ARTICLE 1: INTRODUCTION
This End User License Agreement (“EULA”) is a legal agreement between you and Spirit Wings Healing, governing the license and use of the audios, videos, e-books and other downloadable content owned or licensed by Spirit Wings Healing and made available on this website and associated websites (collectively, the recordings, audios, videos, e-books and other downloadable content).
All use by you of the audios, videos, e-books and other downloadable content is governed by this EULA.
Please read the EULA carefully, because it is a legal contract and imposes obligations on you as a user of the audios, videos, e-books and or any other content on the website. BY DOWNLOADING/PURCHASING ANYTHING FROM THIS WEBSITE, YOU WILL BE BOUND BY THIS EULA, AND YOU SIGNIFY YOUR CONSENT TO THE LICENSE GRANTS CONTAINED HEREIN AS WELL AS THE TERMS AND CONDITIONS OF THIS EULA.
BY DOWNLOADING/PURCHASING ANYTHING FROM THIS WEBSITE, YOU FURTHER AGREE THAT YOU HAVE OR WILL REVIEW AND ACCEPT THE TERMS AND CONDITIONS OF THIS EULA BEFORE USING ANYTHING FROM THE WEBSITE.
ARTICLE 2: USER LICENSE
2.1 User License.
Subject to the terms and conditions and for the limited purposes set forth herein, Spirit Wings Healing grants you the limited and non-transferable, right and license to: (i) download the downloadable materials from this website and listen to the recordings, audios, and or videos on devices owned by you; and/or (ii) listen to the compact disc containing the recordings, audios and or videos you purchased from this website on devices owned by you.
2.2 Ownership. You hereby acknowledge that nothing in this EULA is meant or shall be deemed to give you any rights in any works of authorship or copyrights owned or licensed by Spirit Wings Healing.
In the event that the owner, in whole or jointly, of the audios, videos, e-books and other downloadable content, is a party other than Spirit Wings Healing, you agree that such party shall be a third party beneficiary under this EULA and shall have the right to enforce the terms and conditions of this EULA that pertain to such party’s rights in and to the Recordings as if such party were a party to this EULA.
The following restrictions shall apply to your use of the audios, videos, e-books and other downloadable content in any format and on any media:
(a) You may not copy or reproduce any portion of the recordings, audios, videos, e-books and other downloadable content.
(b) You may not distribute, share through any information network, transfer, sell, lease, or rent any of the recordings, audios, videos, e-books and other downloadable content to any other person or entity, in whole or in part.
(c) You may not change, alter, modify, or create derivative works, enhancements, extensions, or add-ons to any of the recordings, audios, videos, e-books and other downloadable content.
(d) You may not decompile, reverse engineer, or disassemble any of the recordings, audios, videos, e-books and other downloadable content, in whole or in part.
(e) You may not use the recordings, audios, videos, e-books and other downloadable content for commercial purposes, or purposes other than your personal use and enjoyment.
(f) You will at all times comply with, and will not circumvent or attempt to circumvent, any of the restrictions on use set forth in this Section 2.3 or elsewhere in this EULA or the restrictions provided in the U.S. Copyright Act, 17 U.S.C. § 101, et. seq.
ARTICLE 3: CHANGES
Spirit Wings Healing reserves the right, in their sole discretion, and from time to time, to change the format or content of the recordings, audios, videos, e-books and other downloadable content available on this website, or the media on which such recordings, audios, videos, e-books and other downloadable content are contained. These updated or re-formatted recordings, audios, videos, e-books and other downloadable content may be made available to you for a fee. You agree that from time to time Spirit Wings Healing may remove or disable access to the recordings, audios, videos, e-books and other downloadable content for indefinite periods of time, or any portion thereof, at any time, without notice to you.
ARTICLE 4: NO MEDICAL ADVICE PROVIDED
THE CONTENTS OF THE RECORDINGS AND OTHER DOWNLOADABLE MATERIAL ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. RELIANCE ON ANY INFORMATION OR GUIDANCE PROVIDED IN OR VIA THE RECORDINGS IS SOLELY AT YOUR OWN RISK.
