1.1 We are a legal person, established pursuant to the laws of Estonia: SOULTRAIN SOLUTIONS OÜ (hereinafter: Soul Train), registry code 16773170, address: Lai 15a, 80010 Pärnu Estonia.
1.2 These Terms and Conditions reflect how Soul Train’s digital platform and services (hereinafter the Soul Train platform) work and sets forth the applicable laws and our founding principles. Thus, these Terms and Conditions define our relationship with our Users. Understanding these Terms and Conditions is important because, to use the Soul Train platform, you accept these terms. If you are unwilling to accept these Terms and Conditions, you cannot use the Soul Train platform.
1.3 You may always contact us to enquire about these Terms and Conditions or for any assistance at [email protected].
2.1 Platform for Breakers, Ranking Breakers and Event Organizers: Soul Train provides a platform in-app and on a web where Breakers and Rankin Breakers and other Users can post content and meet, access the content, and interact with other breakers.
2.2 Our commitment: Soul Train is committed to creating a vibrant, global hub for breaking enthusiasts. Our mission is to provide a platform that empowers individuals to learn, share, and grow within the world of breakdancing. We believe that by connecting people and fostering collaboration, we can fuel creativity and passion, uplifting the culture of breaking worldwide.
2.3 Community for all: We envision Soul Train as a space that transcends geographical and cultural boundaries, uniting breakdancers around the globe. More than just an app for learning breaking, Soul Train is a digital stage for artists to express themselves, a meeting point for enthusiasts to connect, and a collaborative space for creative projects. Our vision is to elevate breaking to new heights, cultivating a community that learns, evolves, and thrives together.
2.4 Inclusive community: For the community to thrive, it is important to keep the community a safe and supportive space for all within our community. This is where our Community Guidelines —rules and recommendations for how to behave on the Soul Train platform — come into play. To sum up, the Community Guidelines set forth what kinds of content may not be posted on the Soul Train platform and describes the consequences of breaching the Community Guidelines — anyone can always report a community member and their behaviour using the in-app reporting feature or contact Soul Train through our contact points referred to below (chapter 8). Soul Train will review all reports and decide whether there is a violation of our Community Guidelines, and in case of a violation, we may remove the content, suspend or ban the account, and/or notify law enforcement. Some content may be filtered or banned by automatic means within the app (e.g. nudity) or pursuant to orders issued by relevant national judicial or administrative authorities. We hope our Users respect the Community Guidelines—just as we respect our Users.
2.5 Your privacy: Your rights regard your personal data, including the use of your personal data within the Soul Train platform, are set forth in the Privacy Policy, which applies whenever you use the Soul Train platform.
3.1 Users
3.2 Soul Train has three four types of users—Breakers, Ranking Breakers, Event Organizers and
Dance Schools (hereinafter Users):
3.2.1 Breakers are the ones who take part in battle practices, vote for winners, upload their
own content and interact with others.
3.2.2 Ranking Breakers do live battles, earn points for Soul Train rankings, become eligible
for prize money.
3.2.3 Dance Schools – can add Dance Schools, organize battles and events and advertise
their events on Soul Train
3.2.4 Event Organizers can add events to Soul Map, interact with Users, upload content and
advertise their events on Soul Train. Event Organizers may be legal persons (e.g.
organizers, dance schools).
In addition, on Soul Train platform, professional artists and dancers have created educational
videos who may or may not be Users.
3.3 Services
3.4 Services are divided by subscription plans:
3.4.1 Free use allows Users to have access to limited features for seeing and learning,
uploading content and entering into battles (however not for prize monies).
3.4.2 Education pass allows full access to education centre where Users may learn from
professional tutorial videos and upgrade their skills; Users may upload 30-second
videos, earn points, vote.
3.4.3 Battle pass allows Users to do live battles, enter competitions and earn points as well
as prize monies.
3.4.4 Radio pass allows Users to access unlimited amount of breaking music from the list
chosen by Soul Train.
3.5 Soul Train may offer a selection of subscription plans which conditions will be disclosed upon signing up or during the use of the Soul Train platform or in other communications made available to you, and the fees set forth in the plan description are exclusive of any taxes or levies unless specifically stated otherwise. You can always find details regarding your subscription within the service itself (e.g. Soul Train’s mobile application).
3.6 Additional services include:
3.6.1 Chats that allow Users to communicate with each other.
3.6.2 Soul Map where Event Organizers can map their physical and online events and battles,
Dance Schools are mapped, and Users can map training spots and mark hip- hop history
points;
3.6.3 Live, physical and hybrid events that are organized in- our outside of the Soul Train
platform.
