Terms of Use Agreement
Welcome to Our Spiritual Adventure! Whether
you are a browsing Visitor or you are a registered Member of
OurSpiritualAdventure.com ("the Site"), you agree to be bound by this
Terms of Use Agreement, (the Agreement).
The Agreement describes the terms on which Our Spiritual Adventure, a registered D.B.A. in the State of Texas of Media, Merchandise, & Entertainment, LLC ("the Company"), grants your access to and usage of the Site and Service. The Agreement states:
- our
policy for acceptable use of the Site (the domain, subdomains,
software, accounts, and communications) and the Content (text, files,
images, photos, graphics, video, animation, sounds, musical works,
works of authorship, or any other materials post on or through the
Site)
- your rights, obligations and restrictions regarding your use of the Site and Service
This
offer is conditioned on your agreement to all of the terms and
conditions contained in the Agreement. At any time you disagree with
the Agreement, leave the Site immediately.
At
its sole discretion, the Company may modify this Agreement from time to
time. Such modification shall be effective upon posting by the Company
to the Site. You agree to be bound to any changes to this Agreement
when you use the Site after any such modification is posted. It is
therefore important that you review this Agreement regularly to ensure
you are updated as to any changes.
THE SERVICE
Our Spiritual Adventure is an online
community of storytellers who inspirationally journal and vote their
favorite stories and characters into webisodes and feature films
produced by the Company and its affiliates for the greater World to
see. Users can visit and browse the public Content or register FREE
for a Spiritual Community Membership Account. Using a username and
password, registered Users can post, comment, rate, social tag, and
vote.
- You agree to provide true and accurate information and agree to update account information as it changes.
- You represent that you are 18 years or older. No one under that age of 18 can use the Service.
- You agree to keep your password safe private and change it immediately if you think its privacy has been compromised
- You understand that you can cancel your membership at anytime, by emailing membership@ourspiritualadventure.com with "Cancel Membership" in the subject line.
- You agree the Company can cancel your membership account at any time
- You
agree that all aspects of the Service are subject to change or
elimination at the Company's sole discretion. This includes but is not
limited to availability, access, and fee structures
- You
agree the Company does not provide you copies of your Content. All data
is subject to deletion, alteration, and transfer at the Company's sole
discretion.
- You agree the Company is a service
provider, which means, among other things, that Our Spiritual Adventure
does not control various aspects of the Service. As a result, the
Company has very limited control, if any, over the quality, safety,
morality, legality, truthfulness or accuracy of Content its community
of users and affiliates publish and communicate on and through the
Site.
- You agree the Company provides the Service on a
"as is" basis, without expressed or implied warranties. Use the Service
at your own risk. You agree that you are not entitled to refunds or
compensations.
PROPERTY RIGHTS
Respecting
the rights of others is imperative in establishing the integrity of any
community; especially, our Spiritual Community. Our community members
individually post their content to tell their story in order to
collectively inspire and evolve the World. Each member has rights to
their own Content and no rights to others.
- You
represent and warrant that you own or have the right to grant a license
to the Content you post on the Site and that posting your Content on
the Site does not violate the privacy rights, publicity rights,
copyrights, contract rights or any other rights of any person. You
agree to pay for all royalties, fees, and any other moneys owing any
person of any Content you post to the Site.
- After posting your Content to the Site, you continue to retain ownership to your Content.
- By posting your Content to the Site, you grant the Company an
irrevocable limited license to use, modify, rearrange, publicly
perform, publicly display, reproduce, and distribute your Content in
perpetuity, throughout the universe in any manner, now or later known,
selected by the Company.
- The Site contains Content of other Users and the Company who respectively own the right to their own Content. You
may not post, modify, distribute, or reproduce in any way any
copyrighted material, trademarks, or other proprietary information
belonging to others without obtaining the prior written consent of the
owner of such proprietary rights.
PROHIBITED CONTENT
The
following is a partial list of the kind of Content that is illegal or
prohibited to post on or through the Site. The Company reserves the
right to investigate and take appropriate legal action against anyone
who, in the Company's sole discretion, violates this provision,
including without limitation, removing the offending communication from
the Site and terminating the Membership of such violators. Prohibited
Content includes, but is not limited to Content that, in the sole
discretion of the Company:
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- solicits personal information from anyone under 14;
-
promotes information that you know is false or misleading or promotes
illegal activities or conduct that is abusive, threatening, obscene,
defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted work;
- involves the transmission of a junk mail, unsolicited mass mailing, phishing, or spamming;
- contains
restricted or password only access pages or hidden pages or images
(those not linked to or from another accessible page);
- furthers
or promotes any criminal activity or enterprise or provides
instructional information about illegal activities including, but not
limited to making or buying illegal weapons, violating someone's
privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- involves
commercial activities and/or sales without the Company's prior written
consent such as contests, sweepstakes, barter, or pyramid schemes;
- includes a photograph of another person that you have posted without that person's consent; or
- uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
PROHIBITED ACTIVITY
The
following is a partial list of the kind of activity that is illegal or
prohibited on and through the Site and Services. The Company reserves
the right to investigate and take appropriate legal action against
anyone who, in the Company's sole discretion, violates this provision,
including without limitation, reporting you to law enforcement
authorities. Prohibited activity includes, but is not limited to:
- criminal
or tortuous activity, including child pornography, fraud, trafficking
in obscene material, drug dealing, gambling, harassment, stalking,
spamming,spimming, sending of viruses or other harmful files, copyright
infringement, patent infringement, or theft of trade secrets;
- advertising
to, or solicitation of, any Member to buy or sell any products or
service when posting a comment about another service provider. You may
not transmit any chain letters or junk email to other Members;
- covering or obscuring the banner advertisements on any Site page via HTML/CSS or any other means;
- any automated use of the system, such as using scripts to send comments or messages;
-
interfering with, disrupting, or creating an undue burden on the
Services or the networks or services connected to the Services;
- attempting to impersonate another Member or person;
- using
the account, username, or password of another Member at any time or
disclosing your password to any third party or permitting any third
party to access your account;
- selling or otherwise transferring your profile;
- using any information obtained from the Services in order to harass, abuse, or harm another person;
- displaying
an advertisement on your profile, or accepting payment or anything of
value from a third person in exchange for your performing any
commercial activity on or through the Services on behalf of that
person, such as placing commercial content on your profile, posting
blogs or bulletins with a commercial purpose, or sending private
messages with a commercial purpose; or
- using the Services in a manner inconsistent with any and all applicable laws and regulations.
