Terms of Service and Conditions of Use
Last Updated: 1st January, 2023
AGREEMENT
By accessing and using the Service, you acknowledge and agree to be bound by this Agreement. Holistic Media Productions (“Company”) may revise this Agreement at any time by updating this Agreement and posting it on the Service. Accordingly, you should visit this website and review the terms of service and conditions of use periodically to determine if any changes have been made. The Company will send members in good standing an email to advise them when changes or amendments are made to this Agreement. Your continued use of the Service after any changes have been made to this Agreement signifies and confirms your acceptance of any such changes or amendments to the Agreement. You can view the most recent version of this Agreement, which supersedes all previous versions, at any time at https://amsanctuary.com/sanctuary-terms-of-service
Any new features that are added to the current Service, including the release of new features, integrations, tools, resources, applications or any new type of Service, will be subject to this Agreement. Your continued use of the Service after any such change(s) will constitute your full consent to this Agreement with respect to such changes and new features.
COOKIE POLICY
The Company uses cookies exclusively for tracking your membership status when you arrive at the website, as you use the Services, when you logout and during the membership application process and other crucial operational processes. With the way the internet functions, other servers, ISPs or search engines that your computer or browser interacts with to reach Company's website may use cookies to follow your browsing patterns. These cookies are outside the control of the Company.
OWNERSHIP
All content included as part of the Service, including all screen displays, functionality associated therewith, and the underlying executable code, is and will continue to be the property of Company or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights, unless otherwise specified. Any copying, redistribution, use or publication by you of any such content or any part of the Service is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of the Service, except as otherwise provided herein for Member Content (defined below).
THE ANITA MOORJANI SANCTUARY is a service mark of Holistic Media Productions and are used under license from Anita Moorjani LLC, owner of the ANITA MOORJANI and MOORJANI trademarks and service marks.
You understand and agree that the Company will not be held responsible for copyrightable content (as determined under U.S. law) posted or uploaded by you or by other users of the Service (“Member Content”). You agree to indemnify, defend and hold Company harmless from any and all claims of intellectual property infringement, including without limitation, for trade secret, copyright, trademark, or patent infringement, as a result of Member Content you upload to the Service, including, but not limited to, any images or other multimedia that are uploaded by you. You will retain ownership of the Member Content that you upload. You agree to comply with all state and federal laws pertaining to posting of Member Content using the Service.
The Company prohibits certain conduct while using the Service. By using the Service, you agree to be subject to and comply with any posted guidelines or rules applicable to such Service, which may be posted and modified at any time in the sole discretion of the Company. Further, you understand and agree that Company may, from time to time, review Member Content posted on the Service and remove any Member Content that it deems, in its sole discretion, to fail to comply with posted guidelines or this Agreement.
However, by using the Service and uploading Member Content to the Service, you grant Company a worldwide, perpetual, royalty-free, sublicensable, non-exclusive license to use the Member Content, including but not limited to transmit and display the Member Content through the Service or on other third party platforms or websites for any purpose, including as part of a marketing or advertising campaign established by the Service.
THE SERVICE
The Service includes, but is not limited to, access to live video chats, inspirational conversations with guest speakers, specially designed lessons and learning opportunities, energy experiments, and directed energy sending experiences. The service provides information about empathic communication, understanding empathic nature, and how to cultivate for each member’s own benefit within a community of like-minded individuals who are also seeking and offering support.
The Service is owned and operated exclusively by the Company.
LIMITED LICENSE TO USE THE SERVICE AND PLATFORM
Company hereby grants you a non-exclusive, royalty-free, revocable license to use the Service during the Term (the “License”), subject to the following restrictions and limitations:
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The Service may only be used by establishing an account on or through the Service for your use. Your authorized representatives may also use your account. You agree that you will not allow unauthorized representatives to use your account and that you will take reasonable security measures to protect your account credentials to guard against the same. You understand and agree that you are legally responsible for any and all actions on the Service or on any approved third party vendor platform associated with the Service;
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You agree that you, and any of your authorized representatives, will comply with, and be bound by, this Agreement at all times;
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You understand and agree that you have no right to license, sub-license, assign, or otherwise transfer your rights under the License and that such attempted transfer of your rights will be null and void;
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You agree not to copy, publish, or distribute any of the content provided on the Service without the express written consent of Company;
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You will not modify, alter, edit, adapt or otherwise change the Service or any of the content or software, source code and object code, and all other algorithms and software associated with the Service included therein. You will not attempt to do the same.
