TERMS OF USE
This Terms of Use Agreement (this “Agreement”) is a legal agreement between you (“you” or “your”) and Heartfulness Institute, a Texas nonprofit corporation, its affiliates, and each of their respective successors and assigns (collectively, the “Institute”) governing your use of any service (the “Service”) provided by the Institute for discovering and watching motion pictures, television and other audio-visual entertainment (collectively, the “Content”) through any web browser or mobile device (your “Device”).
BY ACCESSING THE CONTENT OR OTHERWISE USING THE SERVICE, YOU ARE AGREEING THAT YOU HAVE READ, AND AGREE TO COMPLY WITH AND BE BOUND BY, THE TERMS OF THIS AGREEMENT IN THEIR ENTIRETY WITHOUT LIMITATION OR QUALIFICATION AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT ACCESS THE CONTENT OR USE THE SERVICE.
1. Service
Subject to your payment for the Service and compliance with the terms and conditions of this Agreement in their entirety, the Institute will provide you with a month-to-month subscription to the Service.
2. License Grant
During the term of your subscription, the Institute grants you a limited, non-exclusive, non-transferable, license to access the Service and view Content through a web browser on a streaming-only basis, and a mobile device on a streaming and download basis, for your personal and non-commercial use only. Except for the foregoing limited license, no right, title or interest shall be transferred to you.
3. Billing
As a subscriber to the Service, you must have Internet access and provide the Institute with a current, valid credit card (the “Payment Method”). By using the Service or designating a Payment Method, you authorize the Institute to charge a monthly subscription fee and any other charges you may incur in connection with your use of the Service to your Payment Method. The Institute reserves the right to adjust pricing for the Service in any manner and at any time as it may determine in its sole and absolute discretion, and any price changes to the Service will take effect following notice to you. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR ANY REASON. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account, you remain responsible for any uncollected amounts and authorize the Institute to continue billing the Payment Method, as it may be updated.
4. Billing Cycle
You will receive either a monthly or annual subscription for the Service. In either case, the subscription fee will be payable monthly after the date you start your subscription unless and until you cancel your subscription. The Institute will automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your subscription. Subscription fees are fully earned upon payment. The Institute reserves the right to change the timing of its billing, in particular, as indicated below, if your Payment Method has not successfully settled.
5. Cancellation
You may cancel your subscription at any time, and you will continue to have access to the Service through the end of your monthly billing period. If you cancel your subscription, your account will automatically close at the end of your current billing period.
6. Service Restrictions
You may stream Content through a web browser or mobile application. In addition, you may download Content through the mobile application, and only through the mobile application. You may not access or use the Content or the Service other than in the manner set forth above. In addition, by using the Service, you agree:
a. not to license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, grant a security interest in, or otherwise transfer any rights to, or commercially exploit, the Service or any Content made available to you in the course of using the Service;
b. not to republish, upload, post, transmit or distribute all or any portion of the Service or the Content in any way;
c. not to disrupt or interfere with the security of, or otherwise abuse, the Service, or any services, system resources, accounts, servers or networks connected to or accessible through the Service;
d. not to knowingly or negligently permit other individuals or entities to use or copy the Service, or create Internet “links” to the Service or “frame” or “mirror” the Service on any other server or wireless or Internet-based device;
e. not to access the Service to (i) build a competitive product or service, (ii) build a product using similar ideas, features, functions or graphics of the Service, (iii) copy any ideas, features, functions or graphics of the Service, (iv) monitor its availability, performance or functionality, or (v) for any other benchmarking or competitive purposes;
f. not access the Service if you sell or provide any service, software, or product that may compete with the Institute’s services, software, or products (a “Competitor”);
g. not to disrupt or interfere with any other user’s enjoyment of the Service or affiliated or linked websites;
h. not to restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Service (except for tools for safety and security functions), including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others’ ability to use, send, or retrieve information;
i. not to use or attempt to use another user’s account, service or system without authorization from the Institute, or create or use a false identity on this Service;
j. not to transmit through or on this Service spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings;
k. not to attempt to probe, scan or test the vulnerability of a system, account or network of the Institute or any of its customers or suppliers, any Institute product or service, or those of any other party;
l. not to divulge your username and password, if applicable, to others either on or off the Service;
m. not to attempt to obtain unauthorized access to the Service or portions of the Service which are restricted from general access; and,
n. not to restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Service or any Institute host, server, backbone network, node or service, or otherwise cause a performance degradation to any of the Institute’s facilities used to deliver services through the Service;
o. not use this Service to seek, provide or obtain specific medical advice, medical opinion, diagnosis or treatment as applied to a patient’s particular condition or situation; and
p. not to attempt to use or gain unauthorized access to data, accounts, hosts, systems or networks of the Institute or any of its customers or suppliers, or those of any other party; breach the security of another user or system, or attempt to circumvent the user authentication or security of any host, network, or account, including, without limitation, accessing data not intended for you or logging into or making use of a server or account you are not expressly authorized to access.
In addition, you agree that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on this Service. This Service is controlled and operated in the United States. If you are in a jurisdiction which restricts you from accessing this Service, do not access or use this Service. The Institute makes no representation that the Service is appropriate or available for use outside the United States.
7. Privacy
By subscribing to the Service, you agree that the Institute may collect certain personal information from you, such as your name, address, email address and other information that you submit to the Institute. While the Institute will use commercially reasonable efforts to protect the privacy of your information, such privacy cannot be guaranteed. The Institute reserves the right to use your information for its own internal use, to use your information in connection with the Institute’s advertising and marketing programs, and to distribute your information to the Institute’s trainers. Notwithstanding the foregoing, the Institute will not provide your information to any third party for the purpose of marketing or selling products or services to you.