ARTICLE 5: DISCLAIMER OF WARRANTIES AND LIABILITY
5.1 Disclaimer. Self-Management Services is making the recordings, audios, videos, e-books and other downloadable content available to you on an “as is” and “as available” basis and you agree that your use of the recordings, audios, videos, e-books and other downloadable content is at your own risk. Self-Management Services DISCLAIMS ALL WARRANTIES THAT RELATE IN ANY WAY TO THE RECORDINGS, AUDIOS, VIDEOS, E-BOOKS AND OTHER DOWNLOADABLE CONTENT, THE CONTENT OR ANY PORTIONS OR COMBINATIONS THEREOF, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, AVAILABILITY, ACCURACY, ADEQUACY, QUIET ENJOYMENT, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
5.2 Indemnity. You shall defend, indemnify, and hold harmless Spirit Wings Healing and its employees and agents, from and against any and all suits, proceedings, claims, losses, and damages (including reasonable attorneys’ fees) related to: (i) any breach by you of this EULA, and (ii) any claim by a third party that arises from your use or misuse of the Recordings.
5.3 Limitation of Liability. IN NO EVENT SHALL SPIRIT WINGS HEALING OR ITS OFFICERS, DIRECTORS, AGENTS, OR LICENSORS BE LIABLE TO YOU FOR SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR YOUR USE OF OR INABILITY TO USE THE RECORDINGS AND OTHER DOWNLOADABLE MATERIAL, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, AND ERRORS OR OMISSIONS IN CONTENT, REGARDLESS OF THE FORM OF ACTION, WHETHER SELF-MANAGEMENT SERVICES KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF SELF-MANAGEMENT SERVICES, IF ANY, ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR YOUR USE OF OR INABILITY TO USE THE RECORDINGS, AUDIOS, VIDEOS, E-BOOKS AND OTHER DOWNLOADABLE CONTENT SHALL NOT EXCEED IN THE AGGREGATE THE FEES ACTUALLY PAID BY YOU FOR THE APPLICABLE RECORDINGS, AUDIOS, VIDEOS, E-BOOKS AND OTHER DOWNLOADABLE CONTENT. THE PROVISIONS HEREIN CONCERNING LIMITATIONS OF LIABILITIES AND DAMAGES ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE ECONOMIC TERMS OF THIS AGREEMENT AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE INDEPENDENT OF, AND SHALL SURVIVE THE FAILURE OF, ANY OTHER PROVISION IN THIS AGREEMENT (INCLUDING EXCLUSIVE REMEDIES).
5.4 Errors; Accuracy; Security. Though Self-Management Services uses reasonable efforts to ensure otherwise, the recordings, audios, videos, e-books and other downloadable content may contain errors or other inaccuracies and may not be complete, accurate, or current. SELF-MANAGEMENT SERVICES DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT (I) THE RECORDINGS, AUDIOS, VIDEOS, E-BOOKS AND OTHER DOWNLOADABLE CONTENT WILL BE ERROR-FREE, ACCURATE, OR CURRENT, OR (II) YOUR USE OF THE RECORDINGS, AUDIOS, VIDEOS, E-BOOKS AND OTHER DOWNLOADABLE CONTENT WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM LOSS CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SELF-MANAGEMENT SERVICES DISCLAIMS ANY LIABILITY RELATING THERETO.
ARTICLE 6: MISCELLANEOUS
6.1 Choice of Law. This EULA shall be governed by the laws of the State of Israel (regardless of the laws as to all matters, including but not limited to matters of validity, construction, effect, performance and remedy. Jerusalem, Israel shall be the proper place of venue for all suits to enforce this EULA, and any legal proceedings to enforce the provisions hereof shall be brought in the courts of Jerusalem, Israel.
6.1 Severability. The invalidity or unenforceability of any provision of this EULA shall not affect the validity or enforceability of the remaining provisions, and this EULA shall be construed as if such invalid or unenforceable provisions were omitted, unless the omission of such provision would deprive one of the parties of a material benefit of its bargain hereunder.
6.2 Assignment. You may not assign this EULA. Any assignment made in contravention of this provision shall be null and void for all purposes.
6.3 Binding Effect. This EULA shall be binding on and inure to the benefit of the parties and their respective successors and permitted assigns.
6.4 Entire EULA. This EULA constitutes the entire EULA and understanding of the parties hereto in respect of the subject matter contained herein and supersedes all prior agreements, consents and understandings relating to such subject matter.
ARTICLE 7: REGISTRATION AND ACCEPTANCE
By purchasing any product on this website or associated websites and downloading, listening to, or otherwise accessing any of the recordings, audios, videos, e-books and other downloadable content, you represent and warrant that you are 18 years of age or older, capable of entering into a binding legal agreement, and have read, understand, and agree to be bound by all provisions of this EULA. For purposes of this EULA, the “Effective Date” shall mean the date on which you first accepted this EULA by purchasing any product on this website.
If you have any questions, comments, or feature requests, contact us at email@example.com.
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