TERMS AND CONDITIONS OF USE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS WEBSITE AND THE MODERN SHAMANISM COURSE CAREFULLY. By using ModernShamanism.org (“Website”) and the Modern Shamanism Course (“Course”) on the Website, you agree to these Terms and Conditions of Use ("Terms & Conditions").
We reserve the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Website and Course by posting notice on the Website or by sending you an email. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. It is your responsibility to check these Terms periodically for changes. Your continued use of the Service following the posting of any changes to the Terms constitutes acceptance of those changes, whether or not you have reviewed them. If you do not agree to these Terms after we have posted any changes, you should not visit the Website.
1. Scope of Terms & Conditions
Unless we indicate otherwise, these Terms & Conditions apply to your use of the Website and Course, which is licensed by My Little Universe Ltd d/b/a Blue Morpho Group (“Modern Shamanism” or “Company” and collectively, "we," "us," or "our").
Use of the Website and/or Course is void where prohibited by law. By using the Website and/or Course, you represent and warrant that your use of the Website and/or Course does not violate any applicable law or regulation.
Children under the age of 16 are not permitted to use this Website. Children ages 16 to 18 must receive consent from their parents.
2. Terms & Conditions - In General
These Terms & Conditions are a binding contract between you and Modern Shamanism. By using this Website and the Course, you agree to be legally bound and to abide by these Terms & Conditions, just as if you had signed this contract. If at any time during your use of our Website, you do not comply with these Terms & Conditions, we reserve the right to terminate your access to this Website (or any part thereof). In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Website, including, but not limited to, (i) restricting the time the Website is available, (ii) restricting the amount of use permitted by you, and (iii) restricting or terminating any user's right to use the Website. You agree that any termination or cancellation of your access to, or use of, the Website may be effected without prior notice to you. If you do not abide by the provisions of these Terms & Conditions, except as we may otherwise provide from time to time, you agree that we may immediately deactivate or delete your user account and all related information and files in your user account and/or bar any further access to such information and/or files, or our Website. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Website.
3. Eligibility and Membership
To become a registered user of the Website and Course (“Member”), you must register in accordance with instructions that you will find on this Website. We reserve the right to deny membership to any individual for any reason. A lifetime Modern Shamanism membership will grant you access to the Website, Course and related member only services for the duration of the operation of the Website.
You will be asked to create a user account on the Website. In creating a user account, you agree to provide, true, accurate, current and complete information about yourself. Your user account and membership is unique to you and may be used solely by you. You may not share your account login information with a third party. You accept responsibility for all activities that occur under your account and password, and agree not to sell, transfer or assign your Membership or any Membership rights.
If you believe someone has accessed your member name and/or password without your authorization, e-mail us immediately. The Company cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
We reserve the right to terminate your Membership at any time for any reason and without notice. In the event of termination, you are no longer authorized to access the Members area of the Website. The restrictions imposed on you with respect to material downloaded from the Website, and the disclaimers and limitations of liabilities set forth in these Terms & Conditions, shall survive.
4. Privacy and Security
5. Limited License & Proprietary Rights in Website Content
The Website and services are furnished by us and are intended for the personal use of its users. Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display this Website and the material provided hereon for your personal, noncommercial use, provided that you comply fully with the provisions of these Terms & Conditions. You acknowledge that all content on this Website, including the Course, ebooks, articles, text, audios, music, sounds, video, photos, graphics, drawings, software, information, questions, creative suggestions, messages, and other materials (collectively, "Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved.
You acknowledge that the Content is protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content.
No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Modern Shamanism’s prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site.
Except for your own User Content, you may not upload or republish Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of Content is strictly prohibited. Your license for personal use does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods.
Any use of the Website or the Content other than as specifically authorized herein, without the prior written permission of Modern Shamanism, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms & Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
6. User Content Posted on the Website
You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, drawings, information, questions, ideas and other content (collectively the "User Content") that you upload, publish or display (hereinafter, "post") on the Website, or transmit to or share with other Members. You are entirely responsible for all User Content that you post, email or otherwise transmit to this Website. Under no circumstances will we be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted to or through this Website. You may not post, transmit, or share User Content on the Website that you did not create or that you do not have permission to post.
