Terms of Service

General

By signing up for a soup subscription, hereinafter “subscription,” from soupBycycle, LLC (a Kentucky limited liability company), hereinafter “soupBycycle,” you, an individual, groups, organizations, businesses, or others who may participate in the subscription, are held to the following terms and conditions. Your use of the services constitutes your agreement to these Terms of Service. If you do not agree with these Terms of Service, please do not use the subscription. soupBycycle reserves the right to change, modify, add, or remove portions of these Terms of Service at any time. Please check this page periodically for any modifications. Your use of any of the Services following the posting of changes constitutes your acceptance of the changes.

Liability Disclaimer

The soupBycycle does not provide liability insurance for the protection of you. In consideration for your participation in subscription, the individual, group, organization, business, or other, does hereby release and forever discharge soupBycycle, and its officers, board, and employees, jointly and severally from any and all actions, causes of actions, claims and demands for, upon or by reason of any damage, loss or injury, which hereafter may be sustained by participating in the subscription. This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability and the consequences thereof, as well as those now disclosed and known to exist. The provisions of any state, federal, local or territorial law or state providing substance that releases shall not extend to claims, demands, injuries, or damages which are known or unsuspected to exist at this time, to the person executing such release, are hereby expressly waived. I hereby agree on behalf of my heirs, executors, administrators, and assigns, to indemnify soupBycycle and its officers, board and employees, joint and severally from any and all actions, causes of actions, claims and demands for, upon or by reason of any damage, loss or injury, which hereafter may be sustained by participating in the subscription. It is further understood and agreed that said participation in the subscription is not to be construed as an admission of any liability and acceptance of assumption of responsibility by soupBycycle, its officers, board, and employees, jointly and severally, for all damages and expenses for which soupBycycle, its officers, board and employees, become liable as a result of any alleged act of the parade participant.

Terms of Use of Subscriber Agreement

Definitions As used in these additional terms, “you” or “yours” refers to each person or entity who establishes a subscriber account (“Account”) or who is authorized to access and use any of the Subscription Services.

