Jovian Archive Media, Inc.
TERMS AND CONDITIONS
CLICK THROUGH AGREEMENT FOR A
THIS CLICK-THROUGH AGREEMENT (THIS “AGREEMENT”) IS BETWEEN JOVIAN ARCHIVE MEDIA, INC. (“JOVIAN”) AND YOU. BY USING OUR WEBSITE, YOU ACCEPT THESE TERMS AND CONDITIONS IN FULL; ACCORDINGLY, IF YOU DISAGREE WITH THESE TERMS AND CONDITIONS OR ANY PART OF THESE TERMS AND CONDITIONS, YOU MUST NOT USE OUR WEBSITE. IF YOU CREATE EITHER A FREE OR PAID ACCOUNT WITH OUR WEBSITE, WE WILL ASK YOU TO EXPRESSLY AGREE TO THESE TERMS AND CONDITIONS. BY USING THE WEBSITE OR BY CLICKING ON THE “ACCEPT” BUTTON BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW, UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU ARE CREATING EITHER A FEE OR PAID ACCOUNT AND DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, JOVIAN IS UNWILLING TO LICENSE THE SUBSCRIPTION TO MYBODYGRPAH.COM (AS DEFINED BELOW) TO YOU, AND YOU MUST CLICK ON THE “DO NOT ACCEPT” BUTTON BELOW. THE “EFFECTIVE DATE” OF THIS AGREEMENT IS THE DATE UPON WHICH YOU CLICK THE “ACCEPT” BUTTON BELOW. FOR THE PURPOSE OF THIS AGREEMENT, YOU CONSTITUTES “CUSTOMER”. JOVIAN MAY, FROM TIME TO TIME, MODIFY, AMEND, OR SUPPLEMENT THESE TERMS OF SERVICE, AND POST THOSE CHANGES ON THE WEBSITE(S). AT SUCH TIME, YOU WILL BE ASKED TO AGREE TO BE BOUND BY THE TERMS OF SERVICE AS MODIFIED, AMENDED OR SUPPLEMENTED. IF YOU DO NOT AGREE TO BE BOUND BY (OR CANNOT COMPLY WITH) THE TERMS OF SERVICE, YOU WILL NO LONGER BE ABLE TO ACCESS YOUR JOVIAN ACCOUNT.
Thank you for visiting www.mybodygraph.com
Registration, accounts, and age requirements
NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to use the mybodygraph.com you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child's use of mybodygraph.com. If your child is using the mybodygraph.com and is either under 13 or does not have your permission, please contact us immediately so that we can disable his or her access.
Jovian has the exclusive worldwide rights to the Human Design System, the Global Incarnation Index, the International Human Design School, and all intellectual property, including but not limited to, copyrights, moral rights, trademarks, trade secrets and any other form of intellectual property rights recognized in any jurisdiction, derived from, and based upon, the teachings of Ra Uru Hu including but not limited to all of the copyrights to all the published and unpublished expressions and works of Ra Uru Hu, as author in all mediums, including without limitation the words, written forms, text, computer code, artwork, photographs, images, music, audio material, spoken word, video material and audio-visual material, including any mediums yet to be discovered, which were the sole original works created by Ra Uru Hu, as well as images of Ra Uru Hu, and is the owner of the copyright to various derivative works and other writings, music, art, and other products created or otherwise associated with Ra Uru Hu. The word "copyright" means the entire copyright and design right, visual rights, sound recording rights, and any and all analogous rights subsisting under international treaties and the laws of each and every jurisdiction throughout the world.
Jovian has the exclusive worldwide rights to all materials appearing on www.mybodygraph.com which are protected by copyright and trademark throughout the world under the applicable laws of individual countries and international treaties. The content of this web site www.mybodygraph.com, is as a service to its readers and may be used for informational purposes only.
Except as stated herein, no portion of these contents of www.mybodygraph.com herein nor any material, works or intellectual property which Jovian has the exclusive rights to may be displayed, reproduced, copied, commercialized, used to create derivative works, republished, uploaded, modified, performed, posted, published, reverse engineered, sold, or in any way exploited or transmitted or distributed in any form or by any means, electronic, mechanical, photocopying, recording, nor may you distribute any part of the above described content over any network, including a local area network, sell or offer it for sale, or use such content to construct any kind of database or otherwise without the explicit prior written permission of the Jovian.
Permission is granted, solely for your personal or internal use for non-commercial purposes, to display the contents with a computer or other mobile device using a browser software and to download, use, and print copies of the material, provided that no modification is made to the material and that all copyright and other proprietary notices are preserved. Permission granted here does not include the right to repost the contents at any other Web sites, electronic forums or non-electronic forums. Modification of the materials or use of the materials for any other purpose is a violation of copyright and other proprietary rights. Use of some of the contents is subject to additional limitations as specified within.