- using
the Service to collecting usernames and/or email addresses of Members
by electronic or other means for the purpose of sending unsolicited
email or unauthorized framing of or linking to the Website. Appropriate
legal action will be taken for any illegal or unauthorized use of the
Site.
Despite
these prohibitions, information provided by other Members (for
instance, in a member profile) may contain inaccurate, inappropriate,
offensive or sexually explicit material, products or services, and the
Company assumes no responsibility or liability for this material. If
you become aware of misuse of the Services by any person, please
contact the Company. The Company reserves the right, in its sole
discretion, to reject, refuse to post or remove any posting (including
private messages) by you, or to restrict, suspend, or terminate your
access to all or any part of the Services at any time, for any or no
reason, with or without prior notice, and without liability.
THIRD PARTY LINKS, ADS, SERVICES AND E-COMMERCE
The
Web is a network and mash-up of Services and Content. As you use Our
Spiritual Adventure's Site and Service, you may encounter links,
advertisements, or applications that transfer you to a Third Party's
Service. The company does not control Third Party Services and strongly
recommends that your read their User Agreements before using them.
PRIVACY POLICY
Our
Spiritual Adventure uses your personal information and activity to
operate and improve our Service and to improve your user experience.
The company does not sell your personal information, but may use your
information to comply with criminal investigations or investigations
necessary to protect the Company, its agents, and Users. The Company
does not guarantee the security of any of your information, if you use
3rd party services on or through the Site. We strong recommend that you
read a Third Parties Privacy Policy before using them.
DISPUTE RESOLUTION
If a dispute arises between you and Our
Spiritual Adventure, our goal is to provide you with a neutral and
cost-effective means of resolving the dispute quickly. Accordingly, you
and Our Spiritual Adventure
agree to resolve any claim or controversy at law or in equity that
arises from or relates to this Agreement or our Service (a "Claim") in
accordance with one of the subsections below.
LIMITATION ON LIABILITY
IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR
ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE
SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO
THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICES DURING
THE TERM OF MEMBERSHIP.
DISPUTES
If there is
any dispute about or involving the Services, you agree that the dispute
shall be governed by the laws of the State of Texas, USA, without
regard to conflict of law provisions and you agree to exclusive
personal jurisdiction and venue in the state and federal courts of the
United States located in the State of Texas, City of Austin. Either the
Company or you may demand that any dispute between the Company and you
about or involving the Services must be settled by arbitration
utilizing the dispute resolution procedures of the American Arbitration
Association (AAA) in Austin, Texas, USA, provided that the foregoing
shall not prevent the Company from seeking injunctive relief in a court
of competent jurisdiction.
INDEMNITY
You
agree to indemnify and hold the Company, its subsidiaries, and
affiliates, and their respective officers, agents, partners and
employees, harmless from any loss, liability, claim, or demand,
including reasonable attorneys' fees, made by any third party due to or
arising out of your use of the Service in violation of this Agreement
and/or arising from a breach of this Agreement and/or any breach of
your representations and warranties set forth above and/or if any
Content that you post on or through the Site or Service causes the
Company to be liable to another.
OTHER
This
Agreement is accepted upon your use of the Site or any the Service and
is further affirmed by you becoming a Member. This Agreement
constitutes the entire agreement between you and the Company regarding
the use of the Service. The failure of the Company to exercise or
enforce any right or provision of this Agreement shall not operate as a
waiver of such right or provision. The section titles in this Agreement
are for convenience only and have no legal or contractual effect. Our
Spiritual Adventure is a trademark of Strapped Entertainment,LLC dba
Our Spiritual Adventure. This Agreement operates to the fullest extent
permissible by law. If any provision of this Agreement is unlawful,
void or unenforceable, that provision is deemed severable from this
Agreement and does not affect the validity and enforceability of any
remaining provisions. Please contact us at: info@ourspiritualadventure with any questions regarding this Agreement.