Terms of Use

SilenceofSoul.com Terms of Use and End User License Agreement

IMPORTANT: PLEASE READ THESE TERMS CAREFULLY. This Terms of Use and End User License Agreement, along with any Terms of Offer appearing on the website, along with any posted rules or instructions, constitute the entire agreement between you and us regarding your use of the website and related information, data, products and services (collectively, the “Services” or “Service”). YOUR USE OF THE WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS OF USE AND END USER LICENSE AGREEMENT, INCLUDING THE PRIVACY POLICY(COLLECTIVELY, "website").

The Service is owned by SilenceofSoul.com, LLC., with a mailing address P3/A-35, Greater Noida, Uttar Pradesh Pincode - 201308 (which may be referred to herein as “SilenceofSoul.com.com,” “SilenceofSoul.com,” “we,” or “us”).

We may change any of the terms contained in the website at any time by posting the revised website on this website. If we revise the website, such revision shall be effective thirty (30) days after posting the new website on this site. You are responsible for periodically reviewing changes to this website, which you can do by clicking on the “Terms of Use” or similar link. You agree that your continued use of the Service following any changes to this website and after the changes take effect will constitute your acceptance of such changes. If you do not agree to such changes to the website, your only remedy is to discontinue use of the Service and to cancel your account.

DESCRIPTION OF SilenceofSoul.com SERVICES
The Services are provided on an AS IS and AS AVAILABLE basis. SilenceofSoul.com disclaims any and all responsibility and liability for the availability, timeliness, security or reliability of the Services which are made available to you for personal, non-commercial, use only.

SilenceofSoul.com Downloadable Software:
SilenceofSoul.com Toolbar: Enhance your Internet experience and your computer’s desktop environment with feature-packed, free SilenceofSoul.com Toolbar. Includes free plug-ins for Internet security protection, password protection and form-filler, desktop weather, email notifier, download manager, RSS feed reader, screensavers, desktop notes, and more.

SilenceofSoul.com Website:
SilenceofSoul.com.com Website: The website consists of a search engine service with access to the search results of many search providers on the Internet.

Installation and Usage of SilenceofSoul.com Software
By installing and/or using SilenceofSoul.com software (“software”), you agree to the following:

i. License. SilenceofSoul.com grants you a non-exclusive license to install and use its software solely for personal use and only for the purpose of accessing the Service. SilenceofSoul.com and its software licensors/suppliers reserve the right to add additional features or functions to the software at any time, without requesting your approval. SilenceofSoul.com may require the update of software on your computer when new versions of the software are released or new enhancements are available. Updates may occur automatically when you use the Service. Changes to this End User License Agreement may be made by SilenceofSoul.com and will be posted on the website. Your continued use of the software will constitute consent to the revised terms. SilenceofSoul.com is under no obligation to support the software, and may at any time suspend or terminate this license and disable the software.

ii. Restrictions. You may not reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the software for any reason. You may not modify the software in any way. You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer the software or use the software for the benefit of any third party through any outsourcing or time-sharing arrangement or through the operation of any service bureau. You understand that the software is licensed not sold, and that the software and all rights not expressly granted herein are reserved to SilenceofSoul.com and its licensors/suppliers. SilenceofSoul.com reserves the right to remove or replace any uploaded files, and assumes no liability for lost or misplaced file URLs.

iii. Voluntary Use/SilenceofSoul.com Collection and use of non-Personally Identifiable Information. Your use of the Services is voluntary. You may stop using and uninstall any SilenceofSoul.com software at any time. By downloading the SilenceofSoul.com software and/or using the Service, You acknowledge and agree that certain SilenceofSoul.com software and/or plug-ins may collect and use non-personally identifiable information relating to your use of the Service (such as IP address, browser type, referring URL). For example, the optional plug-in, Web Security Guard, collects and organizes information about users’ computer usage and the websites visited by users into the database used to provide the Web Security Guard Services. Use of such information is of course subject to the SilenceofSoul.com Privacy Policy.

