TERMS OF USE MAJIMIND INC.

These Terms and Conditions contain the terms and conditions on which we supply content, products, or services listed on www.MajiMind.org (the “website”), through our application (the “Apps”), or via other delivery methods. Please read these terms and conditions carefully before participating on the MajiMind website and apps.  The terms “MajiMind,” “us” or “we” refers to MajiMind Inc. 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. When you use the Products, you agree to be bound to these Terms and all applicable laws, rules, and regulations. You may also be asked to click “I accept” at the appropriate place before accessing the Products. At such time, if you do not click “I accept,” you will not be able to gain such access. Using the Products, you indicate that you accept these Terms and agree to abide by them. 

1. Change of terms

MajiMind Inc. reserves the right to change or update these Terms, or any other of our policies or practices, at any time, and will notify users by posting such changes or updates Terms on this page. Any changes or updates will be effective immediately upon posting to www.MajiMinds.org. Your continued use of the Products constitutes your agreement to abide by the Terms as changed. Under certain circumstances we may also elect to notify you of changes or updates to our terms by additional means, such as pop-up or push notification within the Products or email. 

2. Membership

You sign up as a registered user of the Products free of charge (a “Member”). To become a Member you need to go to the relevant section of the Products, submit your first name, last name, age, and email address to us, and create a password to be used in conjunction with that email address. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your Device. MiajiMind and individuals working for MajiMind cannot be held liable when you do not keep your email address and password confidentially. You are not allowed to register for more than one Member account.

In the course of your use of the Products, you may be asked to provide certain personalized information to us. Our information collection and use policies concerning the privacy of such User Information are outlined in the MajiMind Inc. Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.  

Use of MajiMind by Minors 

You must be 18 years of age, or the age of majority in your province, territory or country, to sign up as a registered user of the Products. Individuals under the age of 18, or the applicable age of majority, may view the audiovisual content displayed in the Products only with the involvement and consent of a parent or legal guardian, under such person’s account, and otherwise subject to these terms and conditions. 

4. Prohibited Use of the Products

You agree not to 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 or the Products themselves. You agree not to interfere with the servers or networks underlying or connected to the Products or to violate any of the procedures, policies or regulations of networks connected to the Products. You may not access the Products in an unauthorized manner.

You agree not to impersonate any other person while using the Products, conduct yourself in an offensive manner while using the Products, or use the Products for any illegal, immoral or harmful purpose.

By breaching the provisions of this section 4, you may commit a criminal offense under applicable laws. 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.

You agree not to use the Products for any purposes related to scientific research, analysis or evaluation of the Products without the express written consent from MajiMind..

5. Material Offered Through the Products

(a) All materials (including software and content whether downloaded or not) contained in the Products are owned by MajiMind Inc. (or our affiliates and/or third party licensors, where applicable), unless indicated otherwise. You agree and acknowledge that the materials are valuable property, and that other than any specific and limited license for use of such materials, you shall 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 permission.

(b) You acknowledge and agree that certain materials on or in the Products are the property of 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 12 against you.

(c) Audio or video content from MajiMind not explicitly indicated as downloadable may not be downloaded or copied from the Products or any Device.

(d) 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 used in or on the Products for commercial purposes without obtaining a written license to do so from MajiMind Inc.. Material from the Products 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. You agree not to use the Products for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Products. Appropriate legal action may be taken for any illegal or unauthorized use of the Products.

(e) A limited amount of content may be marked and authorized for the user to share in their personal social channels (Facebook, Twitter, etc.). With respect to content made available by MajiMind through the Products that is specifically identified as available for distribution by you (“Distribution Content”) as part of your blog or other online commentary, analysis or review (“User Commentary”), MajiMind grants you a limited right to download, reproduce and distribute Distribution Content over the internet as part of your User Commentary. You may also modify such Distribution Content but only as required to technically enable the display and distribution of such content through your computer systems and over the Internet (e.g. a change in video format or file size) provided such modification does not materially alter the substance or quality of such content. Your display and distribution of Distribution Content may also be subject to other terms and conditions that are set forth in the description of such content in the Products, such as display and distribution of Distribution Content only within specified usage dates. You agree not to publish the Distribution Content with other content that is known by you to be false, inaccurate, or misleading or that is, or that encourages activity or conduct that is, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. Distribution Content may contain trackers that enable us to collect information with respect to the distribution and consumption of such content.

(f) 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 the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. MajiMInd will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

6. Trademarks

MajiMind, the MajiMind logo and all other MajiMind product or service marks are trademarks of MajiMind Inc. 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 on the Products is strictly prohibited. MajiMind will enforce its trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.

7. Links to Webiste/Home Page

We may provide links to other websites or services for you to access. You acknowledge that any access is at your sole discretion and for your information only. We do not review or endorse any of those 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.

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 permission to do so from MajiMind. We reserve the right to withdraw linking permission with written notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.

