By clicking the Submit button, I agree to the terms of use and privacy policy.

 

User’s Acknowledgment and Acceptance of

Terms of Use

1. Terms and Conditions of Use

Please read the following terms and conditions relating to you use of this website carefully.  By using this website, you are deemed to have agreed to these terms and conditions of use. We reserve the right to modify them at any time. You should check these terms and conditions periodically for changes.   By using this website after we post any changes to these terms and condition, you agree to accept those changes, whether or not you have review them. If at any time you choose not to accept these terms and conditions or use, please do not use this website.

 

2. Scope of Terms and Conditions

These terms and conditions apply to your use of this website.  These terms and conditions do not apply to your use of unaffiliated websites to which Soul Magik Studios website may link.

 

3. Restrictions on Use of Materials

The contents of the Soul Magik Studios website (the website) are protected by copyright and trademark laws and are the property of Soul Magik Studios. Unless indicated otherwise, you may download copies of posted materials for personal, noncommercial use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice.  When you download copyrighted material, you do not obtain any ownership rights to that material.

 

You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the website.  Only if you obtain prior written consent from us — and from all other entities with an interest in the relevant intellectual property — may you publish, display or commercially exploit any material from the website.

 

4.  Content

For the convenience of our vendors, we may display catalogs of stock images, descriptions and product specifications. While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date. You agree that you will not hold our vendors responsible for inaccuracies in their catalogs. The catalogs may include copyrighted, trademarked or other proprietary materials. You may use the catalogs only for informational purposes. You may not use catalog content in a way that infringes or violates the proprietary rights of another.

 

 

5.    Links

These terms and conditions apply only to the website, and not to the websites of any other companies or organizations, including those to which the website may link.  We are not responsible for the availability of any other website to which the website links.  We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other website.  Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other website.  You should direct any concerns to that website's administrator or Webmaster.  We reserve the right, however, to rescind any permission granted by us, and to require termination of linking to the website, at our discretion at any time.

 

 

6.  Disclaimers

The services materials on this website are provided “as is” and without warranties of any kind, either express or implied. We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.  We do not warrant that any functions contained in the website will be uninterrupted or error-free, that defects will be corrected, or that the website or the server that makes them available are free of viruses or other harmful components.  We do not make any representations regarding the use or the results of the use of the services or materials in this website in terms of their correctness, accuracy, reliability, or otherwise.  You assume the entire cost of all necessary servicing, repair or correction to your system.  Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.  We do not endorse, warrant or guarantee any products or services offered on the website.  We are not a party to, and do not monitor, any transaction between users and third-party providers of products or services.

 

 

7.   Limitation of Liability

Under no circumstances, including but not limited to negligence, will we be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on the website, or any products of services provided pursuant to the website, even if advised of the possibility of such damages.  Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages (including but not limited to lost data), so the above limitation or exclusion may not apply to you.  In no event shall the total liability to you by us or any of our licensors or suppliers for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you to us, if any, for accessing the website.

 

 

8.  No Personal Advice

The information contained in or made available through the website cannot replace or substitute for the services of trained professionals in any field, including, but not limited to medical or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the website. We will not be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to

economic loss, injury, illness or death.

 

 

9.   Privacy Policy

You represent and warrant that you are at least eighteen (18) years of age and possess the legal authority, right and freedom to enter into the these Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the these Terms.  We are committed to protecting your privacy and security and have explained in detail the steps we take to do so.  We urge you to read our Data Privacy Policy. 

 

 

10.  Indemnity

You agree to defend, indemnify and hold us harmless, and our officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

1. any breach by you of any of these terms and conditions;

2. your content and materials;

3. your use of materials or features available on the website (except to the extent a claim is based upon infringement of a third party right by materials created by us); or

4. a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

 

 

11.  Jurisdictional Issues

We control and operate this website from our offices in the United States of America.  We do not represent that materials on the website are appropriate or available for use in other locations.  Persons who choose to access this website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

 

 

12.  Miscellaneous

These terms will be governed by and construed in accordance with the laws of the State of Washington, without regard to any principles of conflicts of law. You agree that any action of law or inequity that arises out of or relates to these terms will be subject to binding arbitration and will be arbitrated in Spokane, WA. If any of these terms and conditions is found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions and will not affect the validity and enforceability of the remaining provisions. This is the entire agreement between you and us relating to the subject matter it contains. This agreement may be modified only by our posting of changes to these terms and conditions, or by a writing signed by both parties.