iv. Export Controls. The software or goods sold herein may be subject to export controls or restrictions by India or other countries or territories. You agree to (i) comply with the requirements of the Indian Department of Commerce (DOC) Export Administration Regulations (EAR) (see http://www.bis.doc.gov) and all applicable international, national, state, regional and local laws, and regulations, including without limitation any applicable import and use restrictions, (ii) not export, or re-export, directly or indirectly, the Software to any country outlined in the EAR, nor to any person or entity on the DOC Denied Persons, Entities and Unverified Lists, the the Indian Department of State's Debarred List, or on the the Indian Department of Treasury's lists of Specially Designated Nationals, Specially Designated Narcotics Traffickers, or Specially Designated Terrorists, and (iii) not license, sell, provide or distribute the Software for use in connection with chemical, biological, or nuclear weapons or missiles capable of delivering such weapons.

SERVICES, FEES, TERMINATION
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. We reserve the right to modify, refuse, suspend or discontinue the Service with or without notice at any time, for any reason, and without any liability. Terms related to payment of fees (if any) are specified in the Terms of Offer and may be updated by us from time to time. PLEASE SEE OTHER DISCLAIMERS BELOW.

If you decide that you no longer wish to use SilenceofSoul.com downloads from us, you can uninstall the software by using the add/remove function within Windows. This website will automatically terminate when we no longer provide the Services.

You consent that we may provide you with required notices through electronic disclosure via postings on our website and/or via email at the email address you provide to us..

You understand and agree that the cancellation of your account or a particular subscription is your sole right and remedy with respect to any dispute with us. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this website or our enforcement or application of this website; (2) the content available through this site or any change in such content; or (3) your ability to access and/or use this site.

PROPRIETARY RIGHTS AND INTELLECTUAL PROPERTY
Copyright Notice. © SilenceofSoul.com, LLC, 2011. All rights reserved.

The Service is controlled and operated by us. The Service, and all materials accessible through the Services, including code, images, text, illustrations, logos, audio and video files (collectively "Intellectual Property"), are protected by copyrights, trademarks, service marks, or other proprietary rights owned or licensed by us. The compilation (meaning the collection, arrangement, and assembly) of all materials on the Services is our exclusive property and is protected by the Indian  and foreign laws and international copyright treaties. Material from the Services may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Use or modification of our Intellectual Property in any form, including but not limited to use on any other website or networked computer environment, without our express written authorization is a violation of our copyrights and other proprietary rights and is strictly prohibited.


Designated Agent for DCMA Notices
SilenceofSoul.com.com
c/o Mrs.Debolina Choudhury
P3/A-35 Greater Noida
Pincode- 201308

If you wish to notify our Copyright Agent of a claim of copyright infringement, please provide written notice. Your notice must contain the following information:

A physical or electronic signature of the person authorized to act on behalf the copyright owner;
Identification or description of the copyrighted work you claim has been infringed;
Identification or description of the work you believe is infringing on your copyrighted work and enough information to assist us in locating the allegedly infringing work;
Your address, telephone number, and email address;
A statement that you have a good faith belief that the use by the person you believe has infringed on your copyright is not authorized by the copyright owner, its agent, or the law;
Your statement, made under penalty of perjury, that the information contained in your notification is accurate, and that you are the copyright owner or are authorized to act on the owner's behalf.
Trademarks. “SilenceofSoul.com” and other marks, logos, and service names are our trademarks and/or trade dress or the trademarks and/or trade dress of our affiliates. None of our trademarks or our affiliates' trademarks may be used in connection with any product or service that is not ours or our affiliates', in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits us, or our affiliates. All other trademarks viewable from a search performed using the Service are the trademarks and/or registered trademarks of their respective owners.

