PLEASE REVIEW THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
1. Description of Service
Mystic Explorers provides various services and products centered around meditation, spirituality, psychic studies, metaphysics, self-awareness and personal growth (collectively, the “Service”). The Site provides Users a platform to access digital content provided by our network of affiliates such as authors, resellers, and distributors. The Service allows Users to download pre-recorded spiritual teachings, classes and meditations in MP3 format.
Mystic Explorers may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. Mystic Explorers may also impose limits on certain features or restrict your access to parts or all of the Service without notice or liability.
Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including without limitation the release of new Mystic Explorers content, shall be subject to this Agreement.
2a. Membership for Certain Users
2b. Account, Password, Security
a) Password: You will receive a password and account designation upon completing our registration process. You are solely responsible for maintaining the confidentiality of the password and account, for all activities that occur under your password or account, and for any loss, cost or damage related thereto. You agree to (i) immediately notify Mystic Explorers of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session.
b) Information you provide us: You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form (such information being the “Membership Data”) and maintain and promptly update the Membership Data to keep it true, accurate, current and complete. If you do not, or Mystic Explorers has reasonable grounds to suspect that you have not, Mystic Explorers may suspend or terminate your account and refuse any and all current or future use of the Site.
3. Certain Fees for Membership
If you become a member, certain portions of your use of and access to the Site may be subject to payment of certain fee(s) to us. We offer different subscription packages for different fees as identified on our Site.
4a. Ownership Of Content
Unless otherwise noted, all information, text, images, illustrations, designs, graphics, icons, photographs, video clips, sound clips, and other materials that are part of this Site (collectively, the “Content”), are copyrighted works, trademarks, trade dress, or other intellectual properties owned, controlled, or licensed by Mystic Explorers (or used in accordance with “fair use” principles). The Site as a whole is protected by copyright and trade dress, all worldwide right, title and interest in and to which is owned by Mystic Explorers.
“MYSTIC EXPLORERS” is a trademark owned by Mystic Explorers. Other trade names and trademarks present on the Site either are owned by Mystic Explorers or appear with the permission of their respective owners.
4b. Limited License and Site Access
Mystic Explorers grants you a limited, revocable, non-exclusive, and non-tranferable license to access and make personal use of the Site and the Service solely to (a) access and use the Site and Service strictly in accordance with this Agreement; (b) use the Site for internal, personal, non-commercial purposes; and (c) print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein (the “Permitted Uses”).
We will make reasonable efforts to keep the Site operational. However, scheduled site maintenance, upgrading, as well as technical difficulties and other events beyond our control, may occasionally result in temporary interruption of the Site. You agree that we shall not be liable to you or to any third party for any direct or indirect consequences of any interruption or modification of the Site or the Service.
4c. Restrictions on Use
In addition to the other provisions in this Agreement, your license for access and use of the Site and the Service is subject to the following specific restrictions on use: You may not (a) copy, print (except for the express limited purpose permitted by “Limited License and Site Access” above), display, distribute, transmit, or otherwise make available in any form or by any means all or any portion of the Site, Content or other information related to Mystic Explorers that does not belong to you; (b) use the Site or any Content obtained from the Site to develop, or as a component of, any information storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including without limitation through sale, license, or subscription; (c) upload, access, link to, or in any way distribute any information or material that: (i) is defamatory, libelous, pornographic, threatening, or otherwise offensive or discriminatory; (ii) violates any law or regulation; (iii) violates any third party’s rights (including without limitation intellectual property rights or privacy rights); or (iv) is likely to disrupt or hinder use of the Site or the Service, such as a computer virus (and you are solely liable for any such activity); (d) alter the Site, the Service, or the Content (except for alterations of your personal Membership Data in accordance with this Agreement); (e) breach the security of the Site or the Service, including without limitation (i) accessing information not intended for you; (ii) testing security; (iii) disrupting any part of the Site or the Service; (iv) any use of data mining, robots, or similar data gathering and extraction tools; or (v) sending spam or any other unsolicited large-scale e-mails (such violations pose potential civil or criminal liability, and we reserve the right to investigate such matters through law enforcement); (f) violate any law, rule, regulation or treaty that applies to your use of the Site or the Service; (g) open an account if you are under 18 years or age; (h) use the Site in any way to annoy or harass other persons; (i) use any technique or device to frame or otherwise enclose any trademark or other proprietary information (including without limitation images, graphics, text, page layout, software, or form) (“Proprietary Information”) of Mystic Explorers or our affiliates without prior express written consent; (j) use any meta tags or any other “hidden text” utilizing our name or Proprietary Information without our prior express written consent.
