Your Mindful Mosaic Terms & Conditions
Effective: July 10, 2024
When you register with Your Mindful Mosaic, we understand that you are choosing to place your trust in us for your mindfulness and wellbeing needs. We take that responsibility seriously. It therefore matters how you access our services and how we handle your information. Please take a few moments to read our terms and conditions.
If you are visually impaired, have another disability or seek support in other languages, you may access these Terms by emailing us at support@yourmindfulmosaic.com.
The Gold Pixel Studio and its subsidiaries and affiliates ("Your Mindful Mosaic," "us" or "we") provides content and products via: www.yourmindfulmosaic.com (the "Website"), or other delivery methods (the Website and such content and products are collectively the "Product").
These Terms & Conditions (these "Terms") govern your access to and use of the Products. The term "Device" refers to the device which is used to access the Products, including but not limited to computers, smartphones, and tablets. The term "you" refers to the user of the Products.
Currently, we are offering free membership to this portal as per the duration offered along with one of our products which you have purchased. Please note that as per the nature of digital businesses, we may at any time close or stop operating this portal and we will not have any liability for the same.
Protecting and safeguarding any personal information you provide through the Products is extremely important to us. Information about our privacy practices can be found in our Privacy Policy ("Privacy Policy"). You acknowledge that your use of the Products is also subject to our Privacy Policy
PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE (SECTION 14.9). EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, YOU AND YOUR MINDFUL MOSAIC AGREE THAT DISPUTES RELATING TO THESE TERMS OR YOUR USE OF THE PRODUCTS WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION
1. WHAT YOU'RE SIGNING UP FOR
1.1 PRODUCTS
Products include, without limitation, guided meditation audios, downloadable PDF tools, motivational wall posters, mobile & desktop screensavers, ebooks and audiobooks related to mindfulness, gratitude, stress reduction, sleep and more.
1.2 GENERAL RULES FOR USE OR ACCESS
- When you access the Products, you agree to be bound by these Terms and all applicable laws, rules, regulations, judicial orders, executive orders or similar binding legal instruments ("Applicable Law"). If you do not agree to these Terms, please do not use the Products.
- These Terms set out the whole agreement between you and us for the supply of the Products unless expressly stated otherwise. Where additional terms or policies are inconsistent with these Terms, the additional terms or policies will control.
- Please check that the details in these Terms are complete and accurate. If you think that there is a mistake, please contact us by emailing support@yourmindfulmosaic.com. We only accept responsibility for statements and representations made in writing by an authorized representative of Your Mindful Mosaic.
- Use of the Products is dependent upon your use of a computer with adequate software or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the Products and it is your responsibility to ensure the equipment's functionality. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.
1.3 CHANGES TO TERMS
Your Mindful Mosaic reserves the right to change or update these Terms, or any other of our policies or practices, at any time. If a change to these Terms materially modifies your rights or obligations, we may notify you and require that you accept the modified Terms in order to continue to use the Products. We may notify you of such changes via pop-up or push notifications within the Products or via email. If you continue to use the Products after modification, you agree to abide by the modified Terms.
2. JOINING THE YOUR MINDFUL MOSAIC COMMUNITY
2.1 BECOMING A MEMBER
- To access the Products, you must sign up as a registered user (a "Member"). You can do this via our Website. To become a Member, you need to provide certain personal information, including but not limited to, your first name, last name, email address, date of birth and a password to be used in conjunction with that email address ("User Information"). You are responsible for maintaining the confidentiality of your account and password and for restricting access to your Device. You may not register for more than one Member account. In order to access or use certain Products, you may need to provide additional User Information.
- By registering as a Member and using and/or accessing the Products, you warrant that:
- you are legally capable of entering into binding contracts;
- all User Information you submit is truthful, accurate, and up to date;
- you will maintain the accuracy of such information; and
- your use of the Products does not violate these Terms or any Applicable Law.
- Member accounts are not transferable. You agree to not sell, transfer, or exchange Member accounts in any way or under any circumstance.