 

 

13.   Digital Millennium Copyright Act ("DMCA") Notice

Materials may be made available via the website by third parties not within our control. We are under no obligation to, and do not, scan content used in connection with the website for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe upon another party's copyright to remain on the website. If you believe any materials on the website infringe upon a copyright, you should provide us with written notice that at a minimum contains:

 

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;

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 us to locate the material;

4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

 

All DMCA notices should be sent to:

 

Soul Magik Studios, LLC

2914 E Boone

Unit #4

Spokane, WA 99202

 

These Terms of Use are effective as of January 2017.  We reserve the right to change these Terms of Use from time to time without notice.

 

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PRIVACY POLICY

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Soul Magik Studios, LLC: Online Privacy Policy

Overview

This privacy notice will advise you about our guidelines concerning the use of your personal information, including the reasonable efforts we make to protect your personal information in accordance with these guidelines, and about what choices you have concerning our use of such information. Please read this notice carefully. 

1.0 PRIVACY

We keep your private information private by

• Not selling your information. You have entrusted Soul Magik Studios, LLC (“Soul Magik Studios”) with your personal information, and we're committed to using it wisely. Soul Magik Studios will not sell, share or otherwise transfer your personal information to anyone without your consent.

 

• Restricting who has access to your information. Soul Magik Studios takes reasonable precautions to restrict access to your Internet account and personal information only by employees who are authorized to have such access for business purposes. If you have any questions or concerns about our privacy policy, please contact us at soulmagikstudios.pole@gmail.com.

 

Please refer to this policy regularly. Soul Magik Studios may need to change this policy from time to time to address new issues and reflect changes on our website. We will post material changes on our websites or otherwise notify you and update the “Last Date Updated” field in the “Revision History” at the bottom of this page so that you will always know our policies regarding what information we gather, how we might use that information and whether we will disclose that information to anyone.

Scope of Privacy Policy

This policy applies to the personal information that you provide to Soul Magik Studios, either through our websites and mobile applications or in person at a Soul Magik Studios branch or program site. This policy does not apply to your use of unaffiliated sites to which our websites link. 

Collection of Personally Identifiable Information

Soul Magik Studios collects personally identifiable information (PII) from you when you voluntarily submit such information to us. The collection of PII may occur in person or on a website or mobile application operated, provided or otherwise controlled by Soul Magik Studios. This information may include your name, home address, email address, telephone number, date of birth, demographic information, sex-offender status, membership status, emergency contact information and other information that we may need to collect in connection with certain events, including but not limited to:

• registration for, or participation in, events, classes, camps and other activities or programs offered by Soul Magik Studios;

• registration for surveys, forums, content submissions, chats, bulletin boards, discussion groups, requests for suggestions or other services or activities offered on our website;

• answering your inquiries about our websites, organization, membership or other services or activities; and

• registration as a member of Soul Magik Studios.

 

Use and Disclosure of PII

If you do provide us with PII, Soul Magik Studios may contact you based on the information you provide to communicate with you about Soul Magik Studios activities that may be of interest to you.

Soul Magik Stuidos will use its best efforts to never disclose any PII about you to any third-party for purposes unrelated to Soul Magik Studios without having received your permission except as provided for herein or otherwise as permitted or required under applicable law.

We do not rent or sell PII, including information provided about children, to third-parties. Soul Magik Studios may share PII with trusted service providers, such as payment processors, technology partners or other providers that need access to your information to provide operational or other support services while you are a Soul Magik Studios member or program participant. In certain circumstances, we may also share information with select similar organizations that may offer activities of interest to you.

We may also provide PII to regulatory authorities and law enforcement officials in accordance with applicable law or when we otherwise believe in good faith that the provision of such information is required or permitted by law, such as in connection with the investigation or assertion of legal defenses or for compliance matters.

Collection of Payment Transaction Information

When you make a payment or donation, we collect information to process the financial transaction and may use that information to contact you in the future about Twirl Lit Fitness and its programs. Your payment information is transmitted to us using a secure Internet method that helps maintain the privacy of this information. During the time your payment information resides on our computers, it is in an encrypted format and can only be accessed by authorized personnel with a decryption key.

