Terms and Conditions
All disputes between you and the Company will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review Section 18 for the details regarding your agreement to arbitrate any disputes with the Company.
The Company may make modifications, deletions and/or additions to this Agreement (“Changes”) at any time. Changes will be effective: (i) thirty (30) days after the Company provides notice of the Changes, whether such notice is provided through the Website user interface, is sent to the email address associated with your account (if applicable) or otherwise; or (ii) when you opt-in or otherwise expressly agree to the Changes or a version of this Agreement incorporating the Changes, whichever comes first.
1. Defined Terms
“Media” means pictures, videos, images, graphics and similar items that are uploaded on the Website.
“User” means a person who accesses the Website.
“Website” means www.intentioninspired.com.
The Website is intended to be a site where Users can upload Media, which Media can then be copied, reproduced, modified and used (for any and all purposes) by other Users, for no compensation payable to the User that uploaded the Media and without any permission being required. In this regard, all Users acknowledge that the Company is not verifying the Media, and therefore the use of such Media in any way is at each User’s own risk, and same are being provided on the Website “as-is, where-is”, without any representations or warranties whatsoever by the Company.
3. Representations and Warranties by User
By using the Website, you expressly represent and warrant that you are legally entitled to enter into this Agreement. If you reside in a jurisdiction which restricts the use of the Website because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Website. Without limiting the foregoing, the Website is not available to persons under the age of 18. By using the Website, you represent and warrant that you are at least 18 years old. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. When using the Website, you agree to comply with all applicable laws of the nation, the country, state, province and city in which you are present while using the Website.
By using the Website, you agree that while each individual Media on the Website may be used commercially, the presentation and collection of this Media is copyrighted by the Company, and therefore may not be used, altered or copied in any manner.
By using the Website, you agree that:
- You will only use the Website for lawful purposes. You will not use the Website for any illegal or immoral purposes, including but not limited to pornography, drug use, gambling or prostitution, or any other purpose reasonably likely to reflect negatively on the Company.
- You will not use the Website for sending or storing any unlawful material or for fraudulent purposes.
- You will not use the Website to send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights and material that could be considered as sexual or psychological harassment or of a discriminatory nature;
- You will not impair the proper operation of the Website.
- You will not try to harm the Website or the Company in any way whatsoever.
- You will not: (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Website in any way, save as permitted herein; (ii) modify or make derivative works based upon the Website; (iii) create Internet “links” to, or “frame” or “mirror” the Website on any other server or wireless or Internet-based device; (iv) reverse engineer the Website, or access the Website in order to (a) build a competitive product or service, (b) build a product using similar ideas, features or functions of the Website, or (c) copy any ideas, features or functions of the Website, including without limitation the presentation of the Media, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Website.
- You will not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iii) interfere with or disrupt the integrity or performance of the Website or the data contained therein; or (iv) attempt to gain or to permit others to gain unauthorized access to the Website or its related systems or networks.
- You will respect the Website and other Users when posting Media and using the Website. When submitting Media to or otherwise using the Website, you agree not to post or transmit to or from the Website: (i) any unlawful, hateful, racially or ethnically offensive, threatening, libelous, defamatory, obscene, pornographic, or other material or Media that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or Media (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); (iii) any material or Media that infringes, misappropriates or violates any third party rights, including but not limited to copyright, trademark, patent right or other proprietary right of any third party; (v) any falsehoods or misrepresentations that could damage us, our users or any third party; (vi) any private information concerning another person, such as their address, phone number, email address, and similar information without their permission; (vii) anything which impersonates another person or represents yourself as affiliated with us, our staff or other industry professionals; (viii) anything which solicits a user’s password or other account information; (ix) anything which harvests user names, addresses, or email addresses for any purpose; and (v) any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems. The above list is an example only and is not intended to be complete or exclusive.
- You are solely responsible for all Media that you make available through the Website. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Media that you make available through the Website or you have all rights, licenses, consents and releases that are necessary to grant to Company the rights in such Media, as contemplated under this Agreement; and (ii) neither the Media nor your posting, uploading, publication, submission or transmittal of the Media or Company’s (or other Users) use of the Media (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. Further, you do hereby acknowledge that all Media may be viewed, used, reproduced, modified or otherwise dealt with by all Users or others, without any compensation to you.
You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of Media to the Website.
If you believe that any Media infringe any copyright that you own or control, please advise the Company immediately at email@example.com.