2.2 MEMBERSHIP ACCESS
- Free Membership with Product Purchase. Currently, we are offering free membership access to the Your Mindful Mosaic portal along with the purchase of certain products. The membership duration varies based on the specific product purchased, as mentioned at the time of purchase.
- Potential Future Paid Subscriptions. In the future, if we decide to offer paid subscription access to the Your Mindful Mosaic portal, the following terms in Sections 2.3-2.4 would apply. However, these subscription terms are not currently in effect as membership is being provided for free with select product purchases at this time.
2.3 POTENTIAL FUTURE SUBSCRIPTIONS
- Automatically Renewing Subscriptions. Members may access the Products via a subscription fee-based program ("Subscription"). Subscriptions may be available via monthly or annual options ("Subscription Term"). For the purposes of our monthly and annual subscriptions, a month constitutes 30 calendar days and a year constitutes 365 calendar days.
- Subscription Cancellation. You may cancel your Subscription at any time, but you must cancel your Subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. See more about cancellation at Section 3.
- No Refunds on Subscriptions. Refunds cannot be claimed for any partial Subscription Term. Your Mindful Mosaic will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information) ("Payment Method"). You will only have access to the Products while your Subscription is active and subsisting.
- Subscription Methods. You may subscribe via purchasing a subscription to the Products from the Website.
- Discounts. Your Mindful Mosaic may offer certain special discount pricing options (the "Special Discount Pricing Options"). Such Special Discount Pricing Options will only be available to qualified users (the "Qualified Users"). Your Mindful Mosaic reserves the right to determine if you are a Qualified User in our sole discretion. Additional terms may apply to such Special Discount Pricing Options.
- Prices in Indian Rupees include local taxes unless otherwise stated. You agree not to hold us responsible for banking charges incurred due to payments on your account. If payment is not received by us from the Payment Method you provided, you agree to pay all amounts due upon demand by us.
If you activate a Subscription, you authorize Your Mindful Mosaic to periodically charge, on a going-forward basis all accrued sums ("Subscription Fee") on or before the payment due date for the accrued sums. Your account will be charged automatically on the date when you purchase your first subscription to the Product ("Subscription Billing Date") for all applicable fees and taxes for the next subscription period. The Subscription will continue unless and until you cancel your Subscription or Your Mindful Mosaic terminates your Subscription or your account.
2.4 POTENTIAL FUTURE PAYMENT TERMS
- Your use of the Products may require you to pay fees. We reserve the right to determine pricing for the Products. We will make reasonable efforts to keep pricing information published on our Website up-to-date.
- You are responsible for all applicable fees and charges incurred, including applicable taxes, unless otherwise agreed to in writing between the parties. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. You authorize Your Mindful Mosaic or a third-party payment processor to charge all fees for the Products, including all applicable taxes, to the Payment Method.
- We reserve the right to change our subscription fees, plans or adjust pricing for our Products in any manner and at any time as we may determine in our sole discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your subscription plan will take effect following notice to you.
3. CANCELING MEMBERSHIP
3.1 CANCELLATION BY US
We may suspend or terminate your access to the Products as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. Your access to the Products may be terminated if the relationship between Your Mindful Mosaic and The Gold Pixel Studio terminates or expires. If this happens, Your Mindful Mosaic will use reasonable efforts to give you seven (7) days' notice before access to the Products is terminated.
3.2 CANCELLATION BY YOU
- You may cancel your free membership access to the Your Mindful Mosaic portal at any time by visiting [insert cancellation URL] or emailing support@yourmindfulmosaic.com.
- If we decide to offer paid Subscriptions in the future, you may cancel your Subscription at any time. Cancellation of a monthly Subscription would be effective at the end of the applicable monthly period and cancellation of an annual Subscription would be effective at the end of the applicable annual period. Please make any such cancellation by visiting [insert cancellation URL] or emailing support@yourmindfulmosaic.com.
3.3 CANCELLATION FEES
Currently, since membership access is being provided for free along with select product purchases, there are no cancellation fees. However, if we start offering paid Subscriptions in the future, some features of the Products may become subject to certain cancellation fees, which would be disclosed via the Products. For example, such cancellation fees may be owed if you request a refund for a remaining paid Subscription period. We may suspend or terminate access to the Products for any account for which any amount is due but unpaid. In addition to the amount due, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees.
