Effective as of September 25, 2017.
We may update the content offered via the Services from time to time, but any such content is not necessarily complete or up-to-date. Any of the material offered via the Services may be out of date at any given time, and we are under no obligation to update such material. We reserve the right to withdraw or amend the Services, and any materials we provide via the Services, in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Services to users, including, but not limited to, any registered users.
Access to the Services and Termination
If you choose, or are provided with, a user name, password or any other piece of information to access the Services (or part thereof) or other security procedures, you must treat any and all such information as confidential, and you must not disclose it to any other person or entity. You acknowledge that your access and/or account for the Services, or any feature or other aspect thereof, is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password, account or other security information regarding the Services. You agree to notify us immediately of any unauthorized access to or use of your user name or password, account, or access to the Services, or any other breach of security regarding the Services. You also agree to ensure that you exit from the Services and/or your account at the end of each session. You should use particular caution when accessing the Services from a public or shared computer so that others are not able to view or record your password(s) or other information (including, but not limited to, your personal information).
Intellectual Property Rights
As between you and Company, Company or its licensors own(s) or has the sole and exclusive right to use, all right, title and interest in and to the Services and all content contained and/or made available on, through or in connection therewith, other than User Contributions (collectively, the “Company Content”), together with all copyrights, trademarks, service marks, trade names, trade dress, patent rights, database rights and/or other intellectual property and/or proprietary rights appurtenant thereto, which are protected by Applicable Law. The term “Company Content” includes, but is not limited to, all video, audio, artwork, photographs, illustrations, graphics, logos, copy, lyrics, text, computer code, data, user interfaces, visual interfaces, information, materials, and all copyrightable or otherwise legally protectable elements of the Services, including, but not limited to, the design, selection, sequence, look and feel, and arrangement of the Services. Unless the context clearly requires otherwise or we explicitly set forth in writing, the term “Services” includes “Company Content.” Company’s names, and any and all related names, logos, product, branding and service names, designs and slogans are trademarks and/or other intellectual property of Company and/or the Company Parties (as defined below) (collectively, the “Company Marks”). You must not use the Company Content or any Company Marks without the prior written permission of Company or a Company Party (as defined below) in each instance.
IF YOU OR ANYONE USING YOUR ACCOUNT PURCHASE A PRODUCT OR SERVICE MADE AVAILABLE VIA THE SERVICES (EACH SUCH PURCHASE, A “TRANSACTION”), YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) AND/OR ANY OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION OR PAYMENT SERVICE(S) AND YOU AGREE TO PAY ALL CHARGES THAT MAY BE INCURRED BY YOU OR ON YOUR BEHALF THROUGH OR VIA THE SERVICES, AT THE PRICE(S) THEN-CURRENTLY IN EFFECT WHEN ANY SUCH CHARGES ARE INCURRED INCLUDING, BUT NOT LIMITED TO, ANY AND ALL SHIPPING AND HANDLING CHARGES AND APPLICABLE TAXES. Verification of your information may be required prior to the acknowledgment or completion of any Transaction. If payment is not received by us or any of our designated agents from your credit, debit or charge card issuer or its agents or other payment service provider, you agree to promptly pay all amounts due upon demand by us or any of our designated agents. For the avoidance of doubt, you are responsible for any taxes that may be applicable to your Transactions and we may be required by Applicable Law to collect sales tax on orders shipped to certain states, so if your order is shipping to any such states, the appropriate charges will be added to your merchandise total and displayed on your final order confirmation. We reserve the right to collect sales tax in any other jurisdictions if we believe that such collection is required by Applicable Law. The prices displayed via the Services are quoted in U.S. dollars, unless otherwise indicated. We do not guarantee that any product descriptions or other content or product(s) will be available, accurate, complete, reliable, current or error-free. Descriptions and images of, and references to, products or services do not imply our or any of our affiliates’ endorsement of such products or services. All orders placed through the Services are subject to our acceptance and we may refuse to accept or may cancel any order, whether or not the order has been confirmed, to change product descriptions, images, and references; to limit the available quantity of any product; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; and/or to bar you from conducting any or all Transaction(s), all for any reason or for no reason, and without liability to you or anyone else.