Licenses Granted. Subject to your compliance with all the terms and conditions of this website, and in consideration of your promises reflected in this website, we grant to you a limited license to make use of the Services. This license expressly excludes, without limitation, any resale, or modification of the Services or any portion thereof and making any derivative works based upon or distributing or copying the Services, except as expressly permitted hereunder. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of us and our affiliates without our express written consent. You may not use any Meta tags or any other "hidden text" utilizing our name or trademarks or those of our affiliates without our express written consent or that of our affiliates. Any unauthorized use terminates the permission or license granted by us in this paragraph. In addition, the license is subject to the following:

The materials provided herein are for personal, non-commercial use only;
Any copies of documents contained on this website or portions thereof that you make must include the above copyright notice;
Documents published on this website may contain other proprietary notices or describe products, services, processes or technologies owned by us or by third parties. Except as expressly set forth herein, nothing contained herein shall be construed as us granting to the user a license under any copyright, trademark, patent or other intellectual property right of ours or any third party. Except as expressly granted to you under this TOU, all rights are reserved by us; and
You may not link to this website, without prior consent from us, which consent may be withdrawn by us at any time, with or without notice, in our sole discretion.

ACCEPTABLE USE POLICY
ILLEGAL, UNAUTHORIZED, OR FRAUDULENT CONTENT OR ACTIVITIES
This Section defines the Acceptable Use Policy ("Policy") relating to the Service. You are responsible for continual compliance with this Policy. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations. We take no responsibility for third party content, nor do we have any obligation to monitor such third party content. Nonetheless, we reserve the right to monitor content at any time for any reason. Further, we reserve the right to remove objectionable or personally identifiable information. We will not be responsible or liable for the exercise or non-exercise of your rights under this website.

For example, you may not use the Services to create, transmit, distribute, or store material that:

Violates a trademark, copyright, trade secret or other intellectual property rights of others
Violates the privacy, publicity or other personal rights of others
Impairs the privacy of communications
Contains obscene, offensive or inappropriate content
Constitutes pornography
May be threatening, abusive or hateful
Violates export control laws or regulations
Encourages conduct that would constitute a criminal offense or give rise to civil liability
Causes technical disturbances to the Service, including, but not limited to, adware, spyware, introduction of viruses, worms or other destructive elements
Assists or permits any persons in engaging in any of the activities described above
Involves deceptive on-line marketing
If you become aware of any such activities, you are obligated to immediately notify us.

We reserve the right to suspend or terminate access to the Services upon notice of a violation of this Policy. Indirect or attempted violations of this Policy, and actual or attempted violations by a third party on behalf of you, shall be considered violations of this Policy by you.

We have the right, but not the obligation, to monitor any activity or content associated with the Service. We may investigate any reported violation of its policies and take any action we deem appropriate, including terminating your access to the Service without notice. Any of the following, without limitation, would be a violation of the website and our policies and guidelines, and upon our determination, in our sole discretion, that you have engaged in any of the following, we shall terminate your access to the Service without notice, and to the extent applicable, remove, or disable access to, any material that is in violation of the following or claimed to be infringing or to be the subject of infringing activity. Accordingly, you expressly represent, warrant and covenant that you shall not upload, post or transmit to or distribute or otherwise publish through the Service any materials which (i) restrict or inhibit any other user from using and enjoying the Service, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, or (vi) constitute or contain false or misleading indications of origin or statements of fact.

We may report any activity we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. To cooperate with governmental requests, to protect our systems and users, to ensure the integrity and operation of our business and systems, or in response to subpoenas, court orders, or legal requirements, we may access and disclose any information we consider necessary or appropriate, including your contact details, IP addressing and traffic information, posted content, and web usage paths. By using the Service you expressly consent to the foregoing use and disclosure.

