Membership Subscription Licence Terms
Overview
Access to and use of the Energy Therapy website, features and services contained therein (“EnergyTherapy.biz Site”) is subject to and governed by the policies, terms and conditions set forth herein. Your access to and use of the Energy Therapy membership subscription service, is subject to the terms and conditions contained herein. You should carefully read and review the notices, disclaimers, limitations, terms, provisions and conditions set forth herein. Your use and access to the EnergyTherapy.biz Site indicates your acceptance of these Subscription Terms and Conditions (“Terms and Conditions”). These Terms and Conditions shall supersede any prior terms or conditions. Energy Therapy reserves the right to make changes to this service and any content related thereto and these Terms and Conditions at any time and without notice. Energy Therapy reserves the right to make product information and pricing changes without notice. Energy Therapy assumes no liability for the use of any content or information posted on the EnergyTherapy.biz Site or your download and use of any content therefrom. Energy Therapy reserves the right to refuse service, deny access, terminate accounts, and/or cancel orders for any reason in its sole discretion, including without limitation, if Energy Therapy believes that customer conduct violates these Terms and Conditions, any applicable law or is harmful to the interests of Energy Therapy.
Access
In order to place orders and/or download any content, you must enter your login credentials. You agree to safeguard your login credentials and refrain from disclosing your login credentials to any third party. Any unauthorised disclosure by you of your login credentials shall be deemed a violation of these Terms and Conditions and will result, at Energy Therapy’s option, in immediate termination of your access to the EnergyTherapy.biz Site. The EnergyTherapy.biz Site is owned and operated by Energy Therapy. Unless otherwise specified, all materials appearing on the EnergyTherapy.biz Site, including text, site design, logos, graphics, icons, trademarks, tradenames, layouts, servicemarks, artwork, illustrations, depictions and images, as well as the selection, assembly and arrangement thereof, are the sole property of Energy Therapy, Copyright © 2018. ALL WORLDWIDE RIGHTS RESERVED. All software and content used on the EnergyTherapy.biz Site is the sole property of Energy Therapy or those vendors supplying the software and content. Content is not to be resold or used for any other purpose except as expressly permitted herein. No materials from the Energy Therapy Site may be copied, reproduced, modified, republished, uploaded posted, transmitted, or distributed in any form or by any means without Energy Therapy's prior written permission or except as specifically permitted herein. All rights not expressly granted herein are reserved. Any unauthorised use of materials appearing on the EnergyTherapy.biz Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. All custom graphics, icons, logos and service names are trademarks or service marks of Energy Therapy or its third party suppliers. The use of any Energy Therapy trademark or service mark without Energy Therapy’s express written consent is strictly prohibited.
Subscription and Music License
The EnergyTherapy.biz Site permits users to access certain features available in connection with the EnergyTherapy.biz Site (“Paid Features”) through the purchase of a monthly or annual subscription (“Paid Subscription”).
The monthly and annual fee associated with the Paid Subscription shall be non-refundable. The fees associated the Paid Account shall also be non-refundable.
*You may not sell or redistribute any meditation track or song, or use them to produce anything unlawful, abusive, threatening, obscene, libelous, or racially, ethnically or otherwise objectionable and offensive; or anything that promotes violence, discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group.
Refer-A-Friend Scheme
If a referral signs up for an annual subscription through your unique link, you ("the user") will be credited with 2 months' credit. The referral will receive a 1 month credit.
If a referral signs up for a monthly subscription, the user and the referral will both receive a free month's credit once three monthly payments have been made by the referral.
You can earn up to 12 month's credit at any one time (equivalent to 1 year's free membership)
Credit is supplied 'as is' as part of the referral scheme only and cannot be redeemed for cash or any other type of exchange.
Cancellation
You can cancel at any point during your membership period. Your card will not be charged when the next billing cycle occurs, and you will have access to all content until the end of your term, at which point you will lose all access rights.
You may cancel at any time after payment is taken and will have until the end of your paid term to use the site. However, the monthly and annual fee associated with the Paid Subscription shall be non-refundable. The fees associated the Paid Account shall also be non-refundable.
Permitted Use
Your use of the EnergyTherapy.biz Site shall be limited to viewing and ordering audio, web, and print content as specifically permitted as a licensee of Energy Therapy including the right to download and manage media. You may
not create an account if you are under the age of 18.
Restriction on EnergyTherapy.biz Site
The EnergyTherapy.biz Site contains trade secrets and in order to protect them you may not decompile, reverse engineer, disassemble, or otherwise reduce the EnergyTherapy.biz Site to a human perceivable form, except as specifically permitted herein. SCREENSHOTS, PRINTED IMAGERY AND ELECTRONIC IMAGE FILES PRODUCED FROM THE ENERGYTHERAPY.BIZ SITE IS PERMITTED FOR USE ONLY IN INTERNAL DOCUMENTS AND MAY NOT BE DISTRIBUTED OR USED FOR PUBLIC CONSUMPTION. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT, DISTRIBUTE, NETWORK OR CREATE DERIVATIVE WORKS BASED UPON THE ENERGYTHERAPY.BIZ SITE OR ITS OPERATING SOFTWARE OR ANY PART THEREOF WITHOUT THE EXPRESS WRITTEN CONSENT OF ENERGY THERAPY; PROVIDED YOU WILL BE PERMITTED TO SHARE ANY REPORTS PURCHASED IN CONNECTION WITH ANY SUBSCRIPTION, AS HEREINAFTER DEFINED.
