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TERMS OF USE | SPIRITUAL BRANDS
INC. WEB SITE TERMS OF USE AND LEGAL RESTRICTIONS
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE
USING THIS SITE. BY USING THIS SITE, YOU SIGNIFY YOUR
ASSENT TO THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE
TERMS OF USE, DO NOT USE THIS SITE.
ACCEPTANCE OF TERMS THROUGH USE
By using this site or by clicking “I agree”
to this Agreement, you (“User”) signify
your agreement to these terms and conditions. If you
do not agree to this Agreement please do not use this
site and do not click “I agree”. The Company
reserves the right to terminate a User’s use of
this site at any time without notice and may do so for
any breach of this Agreement or the instructions on
this site by User. This Agreement applies to licensors
and advertisers as well.
YOU MUST BE OVER 18 TO AGREE TO THIS AGREEMENT
AND USE THIS SITE
This Agreement must be completed, understood and agreed
to by a person over 18. If a parent or guardian wishes
to permit a person under 18, and under his or her supervision,
to use this site, he or she should email the Company
with his or her explicit permission and acceptance of
full legal responsibility for the minor to do so. If
you are not yet 18 or are accessing this site from any
country where material on this site is prohibited or
illegal, please leave now as you do not have permission
to access this site.
RESTRICTIONS ON USE OF MATERIALS
The copyright in all material provided on this Site
(referred to herein as "Site") is held by
Spiritual Brands, Inc. (referred to herein as "Spiritual
Water"). Except as stated herein, no material from
the Site or any web site owned, operated, licensed or
controlled by Spiritual Water, may be copied, reproduced,
republished, uploaded, posted, transmitted, or distributed
in any way. Any unauthorized use of any material contained
on this Site may violate copyright laws, trademark laws,
and other laws.
APPLICABLE LAWS
This Site is controlled and operated by Spiritual Water
from its offices in Florida. Spiritual Water makes no
representation that materials on this Site are appropriate
or available for use outside of the United States. Those
who choose to access this Site from other locations
do so on their own initiative and are responsible for
compliance with applicable local laws. Any claim relating
to, and the use of, this Site are governed by the laws
of the State of Florida, without giving effect to any
principles of conflicts of laws.
TRADEMARKS
The trademarks, service marks and logos (the "Trademarks")
used and displayed on this Site are registered and unregistered
trademarks of Spiritual Brands, Inc., unless otherwise
noted. Nothing on this Site should be construed as granting,
by implication, or otherwise, any license or right to
use any Trademark displayed on the Site.
LINKING
You may be able to access other websites through our
site. When you do so you are doing so subject to their
policies regarding privacy and data collection and you
should read those sites’ privacy policies to make
sure you agree to them before using such sites. When
you choose to shop at such sites, you should read their
privacy policies to make sure you agree to them before
making purchases.
THIRD PARTY SITES
You may be transferred to online merchants or other
third party sites through links or frames from this
site. You are cautioned to read such sites’ Terms
and Conditions and/or Privacy Policies before using
such sites in order to be aware of the terms and conditions
of your use of such sites. These sites may contain information
or material that is illegal, unreasonable or that some
people may find inappropriate or offensive. These other
sites are not under the control of the Company, are
not monitored or reviewed by the Company, and the Company
is not aware of the contents of such sites. You acknowledge
that the Company is not responsible for the accuracy,
copyright compliance, legality, decency, or any other
aspect of the contents or any transmissions received
through such sites. The inclusion of such a link or
frame does not imply endorsement of this site by the
Company, its advertisers or licensors, any association
with its operators and is provided solely for your convenience.
You agree that the Company and its licensors have no
liability whatsoever from such third party sites and
your usage of them.
LICENSE TO USE THIS SITE
Upon your agreement to this Agreement, the Company hereby
grants you a non-exclusive, non-transferable limited
license to use this site in strict accordance with the
terms and conditions in this Agreement and as permitted
via instructions on this site. You agree not to make
any false or fraudulent statements in your use of or
to gain access to this site. You acknowledge and agree
that all content and services available on this site
are property of the Company and its advertisers and
licensors and are protected by copyrights, moral rights,
trademarks, service marks, patents, trade secrets, and
other proprietary rights and laws, in the U.S. and internationally.
All rights not expressly granted herein are fully reserved
by the Company, its advertisers and licensors. You agree
to pay for any and all purchases and services made using
your name and credit card through this Site, not to
challenge any such charges and to pay for all collections
and/or attorneys fees resulting from any non-payment.
Except as may be explicitly permitted through this
site, you agree not to save, download, cut and paste,
sell, license, rent, lease, modify, distribute, copy,
reproduce, transmit, publicly display, publicly perform,
publish, adapt, edit, or create derivative works from
materials, code or content on or from this site. Systematic
retrieval of data or other content from this site to
create or compile, directly or indirectly, a collection,
compilation, database or directory without written permission
from the Company is prohibited. In addition, use of
the content or materials for any purpose not expressly
permitted in this Agreement is prohibited.
