Effective Date: 30.March.2014
Please use the Sadhana Journal App and enjoy it. Please note your health and wellbeing is your responsibility and although we are providing a platform to enable you to do your practice where and when you please, we cannot assume any responsibility for how you use the app or any injuries you sustain as a result of doing your practice. Please also note that your invitation is subject to your review and agreement with these Terms of Service. This document describes in detail your rights and obligations and ours too, relating to the provision of the Service and the operation of the Sadhana Journal App, so please review these Terms with care and attention.
The Sadhana Journal App Service consists of Sadhana Journal App Software (as defined below), services and web site hosted or made available by Sadhana Journal App, which enable you to compile your Kundalini Yoga practice on multiple computer devices and systems (collectively, the “Service”). In exchange for being enabled to use the Service, you agree to abide by these Terms.
You are one party to this contract, the other party to this contract is Eyelash Art P/L trading as Sadhana Journal App.
It depends upon how you interact with the Sadhana Journal App and our software applications. If you install Sadhana Journal App, on your computing devices, you may be asked to agree to an end user license agreement.
Almost certainly, undoubtedly, due to changes in our Sadhana Journal App Service and the laws that apply to us and you. If we make a change, we’ll do our best to provide you with advance notice, although in some situations, such as where a change is required to satisfy applicable legal requirements, an update to these Terms may need to be effective immediately. We’ll announce changes on our site, and we also may elect to notify you of changes by sending an email to the address you have provided to us. We will also try to explain the reasons for the change.
If we do update these Terms, you are free to decide whether to accept the terms or to stop using our Service (see “How does My Account close” below); your continued use of the Service after the effectiveness of that update will be deemed to represent your agreement with, and consent to be bound by, the new Terms. Except for changes made by us as described here, no other amendment or modification of these Terms shall be effective unless set forth in a written agreement bearing a written signature by you and us. For clarity, email or other communications will not constitute an effective written agreement for this purpose.
First, you need to create an Sadhana Journal App account. You create an account by providing us with an useable username and email address, and creating a password. We refer to this as your “Profile” We encourage you to use a distinct and unique username and password combination that is different from what you use for other services. You are responsible for maintaining the accuracy, completeness and confidentiality of your Profile Account Information, and you will be responsible for all activities that occur under your profile account, including activities of others to whom you have provided your Account Information. We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your Account Information secure. If you discover any unauthorized use of your Account Information or suspect that anyone may be able to access your private content, you should immediately change your password and notify us through firstname.lastname@example.org
Second, although you may use Sadhana Journal App, with only a web browser (not yet available 30.04.14), in order to use Sadhana Journal App, on your computing devices, you’ll need to install our client software on your iPad and iPhones. Obtaining those devices and paying for their connectivity and data plans is your responsibility. Sadhana Journal App also has no responsibility for the availability of the Internet and other telecommunication services necessary to access the Service.
Sadhana Journal App accounts should not be shared. If you share your Profile Account Information with anyone, that other person may be able to take control of the account, and we may not be able to determine who is the proper account holder. We will not have any liability to you (or anyone you share your Account Information with) as a result of your or their actions under those circumstances. We strongly urge you not to share your Profile Account Information with anyone, unless you are doing so as part of your estate planning purposes, as discussed below.
Once your account is created and you accept these terms, we grant you a limited, non-exclusive license to use the Sadhana Journal App service subject to these terms, for so long as you are not barred from receiving the service under the laws applicable to you, until you close your account voluntarily or until we close your account pursuant to these Terms. In addition, we grant you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Sadhana Journal App software provided to you by or on behalf of Sadhana Journal App, for the sole purpose of enabling you to use the Sadhana Journal App Software and enjoy the benefit of the Service, subject to any applicable license terms provided with the Sadhana Journal App software and these terms, until your rights are terminated in accordance with such license and/or these terms. You do not obtain any other right or interest in Sadhana Journal App or the Service.
You retain copyright and any other rights you already held in your Content before you submitted, posted or displayed it on or through the Service. But you do have to grant Sadhana Journal App a limited license, as described below, so we can make your data accessible and usable on the Sadhana Journal App service. Other than this limited license and other rights you grant in these terms, Sadhana Journal App acknowledges and agrees that we do not obtain any right, title or interest from you under these terms in any of your content.
