I. LICENSES AND RESTRICTIONS
V. RISK OF LOSS
VI. PRODUCT DESCRIPTION
VII. AGE OF USERS
VIII. TERMINATION OF USAGE
X. PASSWORD AND ACCOUNT SECURITY
XI. DIGITAL CONTENT
XII. INTERACTIVE COMMUNITY
XIV. DISCLAIMERS AND LIMITATION OF LIABILITY
XVI. APPLICABLE LAW; JURISDICTION
XVII. DISPUTE RESOLUTION
XVIII. DIGITAL MILLENNIUM COPYRIGHT ACT.
I. LICENSES AND RESTRICTIONS Konscious Mind grants the User a limited, nonexclusive, revocable license to access and make personal, non-commercial use (unless User has a business relationship with Konscious Mind.) of the contents of the KonsciousMind.com Site, which includes the Digital Content, as defined in Section XII (“Content”). Konscious Mind. further grants the User a limited, nonexclusive and revocable right to create a hyperlink to the KonsciousMind.com Site so long as the link does not portray Konscious Mind., its affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter as determined by Konscious Mind in its sole discretion. The foregoing licenses do not include any rights to:
- modify, download (other than page caching), reproduce, copy, or resell the KonsciousMind.com Site, the Content (other than Digital Content, as set out in Section XII below) or any portion or derivative thereof;
- commercially use the KonsciousMind.com Site, the Content or any portion derivative thereof (unless User has a business relationship with KonsciousMind.com);
- copy or download any User’s account or profile information for the benefit of any third party;
- enable high volume, automated, electronic processes that apply to the KonsciousMind.com Site or its systems, the Content or any portion or derivative thereof;
- use any robot, spider, data miner, crawler, scraper or other automated means to access or index the KonsciousMind.com Site or its systems, the Content or any portion or derivative thereof for any purpose;
- interfere or attempt to interfere with the proper working of the KonsciousMind.com Site; · bypass any KonsciousMind.com measures used to prevent or restrict access to any portion of the KonsciousMind.com Site, the Content or any portion or derivative thereof;
- frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the KonsciousMind.com Site;
- use Konscious Mind or KonsciousMind.com Site name, trademarks, services marks or logos in any meta tags or any other “hidden text” or · compile, repackage, disseminate or otherwise use data extracted from the KonsciousMind.com Site. The foregoing are expressly prohibited; the right to do any of the foregoing shall require express written consent (which may include a written agreement signed by an authorized representative of Konscious Mind). Any unauthorized use of the KonsciousMind.com Site, the Content or any portion or derivative thereof shall terminate any license or permission granted by Konscious Mind.
II. TRADEMARKS Konscious Mind, or their respective parents, subsidiaries, or affiliates, or third parties from whom Konscious Mind has permission, own the trademarks or service marks that are used on the KonsciousMind.com Site. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of Konscious Mind and its licensors may not be used without prior written consent of Konscious Mind or its licensor, as the case may be. Without limiting the foregoing, no Konscious Mind trademark or trade dress may be used in connection with any product or service that is not Konscious Mind’s, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits Konscious Mind.
III. CONTENT Proprietary Rights User acknowledges that the KonsciousMind.com Site contains Content, including Digital Content, as that term is defined in Section XII below, that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content, including Digital Content, is or may be copyrighted as a collective work under the U.S. copyright laws, and Konscious Mind owns a copyright in the selection, coordination, arrangement, and enhancement of such Content on the KonsciousMind.com Site. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any such Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, exclusive of Digital Content. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content. In addition to the foregoing, use of any software Content shall be governed by these terms and any software license agreement accompanying such software. Third-Party Content Konscious Mind is a distributor and not a publisher of Content, including Digital Content, as that term is defined in Section XII below, supplied by third parties and Users. Konscious Mind has no editorial control over such Content. Konscious Mind is not obligated to review Content, including Digital Content and User Created Content, as that term is defined in Section XII below. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content, including Digital Content and User Created Content, expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of Konscious Mind or any Konscious Mind Provider, unless expressly stated otherwise. Neither Konscious Mind nor any Konscious Mind Provider makes any representation, warranty or guarantee on the accuracy, completeness, or usefulness of any third party Content unless otherwise expressly stated. In many instances, the Content, including Digital Content and User Created Content, available through the KonsciousMind.com Site represents the opinions and judgments of the third party that provides such Content. Under no circumstance shall either Konscious Mind or any Konscious Mind Provider be liable for any loss, damage or harm caused by a User’s reliance on information obtained through the KonsciousMind.com Site. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of the information, opinion, advice, or Content, including Digital Content and User Created Content, available through the KonsciousMind.com Site.
