Terms of Use

Last update: 06/18/18

Welcome to the Soul.City Application (that we will call the “Application” or “App”) which is operated by Soul.City Group Inc. (that we will call “Soul.City “or “we” or “us”). To use the Application, you must comply with certain terms, conditions and rules that are explained in these Terms of Use.

These Terms of Use are a contract between the user (“you” or the “user“) and Soul.City. You agree to these Terms of Use by using the Application. If you do not wish to be bound by these Terms of Use, you must stop using the Application.

Permitted Use

The application allows you to browse and follow thematic itineraries to visit cities according to your current mood. It may also offer content depending on where you are, if you allow the App to access your location data.

You must be 16 years of age or older to use the App. You are authorized to make personal use of the App on a mobile device running the iOS or Android operating system. You may not access the Application by automated means or from another system or platform unless you enter into a written agreement with us.

We may, in our sole discretion, terminate or cancel your access to all or part of the Application for any reason, including, without limitation, non-compliance with these Terms of Use or any suspected fraudulent, abusive or illegal activity.

Our Content

Content available through the Application is our property or is used under license but we do not guarantee that it does not infringe any other person’s intellectual property rights.

You may not modify, copy, distribute, perform, transmit, transfer, display, provide, reproduce, publish or sell any part of the Application or the content included in the Application, nor any information or service obtained from the Application other than as part of a personal use of the App that complies with these Terms of Use, or grant any license or sub-licence to the App or any related content without our prior written consent.

You may not use the photos, text, logos or trademarks reproduced in the Application other than by using the sharing features of the Application in a personal and non-commercial manner without our prior written authorization.

Personal Data

We collect personal data through the Application. To use the Application, you must consent to the collection, processing and disclosure of your personal data in accordance with our Privacy Policy. By accepting these Terms of Use, you declare that you have read our Privacy Policy and that you give us your consent.

Under certain circumstances, the collection and processing of personal data is subject to your specific consent, which may be withdrawn at any time, as provided in our policy.

User Generated Content

The App allows you to create content, in the form of words, images, sounds or otherwise, that will be accessible to users of the Application or to the public through the Application and on the Web (which we will call “User Content”). You are responsible for any User Content that you publish using the Application. You must ensure that your User Content is not infringing on the rights of other people and that it is legal and appropriate. You warrant that you are authorized to share your User Content with the public anywhere in the world, and in particular that such content does not infringe the rights of other persons or entities, including intellectual property rights.

You grant us a non-exclusive, universal, royalty-free, irrevocable and assignable license to reproduce, represent, use, modify, adapt, translate, transform, commercially exploit and communicate to the public, by telecommunication or otherwise, any User Content. You renounce and irrevocably agree to waive, in our favor and favor of our successors and assigns, the exercise of the moral rights you hold and may hold in any User Content.

We may delete any User Content that does not comply with these Terms of Use or that we consider inappropriate in our sole discretion. However, we do not systematically monitor User Content shared through the Application and we assume no liability for the User Content made available through the Application. By using the App, you may be exposed to inappropriate or illegal content.

Prohibited Use

You may not upload or otherwise transmit any unlawful, harassing, false, misleading, defamatory, abusive, profane, threatening, vulgar, obscene, sexually explicit or pornographic material nor any malicious code or material that may interfere with the Application. You promise not to gain unauthorized access to, harm, or attempt to use other computer systems through the Application.

You may not attempt to copy or reproduce the Application or its source code or reverse engineer the Application.

External Links

The Application contains links to websites owned and operated by third parties on which we have no control. We link to external sites solely for ease of browsing and the availability of a link does not mean that we endorse the content of a website. We are not responsible for the content of websites accessible through hyperlinks.

Websites and pages linked to the Application (for example Soul.City’s Facebook page) are governed by their own terms and policies which may differ from these Terms of Use and may not be under our control. Please read the applicable terms and policies before visiting and using websites or pages.

Disclaimer of Warranty

While we strive to provide you with quality service at all times, your use of the Application and the services provided through it is at your own risk. The Application is provided “as is” and without any warranties, whether express or implied.

Soul.City does not warrant that access to the Application and the services offered through it will be uninterrupted and secure and that the content available through the Application will be error-free, accurate, complete and up-to-date. In particular, we do not warrant that the information regarding the schedule, description and price of the proposed activities as well as the points of interest mentioned is accurate. [BP1]

Limitation of Liability

To the extent permitted by law, Soul.City, its directors, its employees and its officers will not be liable for any direct, indirect, punitive, incidental, special, consequential or other damages of any nature whatsoever, including, without limitation, damages arising from the loss of data or profits, from the use or performance of the Application, from the content and services offered through the Application or from the inability to obtain such content or to use the Application. If you are dissatisfied with all or part of the Application, or any of the terms of these Terms of Use, your sole and exclusive remedy is to stop using the Application.

Indemnification

You agree to indemnify Soul.City, its affiliates, directors, officers, shareholders, employees, agents and licensors with respect to any and all damages, claims, liabilities, losses, charges, claims, fines, penalties and indebtedness, including reasonable legal fees and expenses that may result from (a) your use of the App or any alleged violation of these Terms of Use or (b) your User Content.

Applicable Law

These Terms and Conditions and all related transactions shall be governed by the laws of the Province of Quebec and the laws of Canada applicable therein and shall be construed and interpreted in accordance with these laws.

Any claim regarding the Application or these Terms of use must be brought before a competent court of the province of Quebec sitting in the judicial district of Montreal, excluding any other jurisdiction.

Change

We may modify these Terms of Use at any time by making the modified terms of use available on the App.

The modified terms of use will take effect immediately and you will be prompted to accept them at your next connection on the App. The date of the last update is indicated at the beginning of these Terms of Use.

Contact Us

We will be happy to receive your questions, comments and feedback regarding these Terms of Use. If you have any questions, do not hesitate to write to us at the following address: [email protected]