Terms of Use and Service:

The following terms and conditions govern all use of the MySoulPassion.com Web site and all content, services, and products available at or through the Web site. The Web site is owned and operated by Cre8tiveworks222 L.L.C, (“Cre8tiveworks222”). By accessing or using the Web site or downloading materials from the Web site you agree to be legally bound by the terms and conditions and other operating rules, policies (including, without limitation, Cre8tiveworks222 Privacy Policy), and procedures that may be published from time to time on this Site by Cre8tiveworks222 (collectively, the “Agreement”) set forth below without any modification. Please review them carefully. If you do not agree to the terms, do not use the Web site.

Please read this Agreement carefully before accessing or using the Web site. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Web site or use any services. If these terms and conditions are considered an offer by Cre8tiveworks222, acceptance is expressly limited to these terms.

Eligibility

The website is available only to individuals who are at least 13 years old. If you are between the ages of 13 and 18, you declare that your legal guardian has reviewed and agrees to this Agreement. At our sole discretion, we may require proof that you meet this condition in connection with your use of the Service. Failure to comply with this condition will result in the closing of your User account. Any use of or access to the Service by anyone under 13 years of age is strictly prohibited and in violation of this Agreement. You may use the Service only if you can form a binding contract with Cre8tiveworks222, and only in compliance with these Terms and all applicable local, state, national, and international laws rules, and regulations. The Service is not available to any Users previously removed from the Service by Cre8tiveworks222.

Your MySoulPassion.com Accounts and Membership

Creating an account with Cre8tiveworks222 and MySoulPassion.com gives you access to the Services at our sole discretion. If you open an account on behalf of a company, organization, or other entity, then “you” includes you and that entity, and you represent that you are an authorized representative of the entity with the authority to bind the entity to these Terms and that you agree to these Terms on the entity’s behalf. You agree not to create user names that are offensive, obscene, or derogatory to others. You are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your account.

You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for maintaining the confidentiality of your password and you are responsible for all activity that occurs on your account. Cre8tiveworks222 encourages you to use strong passwords with your account. Cre8tiveworks222 will not be liable for any losses that occur during any unauthorized use of your account.

By using the Service, you represent and warrant that all the information you provide when registering for an account and otherwise through the service is accurate, complete, and up to date. You may change your password, user name, and correct any of the information at any time in your profile and settings section of the Web site. By providing us an e-mail address you consent to our using the e-mail address to send you Service-related notices, such as changes in Terms of Service.

Sharing Content With Other Passionate Members

Responsibility of Members.
If you comment on a passion or post, post material to the Web site, post links on the Web site, or otherwise make (or allow any third party to make) material available by means of the Web site (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, video link, or computer software. By making Content available, you represent and warrant that:
• anything you post, display, write, comment on and any other materials or otherwise make available on our Service, including all Intellectual Property Rights in such content, is referred to as “User Content.” You retain all of your rights in all of the User Content you provide or post to our Service.
• the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
• if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
• you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
• the Content does not contain or install any viruses, worms, malware, Trojan horses, or other harmful or destructive content;
• the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
• the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
• your content is not named in a manner that misleads users of the Service;
And you agree not to engage in any of the following prohibited activities:
• Use, display, mirror or frame the Service, any individual element within the Service, any Cre8tiveworks222 L.L.C. or MySoulPassion.com name, trademark, logo or other proprietary information, or the layout and design of any page, without express written consent;
• Send any unsolicited or unauthorized spam and spam comments on User Content, advertising messages, promotional materials, email, junk mail, chain letters, or other forms of solicitation;
• Use the Service for any commercial purpose or the benefit of any third party, unless permitted for you by Cre8tiveworks222;
• Use any User’s information to forge any part of the Web site, logos, trademarks or names or information in any e-mail or in any way use the Service to send altered, deceptive or false source-identifying information;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
• Violate any applicable law or regulation; or
• Encourage or enable any other individual to do any of the activities prohibited as described in the Terms of Service.

You agree not to post User Content that:
• may create the risk of harm or loss whether physical or mental, injury or emotional distress or may create a risk of loss or damage to any person or property;
• may harm or exploit children by exposing them to inappropriate material, photos, text or any content, asking for identifiable details or otherwise;
• violates, or encourages any conduct that violates laws or regulations or contains any content that is illegal;
• contains any information or content we deem to be inappropriate, including but not limited to hateful, racially or ethnically offensive, abusive, violent, harmful, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to others, libelous, threatening, desecrate, or otherwise objectionable;
• infringes on any party’s Intellectual Property Rights, privacy rights, publicity rights, or other personal or proprietary rights;
• contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
• fraudulent, false, misleading or deceptive.