This license includes permission for you to create a hyperlink to the homepage of Mystic Explorers so long as the link does not portray Mystic Explorers, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. However, you may not use any Mystic Explorers Proprietary Information as part of the link without our express written permission.
Any unauthorized use terminates your license. Without limiting our other remedies, your membership may be terminated immediately and you may be denied access to the Service at any time by Mystic Explorers if you breach this Agreement in any way.
4d. Content and the Service Are Strictly for Informational Purposes
We make available through the Site a variety of information regarding spiritual matters, such as meditations. This information is provided for your consideration. The interpretation of such information will vary from person to person, and you are solely responsible for your personal interpretation and use of this information. Information provided by our affiliates on the Site, whether as teachers, authors or other providers of Content, reflects the provider’s personal views and manner of expression, and not those of Mystic Explorers. The information provided through the Site is not intended to be advice to you, or to apply to all situations, or to serve as a substitute for professional guidance. For example, information contained on or made available through the Site regarding body-spirit communication is not intended to, and does not constitute, health advice or a substitute for the care from a doctor or other health professional. Similarly, the presence of particular Content posted on the Site by a User or a third party does not indicate our approval or endorsement of any such Content. We are not responsible for the content or practices of other users or third parties. We encourage you to become familiar with such Content and of such Users and third parties. Your use of the Service, information or Content on the Site, or materials linked to the Site, is entirely at your own risk. The Site, Service, Content and linked materials are subject to the “Disclaimer” contained in this Agreement.
4e. Intellectual Property
Mystic Explorers is the owner of all intellectual property rights, including without limitation all copyrights, patents, trademarks, and trade secrets associated with the Site and the Service, including without limitation all Proprietary Information, excluding Content provided by Users or third parties. You agree not to display or use any Mystic Explorers intellectual property without our prior written permission
5a. Downloading and Use of Content
You may download and copy the Content displayed on the Site solely for Permitted Uses, and provided that you do not remove any copyright or other proprietary notices contained on any Content or other materials. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as provided above), modify, publish, distribute, sell, or exploit in any way, in whole or in part, any of the Content, the Site, or any related software. Use of the Content or any related software which is not expressly permitted by these Terms constitutes a breach of the Agreement, and may also constitute a civil and/or criminal violation of copyright, trademark, or other law.
5b. Purchasing or Licensing Content
You agree to pay all fees as outlined on the Site during the enrollment process on the Account Summary page. You acknowledge that from time to time, Mystic Explorers may have different offers and prices for its various Services. The amount to be billed to you will be clearly outlined in the Terms on the Account Summary page. By clicking “submit” after reviewing this information, you signify your agreement to pay such fees. It is recommended that you print this page for your records.
5c. Use & Storage
You acknowledge that Mystic Explorers may establish general practices and limits concerning use of the Service. You agree that Mystic Explorers has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Mystic Explorers reserves the right to (i) log off accounts that are inactive for an extended period of time and (ii) to change these general practices and limits at any time, in its sole discretion, with or without notice.
a) Termination by either you or us: You may terminate this Agreement only in accordance with the process as outlined on the Site during the enrollment process on the Account Summary page. It is recommended that you print this page for your records. Mystic Explorers has the right to terminate this Agreement at any time for any reason upon notice via email to you.
b) Survival: Sections 4a, 4d, 4e, 5c, 6b, 7, 8a, 8b, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, and 21 of this Agreement shall remain in full force and effect following the termination of this Agreement. The termination of this Agreement shall not relieve you or Mystic Explorers of your respective obligations to make any payments with respect to the sale or other use of content in the periods prior to such termination in accordance with this Agreement.
7. User Submissions
With respect to any text, messages, photographs, video clips, sound clips, or other material you may provide to Mystic Explorers for posting on our electronic forums and bulletin boards (collectively, “Submissions”), such Submissions shall remain your property. You hereby unconditionally grant to Mystic Explorers a perpetual, non-exclusive, irrevocable fully paid and royalty-free license to use, reproduce, publicly perform and publicly display, the Submissions SOLELY IN CONNECTION WITH THE SITE. You acknowledge that any Submissions become public information.