4. PROHIBITED USE OF THE PRODUCTS
By using the Products you agree not to:
- copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, decompile, or disassemble the Products in any way, or create derivative works of the Products;
- use the Products (or any part of them) to create any tool or software product that can be used to create software applications of any nature whatsoever;
- upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Products;
- interfere with the servers or networks underlying or connected to the Products or violate any of the procedures, policies or regulations of networks connected to the Products;
- access the Products in an unauthorized manner, including in violation of any local, state, national or international law;
- circumvent any territorial restrictions applied to the Products;
- perform any fraudulent activity including impersonating any other person or entity while using the Products;
- conduct yourself in an offensive manner while using the Products (including, but not limited to, bullying, harassing, or using hate speech or degrading comments about things like race, religion, culture, sexual orientation, gender or identity, age, disability, or serious disease);
- use the Products for any illegal, immoral or harmful purpose (including, without limitation, unlawful, harassing, libelous, invasion of another's privacy, abusive, threatening or obscene purposes);
- use the Products for any purposes related to scientific research, analysis or evaluation of the Products without the express written consent of The Gold Pixel Studio;
- rent, lease, loan, make available to the public, sell or distribute the Products in whole or in part or use the Products except for your own personal use;
- violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
- sell or otherwise transfer access granted under these Terms or any Materials (as defined below) or any right or ability to view, access, or use any Materials; or
- attempt to do any of the acts described in this Section or assist or permit any person in engaging in any of the acts described in this Section or otherwise prohibited by the Terms.
We reserve the right to immediately terminate your access to or use of our Products if we believe, in our sole discretion, that you exhibit such behavior or you violate or attempt to violate any laws or breach these Terms.
By breaching the provisions of this Section, you may commit a criminal offense under Applicable Law. We may report any such breach to the relevant law enforcement authorities and we may cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Products will cease immediately.
We reserve the right to contact emergency services to the extent that we believe, at our sole discretion, that you pose an imminent threat of harm to yourself, to property, or to another person.
5. MATTERS OF OWNERSHIP
Subject to the limitations set forth in these Terms, The Gold Pixel Studio grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to stream, download and make personal non-commercial use of the Products. The Products, including the source code for the Products and any information derived therefrom, is proprietary to, and constitutes the intellectual property (including without limitation a valuable trade secret) of The Gold Pixel Studio and its licensors and suppliers.
5.1 COPYRIGHT
- All materials (including but not limited to software and content whether downloaded or not) contained in the Products ("Materials"), are owned by The Gold Pixel Studio (or our affiliates and/or third-party licensors, where applicable), unless indicated otherwise. The Materials are valuable property and that other than any specific and limited license for use of such Materials, you will not acquire any ownership rights in or to such Materials. The Materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you, without our prior written consent.
- Materials on or in the Products are the property of The Gold Pixel Studio or third-party licensors and, without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions of Section 11 against you.
- Audio or video content from Your Mindful Mosaic not explicitly indicated as downloadable may not be downloaded or copied from the Products or any Device.
- The Products are not intended for your commercial use. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of privileges. You must not use any part of the Materials for commercial purposes without obtaining a written license to do so from us. Materials may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorized use or violation of these Terms immediately and automatically terminates your right to use the Products and may subject you to legal liability. Appropriate legal action may be taken for any illegal or unauthorized use of the Products.
- You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Products. If you make other use of the Products, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of India, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. The Gold Pixel Studio will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
5.2 TRADEMARKS
Your Mindful Mosaic®, the Your Mindful Mosaic logo and all other Your Mindful Mosaic product or service marks are trademarks of The Gold Pixel Studio. All intellectual property, other trademarks, logos, images, product and company names displayed or referred to on or in the Products are the property of their respective owners. Nothing grants you any license or right to use, alter or remove or copy such material. Your misuse of the trademarks displayed or referred to on or in the Products is strictly prohibited. The Gold Pixel Studio will enforce its trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.