  • Account You are responsible for all use of your Account under any user ID (username or email address) or password by any person and for ensuring that all use of your Account complies fully with the provisions of this Usage Agreement.
  • Subscription Fees and Changes Subscription charges commence upon the date your Services subscription is activated or, if applicable, upon the date your free trial period ends, and will be billed to your credit or charge card each month (for monthly subscriptions) or year (for annual subscriptions) thereafter. You acknowledge and agree that you will not receive a bill in the mail for your subscription. soupBycycle reserves the right to increase subscription rates at any time. Changes to standard subscription rates will be posted at /terms-of-service or in a soupBycycle communication to you. Increases in subscription rates will apply to existing accounts at the time of their renewal and will not exceed the standard subscription rate that has been in effect and posted for at least 30 days. Reductions in the standard subscription rate will not necessarily be reflected in your renewal subscription rate. Customers subscribing at specially discounted promotional rates may be subject to varying rate increases, none of which shall exceed the standard posted subscription rate.
  • Termination of Subscription and Free Trial Either party shall have the right to terminate your subscription at any time by providing notice of termination to the other. In the event of termination of your subscription by either party, you shall have no claims against soupBycycle or its affiliates. Termination of your subscriptions or free trial automatically terminates your license to use the Subscription Services and any content or other material contained therein. If you acquired an annual subscription to one of the Subscription Services and you terminate your subscription within 30 days of the date of activation of your Account, you are eligible to receive a refund of the subscription fee paid to soupBycycle; you must contact soupBycycle Customer Support to receive this refund. If you acquired a monthly subscription to the Subscription Services or if your subscription is acquired with a Promotion Certificate and you terminate your subscription, you will not receive any refund of the subscription fee paid to soupBycycle. If your subscription to the Subscription Services was acquired with a Gift Certificate and you terminate your subscription within 30 days of the date your Gift Certificate was acquired from soupBycycle, you are eligible to receive either:
    • (a) a refund of the subscription fee paid to soupBycycle (available only to the party acquiring your Gift Certificate from soupBycycle);
    • (b) a credit towards the price of acquiring other soupBycycle products or services; or
    • (c) a credit towards the future subscription fee for an existing Subscription Services subscription. You must contact soupBycycle Customer Support to receive these remedies. If soupBycycle terminates your subscription, other than as a result of your breach of this Agreement, soupBycycle will refund to you a pro rata portion of the subscription fee paid to soupBycycle, if any, for the unexpired portion of your subscription.
  • Subscription Changes If you acquired an annual subscription to the Subscription Services and you wish to change to another Subscription Service offering you may do so without penalty within 30 days of the activation of your Account. You must contact Customer Service to request this or other changes from one Subscription Service to another. If you acquired a monthly subscription to the Subscription Services and you wish to change to another Subscription Service offering, contact Customer Service, the change will be made effective when your current monthly term ends.
  • Renewals and Cancellations Your subscription will renew automatically unless we terminate it or you notify us by telephone or email (receipt of which must be confirmed by email reply from us) of your decision to cancel your subscription. You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card. Instructions on how to cancel your subscription are available at /my-account. In the event that you cancel your subscription, the unexpired portion of your subscription will not be refunded, applied to another subscription, or transferred to anyone else and is not convertible to cash or other form of credit. Payments made as part of a monthly subscription cannot be used as credit toward annual subscription charges and are non-transferable.
  • Credit Cards or Charge Cards You agree that you will provide a major credit or charge card (e.g., MasterCard, Visa, American Express) that soupBycycle may charge for all subscription fees or other amounts payable to soupBycycle. With respect to such charges, you give the following authorization:
    • I authorize automatic credit or charge card billing by soupBycycle. I agree that the charges described above will be billed by soupBycycle to the credit or charge card that I have provided to soupBycycle in my Account information, or otherwise when I applied for the Subscription Services. I understand that all fees and charges are nonrefundable. I agree that soupBycycle will not be responsible for any expenses that I may incur resulting from overdrawing my bank account or exceeding my credit limit as a result of an automatic charge made under this Agreement.
  • Account Information You agree to provide current, complete, and accurate information for your Account in order to receive access to the Subscription Services. You agree to promptly update all Account information to keep your account current, complete, and accurate (such as a change in billing address, credit or charge card number, or credit or charge card expiration date) and you must promptly notify soupBycycle if your credit or charge card is cancelled (for example, for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your log-in and password. Changes to such information can be made by going to the My Account area at /my-account. If you fail to provide soupBycycle any of the foregoing information, you agree that soupBycycle may assume that your credit or charge card is either still valid or that it has been renewed and may continue charging you for the Subscription Services to which you have subscribed, unless you have canceled your subscription.

Privacy Policies

soupBycycle is committed to respecting the privacy of visitors to its family of Web sites (collectively, the “soupBycycle sites” and each, a “soupBycycle site”). Except as otherwise provided, this Privacy Policy applies to all of the soupBycycle sites, which include, but are not limited to, soupBycycle.com. To better protect your privacy, we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used at this soupBycycle site. The soupBycycle sites are general audience Web sites, intended for Users of all ages. Personal information of Users may be collected, used, and disclosed as described in this Privacy Policy.

The Information We Collect

To help us achieve our goal of providing the highest quality services, we collect and apply information from our interactions with visitors and subscribers (each a “User”) to the soupBycycle sites, as well as from other parties. Because we respect your privacy, we have procedures to ensure that your personal information is handled in a safe, secure, and responsible manner. The information we receive and collect depends on what a User does when visiting one of the soupBycycle sites.

Your Personal Information

In general, our Users are able to visit many of our Web pages without telling us who they are or revealing any information about themselves. As discussed under “Usage Data” below, we may track the Internet domain or “Internet protocol” addresses from which Users visit us and analyze this data in the aggregate to determine usage for trends and statistics. Individual Users will remain anonymous, unless they voluntarily tell us who they are. There may be times, however, such as when subscribing to our services, making purchases from the soupBycycle Store, or contributing content to a soupBycycle site, when we ask Users to provide certain Personal Information about themselves. “Personal Information” may include, but is not limited to, the name, address, telephone number, e-mail address, and credit or charge card information of a soupBycycle site User. Whether or not a User provides such information is completely his or her own choice. If a User chooses not to provide the Personal Information we request, he or she may be unable to access certain services and content on our soupBycycle sites, purchase products from us, or contribute content to a soupBycycle site. SoupBycycle does not retain credit card information on file or in any database.

Demographic Information

There will also be opportunities for subscribers to provide us with demographic or profile information regarding their preferences and interests. This information may include, but is not limited to, age, gender, household income, level of education completed, number of children in the household, and personal-interest information. This demographic information, however, is not required and is completely optional on a subscriber’s part.