3.7 Accounts
3.8 To use the Soul Train platform, you must open an account. To open an account, you must:
3.8.1 provide us with truthful information and keep it updated;
3.8.2 be at least 13 years old or have your parent’s/guardian’s permission. In some countries,
the age limit may be higher pursuant to applicable laws and you can see such age limits
in European Union here;
3.8.3 Agree to these Terms and Conditions.
3.9 You may always terminate and delete your account. In case of deleting your account, all your content will be made unavailable on the platform in seven-month time. Regards deletion of the content, acquiring copy of your content, see our Privacy Policy.
3.10 To use the Soul Train platform, you must have internet access and a supported device.
3.11 Content on Soul Train platform
3.12 On Soul Train platform, Soul Train as well as Users may provide different content in the form of uploads, comments, votes, dashboards, rankings, chats and information (e.g. on Soul Map).
3.13 Any and all content on Soul Train platform must honour rights of others. Whenever a User uploads any content (including on chats and Soul Map), the User must ensure that it does not infringe anyone’s intellectual property rights (e.g. music, choreography), privacy rights (e.g., one’s image, name, voice, home) or related rights thereof.
4.1 Subscription fees: Fees are applicable to Users of paid accounts and may be in the form of Soul Train subscription fees, usage fees, processing fees, access fees, one-time fees, prize monies, etc., as presented and explained during your use of the Soul Train platform.
4.2 If you subscribe to the Soul Train platform as a paid User, your subscription will continue until modified or terminated. Your subscription may be for the use of the Soul Train platform to access a Educational pass or Battle pass or Radio pass or any mixture of these as offered by Soul Train.
4.3Payment and collection of any fees may be done in valid currencies on the Soul Train platform – in-app or web-based.
4.4 Paying and charging
4.5 All amounts are payable and charged for:
4.5.1 monthly subscriptions, at the beginning of the subscription and, because each such
subscription renews automatically for an additional period equal in length to the expiring
subscription term until you cancel it, at the time of each renewal until you cancel, using
the platform you downloaded the application for using the Soul Train platform (like the
Apple App Store, Google Play).
4.5.2 one-time payments before the use of the Soul Train platform’s specific service (e.g. the
creating of an event);
Payments are non-refundable and we do not provide refunds or credits for any partial periods. In
case the payment is not received by Soul Train, Soul Train may temporarily suspend your access
to Soul Train platform services.
4.6 Cancellation
4.7 You can cancel your subscription at any time, and you will continue to have access to the service through the end of your subscription period. If you choose to cancel your subscription, you must do so before it renews to avoid the fees being billed for the next subscription period. You can cancel the renewal of your subscription at any time through the Soul Train platform on the web platform or the relevant app store if available (like the Apple App Store, Google Play). You will not receive a refund for the fees you have already paid for your current subscription period (as the Soul Train platform is a digital service) and you will continue to receive the Soul Train platform as subscribed until the end of your current Subscription period.
4.8 Changes to fees
4.9 We may change subscription fees from time to time; however, any price changes or changes to your existing subscription plans will apply no earlier than from the next billing cycle and in case of disagreement, the subscription will end. For new services, subscription plans, and content, Soul Train is free to set the fees.
4.10 Collection
4.11 As Soul Train operates as a community for Users to thrive, we may occasionally provide for prize monies that are paid to the Users for taking part or winning battles or events.
4.12 All amounts payable to the Users will be paid out by Soul Train or in case pf physical event, the Event Organizers. On a monthly (or any other agreed) basis, Soul Train will pay the collectable sum to the User’s payment service account specified by the User. In case there are any restrictions to such payments prescribed by law (e.g. sanctions) or by payment service providers (e.g. bank’s orders), Soul Train and the User shall communicate on the matter.
4.13Soul Train and payment service providers may withhold applicable fees and any taxes in which case you are notified of such withheld fees and taxes. However you are responsible for bearing any additional charges that such third-party payment processors or your country of residence may levy on you (e.g. income tax).
4.14 Compliance
4.15 Soul Train and the Soul Train platform are subject to different applicable laws regarding the identification of Users, tax identification, compliance, fraud, chargebacks and resolution of payment disputes, and this may mean delays in bill charging and collection. In these cases where this affects receipt or payment, or withholdings thereof, we shall inform you accordingly
5.1 Soul Train retains any intellectual property rights that we have in our content. Nothing in these Terms and Conditions grants you any right to use any of our trademark, logo, source code, or other creations for any purpose except for promotional use of the content you have created on the Soul Train platform.
5.2 Soul Train gives access to content created by the professional dancers as well as any User. Users making available content are responsible for ensuring that it does not infringe any rights of others.
5.3 If you have made content available on the Soul Train platform, you retain all copyrights to that content; however, you grant us a non-exclusive, free, perpetual, irrevocable, sublicensable, worldwide license to use, reproduce, distribute, perform, publicly display, communicate to the public or prepare derivative works of your content to allow us to operate Soul Train as a content platform and pursue the aims and objectives of Soul Train.