Disclaimer for Information Posted
The information presented on or via the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We expressly disclaim any and all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Services, or by anyone who may be informed of any of the information, content or any other material in connection with the Services. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice, materials or content available via the Services. The relationship between you and the Services is not a priest-penitent, physician-patient or psychotherapist-patient relationship, or any similar relationship. The content accessed via the Services is not intended to be the practice of medicine, including, but not limited to, psychology, psychiatry, or psychotherapy, or providing health care or nutrition advice or instruction for diagnosis or treatment. Company does not recommend the self-management of health or mental health problems. You should never delay in seeking treatment, or disregard medical advice, because of something you have read on the Services.
The Services may include content provided by third parties, including, but not limited to, any materials provided by other users, bloggers and third party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Company, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Company and, irrespective of whether or not such materials are available via the Services, we do not endorse any such third-party materials and we are not responsible or liable, to you or to any third party, for any content or the accuracy of any materials provided by any third parties or any actions of such third parties.
- To violate any Applicable Law.
- For any purposes of exploiting, harming or attempting to exploit or harm any person in any way (including, but not limited to, any minors by exposing them to inappropriate content), asking for personal information, or otherwise.
- To transmit, or facilitate the sending of, any advertising, marketing or promotional material, including any “junk mail,” “chain letter” or “spam,” or any other similar solicitation or communication.
- To impersonate or attempt to impersonate Company, a Company employee or Company designated representative, another user or any other person or entity (including, but not limited to, by using e-mail addresses or user names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as solely determined by us, may harm Company, or users of the Services, or expose anyone to liability.
- In any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
- To use any robot or bot, spider or other automatic software, technology, device, process or means to access the Services for any purpose, including, but not limited to, monitoring or copying any of the content or any other material or technology offered via the Services.
- To use any manual process to monitor or copy any of the content or any other material or technology offered via the Services, or for any other unauthorized purpose without our prior written consent.
- To use any device, software, technology or routine that interferes with the proper working, offering or availability of the Services.
- To introduce any virus, trojan horse, worm, logic bomb or any other software, technology or other material which is malicious or technologically harmful or otherwise attempts to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server(s) via which the Services is stored, or any server, software, technology, computer or database in connection with the Services.
- To attack the Services via a denial-of-service attack or a distributed denial-of-service attack or similar mechanism.
- To otherwise attempt to interfere with the operation, offering or availability of the Services.
Monitoring and Enforcement
- Remove or refuse to post any User Contributions for any reason or for no reason, in our sole discretion.
- Disclose your identity or other information about you to any third-party who claims that material posted by you violates any of their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including, but not limited to, referral to law enforcement, for any illegal or unauthorized use of the Services.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS COMPANY AND THE COMPANY PARTIES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Please note that we do not undertake to review all material before it is posted via the Services, and we cannot ensure prompt removal of any objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, content or any other material provided by any user or third-party. We have no liability or responsibility to anyone for performance or non-performance of the monitoring and enforcement activities described in this section.
If you are a copyright owner or an agent thereof and believe that any content on the Services infringes upon your copyright(s), you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Agent (as defined below) with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by a single notification, a representative list of such works on the Services;
- 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;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if applicable, e-mail address;
- A statement that you have 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
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Written notification of claimed infringement must be submitted to the following designated agent (“Designated Agent”):
Company’s Designated Agent: Copyright Agent, LightWorkers Media OTT, LLC, 100 Corporate Pointe, Suite 100, Culver City, CA 90230 or DMCA@lightworkers.com or 310-903-5400.
