The Site is for your personal and noncommercial use only. When you purchase Meditations2Go content from the Site, the Company grants you a limited, revocable, non-exclusive, non-transferable license to download or stream such content to your computer and/or your mobile device solely for your personal non-commercial use. You may not copy, reproduce, distribute or use such content in any other manner other than as specifically permitted by the Company. You may not sell, transfer, lease, modify, distribute or publicly perform such content in any manner and you may not exploit it commercially. You acquire no rights or licenses in or to the Site and materials contained therein other than the limited right to utilize the Site in accordance with these terms.
PROPRIETARY RIGHTS IN CONTENT ON WEB SITE
All content on the Site, and all products sold on the Site, including but not limited to design, text, graphics, articles, photographs, video, audio, organization, compilation, and the selection and arrangement of all of the foregoing (the “Company Content”), is the proprietary property of the Company or a third party and protected by copyright. All rights reserved. No Company Content may be modified, copied, distributed, framed, reproduced, republished, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission. You may not republish Company Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation. Any other use of the Company Content is strictly prohibited.
All trademarks, logos, trade dress and service marks on the Site are trademarks of the Company and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company, including without limitation MEDITATIONS2GO, MEDITATIONS THAT GO WITH YOU, and the Meditations2Go logos.
Meditations2Go® is a registered trademark of Planetwide Publishing, Inc.
This Agreement shall remain in full force and effect while you use the Site. The Company may terminate your account at any time, without warning. Upon termination of your account, the Company’s obligations to you shall cease. However, even after your account is terminated, this Agreement will remain in effect.
CREDIT CARD PAYMENTS
You hereby authorize the Company to charge all amounts owed to the Company hereunder, including but not limited to all amounts due for purchasing meditations or CDs or other products, to the credit card or payment account you provide to the Company. You shall additionally be responsible for and shall immediately pay the Company, on demand, any payments that are made to the Company that are subject to a subsequent reversal. Questions regarding charges must be brought to the attention of the Company within ninety days after the end of the questioned billing period. Charges beyond ninety days old are not subject to review. Once purchased by you, meditations, CDs and all other products are non-refundable.
You represent, warrant and agree that no materials of any kind submitted through your account will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You further agree that you may not use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site. In addition, you agree not to use the Site to:
Upload, post, email, transmit or otherwise make available any content that we deem to be patently offensive, harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;
Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; or
Upload, post, email, transmit or otherwise make available any material that contains software viruses, worms, “Trojan Horses,” or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
LINKS TO OTHER WEBSITES
The Site may contain links to other web sites. We are not responsible for the content, accuracy or opinions expressed in such third party web sites, and such web sites are in no way investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on or through the Site does not imply approval or endorsement of the linked web site by us. When you access these third-party sites, you do so at your own risk.
Meditations2Go audio meditations are intended to encourage relaxation and may promote sleep in you and/or any person within hearing. Never listen to or play these recordings when you and/or any person within hearing are operating a vehicle or engaged in any activity that requires alertness, or at any time when becoming drowsy or falling asleep may endanger you or others. All content on the Site and in the Meditations2Go CDs and MP3 downloads, including text, articles, and audio recordings, is for general information purposes only, and is not intended to substitute for informed professional medical, psychiatric, psychological, or other professional advice. Under no circumstances will the Company be liable for any loss or damage caused by any person’s use of materials or information obtained through the Site or from the Company. It is the responsibility of the user to evaluate the completeness or usefulness of any information, opinion, advice or other content available from the Company.
The Site may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, materials on the Site. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Site. THE SITE IS PROVIDED “AS-IS, AS-AVAILABLE” AND THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE OR ANY OF THE MEDITATIONS2GO CONTENT.
LIMITATION OF LIABILITY
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
GOVERNING LAW AND VENUE
The parties agree that this Agreement shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions, and the parties agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of Los Angeles. Either the Company or you may demand that any dispute between the Company and you about or involving the Company must be settled by arbitration utilizing the dispute resolution procedures of the ADR Services in Los Angeles, California, USA, provided that the foregoing shall not prevent the Company from seeking injunctive relief in a court of competent jurisdiction.
You agree to indemnify and hold the Company, its subsidiaries, and affiliates, and their respective officers, agents, partners, employees, successors and assigns (each an “Indemnitee”) harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. In the event you fail to promptly indemnify and defend such claims and/or pay the expenses of such Indemnitee, as provided above, such Indemnitee shall have the right to defend itself, and in that case, you shall reimburse such Indemnitee for all of its reasonable attorney’s fees, costs and damages incurred in settling or defending such claims within thirty (30) days of each of such Indemnitee’s written requests.