MindBodySpirit.fm – Terms of Use
Please read this document completely. This website (“Site”, or “Service”) is owned and operated by MindBodySpirit.fm, LLC, a Texas limited liability company (“us”, “we” or “our”). The Terms herein are legally binding.
Your access to and use of this website is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use this website.
If you do not wish to be bound by these terms of use, please exit the site now. Your remedy for dissatisfaction with this site, or any products, services, content, or other information available on or through this site, is to stop using the site and/or those particular products or services. Your agreement with us regarding compliance with these terms of use becomes effective immediately upon commencement of your use of this site. If you disagree with any part of the terms then you do not have permission to access this website www.mindbodyspirit.fm.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.mindbodyspirit.fm strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to MindBodySpirit.fm that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of MindBodySpirit.fm or its suppliers, podcasters or licensees and are protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. MindBodySpirit.fm content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of MindBodySpirit.fm and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of MindBodySpirit.fm or our licensors except as expressly authorized by these Terms.
Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to info (at) mindbodyspirit.fm with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
PLEASE NOTE: Please note that all of our podcast providers/licensees have attested that they have the permission for all music used in their podcasts, to record all guests on their shows, and allow MindBodySpirit.fm to display their podcast artwork, photos and other works.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
- A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- Identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- You can contact our Copyright Agent via email to: info (at) mindbodyspirit.fm
Links To Other Websites
Our Service may contain links to third party web sites, RSS Feeds, or services that are not owned or controlled by MindBodySpirit.fm. We are providing these links to you only as a convenience and the inclusion of any link does not imply endorsement by MindBodySpirit.fm of the linked site, its content, or any association with its operator.
MindBodySpirit.fm has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that MindBodySpirit.fm shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination
We may terminate or suspend your access to the website or service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms of Use.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless MindBodySpirit.fm and its licensees and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the website and service, or b) a breach of these Terms.
Limitation Of Liability
In no event shall MindBodySpirit.fm nor its directors, members, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website or Service; (ii) any conduct or content of any third party on the Website or Service; (iii) any content obtained from the Website or Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
MindBodySpirit.fm, our website, our service and its components are offered for informational purposes only; this website, content, and service shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the website or service, nor be responsible or liable for any errors or omissions contained therein.
Regarding Podcast Content: MindBodySpirit.fm does not screen all podcast and media content offered or provided by the individual shows included on the website or service. MindBodySpirit.fm does not own or control such media or the content thereof. Content available through this site often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized representative of MindBodySpirit.fm
Concerns regarding program content should be directed to the individual podcasts and their respective owners. If you cannot reach the individual podcasters, please contact us at info (at) mindbodyspirit.fm and we will forward your email.
Regarding Advertising Content: MindBodySpirit.fm shall not be responsible for any advertisement or endorsement embodied within the podcasts and media included on the website or service unless such material has been placed therein by MindBodySpirit.fm or at our direction.
International Users
The Service is controlled, operated and administered by MindBodySpirit.fm from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the MindBodySpirit.fm Content accessed through www.mindbodyspirit.fm in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Disclaimer
Your use of the website or service is at your sole risk. The material or service is provided on an “AS IS” and “AS AVAILABLE” basis. The podcasts or service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
MindBodySpirit.fm or our subsidiaries, affiliates, and its licensors do not warrant that a) the service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the service is free of viruses or other harmful components; or d) the results of using the service will meet your requirements.
Children Under Thirteen
MindBodySpirit.fm does not knowingly collect, either online or offline, any personal information from persons under the age of 13. All material on MindBodySpirit.fm is intended for users aged 13 or older. If you are a parent or guardian of a child under 13 that have provided us with Personal Information, please contact us at info (at) mindbodyspirit.fm and we will take steps to remove that information from our servers. If you are a parent or guardian of a child under 13 and find any podcasts or material deemed inappropriate for your child, please take necessary precautions to prohibit them from accessing our website or podcasting services. If you are a person under 18, you may use MindBodySpirit.fm only with permission of a parent or guardian.
Conduct on Website
Your use of the website is subject to all applicable laws and regulations, and you are responsible for the substance of your communications through the site. By posting information in or otherwise using any communications service, bchat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our 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 on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- Constitutes unauthorized or unsolicited advertising, junk or bulk email (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 of our employees, agents or representatives.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the laws of The State of Texas, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our website, podcasts or service, and supersede and replace any prior agreements we might have had between us regarding the service.
Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. The most current version of the Terms will be posted on our Site and will supersede all previous versions. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our website, podcasts or service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the website or service.
Contact Us
If you have any questions about this Agreement, please feel free to contact us at: info (at) mindbodyspirit.fm
Effective October 1, 2022