If your content was removed (or access thereto was disabled) and you believe that such content is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to Applicable Law, to make such content available to us for use on the Services, you may send a counter-notice containing the following information to our Designated Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content; and
- Your name, address, telephone number, and, if applicable, e-mail address, and a statement that you shall accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or the user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Information About You and Your Access to and/or Use of the Services
Additional Terms and Conditions
Third Party Services and Your Responsibility
The Services may contain features or functionalities including, but not limited to, comment sections, profiles, forums, videos, and other interactive features that allow users to post, submit, publish, display or transmit to other users of the Services or other users of Third Party Services (hereinafter, “post”) certain content or materials (collectively, “User Contribution(s)”) via the Services. By posting any User Contribution via the Services, you grant the Company Parties the irrevocable, worldwide, perpetual, transferable, sub-licensable, fully paid up and royalty-free right to use, reproduce, modify, translate, create derivative works of, perform, display, distribute, transmit, broadcast, exploit and otherwise disclose to third parties any such material, together with all metadata and information related thereto, in whole or in part, for any purpose, including, but not limited to, any commercial and promotional purposes, without any accounting, notification, credit, obligation, compensation to (or consent from) you, in any form or format, on or through any media or medium and with any technology or devices now known or hereafter developed or discovered.
Company does not acquire any title or ownership rights in the User Contributions that you post. After you post any User Contributions, you continue to retain any such rights that you may have in such User Contributions, subject to the rights, licenses and privileges granted to the Company Parties herein. You represent and warrant that (a) you own or control all rights in and to the User Contributions and that you have the right to grant the license granted above to the Company Parties and (b) you will not post any content or any other material that:
- Contains any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable or in our sole discretion, or which does not align with our mission, brand or purpose(s).
- Promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringes any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person or party.
- Promotes any illegal activity, or advocates, promotes or assists any unlawful act.
- Causes annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, harass, alarm or annoy any other person or party.
- Impersonates any person or party, or misrepresents your identity or affiliation with any person or organization or is otherwise intended or likely to deceive any person.
- Involves commercial activities or sales, such as contests, sweepstakes and other sales promotions, marketing, barter or advertising.
- Gives the impression that they are from, are in connection with, or are endorsed by us or any other person or entity, if this is not the case.
You understand and acknowledge that you are responsible for any User Contributions you post, and that you, not Company, assume full responsibility for any and all such User Contributions, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third-party, for the content or accuracy of any User Contributions posted by you or any other user of the Services.
Shareable and Embeddable Content
The owner of the Services is based in the U.S. We provide the Services for use only by persons located in the U.S. We make no claims that the Services or any content or materials available via the Services is accessible or appropriate outside of the U.S. Access to the Services may not be legal by certain persons or in certain countries.
Disclaimer of Warranties
YOUR USE OF THE SERVICES AND ANY CONTENT OR ITEMS OBTAINED OR ACCESSED VIA THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE SITE, CONTENT (EXCLUDING YOUR USER CONTRIBUTIONS), TECHNOLOGY, SOFTWARE AND/OR OTHER ITEMS OBTAINED OR ACCESSED VIA THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANY COMPANY PARTY (AS DEFINED BELOW) REPRESENTS OR WARRANTS THAT THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE SITE, CONTENT, TECHNOLOGY, SOFTWARE AND/OR OTHER ITEMS OBTAINED OR ACCESSED VIA THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES (INCLUDING, BUT NOT LIMITED TO, OUR SITE OR THE SERVER OR OTHER MEANS THAT MAKES IT AVAILABLE) ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY INFORMATION OR CONTENT OR ANY OTHER MATERIALS OR ITEMS OBTAINED OR ACCESSED VIA THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
EACH OF COMPANY AND EACH COMPANY PARTY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT SAFEGUARDS, PROCEDURES AND CHECKPOINTS TO SATISFY YOUR SPECIFIC REQUIREMENTS FOR ANTI-VIRUS PROTECTION, FOR ANY AND ALL ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SERVICES FOR ANY RECONSTRUCTION OF ANY LOST DATA. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAM(S), DEVICE(S), DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR INFORMATION, CONTENT, MATERIALS, ADVICE OR OTHER ITEMS OBTAINED OR ACCESSED VIA THE SERVICES, OR DUE TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICES, OR ON ANY SITE(S) OR SERVICE(S) LINKED TO THE SERVICES.
