stated download time period (currently up to 24 hours after your order is “Processed”); after being downloaded, they cannot be replaced if lost for any reason. Once a Product is purchased and you receive the Product, it is your responsibility not to lose, destroy, or damage the Product, and Jsomar shall be without liability to you in the event of any loss, destruction, or damage.

Use of Products. You acknowledge that whether or not Products are limited by security technology, you agree to use Products in compliance with the applicable Usage Rules.

Usage Rules: All Products you purchase, obtain or access on or through the Site are solely for your personal, non-commercial use. Except as otherwise expressly provided herein, you may not reproduce, publish, transmit, distribute, display, broadcast, re-broadcast, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, directly or indirectly, any of the Products or any related software. Except as permitted under applicable law, you may not reverse engineer, decompile, disassemble, modify or disable any Products or any copyright protection or use limitation systems associated with the Products. You may not play and then re-digitize any Products, or upload any Products or derivatives thereof to the Internet. Unless expressly permitted by us, you may not use the Products in conjunction with any other content, including without limitation, in conjunction with any other Products (e.g., to provide sound for video). You may not transfer, sell or offer to sell the Products, including, without limitation, posting any Product for auction on any Internet auction site or “trading” the Products for money, goods or services. You are not granted any commercial sale, resale, reproduction, distribution or promotional use rights in connection with Products.

Conditions of Sale and Payment Terms. If you wish to purchase any Products made available through the Site (each such purchase, a “Transaction”), you may be asked to supply certain information in connection with such Transaction, including without limitation your credit card number or other payment account number (for example, your wireless account number), your billing address, and your shipping information. BY INITIATING A TRANSACTION, YOU REPRESENT AND WARRANT THAT YOU (A) ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND (B) HAVE THE LEGAL RIGHT TO USE THE PAYMENT MEANS SELECTED BY YOU. By submitting such information, you grant us the right to use such information in accordance with our Privacy Policy, including, without limitation, by providing such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

Price and availability of any Product offered through the Site are subject to change without notice. In the event that a Product is listed at an incorrect price or with other incorrect information, we have the right to refuse or cancel any Transaction for such Product. You shall pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges, and any applicable network, data or other charges in respect of mobile downloads. In addition, you remain responsible for any taxes (including, if applicable, VAT and/or any import duties) that may be applicable to your Transaction(s).

Except to the extent applicable law provides otherwise, all sales through the Site are final, and all charges from those sales are nonrefundable, except as otherwise expressly set forth in this Agreement. We or our third party designees may automatically process charges against your selected payment method on the receipt page or when we provide you with a “Download Now” link. We or our third party designees will inform you if all or any portion of your order is canceled or if additional or different information is required to accept your order.

LIMITATIONS OF LIABILITY AND DISCLAIMERS

The Site and all goods, services, products, third party applications, third party content, information and materials made available through the Site are provided to you “as is” without any express representations or warranties of any kind, and we, our affiliates and our respective artists, representatives and providers disclaim all statutory or implied representations, warranties, terms and conditions with respect to the Site and all goods, services, products, third party applications, third party content, information and materials made available through the Site, including the representations and warranties of satisfactory quality, merchantability, fitness for a particular purpose, noninfringement and title. We make no representation or warranty that the Site (or any part thereof), or any goods, services, products, third party applications, third party content, information or materials made available through the Site is or will be accurate, complete, error-free, or compatible with any particular software or hardware. Further, we make no representation or warranty that any software, hardware, equipment or other device or system using the Site or any goods, services, products, third party applications, third party content, information or materials made available through the Site will function in any manner. You hereby agree that it is your sole responsibility to (a) obtain and pay for any software, hardware or services (including internet connectivity) needed to use the Site and (b) ensure that any software, hardware, equipment, devices, systems or services that you use will function correctly with the Site and any goods, services, products, third party applications, third party content, information or materials made available through the Site. You agree that you must evaluate, and that you bear all risks associated with, the use of the Site, including any reliance on the accuracy, completeness, or usefulness of any third party applications, third party content, information or materials made available through the Site.