In order to enable Sadhana Journal App to operate the service, we must obtain from you certain license and other rights to the content you submit so that our processing, maintenance, storage, technical reproduction, back-up and distribution and related handling of your content doesn’t infringe applicable copyright and other laws. This means that by using the Service and uploading content, you grant Sadhana Journal App a license to display, perform and distribute your Content and to modify (for technical purposes, e.g., making sure content is viewable on smart phones as well as computers and other devices) and reproduce such content to enable Sadhana Journal App to operate the service. You also agree that Sadhana Journal App has the right to elect not to accept, post, store, display, publish or transmit any content in our sole discretion.
You agree that these rights and licenses are royalty free, irrevocable and worldwide (for so long as your content is stored with us), and include a right for Sadhana Journal App to make such content available to, and pass these rights along to, others with whom Sadhana Journal App has contractual relationships related to the provision of the Sadhana Journal App service, solely for the purpose of providing such services, and to otherwise permit access to or disclose your content to third parties if Sadhana Journal App determines such access is necessary to comply with its legal obligations.
If you elect to use any third party service or application that is integrated with Sadhana Journal App, you also agree that the licenses granted to Sadhana Journal App in the preceding paragraph shall apply to content that is submitted or uploaded through such third party service or application. If the third party service or application you elect to use would access or extract content, you grant Sadhana Journal App the right and license to enable such access to and extraction of your content. Sadhana Journal App does not assume any responsibility for, or liability on account of, the actions or omissions of such third party applications or service providers.
In as much as we rely upon your rights to upload and distribute your content, you represent and warrant to Sadhana Journal App that you have the unfettered legal rights and authority to submit your content to Sadhana Journal App, to grant the rights granted to Sadhana Journal App under these terms and to make any publication or other distribution of that content in your use of the service. You also represent to us that, by submitting content to Sadhana Journal App and granting Sadhana Journal App the rights described in these terms, you are not infringing the rights of any person or third party.
Finally, you understand and agree that Sadhana Journal App, in performing the required technical steps to provide the Service to our users, may make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services or media.
Yes. Your use of the service must be in accordance with these terms. When it comes to your use of Sadhana Journal App, you agree that you are responsible for your own conduct and all conduct under your account. This means all content – such as text, images, software, videos and anything else you can think of, no matter what the form or technical structure (collectively, “content”) – created, transmitted, stored or displayed in your account, is your sole responsibility as the person who created the content or introduced it into the Service. This applies whether the content is kept private, shared or transmitted using the Service or any third party application or services integrated with the Sadhana Journal App service. The user guidelines provide more specific details regarding the appropriate conduct on the service. If we find that any shared content in your account violates our Terms of Service (including by violating another person’s intellectual property rights), we reserve the right to unshare or take down such content.
Of course we do. They’re described here:
Sadhana Journal App content rights
While you own the Content you store with the Sadhana Journal App service, you acknowledge and agree that Sadhana Journal App (and our licensors) own(s) all legal right, title and interest in and to the Service, including, without limitation, all software comprising a part of the Service that is hosted on Sadhana App’s servers and all software deployed by or any of the Sadhana Journal App software applications for compatible computing devices that enable access and use of the Service through such device (the “Sadhana Journal App Software”).
Intellectual property rights
In agreeing to these Terms, you also agree that the rights in the Service and Sadhana Journal App Software, including all intellectual property rights, such as trademarks, patents, industrial designs and copyrights, are protected by one or more of copyright, trademark, patent, trade secret and other laws, regulations and treaties, in addition to these Terms and any Separate Agreement. In particular, you agree to not modify, create derivative works of, decompile or otherwise attempt to extract source code from any Sadhana Journal App Software, unless you are expressly permitted to do so under an open source license or we give you express written permission.
Right to modify the service
We retain the right, in our sole discretion, to implement new elements as part of and/or ancillary to the Service and any Sadhana Journal App Software, including changes that may affect the previous mode of operation of the Service. We expect that any such modifications will enhance the overall Service, but it is possible that you may not agree with us. We also reserve the right to establish limits to the nature or size of storage available to you, the number of kriyas, journal entries and size and voice recording length, the nature or size of any index or library information, the nature of, or your continued ability to access or distribute, your Content and other data, and impose other limitations at any time, with or without notice. For example, if you use the Sadhana Journal App service, you will not enjoy all of the benefits provided to subscribers of the Sadhana Journal App Premium service.
