Welcome to Slumber (the “Service” or “Application”). The Application is owned and operated by Indian Summer Media, LLC (“Indian Summer”). You may use the services, content, technologies and Application on the condition that you comply with the following terms and conditions (the “Site Terms”) governing your use of the Application.
PLEASE READ ALL OF THE SITE TERMS CAREFULLY BEFORE USING OR ACCESSING THE SITE. BY USING OR ACCESSING THE APPLICATION AND/OR ANY OF THE CONTENT AND SERVICES PROVIDED THEREIN, YOU ARE AGREEING TO THE SITE TERMS IN THEIR ENTIRETY. Indian Summer may, at any time and in its sole discretion, amend, modify, delete or add (collectively “Amendments”) to the Terms. Your use of the Application after any such Amendments have been made or posted constitutes your agreement with and acceptance of such Amendments. Each time you access the Application, you reaffirm your acceptance of the Site Terms and any Amendments thereto. You are responsible for regularly reviewing the Site Terms.
1. Indian Summer May Discontinue or Suspend the Application
Indian Summer reserves the right at any time to modify or discontinue, temporarily or permanently, the Application or any portion thereof without notice to you. You agree that Indian Summer shall not be liable to you or any third party for any such modification, suspension or discontinuance of the Application. You agree that any subscription ends with termination or discontinuation of the Service and that no refunds shall be issued in the event of discontinuation.
2. General Registration Requirements
If you wish to use the Service, you must read this Agreement and indicate your acceptance during the registration process. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on the Application (the “Registration Data”) and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Indian Summer reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time. Content on the Application is provided to you “AS IS” for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Indian Summer. Indian Summer reserves all rights not expressly granted in and to the Application and the Content.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly, annual, or lifetime basis, depending on the type of subscription plan you select when purchasing a Subscription. A lifetime subscription refers to the life of the product, not the user.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancels it. You may cancel your Subscription renewal any time through your iTunes account.
Find instruction on how to cancel your subscription here: https://support.apple.com/en-us/ht202039
Subscription prices are subject to change at any time without notice, to become effective upon the following billing cycle.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Indian Summer with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize us to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, we will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
4. Intellectual Property Rights
All information, materials, images, graphics, video, audio, software, photographs, articles, functions, text and other content contained, displayed or reflected on the Application (collectively, “Application Content”) and all copyrights, trademarks, and other intellectual property rights in or relating to the Application Content, are the exclusive property of Indian Summer, its licensors or content providers or other third parties. The Application and the Application Content, including the selection and arrangement of the Application Content, is owned by Indian Summer and protected as a compilation under the copyright laws of the United States and other countries. Nothing herein or on the Application shall be construed as granting, by implication, estoppel, or otherwise, any license, right or permission to use any of the Application Content without Indian Summer’s prior written permission. You agree that, without prior, written authorization from Indian Summer, you may not and will not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of the Application Content, except as permitted herein and under Section 107 of the United States Copyright Act of 1976, as amended, 17 U.S.C. § 107.
The Indian Summer name and marks, and unless otherwise noted all other trademarks, service marks, trade names, and logos displayed on the Application, are the trademarks, service marks and/or trade names of Indian Summer. Nothing herein or on the Application shall be construed as granting, by implication, estoppel, or otherwise, any license, right or permission to use any trademark, trade name, logo or service mark displayed on the Application without the owner’s prior written permission. Unauthorized use of the Indian Summer name and mark, or any other trademark, service mark or trade name displayed on the Application is strictly prohibited.
5. User Submissions to the Website
The Service may offer you the opportunity to post and/or submit information, materials, images, graphics, video, audio, software, photographs, articles, text, feedback and/or other content (“User Content”) on or to the Website. By posting or submitting any User Content (regardless of the form or medium of the post or submission), you are giving Indian Summer, and its affiliates, agents and third party contractors the unrestricted, royalty-free, perpetual and irrevocable right to reproduce, adapt, display, publish, distribute or modify such User Content throughout the world in any and all media and formats, whether now or hereafter developed, for any purpose whatsoever, without payment, credit or acknowledgement of source.
With respect to any User Content submitted by you to any Indian Summer forum, you hereby represent and warrant to Indian Summer that you are legally capable to enter into contracts, that you are authorized to post or submit the User Content and that the User Content and your submission of the User Content does not violate or infringe the copyright, trademark, patent, publicity, privacy or other proprietary right of any third party. You further agree that you will not: (I) submit or publish falsehoods or misrepresentations that could damage Indian Summer or any third party; (II) submit User Content that is unlawful, obscene, profane, defamatory, libelous, threatening, pornographic, hateful, abusive, harassing, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iii) submit or publish documents or information that is the confidential or proprietary documents or information of any third party; or (iv) post advertisements or solicitations of business. Indian Summer reserves the right to remove, delete or refrain from publishing any User Content submitted by you without prior notice to you.