Prospect and Referral Information

If a User visits a soupBycycle site and submits an e-mail address to soupBycycle but fails to complete the registration or purchase process, we may use such “prospect” information to contact the prospective User from time to time with soupBycycle offers and information about new features, new services, and special discounts we think the User may see as valuable. Similarly, if a User forwards a soupBycycle e-mail to a friend, we may use the “referral” information provided to contact the friend from time to time with soupBycycle offers and information about new features, new services, and special discounts we think the friend may see as valuable. All of our “prospect” and “referral” communications contain clearly marked opt-out instructions. The types of personally identifiable information that may be collected in relation to “prospects” or “referrals” include: name and e-mail addresses. We do not sell or rent any contact information for such “prospects” or “referrals.”

Cookies and Beacons – Use by soupBycycle

To help you personalize your online experience, soupBycycle uses “Cookies.” “Cookies” are small files that soupBycycle transfers to the hard drives of Users for record-keeping purposes. One of the primary purposes of Cookies is to provide a convenience feature to save you time. For example, Cookies allow us to recognize you when you re-enter a soupBycycle site so that you will not have to log in each time you visit. Cookies also allow us to collect anonymous traffic data, such as the number of unique and return visitors who use the soupBycycle sites. Most browsers are initially set up to accept Cookies. If you prefer, you can reset your browser to notify you when you’ve received a Cookie or, alternatively, to refuse to accept Cookies. It is important to note that you may not be able to use certain features on a soupBycycle site if you choose not to accept Cookies. The use of Cookies is an industry standard and occurs at most major Web sites. To manage browser cookies, please see your browser’s privacy settings. To manage Flash cookies, please use the Adobe Flash Player Settings Manager. A “Web beacon” is an electronic image placed in the code of a Web page. We use Web beacons to monitor the traffic patterns of users from one soupBycycle page to another and to improve site performance. We use Web beacons from third-parties, such as Google, to help analyze where visitors go and what they do while visiting our Web site. These third-parties may also use anonymous information about your visits to this and other Web sites in order to improve its products and services and provide advertisements about goods and services of interest to you. How We Use the Information We Collect. We want you to understand when and with whom we may share personal or other information we have collected about you or your activities on our Web sites or while using our services. Personal Information. soupBycycle uses Personal Information for:

  • allowing soupBycycle site Users to obtain an account and to receive communications they request;
  • verifying the identities of contributors of content to soupBycycle sites;
  • making ongoing enhancements to the soupBycycle sites; marketing and promotional purposes;
  • and evaluating Web site usage by analyzing and otherwise using Personal Information and related data in the aggregate, but not with respect to any individual soupBycycle site User.

In addition, with respect to soupBycycle site Users located outside North America, we may share pertinent Personal Information with our local subsidiaries. We do not share your Personal Information with others except as indicated below or when we inform you and give you an opportunity to opt out of having your Personal Information shared. We may share Personal Information with:

  • Authorized service providers. We may share your Personal Information with our authorized service providers that perform certain services on our behalf. These services may include fulfilling orders, processing credit card payments, delivering packages, providing customer service and marketing assistance, performing business and sales analysis, supporting our Web site functionality, and supporting contests, sweepstakes, surveys and other features offered through our Web site, catalogs, by phone or mail. These service providers may have access to Personal Information needed to perform their functions but are not permitted to share or use such information for any other purposes.
  • Business partners. When you make purchases or engage in promotions offered through our Web site, catalogs or through our other services, we may share Personal Information with the businesses with which we partner to offer you those products, services, promotions, contests and/or sweepstakes. When you elect to engage in a particular merchant’s offer or program, you authorize us to provide your email address and other information to that merchant.
  • Direct mail partners. From time to time we may share our postal mailing list with selected providers of goods and services that may be of interest to you. If you prefer not to receive mailings from these providers, you can notify us at any time by following the instructions set forth below in “How to Opt Out, Correct, Update, or Remove Personal Information.”
  • Other situations. We also may disclose your information:
    • In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency;
    • to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
    • When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of soupBycycle, our Users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our Web site terms and conditions or other agreements or policies.
    • In connection with a legal proceeding or substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation or asset sale.

soupBycycle does not include in any of the soupBycycle sites any functionality for performing “reverse searches” to identify Web site Users from their e-mail addresses. However, as discussed below, soupBycycle reserves the right to analyze and utilize Personal Information in order to more effectively optimize the User experience and to present certain opportunities to Users for their benefit.