CRE8TIVEWORKS222 SHALL NOT BE RESPONSIBLE AND ASSUMES NO LIABILITY FOR ANY USER CONTENT THAT YOU OR ANY OTHER USER OR THIRD PARTY POSTS, SENDS OR IN ANY WAY USES VIA THE SERVICE. YOU SHALL BE SOLELY RESPONSIBLE FOR YOUR USER CONTENT AND THE CONSEQUENCES OF POSTING IT, AND YOU AGREE THAT WE ARE ONLY ACTING AS A PASSIVE CONDUIT FOR THE ONLINE DISTRIBUTION OF USER CONTENT. By joining the Web site you understand that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Cre8tiveworks222 shall not beliable for any damages you allege to incur as a result of User Content.

Cre8tiveworks222 reserve the right, but is not obligated to reject and/or remove any User Content that Cre8tiveworks222 believes, in its sole discretion, violates these provisions. Nothing herin shall require Cre8tiveworks222 to monitor, police or remove any User Content or other information submitted by you or any other user.

Your interactions with other users

You are solely responsible for your interactions with other MySoulPassion.com Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Your correspondence communication or interaction with other Users and/or any third party providers of goods or services made available on or through the Service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such other User or a third-party provider and solely at your own risk. You hereby release Cre8tiveworks222, its officers, directors, agents, and employees from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such interactions or as the result of the presence of such Users or third-party providers on the Site or Service.

By submitting Content to Cre8tiveworks222 for inclusion on our Web site, you grant Cre8tiveworks222 a world-wide, royalty-free, sublicensable, transferable, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, adapt, publish, edit, translate, distribute, syndicate, publicly display, and make derivative works of all such User Content in whole or in part, and in any form, media or technology, whether known or hereafter developed, for use in connection with the Service and Cre8tiveworks222 business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service.

In connection with the posting of your User Content and your grant of the license set forth above, you affirm, represent and warrant the following:

1. Your User Content and Cre8tiveworks222’s use will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
2. Cre8tiveworks222 may exercise the rights to your User Content granted under this Agreement without liability for payment of any fees, residuals, payments or royalties payable under any collective bargaining agreement or otherwise.

Without limiting any of those representations or warranties, Cre8tivework222 has the right (though not the obligation) to, in Cre8tiveworks222 sole discretion (i) refuse or remove any content that, in Cre8tiveworks222 reasonable opinion, violates any Cre8tiveworks222 policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Web site to any individual or entity for any reason, in Cre8tiveworks222 sole discretion. Cre8tiveworks222 will have no obligation to provide a refund of any amounts previously paid.

Our License to You.

Subject to the terms and conditions of this Agreement and these Terms, we grant you a non-exclusive, limited, non-transferable, revocable license to use the Service as permitted by the features of the Service. Cre8tiveworks222 reserves all rights not expressly granted herein in the Service and the Cre8tiveworks222 Content.

Responsibility of Website Visitors.

Cre8tiveworks222 has not reviewed, and cannot review, all of the material posted to the Web site, and cannot, therefore, be responsible for that material’s content, use or effects. By operating the Web site, Cre8tiveworks222 does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Try as we might, the Web site may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Web site may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Cre8tiveworks222 disclaims any responsibility for any harm resulting from the use by visitors of the Web site, or from any downloading by those visitors of content there posted.

Content Posted on Other Web sites. We have not reviewed, and cannot review, all of the material, made available through the Web sites and Web pages to which MySoulPassion.com links, and that link to MySoulPassion.com. Cre8tiveworks222 does not have any control over those Web sites and Web pages and is not responsible for their contents or their use. By linking to a Web site or Web page, Cre8tiveworks222 does not represent or imply that it endorses such Web site or Web page. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Cre8tiveworks222 disclaims any responsibility for any harm resulting from your use of other Web sites and Web pages.

Copyright Infringement Policy and Digital Millennium Copyright Act of 1998 (“DMCA”).