We, our affiliates and our respective artists, representatives and providers will not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind in connection with the Site, nor for any damages for loss of profits, loss or interruption of business, loss of use, loss of data, loss of other intangibles, loss of security of information you have provided in connection with your use of the Site (including, without limitation, in connection with your use or receipt of any third party applications or third party content), or unauthorized interception of any such information by third parties, even if advised in advance of such damages or losses. Further, we, our affiliates and our respective artists, representatives and providers will not be liable for damages of any kind resulting from your use of the Site or from any third party applications, third party content, information or materials on the Site. Your sole and exclusive remedy for dissatisfaction with the Site is to stop using the Site. Our maximum liability for all damages, losses and causes of action, whether in contract, tort (including, without limitation, negligence) or otherwise shall be the total amount paid by you to us to access and use the site.

It is possible that applicable law may not allow for limitations on certain implied warranties or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.

While we try to maintain the security of the Site, we do not guarantee that the Site or any Third Party Applications will be secure or that any use of the Site or any Third Party Applications will be uninterrupted. Additionally, third parties may make unauthorized alterations to the Site or any Third Party Applications. If you become aware of any unauthorized third party alterations to the Site, contact us with a description of the material(s) at issue and the URL or location of such materials.

WAIVER AND INDEMNITY

Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless us, our Affiliates and our and their respective Artists, Representatives and Providers, from and against all claims, losses, costs and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Site; (b) any violation of this Agreement by you; (c) any use or other exploitation, or failure or omission to use or otherwise exploit, any Submission (including any portion thereof) that you post; or (d) any claim that your Submission or any use or exploitation thereof caused damage to or infringed upon or violated the rights of a third party, including without limitation past, present or future infringement, misappropriation, libel, defamation, invasion of privacy or right of publicity or violation of rights related to the foregoing.

GOVERNING LAW

You hereby agree that this Agreement (and any claim or dispute arising in connection with this Agreement or your use of the Site) is governed by and shall be construed in accordance with the laws of the State of Florida, U.S.A., without regard to its principles of conflicts of law, and you consent to the exclusive jurisdiction of the federal and state courts located in, Florida, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections thereto.

You further agree that the United Nations Convention on the International Sale of Goods will not apply to this Agreement. You agree that any unauthorized use of the Site, the Products or any related software or materials, or any Third Party Applications, would result in irreparable injury to us, our Affiliates or our respective Artists, Representatives and Providers for which money damages would be inadequate, and in such event we, our Affiliates or our respective Artists, Representatives and Providers, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this section or elsewhere in this Agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims that we, our Affiliates or our respective Artists, Representatives and Providers may have under separate legal authority, including, without limitation, any claim for intellectual property infringement.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or disable access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov for details. Notices and counter-notices should be sent to:

Jsomar Records, LLC
Copyright Agent
1451 W. Cypress Creek Rd., Suite 300
Ft. Lauderdale, FL 33309
USA
http://www.jsomarrecords.com
e-mail: mail@jsomarrecords.com

GENERAL

This Agreement does not create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. If any provision of this Agreement is found to be unenforceable, that provision will not affect the validity and enforceability of any other provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement hereby incorporates by this reference any additional terms that we post on the Site (including, without limitation, our Privacy Policy) and, except as otherwise expressly stated herein, this Agreement is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you may be made via posting to the Site, by e-mail or by regular mail, in our discretion. We may also provide notice of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. You agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for failure to fulfill any obligation due to causes beyond our control. Except as expressly set forth in the following sentence, nothing in this Agreement, express or implied, is intended to confer, nor shall anything herein confer on, any person other than the parties and the respective successors or permitted assigns of the parties, any rights, remedies, obligations or liabilities. Notwithstanding the previous sentence, you agree that our Affiliates and our and their respective Artists, Representatives and those Providers who are content owners and service providers from whom we have obtained a license or other rights to use their content and services, as applicable, in connection with the Site) are third-party beneficiaries under this Agreement with the right to enforce the provisions of this Agreement that directly apply to such parties. Notwithstanding the immediately preceding sentence, our right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.

OUR ADDRESS

Jsomar Records, LLC
1451 W. Cypress Creek Rd., Suite 300
Ft. Lauderdale, FL 33309
USA
http://www.jsomarrecords.com
e-mail: mail@jsomarrecords.com

All materials © 2017 Jsomar Records, LLC

Last updated: February 21, 2017