8. Product Disclaimer

The information contained in the Products is for general information purposes only. While we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Products or the information contained on the Products for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

9. Medical Disclaimer

MajiMind is a provider of online and mobile support suggesting alternative ways to deal with emotions through guided meditations and other methods. We are not a health care or medical device provider, nor should our Products be considered medical advice. Only your physician or other health care provider can do that. While there is third party evidence from research that meditation can assist in the prevention and recovery process for a wide array of conditions,  MajiMind makes no claims, representations or guarantees that the Products provide a physical or therapeutic benefit.

Any health information and links on the Products, whether provided by MajiMind or by contract from outside providers, is provided simply for your convenience.

To the extent that you participate in any movement content featured in the Products (“Mediyoga”), you represent and warrant that you are in an 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, including Mediyoga, especially if you have a prior injury, a history of heart disease, high blood pressure, other chronic illness, or any other physical condition. You acknowledge that MajiMind has advised you of the necessity of doing so.

Any advice or other materials in the Products are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your individual condition and circumstances. The advice and other materials we make 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. Copyright/trademark

We are committed to complying with copyright and related laws, and we require all users of the Products to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Products in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works in the United States who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the US Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. 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 infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent.

If you feel that a posted message is objectionable or infringing, we encourage you to contact us immediately (info@MajiMind.org). Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA 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. Third Party Rights

A person who is not party to these Terms will not, subject to section 12 (DMCA), have any rights under or in connection with these Terms.

By registering for a MajiMind Inc. account, the Products, you warrant that: 

-all registration information you submit is truthful and accurate 

-your will maintain the accuracy of such information

-your use of the products does not violate any applicable law or regulation

Although MajiMinds provides its products and services with your health and safety in mind, each individual has their limitations and it is therefore critical that you consult your physician or other licensed healthcare providers for necessary medical or appropriate care, follow all safety and other instructions provided by MajiMind, and obtain appropriate authorization before accessing or using any MajiMind, especially if you are prone to injuries, are pregnant or nursing, or have any other unique or special medicinal conditions. ALL MAJIMIND  SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND ARE NOT INTENDED TO DIAGNOSE ANY MEDICAL OR HEALTHCARE  CONDITION, REPLACE THE ADVICE OF LICENSED HEALTHCARE CONDITION, OR PROVIDE ANY MEDICAL ADVICE, OPINION, DIAGNOSIS, TREATMENT, OR GUARANTEE. The information made available on or through the MajiMinds services should not be relied upon when making medical or other important healthcare decisions. MAJIMIND  DOES NOT PROVIDE CLINICAL SERVICES. ANY INDIVIDUALS CERTIFIED BY MAJIMIND  IN ANY MAJIMIND  PRODUCTS OR SERVICES ARE NOT FUNCTIONING IN ANY CLINICAL OR LICENSED MEDICAL, OR PSYCHOLOGICAL CAPACITY, SUCH INDIVIDUALS ARE SOLELY PROVIDING INFORMATION AND EDUCATIONAL SELF-HELP RESOURCES. YOUR USE OF ANY MAJIMIND SERVICES DOES NOT CREATE A DOCTOR-PATIENT, PROFESSIONAL-CLIENT, OR SIMILAR RELATIONSHIP BETWEEN YOU AND MAJIMIND.

12. Liability

MajiMind is not responsible for the conduct of any member. In no event shall MajiMind, board members, its affiliates, employees, or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out or relating to the conduct of you or anyone else in connection with the use of the Website, apps, and Products including, without limitation, death, bodily injury, emotional distress, and/or any other damage resulting from using the product on the MajiMind website or Apps. 

13. Customer Service

MajiMind provides assistance and guidance through its customer care representatives.  You agree not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or in any other way behave inappropriately when you communicate with the customer care representatives from the MajiMInd Website and Apps. Any communication between you and MajiMind might be screened for quality assurance purposes. We reserve the right to immediately terminate your membership if we feel that your behavior towards any of our customer care representatives is at any time threatening or offensive.

14. Modification to Service

MajiMind reserves the right at any time to modify or discontinue, temporarily or permanently, the Website, App or the Products (or any part of it) with or without notice. You agree that MajiMInd shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. To protect the integrity of the Website, Apps and the Product, MajiMInd reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Website, Apps or Product.

15. Disclaimer

You acknowledge and agree that neither MajiMind nor its affiliates and third party partners are responsible for and shall not have any liability, direct or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate Content posted on the Website or provided in connection with the Service, whether caused by Members or any of the equipment or programming associated with or utilized in the Website or Service; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any Content, communications or personalization settings; (iii) the conduct, whether online or offline, of any Member; (iv) any error omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or Member communications; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players in account of technical problems or traffic congestions on the Internet or at any website or combination thereof, including injury from participating or downloading materials in connection with the Internet and/or in connection with the Service. TO THE MAXIMUM EXTENT ALLOWED BY APPLICATION LAW, MAJIMIND PROVIDES THE WEBSITE, APPS, AND THE PRODUCTS ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE WEBSITE, APPS AND PRODUCTS (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANT  ABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MAJIMIND DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, APPS, AND PRODUCTS WILL BE INTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS ON THE WEBSITE, APPS AND PRODUCTS WILL BE CORRECT.

16. Entire Agreement

These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to their subject matter. 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 documents referred to in them. 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.