Mystic Explorers does not endorse, sanction or verify, and specifically disclaims responsibility or liability for, any Submissions. Mystic Explorers has no obligation to respond to any Submissions, and we reserve the right, but undertake no duty, to review, edit, move, or delete, in our sole discretion and without notice, any material posted by Users on the Site. You represent, warrant and agree (i) that you are authorized to submit the Submissions you provide to us; and (ii) that all Submissions submitted by you to the Site do not and will not violate any rights of any third party, including, without limitation, copyright, trademark, privacy or other personal or proprietary right(s). You agree to keep a copy of any Submissions you provide, as Mystic Explorers shall have no obligation to return any Submissions to you.
8a. Complaints Regarding Perceived Infringement
We respect intellectual property rights, and we insist our Users to do the same. We will terminate registered Users and deny access to others who, in our sole discretion, infringe the intellectual property rights of others. In addition, Mystic Explorers will use commercially reasonable efforts to accommodate generally accepted technical measures used by copyright owners to identify and protect their copyrighted works, taking into account cost and the burden on our hardware, software, or administrative systems. If you believe that Content posted on our Site infringe your rights under copyright law in specific materials (collectively, a “Work”), please follow the procedure described below to notify us of your concerns or objections.
8b. Copyright Infringement Notification Procedure
The Digital Millennium Copyright Act of 1998 (the “DMCA”) gives recourse to copyright owners who believe material on the Internet infringes their rights under U.S. copyright law. If you have a good faith belief that material on the Site, the Service, or the Content infringes your copyright, you or your agent may send us a notice requesting that the material be removed or that or access to it be blocked (the “Notice”). The Notice must contain the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (2) a description of the copyrighted Work or other intellectual property that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Site; (4) your address, telephone number, and email address; (5) 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; and (6) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
If you believe in good faith that a notice of copyright infringement has been wrongly filed by us against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See www.loc.gov/copyright for details. You may wish to consult your legal adviser before filing a notice or counter-notice. Please be aware that there can be penalties for false claims under the DMCA.
Any Notice or counter-notices must be sent to Mystic Explorers at: Mystic Explorers Legal Department, P.O. Box 4058 Vallejo, CA 94590 email: copyright@MysticExplorers.com
Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.
9. Links To Third Party Web Sites and Materials
Mystic Explorers does not control the availability or content of any outside web sites, services, or resources to which this Site may link (collectively, a “Link”). Concerns regarding any Link should be directed to the particular outside service or resource. Mystic Explorers does not necessarily endorse, sanction, or verify Links (even if any logo or mark of Mystic Explorers’ is used as part of the link to this Site), and we provide Links merely for our Users’ convenience. Access to Links is at your own risk.
Likewise Mystic Explorers is not responsible for any third-party content, applications, services, products, advertisements, and/or links (collectively, “Third Party Materials”) that may be contained in the Site or the Service. Any correspondence, business dealings with, or participation in promotions of third parties found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. Mystic Explorers has no control over Third Party Materials, and as such, you acknowledge and agree that Mystic Explorers is not responsible for its availability, reliability, or functionality, and does not endorse and is not responsible or liable for any Third Party Materials. Mystic Explorers shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between you and any third parties, or as the result of the presence or failure of such Third Party Materials.
10. Representations & Warranties
You represent and warrant that you: a) Are at least 18 years of age and have full authority to enter into this Agreement and to fully perform your obligations hereunder. b) Shall not act in any manner which conflicts or interferes with any existing commitment or obligation of yours, and that no agreement previously entered into by you will interfere with your performance of your obligations under this Agreement. c) Shall perform in compliance with this Agreement and any applicable laws, rules and regulations of any governmental authority.