Company will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Company may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that Company has no obligation to monitor your access to or use of the Website or Media or to review or edit any Media, but has the right to do so for the purpose of operating the Website, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Company reserves the right, at any time and without prior notice, to remove or disable access to any Media that Company, at its sole discretion, considers to be in violation of this Agreement or otherwise harmful to the Website.
4. Digital Millennium Copyright Act
We comply with the provisions of the Digital Millennium Copyright Act applicable Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Website, you may contact our Designated Agent at the following address:
ATTN: Copyright Notice
1706 NE Weidler St
Portland, OR 97232
Any notice alleging that materials hosted by or distributed through the Website infringe intellectual property rights must include the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- a description of the copyright-protected work or other intellectual property right that you claim has been infringed;
- a description of the material that you claim is infringing and where it is located on the Website;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of those materials on the Website is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
The Company will promptly terminate without notice the accounts of users that are determined by the Company to be “Repeat Infringers.” A Repeat Infringer is user who has been notified of infringing activity or has had Media uploaded by them removed from the Website at least twice.
5. Restrictions and Copyright Policy
No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Company or its licensors.
6. License granted by User
Notwithstanding any other provision herein, please be aware that by submitting, uploading, or otherwise making available Media to the Website, you agree to make, and are hereby making, the Media available to the Company and all Users under the terms of Creative Commons Zero, which means you permanently and irrevocably waive, abandon, and surrender your copyrights in and to the Media. Please review the terms of Creative Commons Zero, which are incorporated into this Section 6 by reference.
You acknowledge and agree that your Media are not your confidential or proprietary information. We take no responsibility and assume no liability for any Media posted or submitted by you. We have no obligation to post your Media; we reserve the right in our absolute discretion to remove or alter any Media. In connection herewith, you hereby renounce and waive in favour of Company and all Users to any moral rights you have or might have, now or in the future, with respect to Media and Content.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST NOT, AND YOU ARE NOT PERMITTED TO, UPLOAD ANY MEDIA TO THE WEBSITE.
7. Copyright Policy
Company respects copyright law and expects its Users to do the same. It is Company’s policy, when it becomes aware, to terminate in appropriate circumstances Users or other account holders who infringe or are believed to be infringing the rights of copyright holders.
8. Payment Terms
Any fees that the Company may charge you for the use of the Website are due immediately and are non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to the Website either planned, accidental or intentional, or any reason whatsoever.
- Billing Details: To ensure uninterrupted service, all subscriptions are renewed automatically, using the credit card on file. Annual and Lifetime subscriptions are billed in one payment at the time of purchase, or at the time of upgrade from a Monthly Subscription, as specified at time of purchase. Annual and monthly subscriptions automatically renew at the end of the initial term, at the standard advertised price at that time, which may be higher than the promotional rate. Annual and Lifetime subscriptions are backed by our 30-day money back guarantee. There is a non refundable setup fee of $29 for both annual and lifetime memberships. We do not offer refunds on the monthly subscriptions. You can cancel your subscription any time by visiting our cancellations page or by emailing us at firstname.lastname@example.org. All refunds must be requested by emailing us and are manually processed. For more information on subscriptions please see paragraph 10 below.
9. Intellectual Property Ownership
The Company alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website (collectively “Feedback”). You are not required to provide any Feedback to the Company. To the extent you do provide any Feedback to the Company, you agree to assign and hereby do assign to the Company all right, title and interest in and to such Feedback and agree that the Company may freely utilize such Feedback without compensation to you. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Website, or any intellectual property rights owned by the Company. The Company name, the Company logo, and the product names associated with the Website are trademarks of the Company or third parties, and no right or license is granted to use them.
10. Services and Products We Offer
Intention Inspired SUBSCRIPTION
Account holders may access their Subscription via:
- Paid Subscription: a subscription fee-based program, which gives access to all content. You may have access to a free trial period of the subscription program in accordance with certain promotional offers. All subscription services provide access through the Products. You can become a subscriber by purchasing a subscription to the Products from the Website, or through a bundle with one or more of our bundle subscription partners. If you purchase through one or more of our bundle subscription partners, the purchase may be further subject to the Terms and Conditions of such partners, and payment and management of the bundle subscription may be administered by them.