You agree that you will be solely responsible and liable for, and will indemnify Indian Summer and its officers, directors, employees and agents (“Released Parties”) from and against any losses, expenses, liabilities, claims, costs, and damages (“Claims”) arising from your submission of User Content, including, but not limited to, any Claims arising out of breach of the Site Terms or any Claims for infringement of copyright, trademark, patent or other proprietary rights.
6. Disclaimers / Limitation of Liability
By using and accessing the Application, you represent that you have reviewed the Terms of Service. Further, the Application is made available to you “AS IS,” without express or implied warranties of any kind, including but not limited to warranties of merchantability or fitness for a particular purpose. Indian Summer does not warrant or represent that access to the Application will be uninterrupted, or that the Application Content will be free from error. Indian Summer provides no express or implied assurances or warranties with respect to any goods or services advertised or otherwise depicted, or information provided, through the Application. The Application may contain various text, images, videos, audio recordings or other content created by third parties. Accordingly, such content is for your reference only and should not be relied upon by you for any purpose.
The Application may offer health, meditation, and related information, but such information is designed and provided for informational purposes only. No information on the Application is intended to convey medical advice and nothing on the Application constitutes or should be construed as the practice of medicine. You should not rely on any information provided on the Application as a substitute or replacement for professional medical advice, diagnosis and/or treatment FROM A LICENSED PHYSICIAN. You are urged to consult your physician before beginning any exercise program. By using Indian Summer meditations, you acknowledge that such use carries the potential risk of injury and that it is your sole responsibility to judge your capabilities and limits. By your use, you expressly waive and release any claim that you may have at any time for injury of any kind against Indian Summer, or any person or entity involved with Indian Summer. There have been reports in which people with certain psychiatric conditions have experienced a worsening in that condition in conjunction with meditation practice. People with existing mental health conditions should speak with their health care providers before starting a meditation practice. Indian Summer is not responsible for any actions or inaction on your part based on the information provided on the Application.
Indian Summer and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for damages of any kind incurred or alleged to have been incurred by you that are in any way related to the Application, or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in the Application. To the extent a jurisdiction does not allow the exclusion or limitation of liability of consequential or incidental damages, Indian Summer’s liability is limited to the fullest extent permitted by law in that jurisdiction.
7. Third Party Content
The Service may include content supplied by third parties (“Third Party Content”). Any opinions, advice, statements, offers or other information or content contained in such Third Party Content are those of the respective author(s) and not of Indian Summer. Indian Summer does not undertake or assume any obligation to monitor Third Party Content, does not guarantee or endorse the accuracy, completeness or reliability of any Third Party Content, and assumes no responsibility or liability that may arise from any Third Party Content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation.
8. Indemnification of Indian Summer For Any Violation of Site Terms
You agree to indemnify and hold harmless Indian Summer and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Site Terms or any breach by you of your representations and warranties hereunder. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Application or your use of the Application must be filed within one (1) year after such claim or cause of action arose, or such claim or cause of action is forever barred.
10. Severability of Terms / Entire Agreement
If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. The Terms represent the entire agreement between Indian Summer and you relating to the subject matter contained herein.
11. Term and Termination
This Agreement shall remain in full force and effect for so long as it is posted on or through the Application. You may terminate your subscription at any time by accessing your iTunes subscriptions: https://support.apple.com/en-us/ht202039. If you cancel your membership before the end of the applicable billing cycle, your account will be cancelled as of the following month.
Indian Summer reserves the right to terminate your account or your access to the Application immediately, with or without notice to you, and without liability to you, if we believe that you have breached any of the terms of this Agreement, furnished Indian Summer with false or misleading information, or interfered with use of the Service by others.
When you close or de-activate your account or if your account is otherwise terminated, we have the right, but not the obligation, to store your personal information, settings, saved and completed classes, and teachers you have followed. Unless we have exercised our right to terminate your account, you can re-activate your account at any time by contacting us.
12. Choice of Law / Jurisdiction
These Terms, and any dispute concerning or relating to your use of the Application, shall be governed by the laws of the United States and the State of North Carolina, without regard to conflict of laws principles. You consent to personal jurisdiction and venue in the state and federal courts located in Durham County, North Carolina, and you shall not commence or prosecute any action except in the foregoing courts.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
BY CONTINUING TO USE OUR APPLICATION, YOU AGREE TO ABIDE BY THESE TERMS. The caption to each Section of these Terms are for convenience of reference only and shall be ignored in the construction or interpretation hereof.
If you have any questions about the rights and restrictions above, please contact us at: firstname.lastname@example.org