6. AVAILABILITY OF PRODUCTS
Although we aim to offer you the best service possible, we make no promise that the Products will meet your requirements and we cannot guarantee that the Products will be fault free. If a fault occurs in the Products, please report it to us at support@yourmindfulmosaic.com and we will review your concern and, where we determine it is appropriate to do so, correct the fault. If the need arises, we may suspend access to the Products while we address the fault. We will not be liable to you if the Products are unavailable for a commercially reasonable period of time.
Your access to the Products may be occasionally restricted to allow for repairs, maintenance or the introduction of new Products. We will restore the Products as soon as we reasonably can. In the event that the Products are unavailable, please notify us of any issues by emailing support@yourmindfulmosaic.com.
We may change or discontinue, temporarily or permanently, any feature, component, or content of the Products at any time without notice to you. Apart from the pro rata extension of your free membership term in the event of Product unavailability, you agree that The Gold Pixel Studio will not be liable to you for any modification, suspension or discontinuance of any feature or component of the Products.
The Gold Pixel Studio's affiliated providers will retain records with respect to your use of the Products for a period required by Applicable Law in India, and provide you access thereto in accordance with Applicable Law.
7. USER MATERIAL
7.1 User Material
The Products may let you submit material to us, for example, you may be able to post comments or images in certain functions or features of the Products. "User Material" refers to any publicly available material of any kind that you submit to us, including text, files, images, photos, video, sounds and musical or literary works. User Material does not include the account information, Product purchase, or Product use information which you provide in registering for and using Products. If you review or submit User Material, you are agreeing to do so in accordance with these Terms. If you do not want to review or submit User Material in accordance with these Terms, then you should not do so.
7.2 Monitoring of User Material
We do not systematically review all User Material submitted by you or other users. However, we reserve the right to, and may from time to time, monitor any and all information transmitted or received through the Products for operational and other purposes. If at any time we choose to monitor such information, we assume no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy. We are not responsible for the content of User Material provided by you or any other user. We do not necessarily endorse any opinion contained in such material. We make no warranties or representations, express or implied, about User Material, including as to its legality or accuracy.
7.3 Actions on User Material
We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your User Material, or to restrict, suspend, or terminate your access to all or any part of the Products, particularly where User Material breaches this Section, and we may do this with or without giving you any prior notice.
7.4 Use of User Material
We may link User Material or parts of User Material to other material, including material submitted by other users or created by Your Mindful Mosaic or other third parties. We may use User Material for our internal business purposes, for example, to examine trends or categories or to promote, market or advertise Your Mindful Mosaic. We may indirectly commercially benefit from use of your User Material.
7.5 Representations and Warranties
- You own your User Material or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (such as copyright or trademark), privacy or publicity rights, rights of confidentiality or rights under contract.
- Your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, and does not encourage conduct that would be considered a criminal offense, and does not give rise to civil liability, violate any law, or is otherwise deemed inappropriate.
- Your User Material does not advertise any product or service or solicit any business.
- Your User Material does not identify any individual (including by way or name, address or a still picture or video) under the age of 18 and if User Material identifies any individual over the age of 18, you have that person's consent to being identified in exactly that way in your User Material; and in submitting your User Material you are not impersonating any other person.
- You will not collect email addresses of users for the purpose of sending unsolicited email.
- You will not engage in criminal or tortious activity, including fraud, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets or attempt to impersonate another user or person.
- You will not engage in any automated use of the system, such as using scripts to alter our content.
- You will not access, tamper with, or use non-public areas of the Products, Your Mindful Mosaic's computer systems, or the technical delivery systems of Your Mindful Mosaic's providers.
- Except as necessary to maintain your own computer security by use of commercial-off-the-shelf antivirus or anti-malware products, you will not attempt to probe, scan, or test the vulnerability of the Products or any other Your Mindful Mosaic system or network or breach any security or authentication measures.
7.6 Infringement of Rights
We are entitled to identify you to third parties who claim that their rights have been infringed by User Material you have submitted.