Permission for digital reuse, reprint or any other publishing requests should be addressed to:
Jovian Archive Media Inc.
110 Cumberland Street, Suite 331
You must not:
You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
User IDs and passwords
To become a subscriber to our website services, you must pay the applicable subscription fees.The contract between us for the supply of the website services shall come into force once you confirm the order. You will have the opportunity to identify and correct input errors prior to making your order. For so long as your account and subscription remain active in accordance with these terms and conditions, you will benefit from the features specified on our website in relation to your subscription type. We may from time to time vary the benefits associated with a subscription by posting a new subscription description on our website.
The fees in respect of our website services will be as set out on the website from time to time. You must pay to us the fees in respect of our website services in advance, in cleared funds, in accordance with any instructions on our website. We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid.
If you dispute any payment made to us, you must contact us immediately and provide full details of your claim. If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within [7 days] following the date of our written request:
Pricing and Availability
Jovian grants you a nonexclusive, nontransferable, nonsublicensable, revocable and limited license to access the free edition or subscription edition of the mybodygraph.com software, including any files, images, or audio or video clips incorporated in or generated by the software, and data accompanying the software (collectively, "the Software"), from this website solely for your internal purposes. Jovian retains full title to the Software, and all intellectual property rights therein and does not transfer the title to you. You have no ownership rights in the Software. Rather, you have a license to use the Software as long as this License Agreement remains in full force and effect. Ownership of the Software, and all intellectual property rights therein shall remain at all times with Jovian. Any other use of the Software by any person, business, corporation, government organization or any other entity is strictly forbidden and is a violation of this License Agreement. By accessing the Software you will be subject to the terms and conditions of such Software. No portion of the Software may be sub-licensed, transferred, assigned, commercialized, sold, used to create derivative works, republished, uploaded, modified, performed, posted, published, reverse engineered, decompiled, disassembled, attempt to create the source code from the object code for the Software or otherwise reduce the Software to a human-perceivable form, or in any way exploited or transmitted or distributed in any form or by any means, electronic, mechanical, photocopying, recording, nor may you distribute any part of the above described content over any network, including a local area network, sell or offer it for sale, or use such content to construct any kind of database or otherwise without the explicit prior written permission of the Jovian.
Term, Suspension and Termination of a Free Account
Agreement term and termination. This agreement will remain in effect unless you terminate it subject to the terms of this Section.
Term, Suspension and Termination of a Paid Subscription
Agreement term and termination. This agreement will remain in effect unless you terminate it subject to the terms of this Section.
Termination of a Subscription. You may terminate a Subscription at any time during its Term.
How to Terminate a Free Account or a Paid Subscription
You may cancel your account on our website by contacting us here: mybodygraph.com/contact-us.
You will not be entitled to any refund for a paid subscription account if you cancel your account.
Cancellation and suspension of account
at any time in our sole discretion without notice or explanation, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, we will refund to you a pro rata amount of your payment, such amount to be calculated by us using any reasonable methodology.
Limited Warranty for Paid Subscription
(i) any implied warranties, guarantees or conditions not able to be disclaimed as a matter of law will last one year from the start of the limited warranty;
(ii) this limited warranty does not cover problems caused by accident, abuse or use of the Products in a manner inconsistent with this agreement, or resulting from events beyond our reasonable control;
(iii) this limited warranty does not apply to problems caused by the failure to meet minimum system requirements;
(iv) Jovian does not warrant that the functions contained in the product will meet any requirements or needs you may have, or that the product will operate error free, or in an uninterrupted fashion, or that any defects or errors in the product will be corrected, or that the product is compatible with any particular platform.; and
(v) this limited warranty does not apply to free, trial, pre-release or beta Products.
d. Remedies for breach of limited warranty. If we fail to meet any of the above limited warranties and you notify us within the warranty period that a Product does not meet the limited warranty, your exclusive remedy, and Jovian’s sole obligation under this warranty, shall be, at Jovian’s sole discretion, correction of the defect or refund of the purchase price paid for the subscription.These are your only remedies for breach of the limited warranty, unless other remedies are required to be provided under applicable law.
e. Disclaimer of other warranties. Other than this limited warranty, we provide no other express or implied warranties or conditions. We disclaim any implied representations, warranties or conditions, including warranties of merchantability, fitness for a particular purpose, satisfactory quality, title or non-infringement. These disclaimers will apply unless applicable law does not permit them.