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You agree that you will not reverse engineer or attempt to reverse engineer the Service, including the underlying software, which includes the data and executables, source code and object code, and all other algorithms and software associated with the Service. Further, you agree that you will not allow your employees, agents, associates, contractors or other related parties to reverse engineer or attempt to reverse engineer the Service, including the underlying software, which includes the data and executables, source code and object code, and all other algorithms and software associated with the Service. The restrictions in this paragraph will not apply if reverse engineering is required by law or if permission to reverse engineer is granted by Company in writing.
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You understand and agree that your use of the Service is limited to use in an ordinary and reasonable manner for the purpose set forth herein. Further, you agree to refrain from any and all use and actions that damage, or may damage, the Service or otherwise impair the availability or accessibility of the Service, including but not limited to all features and content of the Service, for yourself or others.
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You acknowledge and agree that the textual and graphical content provided by the Company, as well as the data, executables, source code and object code, and all other algorithms and software associated with the Service are the sole property of the Company and that you will not access or attempt to access the same except as permitted by this Agreement and the intended use of the Service. This paragraph will apply during and after the Term of the Agreement, as defined below.
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You will not use the Service in any way or in connection with any activity that is illegal, abusive, harassing, harmful, or otherwise objectionable to Company.
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You will register for the Service with your legal name and agree that any post or comment you create within the Platform will be electronically attributed to you and such post or comment will clearly show your Firstname and Lastname.
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The Platform defaults to using the profile photo that you uploaded provided that the image you uploaded is not rejected by the Company.
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Violation of the restrictions on the License above will be considered a default of the terms of this Agreement and Company reserves the right, in its sole discretion, to take appropriate corrective action, including but not limited to, disabling or deactivating, either temporarily or permanently, any accounts that fail to comply with this Agreement.
ACCOUNT TERMS
Company may, from time to time, access the member’s personal information that the member has provided to the Service in order to enable the Company to provide the Service to the member or to assist member with account related services. You hereby grant permission to Company for such access by Company and agree to hold Company harmless from any and all claims related to the same.
LIMITATION OF LIABILITY
The Company merely provides the Service described above in THE SERVICE. As such, you understand and agree that you have evaluated and understand the risk of using the Service and are solely responsible for any and all risks and liabilities associated with having your personal information and Member Content uploaded to the Service. The Company has no obligation to, and does not, review Member Content and information; however, the Company reserves the right, in its sole discretion, to remove any such content that violates this Agreement or its policies. The Company makes no representations or warranties regarding ownership or a license to use the same. You agree to comply with all applicable copyright laws and other terms and restrictions for third party content through your use of the Service.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY INCLUDING ADVERTISERS ON THE SERVICE, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE, AND FOR ANY OTHER MATTER RELATING TO THE SERVICE.
In no event will Company be liable to you for any amount of money over Fifty Eight United States Dollars ($58.00), which you acknowledge to be a fair and reasonable sum in the event of any loss by you of any kind.
You may have additional rights under certain laws (including consumer laws) that do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
SUBSCRIPTION PLAN AND PAYMENT
We will provide the Service to you for a subscription price, and information regarding current subscription plans will be posted on Company’s website.
If you subscribe to the Service, you agree to pay the listed subscription price on the Website. Subscription pricing is established in the sole discretion of the Company based on market factors. The Company reserves the right to adjust the subscription pricing in its sole discretion from time to time unless the Company has explicitly stated in writing at the time of your joining that the subscription plan you are using is not subject to adjustment. You will be provided with at least 14 days advance notice of any changes to the applicable subscription price. Further, you agree to pay any and all applicable taxes related to your subscription.
Your subscription begins on the day you make a valid payment of the posted subscription fees for the Service and will continue to remain in full force and effect until the earlier of: (i) cancellation of your subscription or (ii) inactivation and deletion of your account on the Service. Requests for refunds of the subscription fees will be limited to a full refund of the first month’s fees (less any unrecoverable charges or commissions paid to the credit card processor to process your payment) provided that such request is received by email at support@amsanctuary.com no later than seven (7) days after you have joined as a new member. Requests for refunds made after the cut-off time will not be considered. Requests for refunds not made by email to the nominated email address will not be considered.
For the purpose of clarity - Company will not grant refunds on renewal payments.
Please contact us by email at the following address if you have any questions regarding these billing procedures or would like to dispute a transaction: support@amsanctuary.com
CANCELLING YOUR MEMBERSHIP SUBSCRIPTION
If you wish to cancel your membership, the Company has two (2) methods that you can choose from:
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A 24/7 self service cancel feature inside the members area on the drop-down menu: MY SUBSCRIPTIONS > CANCEL SUBSCRIPTION. That link will allow you to cancel your membership and stop any further charges to your credit card.