- We offer monthly, annual, and lifetime subscription options. For the purposes of our monthly and yearly subscriptions, a month constitutes 30 calendar days, a year constitutes 365 calendar days. For the purposes of our forever subscription, forever constitutes 100 years or until the date we cease to commercially offer the Products
- Our “Monthly” subscription is paid in monthly installments. For each month that your monthly subscription is active, you acknowledge and agree that the Company is authorized to charge the same credit card as was used for the initial subscription fee or other payment method as set forth in section 10.8 (the “Payment Method”) in the amount of the then current monthly subscription fee. The monthly renewal subscription fees will continue to be billed to the Payment Method you provided, automatically until cancelled. You must cancel your subscription before it renews each month in order to avoid billing of the next month’s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period
- Our “Annual” subscription is paid for by an upfront one-off payment with automatic annual renewals respectively. You acknowledge and agree that the Company is authorized to charge the Payment Method used for (i) the initial annual subscription fee at the rate secured at the time of purchase, and (ii) the renewal subscription fee(s) at the effective rate in effect at the time of any such renewal. You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial subscription period.
- Our “Lifetime” subscription is paid for by a one-off upfront payment.
- You may cancel automatic renewals of your subscription at any time by emailing email@example.com. If you purchase a subscription through a bundle subscription partner, you may cancel according to the process outlined by the bundle subscription partner.
- You agree to promptly notify the Company of any changes to the Payment Method you provided while any subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you.
- In the course of your use of the Products, the Company and its third party payment service provider may receive and implement updated credit card information from your credit card issuer in order to prevent your subscription from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to the Company and it’s third party payment service provider at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer.
- Our obligation to provide the Products only comes into being when we take receipt of your Order, and we confirm your purchase to you by email. We shall confirm your Order and send you an email to confirm your access to the subscription purchased. Please quote the Order number in all subsequent correspondence with us. Prices in US Dollars and Euros include local taxes. All prices in Pound Sterling include VAT unless otherwise stated. You agree not to hold us responsible for banking charges incurred due to payments on your account. If payment is not received by us from the Payment Method you provided, you agree to pay all amounts due upon demand by us. You agree that you are not permitted to resell any Products purchased through the Company for commercial purposes.
- CANCELLATION BY YOU
- You may cancel a Monthly subscription at any time. Cancellation is effective at the end of the applicable monthly period. Please make any such cancellation by visiting here or emailing firstname.lastname@example.org.
- You may cancel our Annual, and Lifetime subscription plans within the 30-day money back guarantee offer, which entitles you to cancel your subscription and have the full cost minus $29 refunded to you up to 30 calendar days from your first date of payment, by emailing email@example.com. You are entitled to one refund only. After your refund, any future subscriptions will no longer qualify for the 30-day money back guarantee on any subscription method. All refunds are processed manually and must be requested within 30 days via email: firstname.lastname@example.org.
- CANCELLATION BY US
- We may suspend or terminate your use of the Products as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. A breach of these Terms, includes without limitation, the unauthorized copying or download of our audio or video content from the Products.
- PROMOTION CODES
- Any promotion code or offer provided by us may not be used in conjunction with any other promotion code or offer, past or present. Introductory offers are only available to new users of the Products, except where expressly stated otherwise. Previous users or trial users of the Products do not qualify as new users. Unless otherwise set forth in the terms of any promotion, all pricing promotions or discounts will apply to the initial period of the subscription, and any renewals will be charged at the rate in effect at the time of renewal for the type of subscription purchased.
ONLINE DIGITAL FORUMS
We offer interactive digital forums for connecting with like-minded people to help grow your personal meditation practice.
INTERACTIVE DIGITAL JOURNALING
We host interactive online journals and blogs focused on self-improvement.
JOURNALS & INTENTION CARDS
We sell printed journals of our digital challenges and seed cards to nurture and grow your seeds of intention.
11. Third Party Interactions
During use of the Website, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Website. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction, services or promotion between you and any such third party. The Company does not endorse any sites on the Internet that are linked through the Website, and in no event shall the Company or its licensors be responsible for any Pictures, products, services or other materials on or available from such sites or third party providers. The Company provides the Website to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and the Company disclaims any and all responsibility or liability arising from such agreements between you and the third party providers.
The Company may rely on third party advertising and marketing supplied through the Website and other mechanisms to subsidize the Website. By agreeing to these terms and conditions, you agree to receive such advertising and marketing. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Website.
12. Medical Disclaimer
- The Company is a provider of online and mobile digital content in the health & wellness space. We are not a health care or medical device provider, nor should our Products be considered medical advice. Only your physician or other health care provider can do that. While there is third party evidence from research that meditation can assist in the prevention and recovery process for a wide array of conditions as well as in improving some performance and relationship issues, we make no claims, representations or guarantees that the Products provide a therapeutic benefit.
