Acceptance of Terms
All right, title and interest in and to the Content is the property of, or is used with permission by, Mindful Escapes, and is protected by applicable law. You understand that all Content posted on, transmitted through, or otherwise made available through the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item (“Item”) of Content that you post or otherwise make available via the Service. Mindful Escapes does not control and is not responsible for Content made available through the Service, and by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Mindful Escapes does not in any way guarantee the confidentiality nor your privacy while engaging in contact with others through the Mindful Escapes site.
Third party content, sites, and services
Our site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content (e.g. other websites) which is completely independent of Mindful Escapes.
Your interactions with physical or legal persons that you have met through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such physical or legal persons. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. We recommend you to be cautious when interacting with other physical or legal persons.
You agree that Mindful Escapes shall not be responsible or liable for any loss or damage of any kind whatsoever incurred as the result of any such dealings. If there is a dispute between users on our site, or between users and any third party, you understand and agree that Mindful Escapes is under no obligation to be involved. In the event that you have a dispute with one or more other users and/or third parties, you hereby explicitly and irrevocably release Mindful Escapes from any and all claims and damages arising out of or in any way connected with such disputes and the Service.
If you for whatever reason believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Mindful Escapes customer service.
In such case, please provide our customer service with sufficient detail in order for Mindful Escapes to be able to identify the material that you claim is infringing and a description of the infringement. Please also provide your contact information.
YOU OWN ALL OF YOUR USER CONTENT, INCLUDING ANY PHOTOS THAT YOU UPLOAD TO THE SITE.
At a High Level. The Service lets you upload and post your Photos, as well as written text, images, web links, location information, and other content (“User Content”). Any User Content that you make available on the Service will belong to you or your licensors. We will not claim any ownership in your User Content–it is completely, 100%, yours.
Limited License to Us. You grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to host, store, transfer, display, adapt, perform, reproduce, modify, translate, and distribute your User Content (in whole or in part) in any media formats and through any media channels (now known or hereafter developed). You understand that we will not pay you for any use of your User Content and that your User Content may be made available to the public for their use without providing you attribution or compensation.
Authority. When you upload User Content to the Service, in addition to the license that you grant us to post the User Content publicly and permit our service partners to download and use them, you also authorize us under your copyrights to enforce any violations of the sub-licenses we grant in the Photos to others. In other words, if a service partner misuses one of your Photos downloaded from the Service, you authorize us to enforce your copyrights in the Photos on your behalf. If you are interested in learning more about this, please see our FAQs.
Representations and Warranties. You are solely responsible for your User Content and any consequences that occur because you’ve uploaded or posted the User Content on the Service. Each time you upload, post, or publish User Content, you represent and warrant to us that:
You are the creator and owner of the User Content or have all necessary rights from other people or companies to use, and permit other users to use, your User Content on the Service as envisioned in this Section 6; and your User Content (including as used by you, us, or other users of the Service) does not and will not infringe or misappropriate any third party right, including copyright and other intellectual property rights, privacy rights, rights of publicity, or moral rights, or slander, defame, or libel anyone. In other words, your User Content must be your original work and you must have the permission of any third parties that have rights in the User Content before you upload or post the User Content to the Service.
Disclaimer. There is no reasonable way for us to monitor all of the User Content that gets uploaded to or posted on the Service, and we are under no obligation to you or the other users to monitor, edit, or control the User Content that you and other users upload or post to the Service. This means that we are not responsible for any User Content on the Service and you agree not to make any claims against us on account of User Content. That said, we may at any time remove, edit, screen, or block any User Content from the Service (without notifying you first) for any reason, including if we think the User Content violates these Terms or is otherwise objectionable. When you use the Service, you will be exposed to the User Content of other users, some of which may be offensive, inaccurate, or indecent. We may investigate claims alleging that User Content violates these Terms and, in those cases, we alone will decide what actions to take (if any) regarding the User Content in question.
