Terms and Conditions of Use.

This is important and affects your legal rights, so please read them and our Privacy Policy and other terms referenced in this document carefully.

1 Introduction

Thanks for subscribing to Sol Invicto Comiti (“Sol Invicto Comiti”, “we”, “us”, “our”). By signing up or otherwise using our service (“Service”), or accessing any content or material that is made available by us through the Service (the “Content”) you are entering into a binding contract with the Sol Invicto Comiti entity indicated at the bottom of this document.

These Terms and Conditions of Use (“Terms”), our Club Rules, and our Privacy Policy, and any additional terms that you agree to, are referred to together as the “Agreements”.) If you wish to review the terms of the Agreements, the effective version of the Agreements can be found on our website. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not use the Service or consume any Content.

In order to use our Service and access the Content, you need to be 18 or older.

2 Changes to the Agreements

Occasionally we may, in our discretion, make changes to the Agreements. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate the Agreements by contacting us.

3 Rights we grant you

The Service and the Content are our property.  We grant you a limited, non-exclusive, revocable licence to make use of the Service, and a limited, non-exclusive, revocable licence to make personal, non-commercial, entertainment use of the Content (the “Licence”). This Licence shall remain in effect until and unless terminated by you or us.  You promise and agree that you are using the Content for your own personal, non-commercial, entertainment use and that you will not redistribute or transfer the Service or the Content.

The software applications and the Content are licensed, not sold, to you, and we and our licensors retain ownership of all copies of the software applications and Content even after installation on your personal computers, mobile handsets, tablets, and/or other relevant devices (“Devices”).

All trademarks, service marks, trade names, logos, domain names, and any other features of the Sol Invicto Comiti brand (“Brand Features”) are our sole property or our licensors. The Agreements do not grant you any rights to use any Brand Features whether for commercial or non-commercial use.

Except for the rights expressly granted to you in these Agreements, we do not grant any right, title, or interest to you in the Service or Content.

4 Rights you grant us

In consideration for the rights granted to you under the Agreements, you grant us the right (1) to allow the Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same.  

You grant us a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, fully paid, worldwide licence to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, in connection with the Service through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created.

5 User guidelines

The following is not permitted for any reason whatsoever:

•copying, redistributing, reproducing, “ripping”, recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the Service or the Content, or otherwise making any use of the Service or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Service or the Content or any part of it;

•using the Service to import or copy any local files you do not have the legal right to import or copy in this way;

•transferring copies of cached Content from an authorized Device to any other Device via any means;

•reverse-engineering, decompiling, disassembling, modifying, or creating derivative works based on the Service, Content or any part thereof unless permitted by applicable law;

•circumventing any technology used by us, our licensors, or any third party to protect the Content or the Service;

•selling, renting, sublicensing or leasing of any part of the Service or the Content;

•circumventing any territorial restrictions applied by us or our licensors;

•artificially increasing play count or otherwise manipulating the Services by using a script or other automated process;

•removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content);

•providing your password to any other person or using any other person’s username and password;

•“crawling” the Service or otherwise using any automated means (including bots, scrapers, and spiders) to collect information from us; or

•selling a user account or playlist, or otherwise accepting any compensation, financial or otherwise, to influence the name of an account or playlist or the content included on an account or playlist.

Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.

6 Service limitations and modifications

We will make reasonable efforts to keep the Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, we reserve the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Service or any function or feature thereof. Notwithstanding the foregoing, if you have prepaid fees for paid subscriptions that we permanently discontinue prior to the end of the pre-paid period, we will refund you the prepaid fees for the pre-paid period after such discontinuation. You understand, agree, and accept that we have has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. This section will be enforced to the extent permissible by applicable law. We and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law.

7 Payments, cancellations, and cooling off

Subscriptions can be purchased directly from us, either by (1) paying a monthly subscription fee; or (2) pre-payment giving you access to the Service for a specific time period.

You may change your mind for any or no reason and receive a full refund of all monies paid within fourteen (14) days starting from the day you sign-up for the relevant service (the “Cooling-off Period”). Refunds will not, however, be provided if you have accessed the Service at any time during the Cooling-off Period.

Your payment to us will automatically renew at the end of the subscription period, unless you cancel your subscription by notifying us before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period.

We may change the price for the Subscriptions, from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Service after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Service prior to the price change going into effect.

8 Term and termination

The Agreements will continue to apply to you until terminated by either you or us. We may terminate the Agreements or suspend your access to the Service at any time, including in the event of your actual or suspected unauthorised use of the Service and/or Content, or non-compliance with the Agreements. If you or we terminate the Agreements, or if we suspend your access to the Service, you agree that we shall have no liability or responsibility to you and we will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. You may terminate the Agreements at any time.

Sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.

9 Warranty and disclaimer

WE ENDEAVOUR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER WE NOR ANY OWNER OF CONTENT WARRANTS THAT THE SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, WE MAKE NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING.

THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

10 Limitation

YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE IS TO UNINSTALL ANY SOFTWARE AND TO STOP USING THE SERVICE.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, WITHOUT REGARD TO WHETHER WE HAVE BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO US DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.

Nothing in the Agreements removes or limits our liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.

11 Third party rights

You acknowledge and agree that the owners of the Content and certain distributors are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and us, and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.

12 Entire agreement

Other than as stated in this section or as explicitly agreed upon in writing between you and us, the Agreements constitute all the terms and conditions agreed upon between you and us and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.

13 Severability and waiver

Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.

Any failure by us or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive our or the applicable third party beneficiary’s right to do so.

14 Assignment

We may assign the Agreements or any part of them, and we may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.

15 Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) arising out of: (1) your breach of this Agreement; (2) any activity in which you engage on or through the Service; and (3) your violation of any law or the rights of a third party.

16 Choice of law, mandatory arbitration and venue

The Agreements are subject to the laws of England and Wales whose courts shall have exclusive jurisdiction.

17 Contact us

If you have any questions concerning the Service or the Agreements, please contact Sol Invicto Comiti via comiti@solinvictocomiti.com

 

Thank you for reading our Terms.

Contracting entity:

Sol Invicto LLC