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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 . | 0 |
in the event of such a breach , your right to use the products will cease immediately . | 1 |
4.4 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 of headspace . | 0 |
-lrb- a -rrb- all materials -lrb- including software and content whether downloaded or not -rrb- contained in the products are owned by headspace -lrb- or our affiliates and/or third party licensors , where applicable -rrb- , unless indicated otherwise . | 0 |
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 . | 0 |
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 . | 0 |
-lrb- b -rrb- 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 . | 0 |
-lrb- c -rrb- audio or video content from headspace not explicitly indicated as downloadable may not be downloaded or copied from the products or any device . | 0 |
-lrb- d -rrb- the products are not intended for your commercial use . | 0 |
commercial advertisements , affiliate links , and other forms of solicitation may be removed by us without notice and may result in termination of privileges . | 0 |
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 us . | 0 |
material from the products may not be copied or distributed , or republished , or transmitted in any way , without our prior written consent . | 0 |
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 . | 1 |
you agree not to use the products for illegal purposes -lrb- including , without limitation , unlawful , harassing , libelous , invasion of another 's privacy , abusive , threatening or obscene purposes -rrb- and you agree that you will comply with all laws , rules and regulations related to your use of the products . | 0 |
appropriate legal action may be taken for any illegal or unauthorized use of the products . | 0 |
-lrb- e -rrb- a limited amount of content may be marked and authorized for the user to share in their personal social channels -lrb- facebook , twitter , etc. -rrb- . | 0 |
with respect to content made available by headspace through the products that is specifically identified as available for distribution by you -lrb- `` distribution content '' -rrb- as part of your blog or other online commentary , analysis or review -lrb- `` user commentary '' -rrb- , headspace grants you a limited right to download , reproduce and distribute distribution content over the internet as part of your user commentary . | 0 |
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 -lrb- e.g. a change in video format or file size -rrb- provided such modification does not materially alter the substance or quality of such content . | 0 |
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 . | 0 |
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 . | 0 |
distribution content may contain trackers that enable us to collect information with respect to the distribution and consumption of such content . | 0 |
-lrb- f -rrb- 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 . | 0 |
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 . | 0 |
headspace will enforce its intellectual property rights to the fullest extent of the law , including the seeking of criminal prosecution . | 0 |
headspace ® , the headspace logo and all other headspace product or service marks are trademarks of headspace . | 0 |
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 . | 0 |
nothing grants you any license or right to use , alter or remove or copy such material . | 0 |
your misuse of the trademarks displayed on the products is strictly prohibited . | 0 |
headspace will enforce its trademark rights to the fullest extent of the law , including the seeking of criminal prosecution . | 0 |
6.1 although we aim to offer you the best service possible , we make no promise that the products will meet your requirements and we can not guarantee that the products will be fault free . | 0 |
if a fault occurs in the products , please report it to us at [email protected] and we will review your complaint and , where we determine it is appropriate to do so , correct the fault . | 0 |
if the need arises , we may suspend access to the products while we address the fault . | 0 |
we will not be liable to you if the products are unavailable for a commercially reasonable period of time . | 1 |
6.2 your access to the products may be occasionally restricted to allow for repairs , maintenance or the introduction of new facilities or products . | 1 |
we will restore the products as soon as we reasonably can . | 0 |
in the event that the products are unavailable , our usual order and cancellation deadlines apply ; please notify us of changes to your order by emailing [email protected] . | 0 |
7.1 the products may let you submit material to us : for example , you may be able to upload a photo to your profile , post subjects and comments in the community and comment on various matters in various parts of the products . | 0 |
you may be able to upload video , images or sounds . | 0 |
in these terms , we use the term `` user material '' to refer to any publically available material of any kind that you submit to us , including text , files , images , photos , video , sounds and musical or literary works . | 0 |