Abusing Mindful Escapes
In order for Mindful Escapes to work as a functioning and tasteful environment there are certain limitations regarding what you may post on the website. Hence, you agree not to post, email, upload, transmit or otherwise in any way handle or make available Content:
- That is unlawful, harmful, threatening, abusive, harassing, invasive of another’s privacy, or is harmful to minors in any way;
- That is pornographic or depicts a human being engaged in actual sexual conduct or other sexual behavior;
- That harasses, degrades, intimidates or is hateful towards an individual or group on the basis of political orientation, religion, gender, sexual orientation, race, ethnicity, age, or disability;
- That impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity;
- That includes personal or identifying information about another person without that person’s explicit consent;
- That is false, deceptive, misleading, deceitful or misinformative;
- That infringes any intellectual property rights of any party, or Content that you do not have a right to make available under any legal or contractual relationship;
- That constitutes “affiliate marketing,” “junk mail,” “spam,” “phishing attempts”, “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
- That advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by applicable law.
- That contains 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;
- That disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service;
- That employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service; or
- That violates any agreements such as e.g. confidentiality agreements.
Additionally, you agree not to:
- Engage in any conduct that limits any other person from using or enjoying the Service;
- Contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose or otherwise stalk or harass anyone;
- Collect personal data about other users for commercial or unlawful purposes;
- Alter, delete, interfere or otherwise damage any portion of Mindful Escapes
- Use automated means to download data from the Service, included use of unless expressly permitted by Mindful Escapes;
- Use “posting agents” i.e. third-party agents, services, or intermediaries that offer to post Items on behalf of others, unless expressly approved by Mindful Escapes.
- Attempt to gain unauthorized access to Mindful Escapes’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Mindful Escapes website.
Mindful Escapes grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data gathering and extraction tools for any purpose unless expressly permitted by Mindful Escapes.
Limitations on Service
You acknowledge that Mindful Escapes may establish limits concerning use of the Service, such as including but not limited to limit the number of days that Content will be retained by the Service, limit the number and size of postings, limit the number and size of email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Mindful Escapes has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Mindful Escapes reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Mindful Escapes shall not be liable to you or anyone else for any modification, suspension or discontinuance of the Service.
Should you wish to put on hold or stop advertising with Mindful Escapes you can do so by informing your manager, making a request to firstname.lastname@example.org before your next payment date, or using any account management tools we make available to you. Notice should be given at least 30 days prior to expiration of your subscription (14 days in case of a monthly subscription).
Proprietary Rights of the Service and the Content
Content displayed on or through the Service is protected by copyright, trademark right and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the Content is prohibited without the express written consent of Mindful Escapes. You may not take any means in any way in order to attempt to discover any source code contained in the Service.
Although Mindful Escapes does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Mindful Escapes an irrevocable, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses of the foregoing.
Furthermore, by posting Content to any public area of the Service, you automatically grant Mindful Escapes all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
Mindful Escapes may (but is not obligated to) enforce any and all of its intellectual property rights and other legal rights to the fullest extent possible by law, and may seek damages, injunctive reliefs, attorney’s fees and criminal prosecution where appropriate. Any rights not expressly granted herein are reserved by Mindful Escapes.
Disclaimer of Warranties
YOU AGREE THAT USE OF THE Mindful Escapes SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE Mindful Escapes SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES ARE EXPRESSLY DISCLAIMED. Mindful Escapes DISCLAIMS ANY WARRANTIES FOR INTER ALIA THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE. Mindful Escapes DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE Mindful Escapes SITE OR THE SITES OR SERVICE OR ACCESSED THROUGH ANY LINKS ON THE Mindful Escapes SITE. Mindful Escapes DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SITE OR THE SERVICE.
Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL Mindful Escapes BE LIABLE FOR ANY DAMAGES OF ANY KIND, RESULTING FROM ANY ASPECT OF YOUR USE OF THE Mindful Escapes SITE OR THE SERVICE, COMPLETELY REGARDLESS OF HOW THE DAMAGES HAVE ARISEN. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Mindful Escapes SITE OR THE SERVICE OR ANY LINKS ON THE Mindful Escapes SITE.
Governing Law and Disputes
You also consent and agree to the exclusive jurisdiction of the state and federal courts located in the State of New York, Borough of Manhattan for all suits, actions, or proceedings directly or indirectly arising out of or relating to this Agreement, and waive any and all objections to such courts, including but not limited to, objections based on improper venue or inconvenient forum, and each Party hereby irrevocably submits to the exclusive jurisdiction of such courts in any suits, actions, or proceedings arising out of or relating to this Agreement or any Statement of Work.
The following provisions will survive termination of this Agreement: “Disclaimer of Warrantees”, “Limitations of Liability”, “Indemnity”, “Governing Law and Disputes”, “Complete Understanding”, and this “Survival” section.