7.7 Confidentiality of User Material
User Material is not considered to be confidential. You agree not to submit any content as User Material in which you have any expectation of privacy. We do not claim any ownership rights in User Material. However, by submitting User Material you hereby grant Your Mindful Mosaic an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the User Material you post on the Products, or any portion thereof, and any ideas, concepts, or know-how contained in the User Material, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such User Material, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. Your Mindful Mosaic may include your User Material in Your Mindful Mosaic's distribution content that is made available to others through the Products. Be aware that Your Mindful Mosaic has no control over User Material once it leaves the Products, and it is possible that others may duplicate material found on the Products, including, but not limited to, on other sites on the Internet. You represent and warrant that you own or otherwise control the rights to your User Material. You agree to indemnify Your Mindful Mosaic and its affiliates for all claims arising from or in connection with any claims to any rights in your User Material or any damages arising from your User Material.
7.8 Submissions
Any inquiries, feedback, suggestions, ideas, other information which is not part of your use of the Products or User Material that you provide to us (collectively, "Submissions") will be treated as non-proprietary and non-confidential. By transmitting, uploading, posting, e-mailing, or otherwise submitting Submissions to the Products, you grant, and you represent and warrant that you have the right to grant, to Your Mindful Mosaic an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the Submissions, or any portion thereof and any ideas, concepts, or know how contained in the Submissions, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such Submissions, and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party. You also acknowledge that your Submissions will not be returned to you and that Your Mindful Mosaic has no obligation to acknowledge receipt of or respond to any Submissions. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You agree to indemnify Your Mindful Mosaic and its affiliates for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
8. THIRD PARTY TERMS AND LINKS
8.1 Third Party Products
The Products may integrate, be integrated into, or be provided in connection with third-party products, services and content. As part of such integration we may transfer your information to the applicable third party service. These third-party services are not under our control, and, to the fullest extent permitted by law, we are not responsible for any third party service's use of your exported information.
8.2 Links to Other Sites
We may provide links to other websites or services for you to access. Any access is at your sole discretion and for your information only. We do not review or endorse any of those third-party websites or services. We are not responsible in any way for: (a) the availability of; (b) the privacy practices of; (c) the content, advertising, products, goods or other materials or resources on or available from; or (d) the use to which others make of these other websites or services. We are also not responsible for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.
8.3 Links to Your Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Products must not be framed on any other website, nor may you create a link to any part of the Products unless you have written consent to do so from The Gold Pixel Studio. We reserve the right to withdraw linking permission with written notice. The website from which you are linking must comply in all respects with Section 4. If you wish to make any use of material on or in the Products other than that set out above, please address your request to support@yourmindfulmosaic.com.
9. ASSUMPTION OF RISK
Assumption of General Risk
By granting you the right to use the Products, The Gold Pixel Studio does not assume any obligation or liability with respect to your health or your physical activity or condition. In no event will The Gold Pixel Studio be liable for any death or bodily injury that you suffer, or that you cause to any third party, in connection with your use of the Products or any activity you undertake in connection therewith. As between you and The Gold Pixel Studio, you are solely responsible for your use of the Products and your health and medical conditions and treatment related thereto. The Gold Pixel Studio will have no liability for any unauthorized disclosure of your personally identifiable information caused by your actions or omissions.
Medical Advice Disclaimer
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE THAT:
- If you are in need of or are seeking medical treatment, you should contact your healthcare provider. If you are having thoughts of harming or killing yourself, please call or text 988, the Suicide and Crisis Lifeline, and if you are in immediate danger, please contact 911 (or your local equivalent) or go to the nearest emergency room;
- The Gold Pixel Studio is not a licensed medical care provider; does not provide medical treatment, advice, or diagnosis; has no expertise in determining the effect of any specific treatment on a medical condition; and is not your healthcare provider;
- The Gold Pixel Studio is not and does not provide 911 or other emergency services and may not contact you or anyone on your behalf with respect to your medical condition or treatment;
- Any written material provided by The Gold Pixel Studio through the Products is for informational purposes only and is not intended to replace the relationship between you and your physician or other healthcare provider;
- You should always consult a physician if you have any questions regarding a medical condition;
- Never disregard professional medical advice or delay in seeking it because of something you have read or received using the Products;
- The Gold Pixel Studio assumes no liability with respect to any survey or research/medical program or study with which you may be using the Products; and
- The Gold Pixel Studio is not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through or as generated by the Products.