Third Party Content / Providers
You further acknowledge that certain content provided on the EnergyTherapy.biz is subject to certain restrictions and limitations set forth in certain license agreements to which Energy Therapy is subject (“Third Party Licenses”). Your strict compliance with the restrictions contained herein is necessary to insure Energy Therapy’s compliance with any Third Party Licenses which Third Party Licenses may be modified from time to time. You further agree to be solely responsible for any requirements of any Third Party Providers accessed with respect to the EnergyTherapy.biz Site, including but not limited to, any credit processors (“Third Party Providers”), and you agree to hold Energy Therapy harmless with respect to any claims for damages as a result of any Third Party Provider.
No Unlawful or Prohibited Use
As a condition of your use of and access to the EnergyTherapy.biz Site, you will not use the EnergyTherapy.biz Site for any purpose that is unlawful or prohibited by these Terms and Conditions.
Copyright and Trademark
Copyright © 2018 Energy Therapy. All rights reserved. Any unauthorized use of materials appearing on the EnergyTherapy.biz Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. All custom graphics, icons, logos and service names are registered trademarks, copyrights or service marks of Energy Therapy. All other trademarks or service marks are property of their respective owners. The use of any Energy Therapy trademark or service mark without Energy Therapy’s express written consent is strictly prohibited.
Links
The EnergyTherapy.biz Site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Energy Therapy is not liable or responsible for the operation of or content located on or through any such site. The material available on these sites has been produced by independent providers that are not affiliated with Energy Therapy and you assume all risk in connection therewith. Any content, opinions or recommendations expressed are solely those of the independent providers and are not the opinions or recommendations of Energy Therapy.
Disclaimer and Limitation of Liability
ALL SERVICES AND CONTENT DELIVERED ON THE ENERGYTHERAPY.BIZ SITE (INCLUDING THE CONTENT AND ANY OTHER SERVICES PROVIDED THEREBY) IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. THE CONTENT MAY NOT BE CURRENT, ACCURATE OR COMPLETE. ENERGY THERAPY, DOES NOT GUARANTEE THAT THE SERVICE WILL BE FREE OF BUGS, SECURITY BREACHES, VIRUSES, OR THAT IT WILL ALWAYS BE AVAILABLE. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, ENERGYTHERAPY MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, OF ANY KIND WITH RESPECT TO THE OPERATION AND CONTENT, INCLUDING THE ACCURACY, COMPLETENESS, TRUTHFULNESS, TIMELINESS OR USEFULNESS THEREOF OF THE ENERGYTHERAPY.BIZ SITE. IN ADDITION, SOME CONTENT APPEARING ON THE ENERGYTHERAPY.BIZ SITE HAS BEEN PROVIDED BY THIRD PARTIES. ENERGY THERAPY MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY THIRD PARTY INFORMATION, INCLUDING BUT NOT LIMITED TO THE ACCURACY, COMPLETENESS, TRUTHFULNESS, TIMELINESS OR USEFULNESS THEREOF OR THAT SUCH INFORMATION. ANY CLAIM FOR DAMAGES BY YOU HEREUNDER SHALL BE LIMITED TO THE TOTAL FEES PAID BY YOU TO ENERGY THERAPY UNDER ANY CURRENT SUBSCRIPTION THAT YOU ARE SUBJECT.
Indemnification
You hereby agree to indemnify and hold harmless Energy Therapy, along with any Third Party Providers, for any claims or damages asserted by any party arising from your or your representatives’ use of the EnergyTherapy.biz Site along with any claims resulting from your violation of any term set forth herein.
Personal / Billing Information
Information submitted to Energy Therapy through forms on the EnergyTherapy.biz Site or otherwise is governed by the Energy Therapy
Privacy Policy.
Refund Policy
While Energy Therapy makes every effort to maintain the EnergyTherapy.biz Site to provide 100% availability, Energy Therapy shall not provide any refunds with respect to any unexpected outages with respect to the EnergyTherapy.biz Site. Any orders made by you under the EnergyTherapy.biz are final and not subject to refund by Energy Therapy.
Severability
Should any provision of this Agreement be declared unenforceable, then such provision shall be deemed to be severable from this Agreement and shall not affect the remainder hereof. All rights not specifically granted in this Agreement are reserved by Energy Therapy.
No Waiver
Failure of Energy Therapy to enforce any term, provision or condition of these Terms and Conditions in whole or in part shall not be deemed a waiver of such term, provision or condition, nor the right to enforce such term, provision or condition or any other term, provision or condition contained herein.
Term and Termination
These Terms and Conditions are effective until terminated or modified by Energy Therapy. Energy Therapy may terminate these Terms and Conditions and your access to the EnergyTherapy.biz Site with respect to you or any other third party without notice at any time for any reason. In addition, in the event that Energy Therapy determines, in its sole discretion, that you have breached any of these Terms and Conditions, Energy Therapy reserves the right to terminate access to the EnergyTherapy.biz Site and take any other action which Energy Therapy, in its sole discretion, deem to be appropriate. Any and all obligations of user herein, including user’s indemnification obligations, shall survive the termination or expiration of any Subscription.
General
You further agree that these Terms and Conditions is the complete and exclusive statement of the agreement between Energy Therapy and you which supersedes any proposal or prior agreement, oral or written, and any other communication between Energy Therapy and you relating to the subject matter of these Terms and Conditions. No variation of the terms of these Terms and Conditions or any different terms will be enforceable against Energy Therapy unless Energy Therapy gives its express consent, including an express waiver of the terms of this Agreement, in a writing signed by an authorised officer of Energy Therapy. This Agreement shall be governed by the applicable laws of England. The parties hereto submit to the exclusive jurisdiction of the courts of London, England. All rights in any materials not specifically granted in this Agreement are reserved by Energy Therapy.