You understand and agree that Modern Shamanism may, but is not obligated to, review the Website and may delete or remove (without notice) any Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of Modern Shamanism violates these Terms & Conditions, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Website or provide to Modern Shamanism.
By posting User Content to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to Modern Shamanism an irrevocable, perpetual, non-exclusive, transferable, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.
You may remove your User Content from the Webite at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that Modern Shamanism may retain archived copies of your User Content. Modern Shamanism does not assert any ownership over your User Content beyond what is granted in the above license; rather, as between us and you, subject to the rights granted to us in these Terms & Conditions, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
7. Standards and Conduct Guidelines
You agree not to use this Website to:
Upload, post, email or otherwise transmit any User Content or other materials or information that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);
Harm minors in any way;
Impersonate any person or entity, including, but not limited to, a director, officer, employee, shareholder, agent or representative of Modern Shamanism or any other person or entity, or falsely state or otherwise misrepresent your affiliation with Modern Shamanism or any other person or entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content or other materials transmitted to or through this Website;
Upload, post, email or otherwise transmit any User Content or other materials that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Upload, post, email or otherwise transmit any User Content or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose;
Upload, post, email or otherwise transmit any User Content or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Interfere with or disrupt this Website or servers or networks connected to this Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;
"Stalk" or otherwise harass another user or employee of this Website; or
Collect or store personal data or attempt to collect or store personal data about other users of the Website.
Your privilege to use this Website and the Course depends on your compliance with the standards and conduct guidelines set forth above. We may revoke your privileges to use all or a portion of this Website and/or take any other appropriate measures to enforce these standards and conduct guidelines if we, in our sole discretion, believe a violation has occurred on your part. Further, if you fail to adhere to our standards and conduct guidelines, we may terminate, in our sole discretion, your use of, or participation in this Website.
The Company reserves the right to investigate and take appropriate legal action against anyone who, in the Company’s sole discretion, violates these Terms & Conditions, including, without limitation, terminating your account and/or reporting such activity to law enforcement authorities.
In the event of termination, the restrictions imposed on you with respect to material downloaded from the Website, and the disclaimers and limitations of liabilities set forth in these Terms & Conditions, shall survive. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Website.
8. Ebook & Music purchases in the store
Any ebooks, documents, music, files or other information ("Downloads") downloaded from modernshamanism.org after clicking the "I Accept" button are licensed by the Company to Licensee on a limited, non-exclusive and non-transferable basis, solely for Licensee to download, use, and maintain. No other right or license is granted to Licensee by this Agreement to use the Downloads or any other intellectual property owned by the Company.
As a condition of this Agreement, you agree you will not sell, resell, rent, assign, distribute or transfer all or part of the Downloads or any rights granted hereunder to any other person or party.
You may use the Downloads only for your personal, noncommercial use. You may not upload any Downloads to the Internet, any intranet, or any private network. You also agree not to make derivative works of the Downloads.
The Downloads and all copies thereof are proprietary to the Company and are protected by the intellectual property laws of the United States and other countries. The Company is the exclusive owner of the Downloads and nothing in this license shall imply either a license or ownership of any part of the Downloads except as described in this Agreement. The unauthorized use or distribution of copyrighted or other proprietary content is illegal and could subject the Licensee to substantial damages.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or Content ("Submissions"), provided by you to Modern Shamanism are non-confidential and shall become the sole property of Modern Shamanism. Modern Shamanism shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
10. Services Offered for Teaching Purposes only
Modern Shamanism, Website and Course are offered for teaching purposes only and not for healing or treating anyone for any physical or mental condition or illness. Modern Shamanism is not a medical organization nor are its employees, agents, and representatives medical doctors and will therefore not give you medical advice, diagnosis or treatment. Nothing contained on this Website, its Content or the Course should be construed as medical advice or diagnosis and should not be interpreted as a substitute for physician consultation, evaluation, or treatment.