user material does not include the account information , product purchase , or product use information which you provide in registering for and using products . | 0 |
7.2 this section 7 sets out the rights and obligations that each of us have in connection with user material . | 0 |
if you review or submit user material , you are agreeing to do so in accordance with these terms . | 0 |
if you do not want to review or submit user material in accordance with these terms , then you should not do so . | 0 |
7.3 we do not systematically review user material submitted by you or other users . | 0 |
we are not responsible for the content of user material provided by you or any other user . | 0 |
we do not necessarily endorse any opinion contained in such material . | 0 |
we make no warranties or representations , express or implied , about user material , including as to its legality or accuracy . | 0 |
7.4 we reserve the right , in our sole discretion , to refuse to post or to remove or edit any of your user material , or to restrict , suspend , or terminate your access to all or any part of the products , particularly where user material breaches this section 7 , and we may do this with or without giving you any prior notice . | 1 |
7.5 we may link user material or parts of user material to other material , including material submitted by other users or created by headspace or other third parties . | 0 |
we may use user material for our internal business purposes , for example , to examine trends or categories or to promote , market or advertise headspace . | 0 |
you acknowledge that we may indirectly commercially benefit from use of your user material . | 0 |
7.6 each time you submit user material to us , you represent and warrant to us as follows : | 0 |
-lrb- a -rrb- you own your user material or have the right to submit it , and in submitting it you will not be infringing any rights of any third party , including intellectual property rights -lrb- such as copyright or trade mark -rrb- , privacy or publicity rights , rights of confidentiality or rights under contract . | 0 |
-lrb- b -rrb- your user material is not illegal , obscene , defamatory , threatening , pornographic , harassing , hateful , racially or ethnically offensive , and does not encourage conduct that would be considered a criminal offense , and does not give rise to civil liability , violate any law , or is otherwise deemed inappropriate . | 0 |
-lrb- c -rrb- your user material does not advertise any product or service or solicit any business . | 0 |
-lrb- d -rrb- your user material does not identify any individual -lrb- including by way or name , address or a still picture or video -rrb- under the age of 18 and if user material identifies any individual over the age of 18 , you have that person 's consent to being identified in exactly that way in your user material ; and in submitting your user material you are not impersonating any other person . | 0 |
-lrb- e -rrb- you will not collect usernames and/or email addresses of users for the purpose of sending unsolicited email . | 0 |
-lrb- f -rrb- you will not engage in criminal or tortious activity , including fraud , spamming , spimming , sending of viruses or other harmful files , copyright infringement , patent infringement , or theft of trade secrets or attempt to impersonate another user or person . | 0 |
-lrb- g -rrb- you will not engage in any automated use of the system , such as using scripts to alter our content . | 0 |
-lrb- h -rrb- you will not , without authorization , access , tamper with , or use non-public areas of the products , headspace 's computer systems , or the technical delivery systems of headspace 's providers . | 0 |
-lrb- i -rrb- except as necessary to maintain your own computer security by use of commercial-off-the-shelf anti-virus or anti-malware products , you will not attempt to probe , scan , or test the vulnerability of the products or any other headspace system or network or breach any security or authentication measures . | 0 |
7.7 we are entitled to identify you to third parties who claim that their rights have been infringed by user material you have submitted . | 0 |
7.8 user material is not considered to be confidential . | 0 |
you agree not to submit any content as user material in which you have any expectation of privacy . | 0 |
we do not claim any ownership rights in user material . | 0 |
however , by submitting user material you hereby grant headspace an irrevocable , perpetual , non-exclusive , royalty free , worldwide license to use , telecast , copy , perform , display , edit , distribute and otherwise exploit the user material you post on the products , or any portion thereof , and any ideas , concepts , or know how contained therein , with or without attribution , and without the requirement of any permission from or payment to you or to any other person or entity , in any manner -lrb- including , without limitation , for commercial , publicity , trade , promotional , or advertising purposes -rrb- and in any and all media now known or hereafter devised , and to prepare derivative works of , or incorporate into other works , such user material , and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party . | 0 |
headspace may include your user material in headspace 's distribution content that is made available to others through the products . | 0 |