Limitation on Liability
IN NO EVENT WILL COMPANY OR ANY COMPANY PARTY BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY SITES OR ANY SERVICES LINKED TO THE SERVICES, ANY INFORMATION, CONTENT, TECHNOLOGY, MATERIALS, OR ANY OTHER ITEM(S) OFFERED VIA THE SERVICES OR VIA SUCH OTHER SITES, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, AND INCLUDING, BUT NOT LIMITED TO, ANY PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IF THE LIMITATIONS AND EXCLUSIONS ON LIABILITY CONTAINED HEREIN ARE NOT PERMITTED, THEN THE COMPANY PARTIES’ LIABILITY SHALL BE LIMITED AND EXCLUDED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Any claim or controversy arising out of or relating to your use of the Services (including the Site, and the arbitrability of any claim or controversy) shall be resolved by binding arbitration in accordance with the Federal Arbitration Act. The parties waive their rights to file suit in court to assert any allegation, claim, or cause of action against the other, or to have a jury trial on any allegation, claim, or cause of action, and any right to do so (including the right to a jury trial) is hereby waived. Notwithstanding the foregoing, you and Company retain the right to seek remedies in small claims court for disputes or claims within that court’s jurisdiction, and Company retains the right to apply to a court of competent jurisdiction for provisional or conservatory relief, including pre-arbitral attachments or injunctions, and to adjudicate disputes relating to the infringement or misappropriation of intellectual property.
Any claim or controversy arising out of or relating to your use of the Services (including the Site) or this Arbitration Agreement shall be governed by the procedural and substantive laws of the State of California, without reference to choice-of-law rules and must be commenced within two (2) years after such claim or controversy arose. The arbitration will be administered by JAMS pursuant to its Streamlined Arbitration Rules & Procedures then in effect. The arbitration shall be presided over by a single arbitrator in Los Angeles County, California. In the event this venue will cause undue hardship to you, then, the discretion of the arbitrator, the arbitration will be conducted solely on the basis of documents submitted, with the parties participating through telephonic or video conference hearings, or at a location reasonably convenient to the parties in the state in which you reside at the time the arbitration is commenced, provided that it is within the continental U.S. To the extent that any of the foregoing provisions are inconsistent with JAMS applicable standards then in effect, such JAMS rules shall apply.
Claims subject to this Arbitration Agreement may not be arbitrated on a class or representative basis and you will not be able to participate in an arbitration as a representative or member of any class of claimants pertaining to that claim.
All aspects of the arbitration and award shall be confidential, except to the extent disclosure is necessary in connection with an application to a court for a preliminary or permanent injunction, a petition to confirm or vacate an award, to obtain legal or other professional advice necessary for the protection of a party’s rights, or as required by law or judicial decision.
Subject to you demonstrating that the costs of arbitration will be prohibitive as compared to the costs of litigation, Company will pay as much of the fees charged to you by JAMS as the arbitrator deems necessary to prevent the arbitration from being cost prohibitive to you.
The arbitrator will not have authority to award punitive or exemplary damages, and the parties waive any right to recover such damages. As part of the award, the prevailing party shall be awarded its costs, including arbitration fees, expert witness fees, if any, and reasonable attorney’s fees.
THE FOREGOING PROVISIONS LIMIT CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE JAMS RULES AND THESE DISPUTE RESOLUTION TERMS, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF; PROVIDED THAT NOTHING HEREIN WILL RESTRAIN A CALIFORNIA RESIDENT’S RIGHT, IF ANY, TO SEEK PUBLIC INJUNCTIVE RELIEF AS PERMITTED BY LAW. OTHER RIGHTS THAT YOU WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Class Action Waiver
Both you and Company waive the right to bring any controversy, claim or dispute ARISING OUT OF OR RELATING in any way to your use of the Services, or TO ANY purchases MADE through the SERVICES, as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any such claim brought by anyone else.
Waiver and Severability
Your Comments and Concerns
All feedback, comments, requests for technical support and other communications relating to the Services should be directed to: TermsofUseQuestions@Lightworkers.com.
Thank you for visiting the Services.