- Any health information and links on the Products, whether provided by the Company or by contract from outside providers, is provided simply for your convenience.
- Any advice or other materials in the Products are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your individual condition and circumstances. The advice and other materials we make available are intended to support the relationship between you and your healthcare providers and not replace it. We are not liable or responsible for any consequences of your having read or been told about such advice or other materials as you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials, and information published as part of the Products.
- There have been rare reports where people with certain psychiatric problems like anxiety and depression have experienced worsening conditions in conjunction with exposure to digital products. People with existing mental health conditions should speak with their health care providers before starting a meditation practice.
By entering into this Agreement and using the Website, you agree that you shall defend, indemnify and hold the Company, its licensors, and each of their parent organizations, subsidiaries, affiliates, officers, directors, Users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, or (c) your use or misuse of the Website, except in each case solely to the extent any of the foregoing arises directly from the gross negligence or willful misconduct of the Company.
14. Disclaimer of Warranties
THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, SAFETY, ACCURACY OR COMPLETENESS OF THE WEBSITE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE WEBSITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA, (B) THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF THE WEBSITE, AS WELL AS ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S) THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE WEBSITE IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY THE COMPANY. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE WEBSITE, AS WELL AS ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE WEBSITE. THE COMPANY DOES NOT VERIFY THE OWNERSHIP OR INTELLECTUAL PROPERTY RIGHTS OF THE MEDIA, NOR HOW ANY USER MAKES USE OF THE MEDIA AND SHALL HAVE NO LIABILITY RELATING THERETO. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE WEBSITE, THE MEDIA AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
15. Internet Delays
THE WEBSITE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES OF WHATSOEVER NATURE RESULTING FROM SUCH PROBLEMS.
16. Limitation of Liability
IN NO EVENT SHALL THE COMPANY’S OR ITS LICENSORS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF (OR INABILITY TO USE) THE WEBSITE OR WITH RESPECT TO THE MEDIA EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO THE COMPANY IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM OR THE AMOUNT OF FIFTY DOLLARS (50$), WHICHEVER IS GREATER. IN NO EVENT SHALL THE COMPANY OR ITS LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). THE COMPANY AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE WEBSITE OR THE MEDIA, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE WEBSITE, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON OR WITHIN THE WEBSITE, AND INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY RESULTING FROM YOUR USE OF THE INTENTION INSPIRED API OR THIRD-PARTY PRODUCTS THAT ACCESS DATA VIA THE API. THE FOREGOING EXCLUSIONS SHALL APPLY EVEN IF THE COMPANY AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING THE WEBSITE (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY USERS OR MEDIA AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY AND ITS LICENSORS, TO THE MAXIMUM EXTENT ALLOWABLE UNDER APPLICABLE LAW, FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, OR IN ANY WAY RELATED TO THE THIRD PARTIES AND TO THE MEDIA INTRODUCED TO YOU BY THE WEBSITE. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE OR PROVINCE, INCLUDING WITHOUT LIMITATION THE PROVINCE OF QUEBEC), WHICH READS AS FOLLOWS: ”A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”.
YOU UNDERSTAND THAT BY USING THE WEBSITE, YOU MAY BE EXPOSED TO MEDIA THAT IS POTENTIALLY OFFENSIVE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE WEBSITE AT YOUR OWN RISK.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE COMPANY’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
The Company may give notice by means of email to your email address on record in the Company’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in the Company’s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice, and address any complaint or claim to the Company (such notice, complaint or claim shall be deemed given when received by the Company) at any time by means of email to email@example.com
This Agreement may not be assigned by you (whether in whole or in part) without the prior written approval of the Company. This Agreement may be assigned without your consent (in whole or in part) by the Company, including, without limiting the foregoing, to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.
You agree that the Company, in its sole discretion and for any or no reason, may terminate any member or customer account (or any part thereof) you may have with the Company or your use of the Website, and remove and discard all or any part of your account or any of your Media, at any time. The Company may also in its sole discretion and at any time discontinue providing access to the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website or any account you may have or portion thereof may be effected without prior notice, and you agree that the Company shall not be liable to you. These remedies are in addition to any other remedies Company may have at law or in equity.
You may terminate this Agreement at any time by ceasing all use of the Website and requesting the Company to cancel your account (if any) via email sent to firstname.lastname@example.org.
No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of this Agreement or use of the Website. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of the Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. This Agreement comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
Questions? Get in touch with us.