You agree that if you are issued a Username and Password
by the Company, you shall use your best efforts to prevent
access to this site through your Username and Password
by anyone other than yourself, including but not limited
to, keeping such information strictly confidential,
notifying the Company immediately if you discover loss
or access to such information by another party not under
your control and supervision, and by using a Username
and Password not easily guessed by a third party.
You agree that you shall not try to reverse engineer,
reverse assemble, reverse compile, decompile, disassemble,
translate or otherwise alter any executable code, contents
or materials on or received via this site. You understand
that such actions are likely to subject you to serious
civil and criminal legal penalties and that the Company
shall pursue such penalties to the full extent of the
law to protect its rights and the rights of its other.
USER TRANSMISSIONS
Any material, information, idea or other communication
you transmit to or post on this Site by any means will
be treated as non-confidential and non-proprietary,
and may be disseminated or used by Spiritual Water and/or
its designees for any purpose whatsoever including,
but not limited to developing and manufacturing products
("Communications"). Spiritual Water will have
no obligations with respect to the Communications. Spiritual
Water and its designees will be free to copy, disclose,
distribute, incorporate and otherwise use the Communications
and all data, images, sounds, text, and other things
embodied therein for any and all commercial and non-commercial
purposes. You are prohibited from posting or transmitting
to or from this Site any unlawful, threatening, libelous,
defamatory, obscene, scandalous, inflammatory, pornographic,
or profane material, or any other material that could
give rise to any civil or criminal liability under the
law.
Except with regard to personal information, all information
which you post on this site or communicate to the Company
through this site (collectively “Submissions”)
shall forever be the property of the Company. You agree
to the Site Submission Rules found here as part of this
Agreement if provided on the site by the Company. The
Company shall not treat any submission as confidential
and shall not incur any liability as a result of any
similarities that may appear in future Company services
or products. Without limitation, the Company shall have
exclusive ownership of all present and future existing
rights to any Submission of every kind and nature everywhere.
You acknowledge that you are fully responsible for the
message, including its legality, reliability, appropriateness,
originality and copyright. You hereby represent and
warrant that your Submission does not infringe the rights
of any third party.
DISCLAIMER OF WARRANTIES
THE COMPANY, ITS ADVERTISERS AND LICENSORS MAKE NO REPRESENTATIONS
OR WARRANTIES ABOUT THIS SITE, THE SUITABILITY OF THE
INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF
THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH
THIS SITE. ALL INFORMATION AND USE OF THIS SITE ARE
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS HEREBY
DISCLAIM ALL WARRANTIES WITH REGARD TO THIS SITE, THE
INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF
THIS SITE AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH
THIS SITE, INCLUDING ALL EXPRESS, STATUTORY, AND IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY, ADVERTISERS
AND/OR ITS LICENSORS DO NOT WARRANT THAT THE CONTENTS
OR ANY INFORMATION RECEIVE THROUGH THIS SITE ARE ACCURATE,
RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE
AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS
OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR
ANY INFORMATION RECEIVED THROUGH THIS SITE IS FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS
SITE IS SOLELY AT YOUR RISK. USER AGREES THAT IT HAS
RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS
OTHER THAN IN THIS AGREEMENT. BECAUSE SOME JURISDICTIONS
DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE
EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE
MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ADVERTISERS
AND/OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY
TO USE, THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED
THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS
RECEIVED THROUGH THIS SITE. THIS LIMITATION APPLIES
WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS,
EVEN IF THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
THE COMPANY, ADVERTISERS AND/OR ITS RESPECTIVE LICENSORS’
LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO
THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the
Company, its advertisers, licensors, subsidiaries and
other affiliated companies, and their employees, contractors,
officers, agents and directors from all liabilities,
claims, and expenses, including attorney's fees, that
arise from your use of this site, or any services, information
or products from this site, or any violation of this
Agreement. The Company reserves the right, at it own
expense, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by
you, in which event you shall cooperate with the Company
in asserting any available defenses.
LEGAL COMPLIANCE
Company may suspend or terminate this Agreement or User’s
use immediately upon receipt of any notice which alleges
that User has used this site for any purpose that violates
any local, state, federal or law of other nations, including
but not limited to the posting of information that may
violate third party rights, that may defame a third
party, that may be obscene or pornographic, that may
harass or assault others, that may violate hacking or
other criminal regulations, etc. of its agents, officers,
directors, contractors or employees. In such event,
Company may disclose the User’s identity and contact
information, if requested by a government or law enforcement
body or as a result of a subpoena or other legal action,
and Company shall not be liable for damages or results
thereof and User agrees not to bring any action or claim
against Company for such disclosure.