5.4 By making content available, you agree and authorize that other Users may use such content for viewing and interacting with the content on Soul Train platform. Users should not use oether Users’ content outside of Soul Train platform without separate agreement with Soul Train and the other User.
5.5 If you think someone has or we have infringed your intellectual property rights, you can send us notice of said infringement and we will take appropriate action.
6.1 In case of breach of these Terms and Conditions or Community Guidelines whether discovered
by Soul Train, notified by automated means or reported by Users or other individuals and
entities, Soul Train may apply the following restrictions:
6.1.1 First and second time of non-material breaches, the User’s content may be filtered,
blocked, demoted and a warning is given to the User;
6.1.2 Third time non-material breaches and first-time material breaches, the User may be
suspended for up to 6 months from Soul Train platform or the account may be
terminated. If the User is suspended, the User will not be charged for subscription fees
and the User may activate the account again after the end of suspension period. In case
of termination, the User is blocked from Soul Train platform indefinitely. the subscription
fees will not be charged and the User may not open another account on Soul Train
platform.
6.2 Soul Train will provide a clear and specific statement of reasons to any User for any of the
following restrictions:
6.2.1 any restrictions of the visibility of specific content provided by the User, including
removal of content, disabling access to content, or demoting content;
6.2.2 suspension, termination or other restriction of monetary payments;
6.2.3suspension or termination of the provision of the service in whole or in part;
6.2.4 suspension or termination of the account.
6.3 Any decision of Soul Train regards to suspension, termination or other restrictions, can be appealed by writing reasoned application to Soul Train whether in-app or via e-mail set fort in Chapter 8 below. Soul Train will provide reasoning for taken decision or change its decision and notify the User within reasonable time.
6.4 If a User’s account gets suspended or terminated, Soul Train has a right to make an offer to license the content created by the User.
7.1 We provide the Soul Train platform using reasonable skill and care; however, we do not proactively review or control the content posted on the Soul Train platform. If we or the content on the Soul Train platform do/does not meet the quality level expected or the content disturbs you, you agree to notify us, and we will work with you and/or the content owner to try to resolve the issue. The views expressed in the content do not reflect our views as our aim is to make different content from different professional dancers and Users accessible.
7.2 The Soul Train platform is provided “as is” and we do not make any commitment about the Soul Train platform (including the content, functioning of applications or availability thereof, or ability to meet your needs) except as provided under applicable laws.
7.3 We will not be responsible for any losses, unless they’re caused by our breach of these Terms and Conditions or as mandated by applicable laws (e.g. gross negligence, wilful misconduct). To the extent permitted by applicable laws, our liability for damages is limited to the amount of money we have earned through your use of the Soul Train platform within the previous 6 months.
7.4 You will indemnify us for all losses and liabilities, including legal fees, that arise from these Terms and Conditions or relate to your use of the Soul Train platform, including any content. We reserve the right to exclusive control over the handling of any claims received. Your obligation to indemnify under this clause also applies to our subsidiaries, affiliates, officers, directors, employees, agents, and third-party service providers.
7.5 If any of your actions are contrary to these Terms and Conditions or in any way illegal or harmful to us or others, we may hold you responsible by deleting or making content unavailable, suspending or terminating your account, as well as presenting a claim for any and all damages created by you.
8.1 You must also comply with all applicable third-party terms of service when using the Soul Train platform, such as providers of payment (like the Apple App Store and Google Play) and internet access providers.
8.2 The laws of Estonia are applied to these Terms and Conditions. In certain cases, you may be able to apply the laws of the country of your residence.
8.3The courts of Estonia are competent to solve any disputes arising out of these Terms and Conditions. However, if the User or any other individual is a natural person in the EEA, the applicant’s local courts may be competent, and disputes may be solved using the European Commission’s Online Dispute Resolution platform, which we accept if required by law. Furthermore, you may be entitled to file a dispute with your payment service provider in accordance with the terms of use of the latter.
8.4 These Terms and Conditions and any referenced policies are the entire agreement between you and us and supersede all prior agreements. If any provision is held to be unenforceable, then that provision is modified to the extent necessary to enforce it. If a provision cannot be modified, it is severed from these terms, and all other provisions remain in force.
8.5 For the purposes of applicable laws, there is a designated single point of contact to enable Soul Train to communicate directly with state authorities,any individual or company and our Users, a single point of contact is [email protected]; Users of the service may also communicate directly with Soul Train in-app.
9.1 Changes: We may change these Terms and Conditions. If we make a material change, we will provide you with reasonable advance notice and the opportunity to review the changes. If you do not agree to the new terms, you should stop using the Soul Train platform.
9.2 Validity and changes: We always want to be clear about any changes we make, thus all major
changes of any version at any point in time of these Terms and Conditions are set forth herein:
Publication - 08.07.2024
Validity - 08.07.2024
Main changes - Original T&C of the Soul Train platform