Cre8tiveworks222 and its affiliated organizations respect the intellectual property of others, and we ask our content partners and those posting to this site to do the same. If you believe that material located on or linked to by MySoulPassion.com violates your copyright, you are encouraged to notify Cre8tiveworks222 in accordance with Cre8tiveworks222 DMCA policy. Cre8tiveworks222 will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Cre8tiveworks222 will terminate a visitor’s access to and use of the Web site if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Cre8tiveworks222 or others. In the case of such termination, Cre8tiveworks222 will have no obligation to provide a refund of any amounts previously paid to Cre8tiveworks222. You may notify us by providing us with sufficient information to allow us to locate the material, including the following information:
1. The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf.
2. A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
3. Identification of the location where the original or an authorized copy of the copyrighted work exists, for example, the URL of the Web site where it is posted or the name of the publication in which it is published.
4. Identification of the URL or other specific location on this site where the material that you claim is infringing is located.
5. Your name, address, telephone number, and email address.
6. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
7. A statement by you, that the above information you provide us is accurate and that you are the copyright owner or are authorized to act on the behalf of the copyright owner.

Notice of claims of copyright infringement on this site can be sent to the following: 
MySoulPassion@gmail.com 

Intellectual Property

This Agreement does not transfer from Cre8tiveworks222 to you any Cre8tiveworks222 or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Cre8tiveworks222. Cre8tiveworks222, Cre8tiveworks222.com, MySoulPassion.com, the MySoulPassion.com logo, and all other trademarks, service marks, graphics, and logos used in connection with MySoulPassion.com, or the Web site are trademarks or registered trademarks of Cre8tiveworks222. Other trademarks, service marks, graphics, and logos used in connection with the Web site may be the trademarks of other third parties. Your use of the Web site grants you no right or license to reproduce or otherwise use any Cre8tiveworks222 or third-party trademarks.

Advertisements

Cre8tiveworks222 reserves the right to display advertisements that are endemic to User Content.

1. Changes. Cre8tiveworks222 reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Web site following the posting of any changes to this Agreement constitutes acceptance of those changes. Cre8tiveworks222 may also, in the future, offer new services and/or features through the Web site (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
2. Termination. Cre8tiveworks222 may terminate your access to all or any part of the Web site at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your MySoulPassion.com membership (if you have one), you may simply discontinue using the Web site. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
3. Disclaimer of Warranties. The Web site is provided “as is”. Cre8tiveworks222 and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither Cre8tiveworks222 nor its suppliers and licensors make any warranty that the Web site will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Web site at your own discretion and risk.
4. Limitation of Liability. In no event will Cre8tiveworks222, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Cre8tiveworks222 under this agreement during the twelve (12) month period prior to the cause of action. Cre8tiveworks222 shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
5. General Representation and Warranty. You represent and warrant that (i) your use of the Web site will be in strict accordance with the Cre8tiveworks222 Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental areas, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Web site will not infringe or misappropriate the intellectual property rights of any third party.
6. Indemnification. You agree to indemnify and hold harmless Cre8tiveworks222, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Web site, including but not limited to your violation of this Agreement.
7. Miscellaneous. This Agreement constitutes the entire agreement between Cre8tiveworks222 and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Cre8tiveworks222, or by the posting by Cre8tiveworks222 of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Web site will be governed by the laws of the state of Iowa, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Polk County, Iowa. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Des Moines, Iowa, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Cre8tiveworks222 may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.

Copyright
© Copyright Cre8tiveworks222 L.L.C.
2020
All Rights Reserved

The copyright on this entire Web site is held by Cre8tiveworks222 L.L.C. All material provided on the Web site is protected under United States copyright laws and international copyright laws and treaty provisions. Except as expressly provided herein, none of the material provided on the Web site may be copied, distributed, republished, reproduced, downloaded, displayed, or transmitted in any form for commercial use without prior written permission of Cre8tiveworks222. Cre8tiveworks222 does not grant any express or implied right to you under any patents, trademarks, copyrights, or trade secret laws.

The trademarks, logos, and service marks (collectively referred to as “Trademarks”) displayed on this Web site are registered and unregistered Trademarks of Cre8tiveworks222, and no trademark license either express or implied is granted by Cre8tiveworks222. You do not have any right to use the trademarks displayed on this website without prior written permission of Cre8tiveworks222.

Disclaimer
THE INFORMATION IN THIS WEB SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, CRE8TIVEWORKS222 SHALL NOT BE RESPONSIBLE FOR ANY ERRORS, OMISSIONS, OR TECHNICAL INACCURACIES IN THIS WEB SITE.

Intellectual Property Rights

For the purpose of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

Privacy

We care about your privacy and the privacy of our Users. You understand that by using the Service you consent to the collection, use, and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to, and processed in the United States.

Security

Cre8tiveworks222 cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.