Demographic Information

In an ongoing effort to improve its services, soupBycycle may use aggregated demographic information to draw conclusions about Users’ wishes and preferences. soupBycycle may also provide demographic information in the aggregate regarding soupBycycle site Users to third parties in connection with soupBycycle advertising campaigns and marketing programs; however, no demographic information relating to any individual soupBycycle site User is disclosed without the express consent of such User. In addition, any such User may withdraw his/her consent at any time by following the instructions provided under the heading “How to Opt Out, Correct, Update, or Remove Personal Information” below. As stated above, submitting such demographic information is not required and is completely optional on a User’s part.

Prospect and Referral Information

As discussed above, we may use prospect and referral information to contact a prospect or referral from time to time with soupBycycle offers and information about new features, new services, or special discounts we think such prospect or referral may see as valuable. We do not sell or rent any contact information for such prospects or referrals.

Usage Data

We only use Usage Data in the aggregate. We look at the data on a collective basis, in summary form, rather than on an individual basis. This data helps us determine the extent to which our visitors use certain parts of a soupBycycle site, which, in turn, enables us to make the soupBycycle sites as appealing as possible. We may also provide statistical “ratings” about how our visitors collectively use our Web sites to business partners (advertisers and other companies with which we do business.) We do this so they, too, can understand how often people use their areas of the Web sites in order for them to provide you with the best possible experience. These statistical ratings do not contain any personally identifiable information about any of our individual Users.

Information Disclosed in Public Areas

Certain soupBycycle sites allow for the sharing of information. You should remember that any Personal Information you submit to such areas (for example, online chat rooms and forums) may be viewed by other visitors to that site. As a result, your Personal Information may be viewed, collected and used by third parties over whom soupBycycle has no control. soupBycycle is not responsible for either the information you submit in such public areas or the use that may be made of such information by any third party.

Subscriber Communications

As a benefit of membership, soupBycycle site subscribers may receive the following communications from us: Communications related to subscription maintenance activities. These communications may include, without limitation, notices regarding material changes to soupBycycle site policies, service updates, service enhancements, and account management procedures. Since these communications are necessary to ensure soupBycycle provides its subscribers with the highest quality of services, our subscribers are not permitted to opt out from receipt of these communications.

Newsletter Communications

As a benefit of a soupBycycle subscription, we may send soupBycycle subscribers our exclusive soupBycycle newsletters. These newsletters are full of useful soupBycycle content. To unsubscribe to a newsletter, a User can either (i) follow the instructions at the bottom of any newsletter or (ii) follow the instructions set forth below in “How to Opt Out, Correct, Update, or Remove Personal Information.” Communications containing information about soupBycycle products and services. We may send promotional e-mails and other outbound communications to soupBycycle site subscribers regarding products and services from soupBycycle. Any soupBycycle site subscriber that does not wish to receive such product and service communications can choose to remove his or her contact information from our contact list at any time by (i) following the instructions at the bottom of any promotional e-mail or (ii) following the instructions set forth below in “How to Opt Out, Correct, Update, or Remove Personal Information.” Protection for Children. Children should always ask parents for permission before providing any Personal Information to soupBycycle or purchasing any products or services from soupBycycle. soupBycycle expressly adheres to all laws and policies related to children’s privacy. soupBycycle does not knowingly collect or solicit Personal Information from or about children under 16, except as permitted by law. If we discover we have received any Personal Information from a child under 16 in violation of this policy, we will delete that information immediately. If you believe soupBycycle has any Personal Information from or about anyone under 16, please contact us in the manner provided for below.