Limitation of Liability
In no event will Jovian be liable to you or any third party for any incidental or consequential damages (including, without limitation, indirect, special, punitive, or exemplary damages for loss of business, loss of profits, business interruption, or loss of business information) arising out of the use of or inability to use the software subscribed to, or for any claim by any other party, even if Jovian has been advised of the possibility of such damages. Jovian’s aggregate liability with respect to its obligations under this agreement or otherwise with respect to the product and specifications or otherwise shall not exceed the amount of the license fee paid by you for the product and specifications. Because some states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
This website and some of the features and services available on this Site may be available via your mobile phone, including, but without limitation, the ability to browse the website and upload content from website or to website via your mobile phone Jovian does not charge for these Mobile Services; however, your mobile carrier’s fees will apply. By using the Mobile Services, you agree that Jovian may communicate with you through text message or other electronic means via your mobile phone/device and that certain information about your usage of Mobile Services may be communicated to Jovian.
Jovian is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
Jovian may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.
We may collect the following information:
We require this information to understand your needs and provide you with a service, and in particular for the following reasons:
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
Our media player may contain links to enable you to visit websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide while visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law.
Jovian Archive Media Inc.
If you believe that any information we are holding on you is incorrect or incomplete, please email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.
You are responsible for protecting the confidentiality of authentication credentials associated with your mybodygraph.com account under this agreement. In addition, you are responsible for your passwords, if any, and all activity with your mybodygraph.com account including that of users you provision and dealings with third parties that take place through your account or associated accounts. You must keep your accounts and passwords confidential. You must tell us right away about any possible misuse of your accounts or any security incident related to the mybodygraph.com account.
This Site is controlled, operated, and administered by Jovian from its offices within Canada. You may not use this Site or export the Site Content, materials, information, or services on this Site in violation of Canadian export laws and regulations. If you access this Site from a location outside the Canada, you are responsible for compliance with all applicable laws.
a. Notices to Jovian. You must send notices, authorizations, and requests in connection with this agreement via e-mail at the address listed below:
Notices should be sent to:
Jovian Archive Media Inc.
b. Electronic notices to you. We will provide you with information about mybodygraph.com in electronic form via the email address you provide when you set up an account for mybodygraph.com. Notice via email is given as of the transmission date. You may not use mybodygraph.com if you do not agree to receive these electronic notices.
c. No third-party beneficiaries. This agreement does not create any third-party beneficiary rights in any individual or entity that is not a party to this agreement.
d. Assignment. You may not assign this agreement. We may assign this agreement to our Affiliates.
e. Indemnity. You will indemnify and hold Jovian, its subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of these Terms and Conditions, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
f. Severability. If a court holds any provision(s) of this agreement to be illegal, invalid or unenforceable, the rest of this agreement will remain in effect and this agreement will be amended to give effect to the eliminated provision to the maximum extent possible.
g. Waiver. A waiver of any breach of this agreement is not a waiver of any other breach. Any waiver must be in writing and signed by an authorized representative of the waiving party.
h. Applicable law. This Agreement shall be governed by and construed in accordance with the laws of Ontario and the federal laws of Canada applicable therein. This Agreement may be enforced in the court of Canada. The parties agree, for any claim, legal proceeding or arbitration for any reason whatsoever, with respect to this Agreement, to elect the judicial district of Toronto, Province of Ontario, Canada, as the appropriate place for the hearing of said claims or legal proceedings, to the exclusion of any other legal district that may have jurisdiction over such litigation as prescribed by law. mybodygraph.com is protected by copyright and other intellectual property rights laws and international treaties.
i. Dispute resolution. Any action to enforce this agreement must be brought in the Canada. This choice of jurisdiction does not prevent either party from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.
j. Entire agreement. This agreement constitutes the entire agreement concerning its subject matter and supersedes any prior or contemporaneous communications.
k. No transfer of ownership. Jovian do not transfer any ownership rights in any of the content on mybodygraph.com. Jovian reserves all rights, including without limitation license rights, not specifically granted in this agreement. mybodygraph.com is protected by copyright and other intellectual property rights laws and international treaties.
l. Force majeure. Neither party will be liable for any failure in performance due to causes beyond either party’s reasonable control (such as fire, explosion, power blackout, earthquake, flood, severe storms, strike, embargo, labor disputes, acts of civil or military authority, war, terrorism (including cyber terrorism), acts of God, acts or omissions of Internet traffic carriers, actions or omissions of regulatory or governmental bodies (including the passage of laws or regulations or other acts of government that impact the delivery of services)). This Section will not, however, apply to your payment obligations under this agreement.
m. Survival. Provisions regarding ownership and license rights, fees, restrictions on use, transfer of licenses, warranties, limitations of liability, confidentiality, compliance verification, obligations on termination or expiration and the other provisions in the section titled “Miscellaneous” will survive termination or expiration of this agreement.
Copyright protected 2015 © . All Rights Reserved.
Jovian Archive Media, Inc. has the exclusive rights to all all trade names, trademarks, service marks, logos and trade styles on this site . The Rave BodyGraph™ and Rave Mandala™ are registered trademarks and/or common law trademarks of Jovian Archive Media, Inc.
Last Updated: August 26, 2014