Terms & Conditions | TheSpiritExperience

TERMS AND CONDITIONS

1. Introduction

1.1 These terms and conditions shall govern your use of The Spirit Experience website.

1.2 By using The Spirit Experience website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use The Spirit Experience website.

2. Credit

2.1 This document was created using a template from SEQ Legal (http://www.seqlegal.com).

3. Copyright notice

3.2 Subject to the express provisions of these terms and conditions:

(a) I, together with my licensors, own and control all the copyright and other intellectual property rights in The Spirit Experience website and the material on The Spirit Experience website; and

(b) all the copyright and other intellectual property rights in The Spirit Experience website and the material on The Spirit Experience website are reserved.

4. Licence to use website

4.1 You may:

(a) view pages from The Spirit Experience website in a web browser;

(b) download pages from The Spirit Experience website for caching in a web browser;

(d) [stream audio and video files from The Spirit Experience website]; and

(e) [use [The Spirit Experience website services] by means of a web browser],

subject to the other provisions of these terms and conditions.

4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from The Spirit Experience website or save any such material to your computer.

4.3 You may only use The Spirit Experience website for [your own personal and business purposes], and you must not use The Spirit Experience website for any other purposes.

4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on The Spirit Experience website.

4.5 Unless you own or control the relevant rights in the material, or get express written consent from Jodie Silva-Poor, you must not:

(a) republish material from The Spirit Experience website (including republication on another website);

(b) sell, rent or sub-license material from The Spirit Experience website;

(d) exploit material from The Spirit Experience website for a commercial purpose; or

(e) redistribute material from The Spirit Experience website.

4.6 Notwithstanding Section 4.5, you may redistribute The Spirit Experience Newsletter in print and electronic form to any person.

4.7 Jodie Silva-Poor reserves the right to restrict access to areas of The Spirit Experience website, or indeed The Spirit Experience whole website, at her discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on The Spirit Experience website.

5. Acceptable use

5.1 You must not:

(a) use The Spirit Experience website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b) use The Spirit Experience website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use The Spirit Experience website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to The Spirit Experience website without my express written consent;

(e) access or otherwise interact with The Spirit Experience website using any robot, spider or other automated means[, except for the purpose of search engine indexing;

(f) violate the directives set out in the robots.txt file for The Spirit Experience website; or

(g) use data collected from The Spirit Experience website for any direct marketing activity (including without limitation: email marketing, SMS marketing, telemarketing and direct mailing).

5.2 You must not use data collected from The Spirit Experience website to contact individuals, companies or other persons or entities.

5.3 You must ensure that all the information you supply to Jodie Silva-Poor through The Spirit Experience website, or in relation to The Spirit Experience website, is true, accurate, current, complete and non-misleading.

6. Your content: licence

6.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or The Spirit Experience website for storage or publication on, processing by, or transmission via, our website.

6.2 You grant Jodie Silva-Poor a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.

6.3 You grant Jodie Silva-Poor the right to sub-license the rights licensed under Section 9.2.

6.4 You grant to Jodie Silva-Poor the right to bring an action for infringement of the rights licensed under Section 9.2.

6.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

6.6 You may edit your content to the extent permitted using the editing functionality made available on The Spirit Experience website.

6.7 Without prejudice to the other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if Jodie Silva-Poor reasonably suspects that you have breached these terms and conditions in any way, she may delete, unpublish or edit any or all of your content.

7. Your content: rules

7.1 You warrant and represent that your content will comply with these terms and conditions.

7.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

7.3 Your content, and the use of your content by Jodie Silva-Poor in accordance with these terms and conditions, must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime,

(g) be in contempt of any court, or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

(l) depict violence in an explicit, graphic or gratuitous manner;

(m) be pornographic, lewd, suggestive or sexually explicit;

(n) be untrue, false, inaccurate or misleading;

(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p) constitute spam;

(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r) cause annoyance, inconvenience or needless anxiety to any person.

8. Limited warranties

8.1 Jodie Silva-Poor does not warrant or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date; or

8.2 Jodie Silva-Poor reserves the right to discontinue or alter any or all of The Spirit Experience website services, and to stop publishing The Spirit Experience website, at any time in her sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if she stops publishing the website.

8.3 To the maximum extent permitted by applicable law and subject to Section 9.1, Jodie Silva-Poor excludes all representations and warranties relating to the subject matter of these terms and conditions, The Spirit Experience website and the use of The Spirit Experience website.

9. Limitations and exclusions of liability

9.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(d) exclude any liabilities that may not be excluded under applicable law.

9.2 The limitations and exclusions of liability set out in this Section 9 and elsewhere in these terms and conditions:

(a) are subject to Section 9.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

9.3 To the extent that The Spirit Experience website and the information and services on The Spirit Experience website are provided free of charge, Jodie Silva-Poor will not be liable for any loss or damage of any nature.

9.4 Jodie Silva-Poor will not be liable to you in respect of any losses arising out of any event or events beyond her reasonable control.

9.5 Jodie Silva-Poor will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities, health (mental or otherwise), or goodwill.

9.6 Jodie Silva-Poor will not be liable to you in respect of any loss or corruption of any data, database or software.

9.7 Jodie Silva-Poor will not be liable to you in respect of any special, indirect or consequential loss or damage.

9.8 You accept and agree that you will not bring any claim personally against our Jodie Silva-Poor or The Spirit Experience in respect of any losses you suffer in connection with the The Spirit Experience website or these terms and conditions.

10. Breaches of these terms and conditions

10.1 Without prejudice to Jodie Silva-Poor’s other rights under these terms and conditions, if you breach these terms and conditions in any way, or if she reasonably suspects that you have breached these terms and conditions in any way, she may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to The Spirit Experience website;

(d) block computers using your IP address from accessing The Spirit Experience website;

(e) contact any or all of your internet service providers and request that they block your access to The Spirit Experience website;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

10.2 Where Jodie Silva-Poor suspends or prohibits or blocks your access to The Spirit Experience website or a part of The Spirit Experience website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation: creating and/or using a different account].

11. Variation

11.1 Jodie Silva-Poor may revise these terms and conditions from time to time.

11.2 The revised terms and conditions shall apply to the use of The Spirit Experience website from the date of publication of the revised terms and conditions on The Spirit Experience website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

12. Severability

12.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

12.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

13. Entire agreement

13.1 These terms and conditions shall constitute the entire agreement between you and The Spirit Experience, Jodie Silva-Poor in relation to your use of The Spirit Experience website and shall supersede all previous agreements between you and The Spirit Experience, Jodie Silva-Poor in relation to your use of our website.

14. Law and jurisdiction

14.1 These terms and conditions shall be governed by and construed in accordance with American Law.

14.2 Any disputes relating to these terms and conditions shall be subject to the jurisdiction of the courts of America.

15. Details

15.1 This website is owned and operated by Jodie Silva-Poor.

15.2 You can contact her:

(a) by telephone, using the number published on The Spirit Experience website;

(b) using The Spirit Experience website contact form;

(d) by email, using the email address published on The Spirit Experience website.