be aware that headspace has no control over user material once it leaves the products , and it is possible that others may duplicate material found on the products , including , but not limited to , on other sites on the internet . | 0 |
you represent and warrant that you own or otherwise control the rights to your user material . | 0 |
you agree to indemnify headspace and its affiliates for all claims arising from or in connection with any claims to any rights in your user material or any damages arising from your user material . | 0 |
7.9 any inquiries , feedback , suggestions , ideas , other information which is not part of your use of the products or user material that you provide to us -lrb- collectively , `` submissions '' -rrb- will be treated as non-proprietary and non-confidential . | 0 |
by transmitting , uploading , posting , e-mailing , or otherwise submitting submissions to the products , you grant , and you represent and warrant that you have the right to grant , to headspace an irrevocable , perpetual , non-exclusive , royalty free , worldwide license to use , telecast , copy , perform , display , edit , distribute and otherwise exploit the submissions , or any portion thereof and any ideas , concepts , or know how contained therein , with or without attribution , and without the requirement of any permission from or payment to you or to any other person or entity , in any manner -lrb- including , without limitation , for commercial , publicity , trade , promotional , or advertising purposes -rrb- and in any and all media now known or hereafter devised , and to prepare derivative works of , or incorporate into other works , such submissions , and to grant and authorize sublicenses of the foregoing without any payment of money or any other form of consideration to you or to any third party . | 0 |
you also acknowledge that your submissions will not be returned to you and that headspace has no obligation to acknowledge receipt of or respond to any submissions . | 0 |
if you make a submission , you represent and warrant that you own or otherwise control the rights to your submission . | 0 |
you agree to indemnify headspace and its affiliates for all claims arising from or in connection with any claims to any rights in any submission or any damages arising from any submission . | 0 |
8.1 we may provide links to other websites or services for you to access . | 0 |
you acknowledge that any access is at your sole discretion and for your information only . | 0 |
we do not review or endorse any of those websites or services . | 0 |
we are not responsible in any way for : -lrb- a -rrb- the availability of , -lrb- b -rrb- the privacy practices of , -lrb- c -rrb- the content , advertising , products , goods or other materials or resources on or available from , or -lrb- d -rrb- the use to which others make of these other websites or services . | 0 |
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 . | 1 |
8.2 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 . | 0 |
you must not establish a link from any website that is not owned by you . | 0 |
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 headspace . | 0 |
we reserve the right to withdraw linking permission with written notice . | 0 |
the website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy . | 0 |
if you wish to make any use of material on or in the products other than that set out above , please address your request to [email protected] . | 0 |
the information contained in the products is for general information purposes only . | 0 |
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 . | 0 |
any reliance you place on such information is therefore strictly at your own risk . | 0 |
10.1 headspace is a provider of online and mobile meditation content in the health & wellness space . | 0 |
we are not a health care or medical device provider , nor should our products be considered medical advice . | 0 |
only your physician or other health care provider can do that . | 0 |
while there is third party evidence from research that meditation can assist in the prevention and recovery process for a wide array of conditions as well as in improving some performance and relationship issues , headspace makes no claims , representations or guarantees that the products provide a therapeutic benefit . | 0 |
10.2 any health information and links on the products , whether provided by headspace or by contract from outside providers , is provided simply for your convenience . | 0 |
10.3 any advice or other materials in the products are intended for general information purposes only . | 0 |
they are not intended to be relied upon and are not a substitute for professional medical advice based on your individual condition and circumstances . | 0 |
the advice and other materials we make available are intended to support the relationship between you and your healthcare providers and not replace it . | 0 |
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 . | 1 |
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 . | 0 |
10.4 there have been rare reports where people with certain psychiatric problems like anxiety and depression have experienced worsening conditions in conjunction with intensive meditation practice . | 0 |
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