8. Intellectual Property Ownership
All right, title and interest in the Service and the Content, including all copyrights, patents, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to the Institute or its licensors, and you shall have no rights whatsoever in any of the foregoing. Nothing in this Agreement or otherwise will be deemed to grant to you an ownership interest in the Service or the Content, in whole or in part. All content and materials included as part of the Service, such as text, graphics, logos, button icons, images, audio clips, information, data, forms, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, and software (the “Works”) are the property of the Institute or its content suppliers and is protected by copyrights, trademarks, or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Works are copyrighted as individual works and as a collective work under the U.S. copyright laws (17 U.S.C. Section 101, et. seq.) and international treaty provisions, and the Institute owns a copyright in the selection, coordination, arrangement and enhancement thereof. You may not modify, remove, delete, augment, add to, publish, transmit, adapt, translate, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Works, in whole or in part. Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, adaptations, translation, republication, display, or performance, of the Works, except as specifically permitted herein, is strictly prohibited.
The HEARTTOHEART.tv name, logo and the related names, design marks, product names, feature names and related logos (collectively, the “Marks”) are trademarks of Sahaj Marg Spirituality Foundation, Inc, a Texas nonprofit corporation, and are used by the Institute under license. The Marks may not be used, copied or imitated, in whole or in part, without the express prior written consent SMSF. In addition, the look and feel of the Service (including all page headers, custom graphics, button icons, and scripts) constitutes the service mark, trademark and/or trade dress of the Institute and may not be copied imitated or used, in whole or in part, without the express prior written consent of the Institute.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, (A) THE CONTENT AND THE SERVICE ARE PROVIDED “AS-IS” AND “WITH ALL FAULTS”, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE INSTITUTE, INCLUDING ITS AFFILIATES, SUBSIDIARIES, LICENSORS, SUBCONTRACTORS, DISTRIBUTORS, SERVICES PARTNERS, AGENTS AND MARKETING PARTNERS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS AND OFFICERS (COLLECTIVELY, THE “INSTITUTE PARTIES”) DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SERVICE AND THE CONTENT; (B) NEITHER THE INSTITUTE NOR ANY OF THE INSTITUTE PARTIES WARRANTS THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR PRODUCE ANY SPECIFIC RESULTS; (C) THE INSTITUTE AND THE INSTITUTE PARTIES, JOINTLY AND SEVERALLY, DISCLAIM AND MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE SUITABILITY OR EFFECTIVENESS OF THE SERVICE OR THE CONTENT, AND (D) USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND NEITHER THE INSTITUTE NOR ANY OF THE INSTITUTE PARTIES SHALL HAVE ANY LIABILITY OR RESPONSIBILITY THEREFOR.
11. Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT WHATSOEVER SHALL THE INSTITUTE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST TIME OR GOOD WILL, EVEN IF THE INSTITUTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. THE INSTITUTE SHALL NOT BE LIABLE FOR ANY CLAIMS AGAINST YOU BY THIRD PARTIES. YOU ACKNOWLEDGE THAT THESE LIMITATIONS OF LIABILITY SHALL APPLY EVEN IF THE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.
12. Copyright Infringement
The Institute respects the intellectual property rights of others, and requires that the people who use the Service do the same. It is the Institute’s policy to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible through the Service in a way that constitutes copyright infringement, you may notify the Institute by providing its copyright agent with the following information in writing:
• The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
• Identification of the copyrighted work that you claim has been infringed;
• Identification of the material that is claimed to be infringing and information reasonably sufficient to permit the Institute to locate the material;
• Your name, address, telephone number, and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement made under penalty of perjury that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
• If the Institute receive such a claim, the Institute reservse the right to refuse or delete material as described under these terms.
Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 (“DMCA”) is:
Heartfulness Institute
Naren Kini
naren.kini@heartfulnessinstitute.org
Attn: Copyright Infringement
After receiving a claim of infringement, the Institute will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, the Institute will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. The Institute will take reasonable steps promptly to notify the user that it has removed or disabled access to such material.
Upon receipt of a proper counter notification under the DMCA, the Institute will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification and inform that person that the Institute will replace the removed material or cease disabling access to it in 10 business days. Unless the Institute’s designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on the Service, the Institute will replace the removed material and cease disabling access to it.
You may provide the Institute with a counter notification by providing the Institute’s copyright agent the following information in writing:
• Your physical or electronic signature;
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
• A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
• Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which the Institute may be found and that you will accept service of process from the person who provided the initial notification of infringement.
13. Modification to Terms
The Institute reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement through the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.
14. Our Policy Concerning Children
The Service is not intended for use by children. USERS UNDER 18 YEARS SHOULD NOT USE THE SERVICE OR ACCESS THE CONTENT. Adults should not assist unauthorized children to use the Service or access the Content . The Institute will not knowingly collect, use or disclose personally identifiable information about visitors under 18 years of age.
15. General
a. This Agreement shall be governed by Texas law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement, the Service or the Content, with the exception of claims for injunctive relief, shall be subject to the exclusive jurisdiction of the state and federal courts located Austin, Texas.
b. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provisions shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provisions, with all other provisions remaining in full force and effect.
c. No joint venture, partnership, employment, or agency relationship exists between you and the Institute as a result of this agreement or use of the Service. The failure of the Institute 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 Institute in writing.
d. If you have not entered into another agreement with the Institute regarding the subject matter contained herein, then this Agreement comprises the entire agreement between you and the Institute and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding such subject matter. However, if you and the Institute have entered into another agreement regarding the subject matter set forth herein that is a written and signed agreement between you and the Institute, then this Agreement should be read and interpreted in conjunction with such agreement and, in the event of conflict between this Agreement and a written, signed agreement between the parties, the written, signed agreement shall govern and control.