Last Updated: February 1, 2008
Acceptance of Terms
e-Effect, Inc. (the COMPANY) together with its partners, affiliates and contractors designs, develops and operates iHolistic.tv. The iHolistic.tv domain, all subdomains and any other domain, including but not limited to MyChoicesOnline.com, that the COMPANY redirects to iHolistic.tv are hereinafter collectively referred to as the WEBSITE. These Terms of Use set forth the terms and conditions that apply to anyone who accesses, browses, submits content or otherwise uses the WEBSITE and its content (the USER) including but not limited to text, graphics, images, audio, video and other material (the CONTENT).
PLEASE CAREFULLY REVIEW THESE TERMS OF USE AND THE PRIVACY POLICY WHICH IS INCORPORATED INTO THESE TERMS OF USE BY REFERENCE. BY USING THE WEBSITE YOU (THE USER) AGREE TO THESE TERMS OF USE JUST AS IF YOU HAD SIGNED AN AGREEMENT WITH THE COMPANY. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, PLEASE DISCONTINUE YOUR USE OF THE WEBSITE.
Medical, Health and Wellness Information Disclaimer
The WEBSITE provides CONTENT on many medical, health and wellness topics; however there is absolutely no assurance that any such CONTENT is correct, accurate or precise. The CONTENT provided on the WEBSITE is of a general nature and cannot substitute for professional medical advice, diagnosis or treatment. The USER should always seek the advice of a physician or other qualified health provider regarding a medical condition. The USER should never disregard professional medical advice or delay in seeking it because of CONTENT on the WEBSITE. The USER should always call his/her doctor or 911 in case of a medical emergency. The COMPANY does not recommend nor endorse any specific products, procedures, opinions, statements, advice or other CONTENT on the WEBSITE. Reliance on the WEBSITE, the CONTENT or other USERS is solely at the USER’S risk.
The WEBSITE may contain CONTENT that is sexually explicit. USERS who find this CONTENT offensive may not want to use the WEBSITE.
Use of Content
The CONTENT is protected by copyright under United States laws. Title to the CONTENT remains with the COMPANY or its licensors. The COMPANY grants the USER a personal, non-exclusive, non-transferable, revocable license to use the CONTENT, and to make limited copies of, or distribute small portions of the CONTENT as fall within the "Fair Use" provisions of the United States Copyright Act, provided all such uses are for noncommercial purposes. Except as otherwise expressly permitted in the Terms of Use, the USER may not:
The User may not access the WEBSITE by any means other than through the interface that is provided by the COMPANY. Furthermore, the USER may not use the WEBSITE in any manner that could damage, disable, overburden, or impair the WEBSITE, nor may the USER use the WEBSITE in any manner that could interfere with any other USER’S use and enjoyment of the WEBSITE. The USER is not permitted to retrieve and store in electronic or any other form any material part of the databases underlying the WEBSITE.
Any use of the CONTENT not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. All commercial and/or unauthorized use of the WEBSITE is strictly prohibited. All rights not expressly granted herein are reserved to the COMPANY and its licensors.
If the USER violates any of these Terms of Use, the USER’S permission to use the CONTENT automatically terminates and the USER must immediately destroy any copies made of any portion of the CONTENT.
Liability
The use of the WEBSITE and the CONTENT is at the USER’S own risk. When using the WEBSITE, information will be transmitted over a medium that may be beyond the control and jurisdiction of the COMPANY and its suppliers. Accordingly, the COMPANY assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the WEBSITE.
The CONTENT on the WEBSITE is for informational purposes only. The CONTENT is provided on an "As Is" and "As Available" basis, and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of fitness for a particular purpose). The COMPANY does not independently verify the accuracy or reliability of the CONTENT. The CONTENT may contain errors, problems or other limitations. The COMPANY’S sole and entire maximum liability for any inaccurate CONTENT, for any reason, and the USER’S sole and exclusive remedy for any cause whatsoever, shall be limited to the amount paid, if any, by the USER for the CONTENT received. The COMPANY is not liable for any indirect, special, incidental or consequential damages.
User Submissions
The personal information the USER submits to the WEBSITE is governed by the Privacy Policy. To the extent there is an inconsistency between the Terms of Use and the Privacy Policy, the Terms of Use shall govern.