IV. PRICES The price for an item on the KonsciousMind.com Site may differ from the price shown in a User’s shopping cart — it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on the KonsciousMind.com Site. If the price for the item on the KonsciousMind.com Site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of Konscious Mind, Konscious Mind may either
(i) contact the User for instructions before shipping the item or charging the User for such item;
(ii) cancel the order for such item and notify the User of such cancellation;
or (iii) ship the item at the incorrect price to the benefit of the User. Please note that this policy regarding prices applies only to items sold and shipped by Konscious Mind. Any purchases of Digital Content, as that Term is defined in Section XII below, or from any third-party sellers on the KonsciousMind.com Site may be subject to different policies in the event of an incorrectly priced item.
V. RISK OF LOSS With the exception of Digital Content, as that Term is defined in Section XII below, the risk of loss and title for all items purchased via the KonsciousMind.com Site pass to the User upon delivery of the item to the carrier.
VI. PRODUCT DESCRIPTION The items offered for sale on the KonsciousMind.com Site contain descriptions that are provided directly by the publisher, manufacturer or distributor of such item. Konscious Minddoes not represent or warrant that the descriptions of such items are accurate or complete. IF A USER PURCHASES AN ITEM FROM THE KONSCIOUSMIND.COM SITE THAT IS NOT AS DESCRIBED ON THE KONSCIOUSMIND.COM SITE, THE USER’S SOLE AND EXCLUSIVE REMEDY IS TO RETURN SUCH ITEM IN AN UNUSED CONDITION FOR A REFUND OF THE PURCHASE PRICE. VII. AGE OF USERS Our products and services are marketed for and directed towards purchase by adults or with the consent of adults. Individuals under the age of 18 (“Minors”) are not permitted to use Konscious Mind websites without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account or to post personal information on our websites. Should we learn that someone under the age of 13 has provided any personal information to or on any of the Konscious Mind. websites, we will remove that information as soon as possible.
In certain cases, in Konscious Mind’s sole discretion, Konscious Mind may provide written notice (a “Restriction Notice”) to a User (a “Restricted User”) to inform such Restricted User that
(i) his or her right to use or access any part of the KonsciousMind.com Site has been terminated including the right to use, access or create any account thereon;
(ii) that Konscious Mind refuses to provide any services to such Restricted User;
and (iii) any subsequent orders placed by a Restricted User will be subject to cancellation. Other conditions may apply and shall be set forth in the Restriction Notice.
X. PASSWORD AND ACCOUNT SECURITY Every User that has an account on the KonsciousMind.com Site is responsible for
(i) keeping his or her account password confidential and secured,
(ii) avoiding unauthorized access to such User’s computer;
and (iii) keeping the e-mail address associated with that account current (User acknowledges that it is important to keep the e-mail address associated with his or her account current because although the User may be able to log into his or her KonsciousMind.com account using an old e-mail address, such User will not receive messages from KonsciousMind.com about his or her orders and inquiries or other matters). User accepts full responsibility for all activities that occur within such User’s KonsciousMind.com account or within the KonsciousMind.com interactive community.
You may not
(i) modify, alter, duplicate, reproduce, copy, distribute copies of, disassemble, reverse engineer, emulate, decompile, or tamper with the Konscious Mind. Digital Content;
(ii) create derivative works from Digital Content;
(iii) use any robot, spider, data miner, crawler, scraper or other automated means to access or index the Digital Content or any portion thereof, including but not limited to any metadata associated with the Digital Content;
or (iv) rent, loan, lease, sublicense, transfer, network, reproduce, display, distribute, or otherwise make any of the Digital Content available to any third party.
XII. INTERACTIVE COMMUNITY The KonsciousMind.com Site offers numerous opportunities for interactive activities, which enable Users to communicate with each other directly, or which enable Users to post information and other material that will be visible to other Users of those services (“Interactive Community”). This Section XII, Interactive Community, applies to the activities of persons who are using interactive services on the Site (“Interactive Community Users”). The scope of these services may change from time to time, with or without notice. You are using Interactive Community
Interactive Community Users may upload to or otherwise submit to KonsciousMind.com for distribution on the KonsciousMind.com Site only
(i) User Created Content that is not subject to any copyright or other proprietary rights restrictions;
or (ii) User Created Content in which the owner or licensor has given express authorization for KonsciousMind.com to distribute over the Internet. You may not upload, embed, post, e-mail, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity.
Any copyrighted or other proprietary User Created Content distributed with the consent of a copyright owner should contain a phrase such as “Copyright, owned by [name of owner]; used by permission.” KonsciousMind.com is entitled to presume that all User Created Content conforms to the foregoing requirements. The unauthorized submission of copyrighted or other proprietary User Created Content is illegal and could subject the User to personal liability for damages in a civil suit as well as criminal prosecution. Interactive Community Users assume all liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from an unauthorized submission or submission of User Created Content. KonsciousMind.com assumes no liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from any User Created Content. By submitting User Created Content within the Interactive Community, Interactive Community Users automatically grant, or represent and warrant that the owner or authorized licensor of such User Created Content has expressly granted KonsciousMind.com, the royalty-free, perpetual, irrevocable, right and license to use, reproduce, publish, translate, sublicense, copy, modify, delete, enhance and distribute the User Created Content in whole or in part worldwide and/or to incorporate such User Created Content in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such User Created Content. Subject to this grant, the licensor of User Created Content submitted to KonsciousMind.com retains any and all rights which may exist in such User Created Content.