You also acknowledge that a variety of Sadhana Journal App actions may impair or prevent you from accessing your Content or using the Service at certain times and/or in the same way, for limited periods or permanently, and agree that Sadhana Journal App has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Content. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Service. However, if you are a subscriber for Sadhana Journal App Premium, and find that any such modifications or interruption of the Service adversely affects you, you may notify our Customer Support team, explain the adverse impact the modification has created and, if you desire, request a termination of your Service. Upon receipt of any such request, we will endeavor to promptly remedy the adverse impact caused by the modification, extend the duration of your Service subscription for a period of time equal to the interruption and/or refund a portion of your Service subscription fee equal to the remaining unused term of the Service subscription, as we determine appropriate.
Right to engage third parties.
Right to use third-Party software.
Sadhana Journal App may from time to time include as part of the Service and Sadhana Journal App Software computer software supplied by third parties which is utilized by permission of the respective licensors and/or copyright holders on the terms provided by such parties. We provide information about some of this third party software here. Sadhana Journal App expressly disclaims any warranty or other assurance to you regarding such third party software.
Right to update our software.
In connection with any modification of the service, Sadhana Journal App may automatically download software updates on your computers and devices from time to time with the intention of improving, enhancing, repairing and/or further developing the Service. Sadhana Journal App will endeavor to provide you with the option of whether or not to install the update; however, in certain circumstances (e.g., security risks), Sadhana Journal App may require you to install the update to continue accessing the service. In all cases, you agree to permit Sadhana Journal App to deliver these updates to you (and you to receive them) as part of your use of the service.
We respond to clear and complete notices of alleged infringement of copyright, trademark or other intellectual property laws that satisfy the requirements in these Terms. If you believe that your intellectual property rights have been violated, please notify our Compliance team through our IP Rights Compliance Program and we will investigate. Note that each owner of intellectual property is responsible for protecting their rights and taking any legal or other action they determine to be appropriate to do so, and Sadhana Journal App does not accept any obligation to take any particular action to enforce or protect any party’s intellectual property rights.
The Sadhana Journal App Service is available worldwide, but our data processing operations take place in the United States. If you use the Service, you acknowledge that you may be sending electronic communications (including your personal account information and Content), through computer networks owned by Sadhana Journal App and third parties located in Australia and other locations in the United States and other countries. As a result, your use of the Service will likely result in interstate and possibly international data transmissions, and your use of the Service shall constitute your consent to permit such transmissions.
You may close your account with our Service at any time, for any reason (or no reason at all), and you don’t even have to give us notice. However, if you desire to deactivate your account you need to take certain specific steps, which are described in our Knowledge Base article entitled “How do I deactivate my account and remove its data?”.
Sadhana Journal App may suspend access to your account, or close your account, with or without notice according to these Terms. Reasons for Sadhana Journal App suspending or closing your account may include, without limitation: (i) breach or violation of these Terms or any Separate Agreement, (ii) an extended period of inactivity (determined in Sadhana App’s sole discretion), (iii) your nonpayment of any fees or other sums due Sadhana Journal App or any other party related to your use of the Service, (iv) the discontinuance or material modification of the Service (or any part thereof) or (vi) unexpected technical or security issues or problems.
In most cases, in the event we elect to close your account, we will provide at least 30 days advance notice to you at the email address you have provided to us, so you have a chance to retrieve any Content stored on the Service servers (unless we determine that we are legally prohibited from enabling you to do so). After the expiration of this notice period, you will no longer be able to retrieve Content contained in that account or otherwise use the Service through that account.
Sadhana Journal App’s pledge to protect the privacy of your Content will continue, even after your death or incapacity. If you wish to enable someone to have access to your Content or Account Information after you are no longer able to provide them access, you need to implement a process for providing your Account Information to them. We will not provide your Account Information, or your Content, to anyone, even next of kin, unless we determine that we are legally obligated to do so. We encourage you to include your Account Information, with instructions on how to access your Content, in your will or other estate plans, so that anyone you wish to have access to your account will have the means to do so. Please see our Commercial Terms for information on terminating payment for Premium Services upon death or incapacity.
When you submit any ideas, suggestions, documents and/or proposals relating to the Service (or other products or services) to Sadhana Journal App through the “Contact Us,” or through any other mechanism (collectively, “Contributions”), you acknowledge and agree that: (i) your Contributions do not contain confidential or proprietary information; (ii) Sadhana Journal App is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iii) Sadhana Journal App shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way; (iv) Sadhana Journal App may have something similar to the Contributions already under consideration or in development; (v) your Contributions automatically become the property of Sadhana Journal App without any obligation of Sadhana Journal App to you; and (vi) you are not entitled to any accounting, compensation or reimbursement of any kind from Sadhana Journal App under any circumstances.