Modern Shamanism, its directors, officers, employees, agents, and representatives do not administer or prescribe drugs or controlled substances. Also, Modern Shamanism does not recommend that anyone discontinue current medical treatment prescribed by licensed health care professionals.
No service, material or product offered by Modern Shamanism should be construed as medical advice or diagnosis and should not be interpreted as a substitute for physician consultation, evaluation, or treatment.
11. Third Party Site
The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Website. When you access third party websites, you do so at your own risk. These other websites are not under Company’s control, and you acknowledge that Company is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. Company makes no representations or warranties with respect to any linked site. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
12. Disclaimers of Warranties
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
Your use of the Website and Course is at your own risk. The Content, products, offerings, and materials on this Website are provided "as is" and without warranties of any kind, either express or implied. Company disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, title, compatibility, security, accuracy or non-infringement, and any warranties implied by any course of performance or usage of trade. Some states do not allow limitations on some types of implied warranties, so all the above limitations may not apply to you.
Modern Shamanism cannot guarantee and does not promise any specific results from the use of the Website, Content or Course. Modern Shamanism does not warrant or make any representations regarding the use or the results of the use of the Content, products, offerings, and materials in this Website in terms of their correctness, completeness, accuracy, reliability, or otherwise.
Modern Shamanism does not warrant or make any representations or guarantees regarding the Website, Course or Content in terms of their ability to raise consciousness, create spiritual transformation, relieve stress, create mental clarity or ameliorating any physical, psychological or emotional issue, condition or trauma.
Modern Shamanism reserves the right to change any and all Content and other items used or contained in the Website and any services offered through the Website at any time without notice.
Modern Shamanism does not warrant that this Website or any function contained in this Website will be uninterrupted or error-free, that defects will be corrected, or that this Website or the servers that make this Website available are free of viruses or other harmful components. Any product, offering, content and material downloaded or otherwise obtained through the use of this Website is done at your sole risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such product, offering, content or material.
Further, please note that no advice or information obtained by you from our personnel or through this Website shall create any warranty not expressly provided for in these Terms & Conditions.
13. Limitation of Liability
You acknowledge that Modern Shamanism has no control over, and no duty to take action regarding: what Content you access via the Website, what effect the Course and Content may have on you, how you may interpret or use the Course or Content, what actions you may take as a result of having been exposed to the Course or Content, or the services, content or material provided by third parties linked to Website. You release Modern Shamanism of all liability for you having acquired or not acquired Course or Content through the Website.
Modern Shamanism is not responsible for the conduct, whether online or offline, of any Member or other user of the Website. Modern Shamanism is not responsible for the actions of any Member in implementing or using the Course, its tools, teachings or guidance.
Modern Shamanism is not responsible or liable in any manner for any User Content posted on the Website. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Website and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Website.
Under no circumstances will Modern Shamanism be responsible for any loss or damage, including any loss or damage to any User Content, or personal injury or death, resulting from anyone's use of the Website, Content, Course, or User Content posted on or through the Website or transmitted to Members, or any interactions between users or Members of the Website, whether online or offline.
You expressly understand and agree that, to the maximum extent allowed by law, Modern Shamanism, its officers, directors, employees, agents, contractors, affiliates, representatives, subsidiaries, sublicenses, licensors, and distributors, partners, and each of their employees, contractors, directors, suppliers and representatives shall not be liable to you or any third person under contract, tort, strict liability, negligence or any other legal or equitable theory for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), arising out of, or resulting from: (a) the use or misuse of the Website, Course, Content, or other products, material or offerings; (b) what effect Website, Course, or Content may have on you or any third person or how you or any third person may interpret or use the Course, Website or Content or actions you or any third person may take as a result of viewing the Course, Website or Content; (c) use of Website, Course, Content, or materials viewed by third persons as a result of your breach of this agreement; (d) access or inability to access the Website or Course; (e) unauthorized access to or alteration of your transmissions or data; (f) statements or conduct of any third party on our website; (g) violation of the Terms & Conditions; (h) infringement by you, or any third party using your account of any intellectual property or other right of any person or entity; (i) for breach of any of your representations and warranties in these Terms & Conditions; and (j) any other matter relating to the Website, Course or Content.