9.1 Meditation Assumption of Risk
While there is research that meditation can assist in the prevention and recovery process for a wide array of conditions as well as in improving some performance and relationship issues, Your Mindful Mosaic makes no guarantees that the Products provide a physical or therapeutic benefit. There have been rare reports where people with certain psychiatric conditions like anxiety and depression have experienced worsening conditions in conjunction with intensive meditation practice. People with existing mental health conditions should speak with their health care providers before starting a meditation practice.
10. WARRANTIES AND DISCLAIMERS
(10.1)
The Products and all materials and content available through the Products are provided "as is" and on an "as available" basis. The Gold Pixel Studio disclaims all warranties of any kind, whether express or implied, relating to the Products and all materials and content available through the Products, including:
- Any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement;
- Any warranty arising out of course of dealing, usage, or trade.
The Gold Pixel Studio does not warrant that the Products or any portion of the Products, or any materials or content offered through the Products, will be uninterrupted, or free of errors, viruses, or other harmful components, and does not warrant that any of those issues will be corrected. No advice or information, whether oral or written, obtained by you from the Products or The Gold Pixel Studio entities or any materials or content available through the Products will create any warranty regarding any of The Gold Pixel Studio entities or the Products that is not expressly stated in these terms. You understand and agree that you use any portion of the Products at your own discretion and risk, and that The Gold Pixel Studio is not responsible for any damage to your property (including your computer system or mobile device used in connection with the Products) or any loss of data. The limitations, exclusions, and disclaimers in this section apply to the fullest extent permitted by law.
Applicable law in some jurisdictions may imply warranties, conditions, or guarantees or impose obligations which provide you with certain consumer rights. These terms are in no way intended to restrict those rights and The Gold Pixel Studio does not disclaim any warranty or other right that The Gold Pixel Studio is prohibited from disclaiming under applicable law.
(10.2)
Your Mindful Mosaic's meditation, mindfulness, sleep, and movement content should not be considered health care, a medical device, or medical advice. Only your physician or other health care provider can provide medical advice. The advice and other materials made available are intended to support the relationship between you and your healthcare providers and not replace it. We are not liable or responsible for any consequences of your having read or been told about such advice or other materials as you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials, and information published as part of the Products.
(10.3)
To the extent that you participate in any movement content featured in the Products, you represent and warrant that you are in adequate physical health to perform such activities and have no disability or condition that would make such movement dangerous. You should consult a licensed physician prior to beginning or modifying any exercise program that you undertake especially if you have a prior injury, a history of heart disease, high blood pressure, other chronic illness, or condition. You acknowledge that The Gold Pixel Studio has advised you of the necessity of doing so.
11. DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE
(11.1)
We are committed to complying with copyright and related laws, and we require all users of the Products and Services to do the same. This means you may not store any material or content on, or disseminate any material or content over, the Products or Services in any manner that infringes third-party intellectual property rights, including rights granted by copyright law. 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. It is our policy to terminate privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner's legal agent.
(11.2)
Owners of copyrighted works in India who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Indian Copyright Act, 1957 to report alleged infringements.
(11.3)
If you feel that a posted message is objectionable or infringing, we encourage you to contact us immediately. Upon our receipt of a proper notice of claimed infringement under the Indian Copyright Act, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the Indian Copyright Act to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Our designated agent (i.e., the proper party) to whom you should address such notice is listed below.
(11.3)
If you believe that your work has been copied and posted on the Products or Services in a way that constitutes copyright infringement, please provide our designated agent with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Products or Services;
- 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 or intellectual property owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
- Our designated agent for notice of claims of copyright infringement can be reached as follows:
By Mail:
support@yourmindfulmosaic.com
Subject line: DMCA
12. ELECTRONIC COMMUNICATIONS CONSENT
Email, text messaging, push notifications, and other electronic communication ("Electronic Communications"), such as posting notices on the Products or Services, allow The Gold Pixel Studio to exchange information with you efficiently in connection with the provisioning of our Products and Services, product information, appointment reminders, and links to surveys.