YOUR USE OF THE SITE, THE SERVICE, THE CONTENT, AND/OR ANY LINKED SITE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS TO THE MAXIMUM EXTENT PERMITTED BY LAW. MYSTIC EXPLORERS EXPRESSLY DISCLAIMS ALL LIABILITY AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. MYSTIC EXPLORERS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ADVICE OR INFORMATION, REGARDLESS OF THE FORM OR MEDIA IN WHICH IT IS TRANSMITTED, OBTAINED BY YOU FROM MYSTIC EXPLORERS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU UPLOAD INFORMATION ONTO THE SITE AT YOUR OWN RISK. WE ARE NOT RESPONSIBLE FOR LOST OR STOLEN INFORMATION THAT YOU HAVE STORED WITH US. ALSO, WE ARE NOT RESPONSIBLE FOR ANY STATEMENTS ON OUR SITE POSTED BY OTHER USERS, OR BY OUR AFFILIATES OR OTHER THIRD PARTIES, WHICH THEN MAY HARM YOU IN ANY WAY. WE CANNOT GUARANTEE THAT EVERY PERSON’S STATEMENTS ARE ACCURATE OR VALID. ANY STATEMENTS ON THJS SITE ARE A MATTER OF OPINION AND ARE NOT INTENDED AS PROFESSIONAL ADVICE.
You acknowledge that the complete privacy of your information transmitted while using the Site and Service cannot be guaranteed. Additionally, unauthorized alterations could be made by third parties to the Site, Service, or the Content. Although we attempt to maintain the integrity of the Site, we make no guarantees as to the Site’s completeness, correctness or absence of defects. In the event that a situation arises in which the Site’s completeness or correctness is in question, please contact us with information sufficient to enable us to investigate and to contact you. We will try to address your concerns as soon as reasonably practicable.
12. Limitation of Liability
NEITHER MYSTIC EXPLORERS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR, OR ANY OTHER PARTY’S, ACCESS TO, OR USE OF, THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, WE SHALL HAVE NO LIABILITY FOR:
• ANY LOSS OR FAILURE TO PERFORM OUR OBLIGATIONS DUE TO ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL;
• ANY ERRORS, OMISSIONS, INACCURACIES, DELAYS OR INTERRUPTIONS IN RESPECT OF THE CONTENT OR THE SERVICE; OR
• ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE UPON THE SITE CONTENT OR THE SERVICE.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, THE SERVICE, OR THE CONTENT AND/OR ANY LINKED SITE IS TO STOP USING THE SITE, SERVICE, CONTENT AND/OR LINKED SITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO US FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU TO US, IF ANY, TO ACCESS THE SITE OR THE SERVICE DURING THE THIRTY (30) DAYS PRIOR TO THE EVENT CAUSING YOUR DISSATISFACTION.
You hereby indemnify and hold harmless, and upon our request, defend, Mystic Explorers its affiliates (and their respective shareholders, directors, officers and employees) from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) arising out of any claim, action, or proceeding brought by a third party based on (i) your breach of this Agreement, (ii) your use of the Site or Service, or (iii) the use of the Service by any person using your password. We may participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval.
14. Site Access
This Site is controlled and operated by Mystic Explorers from its location in Vallejo, California. We make no representation that the Site or the Content is appropriate or available for use in locations outside the United States, and access to this Site from locations where the provision of such information may be illegal is prohibited. Users who determine to access this Site from such locations do so on their own initiative and are responsible for compliance with all applicable local laws.
We want to continually improve the Site and may, in our sole discretion, make improvements or other changes to the Site, the Service, Content, or this Agreement, without notice to you.
18. Access Privileges
Mystic Explorers may discontinue, change, or restrict your use of this Site for any reason without notice. Moreover, we reserve the sole and absolute discretion and right to deny, revoke, or otherwise restrict the access privileges of any User that at any time fails to comply with the Terms, including the right to block access from a particular Internet address to the Site.
19. Special Notice to California Users
Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
20. Miscellaneous Terms
This Agreement and our Privacy Notice is the entire agreement between you and Mystic Explorers and supercede all prior communications or agreements; provided that you may be subject to additional terms when you use affiliate services or Third Party Materials. This Agreement is governed by the laws of the State of California, U.S.A. (excluding its conflict of laws principles and, if applicable, the United Nations Convention on Contracts for the International Sale of Goods), with exclusive jurisdiction in Solano County, California. You may not use or export or re-export any element of the Site or the Service, or any copy or adaptation thereof, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations. This Agreement may not be assigned, nor may it be amended unless an officer of our company has approved and signed such an amendment in writing. You shall be solely responsible for providing all copyright notices and other legal notices in connection with Content and Materials you may post or upload and for determining parental advisory warning status. If any provision of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement will continue in full force and effect. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
21. Contact Us
You may contact us regarding this Agreement, or for any other reason, by e-mail as follows: support@MysticExplorers.com
Copyright © 2007-2015 Mystic Explorers. All rights reserved.