In no event shall the collective liability of Modern Shamanism and its officers, directors, employees, agents, contractors, affiliates, representatives, subsidiaries, sublicenses, licensors, and distributors, partners, and each of their employees, contractors, directors, suppliers and representatives for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the greater of $100 or the amount paid by you to access the Website. Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above limitations and exclusions may not apply to you. If you are dissatisfied with any portion of the Website, Course or Content, or with the Terms & Conditions, your sole and exclusive remedy is to resign from membership.
You agree to indemnify, hold harmless and, at our option, defend Modern Shamanism, its officers, directors, employees, agents, contractors, affiliates, representatives, subsidiaries, sub-licenses and distributors, partners, and each of their employees, contractors, directors, suppliers and representatives, from and against any and all liability, loss, claim, demand, damages, costs and/or expenses (including, but not limited to, reasonable attorneys fees and expenses) under contract, tort, strict liability, negligence or any other legal or equitable theory that arise from your use or misuse, or access to, the Website, Course or Content or otherwise from your Submissions, violation of the Terms & Conditions, or infringement by you, or any third party using your account or viewing the Website, Course and Content or material on your computer or any third party viewing Content as a result of (a) the use or misuse of the Website, Course, Content, or other products, material or offerings; (b) what effect Website, Course, or Content may have on you or any third person or how you or any third person may interpret or use the Website, Course or Content or actions you or any third person may take as a result of viewing Course or Content; (c) use of Website, Course, Content, or materials viewed by third persons as a result of your breach of this agreement; (d) access or inability to access the Website; (e) unauthorized access to or alteration of your transmissions or data; (f) statements or conduct of any third party on our website; (g) violation of the Terms & Conditions; (h) infringement by you, or any third party using your account of any intellectual property or other right of any person or entity; (i) for breach of any of your representations and warranties in these Terms & Conditions; and (j) any other matter relating to the Website, Course or Content.
Modern Shamanism reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Modern Shamanism in asserting any available defenses at your sole expense. You also waive and hold harmless Modern Shamanism from any claims resulting from any action taken by Modern Shamanism during or as a result of investigations into the breach of these Terms & Conditions, or misuse of Website, Course or Content and/or from any actions taken as a consequence of investigations by either Modern Shamanism or law enforcement authorities.
You and/or your estate hereby indemnify Modern Shamanism against any claim by any person arising directly or indirectly from your death, injury, loss or damage suffered by you, allegedly caused or contributed to by an act or omission by Modern Shamanism, its directors, employees, contractors, consultants and agents.
15. Copyright Complaints
We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and in our sole discretion, terminate the rights of any user to use our Website (or any part thereof) who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of someone doing so, please contact us firstname.lastname@example.org.
16. Governing Law and Choice of Forum
These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Texas, excluding its conflicts of law rules. A printed version of these Terms & Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extend and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Modern Shamanism agree that any cause of action arising out of or related to the Website, Course or Content must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
17. Dispute Resolution
Any controversy, claim or dispute arising out of or in relating to these Terms & Conditions, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate shall be settled by arbitration in the state of Texas, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS.
The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. The arbitrator shall not have the right to award punitive damages or speculative damages to either party. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of these Terms, the parties consent to exclusive and personal jurisdiction and venue in the United States Federal Courts or state courts located in the U.S. District Court – Northern District of Texas. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms & Conditions, including without limitation, this section.
18. Miscellaneous Terms
We may assign our rights and obligations under these Terms & Conditions. These Terms & Conditions will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms & Conditions, or to exercise any right under the Terms & Conditions, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
No agency, partnership, joint venture or employment relationship is created as a result of these Terms & Conditions and neither party has any authority of any kind to bind the other in any respect. All notices under these Terms & Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
The captions and headings in these Terms & Conditions are intended only for convenience, and will in no event be construed to define, limit or describe the scope or intent of these Terms & Conditions, or any provision of these Terms & Conditions, nor in any affect the interpretation of these Terms & Conditions.
19. Contact Modern Shamanism
You may contact Modern Shamanism at the following address: email@example.com.
(Last modified as of August 10, 2014)