The USER agrees not to upload or transmit any communications or CONTENT of any type, including but not limited to email, comments, forum, blog, audio and video posts, that infringe or violate any rights of any party. By submitting communications or content, the USER agrees that such submission is non-confidential for all purposes.
WHEN MAKING ANY SUBMISSION TO THE WEBSITE, THE USER AUTOMATICALLY GRANTS OR WARRANTS THAT THE OWNER OF SUCH CONTENT HAS EXPRESSLY GRANTED THE COMPANY A ROYALTY FREE, PERPETUAL, IRREVOCABLE, WORLD-WIDE NONEXCULSIVE LICENSE TO USE, REPRODUCE, CREATE DERIVATIVE WORKS FROM, MODIFY, PUBLISH, EDIT, TRANSLATE, DISTRIBUTE, PERFORM, AND DISPLAY THE COMMUNICATIONS OR CONTENT IN ANY MEDIA OR MEDIUM, OR ANY FORM, FORMAT OR FORUM NOW KNOWN OR HEREAFTER DEVELOPED. The COMPANY may sublicense its rights through multiple tiers of sublicenses. The USER shall only post or upload CONTENT that he/she created or has all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. Uploading media like images or video of other people without their permission is strictly prohibited.
By uploading any media, including but not limited to photos or video, to the WEBSITE, the USER warrants that he/she has permission from all persons appearing in the media for the USER to make this contribution and grant rights described herein. The USER shall not post media of or with a third party without the third party’s explicit permission.
The COMPANY strictly prohibits the uploading of CONTENT that contains expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms of Use.
The USER shall not upload any CONTENT that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or the WEBSITE.
The COMPANY reserves the right to review all CONTENT prior to submission to the WEBSITE and to remove any CONTENT for any reason, at any time, without prior notice, at the COMPANY’S sole discretion.
User Communications
The USER is solely responsible for his/her communications via the WEBSITE or the consequence of such communications including but not limited to comments, blogs, message boards, forums, chat rooms or email. The COMPANY is not responsible for the consequences of these communications.
For all communications via the WEBSITE the USER agrees that the following actions shall constitute a material breach of these Terms of Use:
The COMPANY reserves the right to edit or delete communications that constitute any of the aforementioned activities or to terminate access to the WEBSITE for any USER whose communications constitute any of the aforementioned activities at the COMPANY’S sole discretion.
Dealings with Third Parties
The USER’S business dealings with, or participation in events and services including, but not limited, to counseling sessions, workshops, classes, lectures and retreats of third parties found on or through the WEBSITE, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the USER and such third party. Any question, complaints or claims should be directed to the appropriate third party. The USER agrees that the COMPANY shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the WEBSITE.
Indemnity
The USER agrees to indemnify and hold the COMPANY, its officers, directors, employees, and agents harmless from and against any and all liability, losses, claims, demands or costs of any kind including reasonable attorneys' fees and costs of litigation, arising from:
You agree to defend, indemnify, and hold the COMPANY, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.
Jurisdiction
The Terms of Use as well as the relationship between the COMPANY and the USER shall be governed by the laws of the State of New York without regard to its conflict of law provisions.
Severability
If any provision in the Terms of Use should be held illegal or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from the Terms of Use if no such modification is possible, and the other provisions of the Terms of Use shall remain in full force and effect.
Changes to the Terms of Use
The Terms of Use may be updated by the COMPANY from time to time at the COMPANY’S sole discretion. Each time changes are made to the Terms of Use, a revised Terms of Use will be posted on the WEBSITE. The USER’S continued use of the WEBSITE, or any part thereof, following the posting of changes constitutes the USER’S acceptance of such changes. The USER shall periodically check the Terms of Use on the WEBSITE for such changes.
Complete Agreement
The Terms of Use constitute the entire agreement between the USER and the COMPANY and govern the use of the WEBSITE, superseding any prior agreements between the USER and the COMPANY. The USER also may be subject to additional terms and conditions that may apply when he or she uses or purchases certain other products or services of the COMPANY or third parties.
Expiration or Termination of the Terms of Use
The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.