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You may contact the Help Desk by email at: support@amsanctuary.com and request manual assistance in cancelling your membership subscription. To ensure that there is sufficient time to manually cancel your membership subscription before your next billing cycle, your email must be received by the Help Desk at least ten (10) business days before your renewal date. You are solely responsible for ensuring that your email request has been sent to the correct email address no less than ten (10) business days before your renewal date. If you do not receive a response from the Help Desk within four (4) business days after sending your email, it is your sole responsibility to send a followup email to the Help Desk to see if your request has been received.
No other options are available for cancelling a membership subscription except as outlined above.
TERMINATING OR REVOKING YOUR MEMBERSHIP
In the rare situations where a member is found to be causing distress to fellow members, the staff or the management and disturbing the cohesive harmony that the Company is striving to maintain at The Sanctuary, the member will be privately asked to remedy the situation if The Management or the Company believes the actions on the part of the member were merely an error of judgement.
In the distressing situation where The Management or the Company believe that the members actions were done with the intent of destabilizing the harmony of The Sanctuary, the offending members will regrettably have their membership immediately cancelled and no refund will be given. The decision to cancel the membership by The Management or the Company will be final and at the sole discretion of The Management or the Company.
ELECTRONIC COMMUNICATIONS
Your Membership subscription includes email subscriptions to a weekly newsletter and/or short bulletins sent by email to keep you abreast of new offerings, events or features. You consent to receive communications from us electronically via e-mail to the email address you provide to the Company with your Membership subscription. Further, the Company and you acknowledge and agree that communications by e-mail satisfy any applicable “in writing” requirement herein. Every newsletter or bulletin sent to you by email contains instructions and a link for you to unsubscribe from all non-mandatory electronic communications.
INTENDED AUDIENCE
The Service is intended for adults only. You must be at least eighteen (18) years of age in order to use the Service. If you are not at least eighteen (18) years of age, you will immediately and permanently discontinue use of the Service until such time as you are eighteen (18) years of age or older.
INDEMNIFICATION
You agree to indemnify, defend, and hold Company and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to third party claims, your violation of this Agreement, and your use of the Service.
DISCLAIMER
Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
COMPANY MAKES NO WARRANTY THAT (1) THE SERVICE WILL MEET YOUR REQUIREMENTS, (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE SERVICE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH YOUR USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (5) THAT THE SOFTWARE WILL BE ERROR-FREE AND ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
No advice or information, whether oral or written, obtained by you from Company or through Service will create a warranty not expressly stated in this Agreement.
TERM AND TERMINATION
This Agreement will remain in full force and effect from the date of your use of the Service until such time as the Agreement is terminated, as defined below (the “Term”). The Company may terminate this Agreement at any time in its sole discretion, with or without notice, for any reason. You may terminate this Agreement at any time, except any provisions herein that survive termination.
DISCLOSURES REQUIRED BY LAW
The Company reserves the right at all times to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process or governmental request. The Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of anyone posting any content, or publishing or otherwise making available any materials that are believed to violate the Agreement. Company will use reasonable efforts to notify you in connection with any such inquiry; provided, however, that the inquiry in question is not confidential, and further provided that Company will have no duty to disclose such information and therefore will not be liable to you in connection with any non-disclosure.
BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS THAT CAN BE LEGALLY WAIVED WITH RESPECT TO THIS AGREEMENT AND AGREE TO HOLD THE COMPANY HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR ANY LAW ENFORCEMENT OR REGULATORY AUTHORITIES.
APPLICABLE LAW AND ARBITRATION
You agree that the laws of the United States of America and the laws of the state of California, without regard to conflicts of laws provisions will govern this Agreement and any dispute that may arise between you and Company or its affiliates. All disputes between the parties will be resolved through binding arbitration in Los Angeles County, California, under the Commercial Rules of the American Arbitration Association.
If any provision of this Agreement will be adjudged by an arbitrator or any court of competent jurisdiction to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
The failure of the Company to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. Any waiver of this Agreement by the Company must be in writing and signed by an authorized representative of the Company.
RELATIONSHIP OF THE PARTIES
Nothing contained in this Agreement or your use of the Service will be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor will either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each will remain independent and responsible for their own actions.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and the Company with respect to the subject matter of this Agreement, and it governs the terms of service and conditions of use of your use of the Service, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Company with respect to the Service.
Notwithstanding the foregoing, you may also be subject to additional terms of service and conditions of use, posted policies, guidelines, or rules that may apply when you use the Service.
CONTACT INFORMATION
Holistic Media Productions, dba The Anita Moorjani Sanctuary
318 Avenue I
#661
Redondo Beach, CA 90277
USA