XIII. NOTICES User consents to receive electronic communications from KonsciousMind.com, whether addressed to the e-mail address associated with such User’s KonsciousMind.com account or posted on the KonsciousMind.com Site. User acknowledges and agrees that any communication via e-mail or by postings on this KonsciousMind.com Site satisfies any legal requirement that such communications be made in writing.
XIV. DISCLAIMERS AND LIMITATION OF LIABILITY KonsciousMind.com is not responsible for and makes no warranties, express or implied, as to any Content appearing on or accessed through the Site, including without limitation, any Digital Content and User Created Content or the accuracy and reliability of the Content, including Digital Content and User Created Content, posted on the KonsciousMind.com Site or through the KonsciousMind.com Services, whether caused by Users of the KonsciousMind.com Site or the KonsciousMind.com Services or by any of the equipment or programming associated with or utilized in the KonsciousMind.com Site or the KonsciousMind.com Services. Profiles and third party applications created and posted by Users on the KonsciousMind.com Site may contain links to other websites. KonsciousMind.com is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by KonsciousMind.com. Inclusion of any linked website on the KonsciousMind.com Services does not imply approval or endorsement of the linked website by KonsciousMind.com. When you access these third party sites, you do so at your own risk. KonsciousMind.com takes no responsibility for third party advertisements or third party applications that are posted on or through the KonsciousMind.com Site or the KonsciousMind.com Services, nor does it take any responsibility for the goods or services provided by its advertisers. KonsciousMind.com is not responsible for the conduct, whether online or offline, of any User of the KonsciousMind.com Site or the KonsciousMind.com Services. KonsciousMind.com 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, any User communication. KonsciousMind.com 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 any e-mail or players due to technical problems or traffic congestion on the Internet or on any of the KonsciousMind.com Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the KonsciousMind.com Site or Services. Under no circumstances shall KonsciousMind.com be responsible for any loss or damage, including personal injury or death, resulting from use of the KonsciousMind.com Site or Services, from any Content, including Digital Content and User Created Content, posted on or through the KonsciousMind.com Services, or from the conduct of any Users of the KonsciousMind.com Site or KonsciousMind.com Services, whether online or offline. The KonsciousMind.com Site is provided by KonsciousMind.com on an “as is” and “as available” basis. To the fullest extent
permissible by applicable law, each KonsciousMind.com provider disclaims all implied warranties, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing, neither KonsciousMind.com nor any KonsciousMind.com
Provider makes any representation or warranty of any kind, express or implied:
(i) as to the operation of the KonsciousMind.com Site, or the information, Content, including Digital Content and User Created Content and materials or products included thereon;
(ii) that the KonsciousMind.com Site will be uninterrupted or error-free;
(iii) as to the accuracy, reliability, or currency of any information, Content, including Digital Content and User Created Content, service, or merchandise provided through the KonsciousMind.com Site;
or (iv) that the KonsciousMind.com Site, its servers or e-mails sent from or on behalf of KonsciousMind.com are free of viruses, scripts, trojan horses, worms or other harmful components. KonsciousMind.com does not guarantee the continuous, uninterrupted or secure access to the KonsciousMind.com Site, or any related services. The operation of the KonsciousMind.com Site may be interfered with by numerous factors outside the control of KonsciousMind.com. Under no circumstances shall Konscious Mind or any KonsciousMind.com Provider be liable for any damages that result from the use of or inability to use the KonsciousMind.com Site, including but not limited to reliance by a User on any information obtained from the KonsciousMind.com Site or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to KonsciousMind.com’s records, programs, or services. User hereby acknowledges that this paragraph shall apply to all Content, including Digital Content and User Created Content, merchandise, and services available through the KonsciousMind.com Site. Neither Konscious Mind nor any KonsciousMind.com Provider will be liable for any indirect, incidental, special or consequential damages arising from the use of the KonsciousMind.com Site, or the purchase or download of any Content, including Digital Content, or product therefrom, even if Konscious Mind or any KonsciousMind.com Provider have 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 a User, some or all of the above disclaimers, exclusions, or limitations may not apply to such User, and such User may have additional rights.
XVIII. DIGITAL MILLENNIUM COPYRIGHT ACT. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by KonsciousMind.com, including Digital Content and User Created Content, infringe your copyright, you (or your agent) may send KonsciousMind.com a notice requesting that the material be removed or access to it blocked. The notice must include the following information
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works);
(c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow KonsciousMind.com to locate the material on the KonsciousMind.com Site;
(d) the name, address, telephone number and e-mail address (if available) of the complaining party;
(e) 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
(f) 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. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send KonsciousMind.com a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA;
see http://www.loc.gov/copyright for details. KonsciousMind.com suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.