This TOS is based on the one at http://en.wordpress.com/tos/ and the one at http://buddhify.com/termsofservice/, so thanks very much to the kind people at WordPress.com and Buddhify.com for allowing the world to re-use their content via a Creative Commons Attribution-Sharealike license. Naturally, this TOS too is therefore under the same licence too.
It’s quite a lot of legal chat but we have to put it here so thank you for your patience.
Terms of Service
The following terms and conditions govern all use of apps by Mindtoon Lab LLC (hereafter known as “The Company”. For extra clarification this relates to not the iOS and Android applications we sell, but also The Company web site (http://mindtoonlab.com).
Please read this Agreement carefully before accessing, purchasing, or using any app by The Company. By accessing or using any app by The Company, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not install and or use any apps. If these terms and conditions are considered an offer by The Company, acceptance is expressly limited to these terms. The Company is available only to individuals who are at least 13 years old.
You agree to indemnify and hold harmless The Company, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of The Company’s apps and web site, including but not limited to your violation of this Agreement. It goes without saying that The Company’s apps should not be used while driving or similar activity which requires your full concentration. You also acknowledge that you are responsible for your own health and body and that it is your responsibility to ensure that any meditation you undertake is at your own risk and that while some meditation products are designed for therapeutic use The Company’s apps are not, therefore if you have any clinical mental health issues or are in doubt you should contact your doctor or therapist for alternative courses of action. You acknowledge that the usage of The Company’s apps does not guarantee an improvement in wellbeing. You acknowledge that meditation can be tiring and cause your body to perspire and you take on the risk of your perspiration damaging any equipment you utilise whilst using The Company’s apps (including but not limited to your mobile device and associated peripherals). It is up to you to protect against such damage.
2. Limitation of Liability
In no event will The company, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for:
(i) any special, incidental or consequential damages;
(ii) the cost of procurement or substitute products or services;
(iii) for interruption of use or loss or corruption of data; or
(iv) for any amounts that exceed the fees paid by you to The Company under this agreement during the twelve (12) month period prior to the cause of action. The Company shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
3. Fees and Payment
Some services including the iOS and Android applications themselves will be made available for a fee.
4. Intellectual Property
This Agreement does not transfer from The Company to you any The Company or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with The Company. Mindtoon Lab, Mindtoon Lab logo, and Mindtoons ™ and all other trademarks, service marks, graphics and logos used in connection with The Company. Other trademarks, service marks, graphics and logos used in connection with The Company may be the trademarks of other third parties. Your use of The Company’s apps grants you no right or license to reproduce or otherwise use any of The Company or third-party trademarks.
4. Disclaimer of Warranties
The Company’s apps are provided “as is”. The Company and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, wellbeing and non-infringement. Neither The Company nor its suppliers and licensors, makes any warranty that The Company’s apps or web site will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, The Company at your own discretion and risk.
The Company reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to buddhify following the posting of any changes to this Agreement constitutes acceptance of those changes. The Company may also, in the future, offer new services and/or features through The Company (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
The Company may terminate your access to all or any part of The Company’s apps or web site at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement , you may simply discontinue using The Company’s web site or apps. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
7. The Company’s data
8. General Representation and Warranty
You represent and warrant that
(ii) your use of The Company’s apps will not infringe or misappropriate the intellectual property rights of any third party.
This Agreement constitutes the entire agreement between The Company and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of The Company, or by the posting by The Company of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of The Company’s apps will be governed by the laws of California, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in California. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; The Company may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.