Terms of Service
Last updated: December 18, 2020
By downloading and using the Application you agree to be bound by these terms of service. If you do not agree to these terms of service, do not use the Application.
2. Intellectual Property Rights
The Application and all related trademarks, logos, software and other intellectual property rights are and shall remain our exclusive property. Your right to use the Application and its content is personal, non-exclusive, non-sublicenseable and non-transferable. Any copying, republication or redistribution of the Application or any o fits content is strictly prohibited.
3. Limitation of Liability
We shall not be liable for any errors in any content or for any actions taken in reliance thereon. Furthermore, we shall not be liable to you for any interception of online communications, software or hardware problems (including, without limitation, viruses, loss of data or compatibility conflicts).
4. Changes to this terms of service
We reserve the right to, from time to time, in our sole discretion amend these terms of service. It is your responsibility to review these terms of service from time to time to understand the extent of changes. Your continued use of the Application constitutes your agreement to the amended and updated terms of service.
5. Subscription Information
MindZone: Meditation & Sleep offers an auto-renewing subscription to provide you with unlimited access to the VIP content. Your payment will be charged to your iTunes Account as soon as you confirm your purchase. You can manage your subscriptions and turn off auto-srenewal from your Account Settings after the purchase. Your subscription will renew automatically, unless you turn off auto-renew at least 24 hours before the end of the current period. The cost of renewal will be charged to your account in the 24 hours prior to the end of the current period. When canceling a subscription, your subscription will stay active until the end of the period. Auto-renewal will be disabled, but the current subscription will not be refunded. Any unused portion of a free trial period, if offered, will be forfeited when purchasing a subscription.
6. Users Generated Content
On certain areas of our Platform or otherwise, you may be able to chat with other users, and submit texts and other content (“User Generated Content” or “UGC”). Your posting of UGC is subject to the Terms and the following posting rules (“Posting Rules”):
A. You agree that your UGC is:
* Not confidential;
* Not in violation of law;
* Not in violation of contractual restrictions or third party rights, and that you have permission to use content from any other party whose personal or other information or intellectual property is contained in the UGC;
* Not abusive, harmful, libelous, profane, obscene or otherwise objectionable;
* Not for commercial purposes or business solicitations; and
* Free of viruses, corrupting files, interference, cheat software, worms or other malicious code.
B. Responsibility of Postings. You understand and acknowledge that UGC is solely your responsibility, and that MindZone is not responsible for the information, data, text or other materials that may appear in UGC. Opinions expressed in UGC do not necessarily reflect the opinions of MindZone. UGC is not necessarily reviewed by MindZone prior to posting and MindZone makes no warranties, express or implied, as to the UGC or to the accuracy and reliability of the UGC.
C. No Monitoring/Violation Notices. You acknowledge that MindZone does not necessarily monitor any materials posted, transmitted, or communicated to or within the Platform. Notwithstanding the foregoing, you further agree that MindZone and its designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move, or remove any UGC that is available via the Platform.
YOU UNDERSTAND AND AGREE THAT MINDZONE MAY DELETE ALL UGC AT ANY TIME, AND WITHOUT NOTICE, IF MINDZONE DEEMS THAT YOU MATERIALLY BREACH THESE POSTING RULES, THE TERMS, APPLICABLE LAW, OR FOR ANY OTHER REASON. MINDZONE ASSUMES NO LIABILITY FOR ANY INFORMATION REMOVED FROM OUR PLATFORM AND RESERVES THE RIGHT TO PERMANENTLY RESTRICT ACCESS TO SERVICES.
7. Ownership and License of UGC
After posting your UGC to the Platform, you continue to retain all ownership rights in such UGC, and you continue to have the right to use your UGC in any way you choose, subject to the Terms and the license described herein (“UGC License”).
A. Scope of License. By displaying, publishing, or otherwise posting any UGC on or through the Platform, you hereby grant to MindZone the non-exclusive, irrevocable, worldwide, royalty free license to edit, adapt, publish, reproduce, distribute, publicly display and use your UGC and any derivative works we may create from it, in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you.
B. Representations. You represent and warrant that: (i) you solely own the UGC displayed, published or posted by you on the Platform or otherwise have the right to grant the license set forth herein, and (ii) the displaying, publishing or posting of your UGC does not violate infringe on the rights of any third party, including any copyright, trademark, patent, trade secret or other intellectual property right, or the privacy rights, publicity rights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any UGC displayed, published or posted by you to the Platform. Except for your UGC, you may not edit, adapt, publish, reproduce, distribute, publicly display and use any UGC appearing on this Platform.