Our Commitment to Security

soupBycycle only collects information from soupBycycle site Users to the extent deemed reasonably necessary to serve its legitimate business purposes, and it uses state-of-the-art security technology to ensure the security, integrity, and privacy of all collected information. When you place orders or access your account information, we automatically send you to a secure server, provided that your browser accepts SSL (Secure Sockets Layer) encryption. The most commonly used browsers are able to process SSL encryption. The secure server software encrypts all information you input before it is sent to us. In addition, soupBycycle uses security measures in connection with the collection and transmission of soupBycycle site User information during each soupBycycle site’s registration process. Nonetheless, soupBycycle is not responsible for any breach of its security or for the actions of any third parties that may obtain any soupBycycle site User information, including Personal Information or demographic information. How to Opt Out, Correct, Update, or Remove Personal Information. Users may opt out of certain services or correct, update, or remove Personal Information that soupBycycle has collected about them through any of the means listed below. Please be sure to include the following information in your correspondence: Your e-mail address Your first and last name Your mailing address (street, city, state, zip code, and country) The name of the soupBycycle site to which the request applies Contact us at:

soupBycycle@gmail.com or 502.767.1175
Monday – Friday, 9:00 a.m. to 5:00 p.m. (U.S. Eastern Time).

Please allow up to two (2) weeks for mailed-in or faxed opt-out requests to be processed.

Links to Other Web sites

The soupBycycle sites each contain links to other Web sites. soupBycycle is not responsible for the privacy practices or content of these third-party Web sites. We urge all soupBycycle site Users to follow safe Internet practices: Do not supply Personal Information to these Web sites unless you have verified their security and privacy policies. Data Retention. We retain your information for as long as necessary to permit us to use it for the purposes that we have communicated to you and comply with applicable law or regulations.

Business Transfers

As we continue to develop our business, we might sell or buy subsidiaries, or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Policy (unless, of course, the customer consents otherwise). Also, in the unlikely event that soupBycycle, or substantially all of its assets are acquired, customer information will be one of the transferred assets, and will remain subject to our Privacy Policy.

Your Consent and Changes to Privacy Policy

This Privacy Policy was last updated on May 3, 2010. By using any one of the soupBycycle sites, you consent to the collection and use of your information by soupBycycle in the manner specified in this Privacy Policy. soupBycycle reserves the right to change or amend this Privacy Policy prospectively at any time by posting the revised Privacy Policy on the soupBycycle sites. soupBycycle encourages soupBycycle site Users to periodically review this Privacy Policy to be informed of how we are protecting their information.

General

We may amend this Privacy Policy at any time by posting the amended terms on this site. All amended terms automatically take effect 30 days after they are initially posted on the site. If your questions are not answered online, you may contact us at:

soupBycycle@gmail.com or 502.767.1175
Monday – Friday, 9:00 a.m. to 5:00 p.m. (U.S. Eastern Time).

Copyright, Trademarks, and Infringement notifications Contents of soupBycycle.com are © soupBycycle, LLC or its licensors. All rights reserved. soupBycycle and other marks that appear throughout the Services belong to soupBycycle, its affiliates, or third-party trademark owners. Except as permitted by applicable laws, you are prohibited from using any of the marks appearing on the Services without express written consent from the respective trademark owners. If you believe that any copyright infringement exists on any of the marketing materials please use the following process to notify soupBycycle. We will act expeditiously to remove infringing material once informed. All claims of copyright infringement should be in writing and should be directed to our Designated Agent below: soupBycycle E-mail: soupBycycle@gmail.com Attn: Copyright Your notice must contain the following information:

  1. Your physical or electronic signature (as either the owner of an exclusive right that is allegedly infringed or as a person authorized to act on behalf of such owner).
  2. Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single claim, a representative list of such works at that online site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit soupBycycle to locate the material.
  4. Information reasonably sufficient to permit soupBycycle to contact you, such as an address, telephone number and, if available, an electronic mail address.
  5. A statement that you believe in good faith that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
  6. A statement that the information in the notice is accurate and that, under penalty of perjury, you are the owner of an exclusive right that is allegedly infringed or are authorized to act on behalf of such owner. soupBycycle has a policy of terminating in appropriate circumstances the subscriptions of users who are infringers of copyrights held by others. If your material is removed or access to it is disabled and you believe in good faith that a claim has been wrongly made against you, you may contact soupBycycle at: soupBycycle E-mail: soupBycycle@gmail.com Attn: Copyright

Your emailed notification must contain the following information:

  1. Your physical or electronic signature.
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located, or if you are outside of the United States, for any judicial district in which soupBycycle may be found, and that you will accept service of process from the person who notified soupBycycle of the alleged infringement or an agent of such person.

Governing Law These Terms of Service are governed by the laws of the United States and the Commonwealth of Kentucky, without giving effect to any principles of conflicts of laws.

By admin April 22, 2010