Our business model is to make the Service so valuable that our users will want to pay for the Sadhana Journal App Premium Service. However, we may display advertisements and promotions on or in connection with the Service, some of which may be paid for by third parties. We also provide announcements within the Sadhana Journal App Software. These messages may promote other Sadhana Journal App products and services, events, demonstrate various uses of our Service and promote certain third party applications and services that work with Sadhana Journal App. We pledge to you that we will not engage in any data mining of your information or Content in order to target advertising at you.
In as much as some advertising or other messaging content we provide will be based upon information provided by third parties, we shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any advertisements or other messages. Furthermore, your interactions with advertisers found on or through the Service, including, without limitation, all reliance upon advertising, all commercial transactions and legal obligations associated therewith, are solely between you and such advertisers.
Third-Party Links, Content and Programming.
We may include or recommend third party resources, materials and developers and/or links to third party websites, content and applications as part of, or in connection with, the Service. We may have little or no control over such sites or developers and, accordingly, you acknowledge and agree that (i) we are not responsible for the availability of such external sites, content or applications; (ii) we are not responsible or liable for any content or other materials or performance available from such sites or applications and (iii) we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, materials or applications.
You agree to indemnify and hold Sadhana Jounral App, its subsidiaries, affiliates, officers, agents, employees, advertisers and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any third party claims relating to your use of any of the Service, any violation of these Terms of Service or any other actions connected with your use of the Service (including all actions taken under your account). In the event of such claim, we will provide notice of the claim, suit or action to the contact information we have for the account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.
To the maximum extent permitted by law, the Service Is Available “As Is.” YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE AND THE PURCHASE AND USE OF ANY PRODUCTS ARE ALL AT YOUR SOLE RISK. THE SERVICE IS PROVIDED AND PRODUCTS ARE SOLD ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SADHANA JOURNAL APP EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) SADHANA JOURNAL APP DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ALL ERRORS IN THE SOFTWARE OR SERVICE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SADHANA JOURNAL APP OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SADHANA JOURNAL APP, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF SADHANA JOURNAL APP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, PRODUCTS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE, OR PROVIDING ANY SERVICES RELATED TO THE OPERATION OF THE SERVICE OR RELATED TO THE EVERNOTE MARKET; (v) SADHANA JOURNAL APP’s ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (vi) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; (vii) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE SERVICE OR OFFERING PRODUCTS IN THE EVERNOTE MARKET; (viii) ANY ADVERTISING CONTENT OR YOUR PURCHASE OR USE OF ANY ADVERTISED OR OTHER THIRD-PARTY PRODUCT OR SERVICE; (ix) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS OF SERVICE; OR (x) ANY OTHER MATTER RELATING TO THE SERVICE.
Exclusions and Limitations.
NOTHING IN THESE TERMS OF SERVICE (INCLUDING THE LIMITATION OF LIABILITY PROVISIONS) IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY WILLFUL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIABILITY AND OTHER LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
This is another reason why it’s important for you to make sure your Account Information is accurate, complete and up to date. We may provide you with notices by email, regular mail or postings on the web site(s) related to the affected Service.
Except where these Terms or any Separate Agreement specifically provide for use of a different means or address for notice, any notice to Sadhana Journal App must be delivered by email to email@example.com. This email address may be updated as part of any update to these Terms of Service. If you are unable to deliver notice via email, you may send a notice to us at the following address (as applicable to your Service provider):
Sadhana Journal App 12 Ramsgate Avenue, Bondi Beach NSW 2026 Australia Attention: Creative
A couple of final, but we think important, points. First, these Terms constitute the entire agreement between you and Sadhana Journal App and govern your use of the Service, except, and then only to the extent that you have entered into a Separate Agreement. These Terms supercede any prior agreements or earlier versions of these Terms between you and Sadhana Journal App for the use of the Service. If, through accessing or using the Service, you utilise or obtain any product or service from a third party, you may additionally be subject to such third party’s terms and conditions applicable thereto, and these Terms shall not affect your legal relationship with such third party.
Second, you acknowledge and agree that each affiliate of Sadhana Journal App shall be a third party beneficiary to these Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of these Terms which confers a benefit on (or provides rights in favor of) them. Other than this, no other person or company shall be a third party beneficiary to these Terms.
Finally, the section headings in these Terms of Service are for convenience only and have no legal or contractual effect.