INDEMNIFICATION
You agree to indemnify us, defend us and hold us harmless as well as our affiliates, and each of our or their officers, directors, managers, employees, agents, representatives, information providers and licensors, from any claims, costs, losses, damages (actual and consequential), judgments, limitation costs and expenses, including but not limited to reasonable attorney's fees, arising from or in any way related to any breach of this website or any use by you of the Services, or by any other person using the Services through you or using your computer, or in connection with your transmission of any content on or through the Service. This Section shall survive termination of this website.

NO WARRANTY
YOU ARE USING THE SERVICES AT YOUR OWN SOLE RISK AND WE ARE UNDER NO OBLIGATION TO PROVIDE YOU WITH ANY SUPPORT, ERROR CORRECTIONS, UPDATES, UPGRADES AND/OR ENHANCEMENTS OF THE SERVICE.

YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. THE USER OF THIS WEBSITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE, THE SERVICES AND THE INTERNET GENERALLY.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE AND OUR AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR OWNERS, OFFICERS, MANAGERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (I) THAT THE SERVICES OR INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS OR MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE, OR FAULT-FREE; (II) THAT THE SERVICE WILL BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE; (III) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE WILL BE FREE FROM VIRUSES, "WORMS," "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES; (IV) THAT THE SERVICES ARE NONINFRINGING. WE AND OUR AFFILIATES HEREBY DISCLAIM, AND YOU HEREBY WAIVE AND RELEASE US AND OUR AFFILIATES FROM, ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES IN CONTRACT OR TORT ARISING OUT OF OR IN CONNECTION WITH THIS website OR THE SERVICES.

LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR AFFILIATES, OR ANY OF OUR OR THEIR OWNERS, OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (REGARDLESS OF THE FORM OF ACTION), INCLUDING WITHOUT LIMITATION ANY SUCH ACTION ARISING OUT OF (I) USE OF THE SERVICE BY ANY PERSON, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION, (II) ANY USE OR INABILITY TO USE THE SERVICE FOR WHATEVER REASON, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED THROUGH THE SERVICE, OR (III) ANY GOODS OR SERVICES DISCUSSED, PURCHASED, OBTAINED, OR PARTICIPATED IN, DIRECTLY OR INDIRECTLY, THROUGH THE SERVICE, IN EACH CASE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE EXTENT SOME REMEDY IS REQUIRED BY APPLICABLE LAW WITH RESPECT YOUR USE OF THE SERVICE, YOUR EXCLUSIVE REMEDY REGARDING THE SERVICE SHALL BE THE REPLACEMENT OF ANY SUCH SERVICE OR COMPONENT OF THE SERVICE FOUND TO BE DEFECTIVE. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY OR OUR AFFILIATES' CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS OF DIRECT DAMAGES RELATING TO THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID FOR USE OF THE SERVICE DURING THE ONE-YEAR PERIOD PRECEDING THE CLAIM.

Other Provisions
By using the Service, You:

agree that the substantive laws of the state of Florida, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement.

consent to exclusive personal jurisdiction and venue in a court located in Palm Beach County, Florida for any legal action connected in any way, directly or indirectly, to the subject matter of this Agreement or to this website;

agree that you may not assign any or all of your rights and obligations under this website without the prior written consent of SilenceofSoul.com, which may be withheld in our sole discretion.

agree that all provisions of this website relating to ownership of intellectual property and proprietary rights, warranty disclaimers, limitation of liability, and indemnification shall survive the termination of your use or access to the website, for whatever reason;

agree that nothing in this website shall be deemed to convey any third party rights or benefits;

agree that except as otherwise required by law, any cause of action or claim you may have with respect to this website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred;

agree that if any portion of this website is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted;

agree that no waiver of any breach of any agreement or provision of this website, nor any failure to assert any right or privilege contained in this website, shall be deemed a waiver of any preceding or succeeding breach of any agreement or provision; and agree that this website (including all policies, notices and other terms incorporated into this website by reference) constitutes the entire agreement between you and SilenceofSoul.com with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral.

Last Updated: December 9, 2011