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Website Terms of Use

For

www.spinningmandalas.com

Last Modified:  November 20, 2023

Acceptance of the Terms of Use


Welcome to the Spinning Mandalas App and website powered by Spinning Mandalas, LLC (“Company,” “we,” or “us”). These terms of use are entered into by and between You and Company. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively the "Terms of Use”), govern your access to and use of Spinning Mandalas app and www.spinningmandalas.com including any content, functionality and services offered on the Spinning Mandalas App (the"app") or www.spinningmandalas.com (the “Website”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the App and/or Website, you accept and agree to be bound and abide by these Terms of Use[ and our Privacy Policy, found in the Help Section, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. 

This App and Website is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this App and/or Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the App or Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. 

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. 

Accessing the Website and Account Security

We reserve the right to withdraw or amend this App and/or Website, and any service or material we provide on the App and/or Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the App and/or Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the App and/or Website, or the entire App and/or Website, to users, including registered users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the App and/or Website.
  • Ensuring that all persons who access the App and/or Website through your internet connection are aware of these Terms of Use and comply with them.

To access the App and/or Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the App and/or Website that all the information you provide on the App and/or Website is correct, current, and complete. You agree that all information you provide to register with this App and/or Website or otherwise, including, but not limited to, through the use of any interactive features on the App and/or Website, is governed by our Privacy Policy found in the Help Section page of this Website or in the menu of the App, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this App and/or Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The App and Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the App and/or Website for your personal use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • You may print and download your report, poster, and certificate.

You must not:

  • Modify copies of any materials from this app or site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the App and/or Website or any services or materials available through the App and/or Website. 

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the App and/or Website in breach of the Terms of Use, your right to use the App and/or Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the App and/or Website or any content on the App and/or Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the App and/or Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the terms, the Spinning Mandalas trademark, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this App and Website are the trademarks of their respective owners.

Prohibited Uses

You may use the App and/or Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the App and/or Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the app and/or site or interfere with any other party's use of the App and/or Website, including their ability to engage in real time activities through the App and/or Website.
  • Use any robot, spider, or other automatic device, process, or means to access the App and/or Website for any purpose, including monitoring or copying any of the material on the App and/or Website.
  • Use any manual process to monitor or copy any of the material on the App and/or Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the App and/or Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the App and/or Website, the server on which the App and/or Website is stored, or any server, computer, or database connected to the App and/or Website. 
  • Attack the App and/or Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the App and/or Website.

Monitoring and Enforcement; Termination


We have the right to:

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. 
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Reliance on Information Posted

We provide users with Spinning Mandalas™ (the “Services”). The information presented on or through the App and/or Website is made available solely for general information purposes and should not be construed as legal, accounting, investment or tax advice or opinion. We do not warrant the accuracy, completeness or usefulness of this information or the Services, which are provided “AS-IS”. Any reliance you place on such information or Services is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.  The Services may be modified or terminated without notice to you or any user.

Furthermore, this App and/or Website may link to or contain information from third parties. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the App and/or Website

We may update the content on this App and/or Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the App and/or Website may be out of date at any given time, and we are under no obligation to update such material. 

Information About You and Your Visits to the App and/or Website

All information we collect on this App and/or Website is subject to our Privacy Policy found in the Help Section of the App and Website. By using the App and/or Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 

Linking to the App and/or Website and Social Media Features

You may link to our homepage, 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. 

Links from the App and/or Website

If the App and/or Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. This App and Website does not warrant that any website linked from or to this App and/or Site is accurate, complete, reliable, current, or free. The fact that this App and/or Website provides a link to a third party’s website is not an endorsement, authorization, sponsorship, or affiliation with respect to that website, its owners, or its providers. When you purchase a product or service on the third party’s website, you understand and agree that you are purchasing that product or service directly from the third party and not this App and/or Website. If you decide to access any of the third party websites linked to this App and/or Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the App and Website is based in the State of Colorado in the United States. We provide this App and Website for use only by persons located in the United States. We make no claims that the App and/or Website or any of its content is accessible or appropriate outside of the United States. Access to the App and/or Website may not be legal by certain persons or in certain countries. If you access the App and/or Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the APp and/or Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP AND/OR WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP AND/OR WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE APP AND/OR WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP AND/OR WEBSITE IS AT YOUR OWN RISK. THE APP AND/OR WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP AND/OR WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APP AND/OR WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE APP AND/OR WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP AND/OR WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APP AND/OR WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP AND/OR WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APP, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE APP AND/OR WEBSITE OR SUCH OTHER APPS OR WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. 

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct [or death or bodily injury caused by products you purchase through the site].]

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the App and/or Website, including, but not limited to, your User Contributions, any use of the App and/or Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the App and/or Website.

Governing Law and Jurisdiction

All matters relating to the App and/or Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Oregon or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the App and/or Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado, in each case located in the City of Florence and County of Freemont. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Company's sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the App and/or Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Colorado law.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. 

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Spinning Mandalas, LLC. regarding the App and/or Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App and/or Website. 

Your Comments and Concerns

This app and website is operated by Spinning Mandalas, LLC. located at www.spinningmandalas.com.  All other feedback, comments, requests for technical support and other communications relating to the App and/or Website should be directed to: mike@spinningmandalas.com.

All notices of copyright infringement claims should be sent to the copyright agent at john@spinningmandalas.com. All other feedback, comments, requests for technical support, and other communications relating to the App and/or Website should be directed to: mike@spinningmandalas.com.


Thank you for visiting the App and/or Website.


Questions about the App and/or Website Terms of Use should be sent to us at mike@spinningmandalas.com.
Our contact information is posted below:
SPINNING MANDALAS LLC

(c) Spinning Mandalas 2022
mike@spinningmandalas.com
7185 Grand Cascade Point Colorado Springs CO 80922
(208) 573-8034
Business Registration: 1911628-91
VAT: 88-3111536

Spinning Mandalas LLC 2023

(mobile application patent pending)

Last Update: 11/20/2023