Your use of the Products and Services means that you agree and consent to the use of Electronic Communications as an acceptable form of communication for the purposes of receiving our Products and Services and product information. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. You acknowledge that Electronic Communications may not be a completely secure means of communication, and there may be the potential for such communications to be accessed in storage or during transmission. We will limit the amount and type of confidential information disclosed in unencrypted Electronic Communications in compliance with our privacy policy.
Applicable laws require that some of the information or communications we send to you should be in writing. You agree to transact with us electronically, and that communication with us will be mainly electronic. You acknowledge that all contracts, notices, information, and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. You have the right to receive a paper copy of the communications. To receive a paper copy, please request it by emailing us at support@yourmindfulmosaic.com. Please be sure to state that you are requesting a copy of the particular communication.
If you wish to change your email address, phone number, or modify your preferences regarding the use of email and text communication, please contact us at support@yourmindfulmosaic.com. You can also contact support@yourmindfulmosaic.com to unsubscribe from further communications. Unsubscribing from communication may impact your ability to use the Products or Services.
We reserve the right, in our sole discretion, to discontinue the provision of your Electronic Communications, or to terminate or change the terms and conditions on which we provide Electronic Communications. We will provide you with notice of any such termination or change as required by law.
13. INTERNATIONAL USE
Our Products and Services are controlled and operated from the United States. If you choose to access or use the Products or Services from a location outside the United States, you do so at your own risk and are responsible for compliance with any applicable local laws.
We make no representations that the Products or Services are appropriate or available for use in locations outside the United States. Accessing the Products or Services from territories where their contents are illegal is prohibited.
You may not use or export the Products or Services in violation of U.S. export laws and regulations.
You agree that you will comply with all applicable laws associated with your use of the Products and Services, including without limitation, export control laws and regulations.
14. GENERAL
(14.1)
ASSIGNMENT BY US The Gold Pixel Studio may transfer its rights and obligations under these Terms to any company, firm, or person at any time if it does not materially affect your rights under it. You may not transfer your rights or obligations under these Terms to anyone else. These Terms are personal to you and no third party is entitled to benefit under these Terms except as set out here.
(14.2)
INDEMNITY To the fullest extent permitted by law, you are responsible for your use of the Products and Services, and you will defend and indemnify The Gold Pixel Studio, your employer, your health plan, or provider (as applicable) and each of their respective officers, directors, employees, consultants, affiliates, subsidiaries, and agents (together, the "The Gold Pixel Studio Entities") from and against any claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or connected with:
- your unauthorized use of, or misuse of, the Products or Services;
- your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any Applicable Law;
- your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or
- any dispute or issue between you and any third party.
The foregoing indemnification obligation is subject to a The Gold Pixel Studio Entity promptly informing you in writing of any such claim, demand, action, or suit; provided that any failure to so inform you will not prejudice your obligation of indemnity, except to the extent materially prejudiced thereby. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
(14.3)
Limitation of Liability To the fullest extent permitted by law, in no event will the The Gold Pixel Studio Entities be liable to you for any indirect, incidental, special, consequential, or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the Products and Services or any materials or content on the Products, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not any The Gold Pixel Studio Entity has been informed of the possibility of damage.
Except as provided in the arbitration clause and to the fullest extent permitted by law, the aggregate liability of the The Gold Pixel Studio Entities to you for all claims arising out of or relating to the use of or any inability to use any portion of the Products and Services or otherwise under these Terms, whether in contract, tort, or otherwise, is limited to the greater of:
- the amount you have paid to The Gold Pixel Studio for access to and use of the Products and Services in the 12 months prior to the event or circumstance giving rise to claim; or
- $10,000.
Each provision of these Terms that provides for an assumption of risk, limitation of liability, disclaimer of warranties, or exclusion of damages is intended to and does allocate the risks between the parties under these Terms. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these Terms. The limitations in this section will apply even if any limited remedy fails of its essential purpose.