CHOICE OF LAW AND FORUM
This site (excluding third party linked sites) is controlled
by the Company from its offices within the State of
Florida, U.S. of America. It can be access from all
50 states as well as from other countries around the
world to the extent permitted by site. As each of these
places has laws that may differ from Florida, by accessing
this site, both you and the Company agree that the statues
and laws of the Florida shall apply to any actions or
claims arising out of or in relation to this Agreement
or your use of this site, without regard to conflicts
of laws principles thereof. You and the Company also
agree and hereby submit to the filing of any claim only
in the exclusive personal jurisdiction and venue of
Utah and any legal proceedings shall be conducted in
English. The Company makes no representation that materials
on this site are appropriate or available for use in
other locations, and accessing them from territories
where their contents are illegal is prohibited. This
Agreement shall not be governed by the United Nations
Convention on Contracts for the Sale of Goods.
MISCELLANEOUS
This Agreement incorporates by reference the Site Submission
Rules if this site allows posting and posts such Rules.
This Agreement constitutes the entire agreement between
the parties related to the subject matter thereof, supersedes
any prior or contemporaneous (oral, written or electronic)
agreement between the parties and shall not be changed
except by written agreement signed by an officer of
the Company. If any provision of this Agreement is prohibited
by law or held to be unenforceable, the remaining provisions
hereof shall not be affected, and this Agreement as
much as possible under applicable law shall continue
in full force and effect as if such unenforceable provision
had never constituted a part hereof and the unenforceable
provision shall be automatically amended so as to best
accomplish the objectives of such unenforceable provision
within the limits of applicable law. User shall not
assign or transfer this Agreement and any such transfer
shall be void.
SITE SUBMISSION RULES
By using features of this site that allow you to post
or otherwise transmit information to or through this
site, or which may be seen by other users, you agree
that you shall not upload, post, or otherwise distribute
or facilitate distribution of any content -- including
text, communications, video, software, images, sounds,
data, or other information -- that: is unlawful, threatening,
abusive, harassing, defamatory, libelous, deceptive,
fraudulent, invasive of another's privacy, tortious,
obscene, sexually explicit or graphic, or otherwise
in violation of this site’s rules or policies;
victimizes, harasses, degrades, or intimidates an individual
or group of individuals on the basis of religion, gender,
sexual orientation, race, ethnicity, age, or disability;
infringes any patent, trade mark, service mark, trade
secret, copyright, moral right, right of publicity,
privacy or other proprietary right of any party; constitutes
unauthorized or unsolicited advertising, junk or bulk
e-mail (also known as "spamming"), chain letters,
any other form of unauthorized solicitation, or any
form of lottery or gambling; contains software viruses
or any other computer code, files, or programs that
are designed or intended to disrupt, damage, or limit
the functioning of any software, hardware, or telecommunications
equipment or to damage or obtain unauthorized access
to any data or other information of any third party;
or impersonates any person or entity, including any
employee or representative of this site, its licensors
or advertisers.
You also agree that you shall not harvest or collect
information about the users of this site or use such
information for the purpose of transmitting or facilitating
transmission of unsolicited bulk electronic e-mail or
communications for any other commercial purpose of your
own or a third party.
You further agree that you shall not solicit or collect
information, or attempt to induce any physical contact
with, anyone 18 years old or younger without appropriate
prior verifiable express parental consent.
This site generally does not pre-screen, monitor, or
edit the content posted by users of this site. However,
this site and its agents have the right, at their sole
discretion, to remove any content that, in this site’s
sole judgment, does not comply with the Site Submission
Rules or is otherwise harmful, objectionable, or inaccurate.
This site is not liable for any failure, delay, damages
or results, in removing such content.
You agree that your use of this site may be suspended
or terminated immediately upon receipt of any notice
which alleges that you have used this site in violation
of these Rules and/or for any purpose that violates
any local, state, federal or law of other nations, including
but not limited to the posting of information that may
violate third party rights, that may defame a third
party, that may be obscene or pornographic, that may
harass or assault others, that may violate hacking or
other criminal regulations, etc. of its agents, officers,
directors, contractors or employees. In such event,
you agree that the owner of this site may disclose your
identity and contact information, if requested by a
government or law enforcement body or as a result of
a subpoena or other legal action, and the owner of this
site shall not be liable for damages or results thereof,
and you agree not to bring any action or claim against
the owner of this site for such disclosure.
This site reserves the right to revise these Site Submission
Rules at its discretion, so check back from time to
time to be sure you are complying with the current version.
REVISIONS AND MODIFICATIONS OF TERMS OF USE
Spiritual Water may revise these Terms of Use at any
time. By using this Site, you agree to be bound by any
such revisions. Accordingly, you should periodically
visit this page to determine the current Terms of Use
to which you are bound. Certain Terms of Use may be
modified and superseded by expressly designated legal
notices or terms located on particular pages on this
Site.
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