Collection of Non-Personally Identifiable Information

We collect non-personally identifiable information without limitation, through the use of the following types of methodology:

• “Cookie” technology: A cookie is an element of data that a website can send to your browser, which may then store it on your system to help enhance your experience in using our sites and to provide us with technical information about your usage.

• IP address tracking: An IP address is a number that is assigned to your computer when you are on the Internet. When you request pages from our Sites, our servers log your IP address.

• Web beacons: A web beacon, or “clear gif,” is a small graphic image on a webpage or web-based document that a website can use to determine information about a user.

 

Non-personally identifiable information might include the browser you use, the type of computer you use, technical information about your means of connection to our websites (such as the operating systems and the Internet service providers utilized) and other similar information. Our systems may also automatically gather information about the areas you visit and search terms you utilize on our websites and about the links you may select from within the sites to other areas of the World Wide Web or elsewhere online.

Although an industry-standard do-not-track (DNT) protocol has not yet been established, Soul Magik Studios's information collection and disclosure practices and the choices it offers to consumers will continue to operate as described in this Policy.

Use of Non-Personally Identifiable Information

We use non-personally identifiable information for our purposes related to running Soul Magik Studios and its programs, and, in particular, to administering websites, and, in the aggregate, to determine what technologies are being used.  We may also share aggregate, non-personally identifiable information with third-parties.

Collection of Sensitive Information

Where necessary, Soul Magik Studios may collect certain sensitive information from you, including

• payment card or bank account information to process fees or donations; and

• health information in connection with various fitness programs, programs in which we are responsible for supervising children, health screenings or other health service events that we may provide from time to time.

 

Access to sensitive information is restricted to those individuals who have a legitimate need for access. We will not use or disclose your information to third-parties unless such disclosure is necessary to accomplish the purpose for which the information is collected.

Links to Other Sites

Users may find other content on our websites that link to the sites and services of other third-parties. We do not control the content or links appearing on these sites. Third-party sites or services, including their content and links, may be constantly changing and may have their own privacy policies and customer service policies. We encourage you to review the privacy policies of any third-party sites or services before providing any of them with your personal information.

Choice/Opt-Out

If you opt-in to receive information from us, you can change your mind later. If at any time you would like to stop receiving such information or opt out of a feature, you may change your options by contacting soulmagikstudios.pole@gmail.com. You should be aware, however, that it is not always possible to completely remove or modify information in our databases and servers, although we will make reasonable efforts to do so upon your request, and we are unable to have your information removed from the records of any third-party who has been provided with your information in accordance with this policy.

Personal Data Access and Accuracy

You may contact Soul Magik Studios with inquiries or complaints regarding the use of information about you. We will use reasonable efforts to grant reasonable requests to access data about the requester. We will also make reasonable requests to correct any incorrect or misleading data about the requester.

2.0 SECURITY

Soul Magik Studios takes appropriate administrative, technical and physical measures to safeguard against unauthorized processing of personal information, and against the accidental loss of, or damage to, personal data. We maintain appropriate physical, electronic and procedural safeguards to protect your personal information collected via the website. Access to information is restricted to employees who need to know information in the course of providing operations or services. However, Soul Magik Studios cannot provide an absolute guarantee of the security of any of our websites or any other site on the Internet.

Consent to Transfer

Soul Magik Studios websites are operated in the United States. If you are located outside of the United States, please be aware that any information you provide to Soul Magik Studios will be transferred to the United States by using Soul Magik Studios websites, participating in any Soul Magik Studios services and/or providing us with your information, you consent to this transfer.

California Privacy Rights

The California “Shine the Light” law permits California residents to annually request and obtain information free of charge about what personal information is disclosed to third-parties for direct-marketing purposes in the preceding calendar year. Soul Magik Studios does not distribute your personal information to outside parties for their direct marketing without your consent.

Updating your Personal Information

You can update your personal information by emailing us at soulmagikstudios.pole@gmail.com or via a written request mailed to: 2914 E Boone Spokane, WA 99202. Please do not send Social Security numbers or other sensitive information to us via unencrypted email.