(14.4)
NO WAIVER If we delay exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms.
(14.5)
FORCE MAJEURE We will not be liable to you for any lack of performance, or the unavailability or failure, of the Products and Services, or for any failure or delay by us to comply with these Terms, where such lack, unavailability, or failure arises from any cause beyond our reasonable control.
(14.6)
NOTICE Unless otherwise specifically indicated, all notices given by you to us must be given to The Gold Pixel Studio at support@yourmindfulmosaic.com. We may give notice to you at the email address you provide to us when you register, or in any of the ways specified in these Terms. Notice will be deemed received and properly served immediately when posted on the Products or when an email or other electronic communication is sent. In proving the service of any notice via email, it will be sufficient to prove that such email was sent to the specified email address of the addressee.
(14.7)
ENTIRE AGREEMENT These Terms and any additional terms or policies expressly referred to in these Terms constitute the whole agreement between us and supersede all previous oral or written discussions, correspondence, negotiations, previous arrangement, understanding, or agreement between us relating to the Products and Services. We each acknowledge that neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or the additional terms or policies expressly referred to in these Terms. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract. Nothing in this Section limits or excludes any liability for fraud.
(14.8)
THIRD PARTY RIGHTS A person who is not party to these Terms will not have any rights under or in connection with these Terms, except as described in Section 11 (DMCA).
(14.9)
Dispute Resolution & Binding Arbitration Please read the following paragraphs carefully, as they require you to arbitrate disputes with The Gold Pixel Studio, and limit the manner in which you can seek relief from The Gold Pixel Studio, including a limitation on the right to litigate claims in a court or before a jury or to participate in a class action or representative action with respect to a claim.
- Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against The Gold Pixel Studio, you agree to try to resolve the dispute informally by contacting us via email to support@yourmindfulmosaic.com, and providing us with your email address. We'll try to resolve the dispute informally by contacting you through email. If a dispute is not resolved within 30 days after submission, you or The Gold Pixel Studio may bring a formal proceeding.
- Applicability of Arbitration Agreement: All disputes arising out of, relating to, or in connection with these Terms or your use of the Products and Services that cannot be resolved informally or in small claims court will be resolved through binding arbitration on an individual basis, except that you and The Gold Pixel Studio are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
- Arbitration Rules: The arbitration will be administered by the Mumbai Centre for International Arbitration ("MCIA") in accordance with the MCIA Rules for Arbitration ("MCIA Rules") then in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Mumbai, India. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English.
- Authority of Arbitrator: The arbitrator will have exclusive authority to decide the jurisdiction of the arbitrator, including any unconscionability challenge or other challenge that the arbitration provision or the Agreement is void, voidable, or otherwise invalid. The arbitrator will also have the exclusive authority to determine the rights and liabilities, if any, of you and The Gold Pixel Studio. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award all remedies available under Applicable Law, the arbitral forum's rules, and the Terms. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and The Gold Pixel Studio.
- Waiver of Jury Trial: You and The Gold Pixel Studio hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and The Gold Pixel Studio are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 14.9(a) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
- Waiver of Class or Other Non-Individualized Relief: ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection's limitations as to a given claim for relief, then such claim must be severed from the arbitration and brought into the courts located in Mumbai, India. All other claims shall be arbitrated.
- 30-Day Right to Opt Out: You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: support@yourmindfulmosaic.com, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
- Severability: Except as provided in Section 14.9(f), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
- Survival of Agreement: This Arbitration Agreement will survive the termination of your relationship with The Gold Pixel Studio.
(14.10)
EXCLUSIVE VENUE To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and The Gold Pixel Studio agree that all claims and disputes arising out of or relating to the Terms or the use of the Products and Services will be litigated exclusively in the courts located in Mumbai, India. You and The Gold Pixel Studio consent to the personal jurisdiction of those courts.
(14.11)
CHOICE OF LAW The laws of India, other than its conflict-of-laws principles, govern these Terms and any disputes arising out of or relating to these Terms or their subject matter, including tort claims.
(14.12)
SEVERABILITY If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.