By using this website, you agree to be legally bound by
all of the terms of this Agreement. We reserve the right
to change the terms of this Agreement or to change,
modify or otherwise alter any features of this website
at any time and for any purpose without notice. You
should visit this page regularly and review this
Agreement for the current terms of this Agreement, since
your continued access or use of the website will be
deemed as an irrevocable acceptance of any such changes,
modifications or alterations. Areas of this website
within the proprietary online service offered by
Positive Vibration Academy may be subject to additional
terms and conditions, which you should read carefully
before making any use of those areas. Any such terms
will not vary or replace the terms of this Agreement
regarding any use of this website, unless otherwise
expressly stated.
By using this website you represent and warrant that you
have legal capacity to enter into this Agreement (i.e.,
that you are of sufficient age and mental capacity and
are otherwise entitled to be legally bound in contract).
You represent that you have read and agree to abide by
this Agreement, and that you have read our Privacy
Policy. Additionally, by using the website, you
acknowledge and agree that Internet transmissions are
never completely private or secure. You understand that
any message or information you send to the website may
be read or intercepted by others, even if there is a
special notice that a particular transmission (for
example, credit card information) is encrypted.
In accessing this website or certain of the resources on
the website, you may be asked to provide registration
details. It is a condition of use of this website that
all the details you provide will be correct, current,
and complete. If Positive Vibration Academy believes the
details are not correct, current, or complete, we have
the right to refuse you access to the website or any of
its resources.
4. Copyrights and
Trademarks
(a) This website and all materials incorporated on this
website (including, but not limited to text,
photographs, graphics, video and audio content) are
protected by copyrights, patents, trade Positive
Vibration Academy's or other proprietary rights under
laws of Australia and other countries. Some of
the characters, logos or other images incorporated by
Positive Vibration Academy on this website are also
protected as registered or unregistered trademarks,
trade names and/or service marks owned by or licensed to
Positive Vibration Academy, including, without
limitation, Positive Vibration Academy®, Positive
Vibration Academy logo®, The Magic™, The Power™ and The
Power love particle ("Trademarks").
(b) Any use of the "Link To Positive Vibration Academy"
linking feature may be used only as specifically
described on the website. No banner or text link may be
modified, and no Trademark contained therein may be
copied, extracted or otherwise separately used. If you
link to our web site, (i) you should not imply that we
or any of our affiliates (for purposes of this Agreement
only, "our affiliates" includes "Positive
Vibration Academy") are endorsing you or your
products or services, (ii) you should not imply an
affiliation between your company and us or any of our
affiliates without prior written consent from us or our
affiliate, as the case may be, (iii) you should not
misrepresent your relationship with us or any of our
affiliates or present false or misleading impressions
about Positive Vibration Academy products or those of
our affiliates, (iv) your website or banners should not
contain content that may be interpreted as distasteful,
obscene, libellous, defamatory, pornographic or offensive
and should be appropriate for all age groups, (v) your
website or banners should not contain content that would
violate any laws, (vi) your website or banners should
not promote MLM, pyramid schemes, Get-Rich-Quick
programs or similar types of business or schemes, and
(vii) you agree that the link may be removed at any time
upon our request pursuant to our reserved rights to
rescind our consent to allow the link.
(c) All Positive Vibration Academy Gifts, including
Positive Vibration Academy Printable PDF's, Positive
Vibration Academy Wallpaper and Positive Vibration
Academy Screensavers, are intended only for personal use
and may not be sold, reproduced or otherwise
disseminated.
5. Restrictions on
Use of Materials
(a) Except as expressly provided elsewhere by this
website, you may not copy, reproduce, distribute,
publish, enter into a database, display, perform,
modify, create derivative works, transmit, or in any way
exploit any part of this website, except that you may
access and display material and all other content
displayed on this website for non-commercial, personal,
entertainment use on a single computer only. Without
limiting the generality of the foregoing, you may not
distribute any part of this website over any network,
including a local area network, nor sell or offer it for
sale. In addition, these files may not be used to
construct any kind of database. Except as expressly
provided elsewhere by this website, any authorization to
copy material granted by Positive Vibration Academy in
any part of this website for any reason is restricted to
making a single copy for non-commercial, personal,
entertainment use on a single computer only, is subject
to your keeping intact all copyright and other
proprietary notices, and use of any material on any
other website or networked computer environment is
prohibited. Also, decompiling, reverse engineering,
disassembling, or otherwise reducing the code used in
any software on this website into a readable form in
order to examine the construction of such software
and/or to copy or create other products based (in whole
or in part) on such software, is prohibited.
(b) Positive Vibration Academy respects the intellectual
property rights of others and asks users of this website
to do the same.
6. Purchases; Other
Terms and Conditions
(a) Additional terms and conditions may apply to
purchases of goods or services and to specific portions
or features of the website, including contests,
promotions or other similar features, all of which terms
are made a part of this Agreement by this reference. You
agree to abide by such other terms and conditions,
including where applicable representing that you are of
sufficient legal age to use or participate in such
service or feature. If there is a conflict between this
Agreement and the terms posted for or applicable to a
specific portion of the website or for any service
offered on or through the website, the latter terms
shall control with respect to your use of that portion
of the website or the specific service.
(b) Positive Vibration Academy's obligations, if any,
with regard to its products and services are governed
solely by the agreements pursuant to which they are
provided, and nothing on this website should be
construed to alter such agreements.
7. Disclaimer of
Warranties
Your use of this website is at your own risk. This
website and all the materials, information, software,
facilities, services and other content in this website
are provided "as is" and "as available" without
warranties of any kind, either express or implied. To
the fullest extent permissible pursuant to applicable
law, Positive Vibration Academy disclaims all
warranties, express or implied, including, but not
limited to, implied warranties of merchantability,
fitness for a particular purpose and non-infringement.
Positive Vibration Academy does not warrant that the
functions contained in this website will be available,
uninterrupted or error-free, that defects will be
corrected, or that Positive Vibration Academy's websites
or the servers that make them available are free of
viruses or other harmful components. Positive Vibration
Academy does not warrant or make any representations
regarding the use or the results of the use of the
material, information, software, facilities, services or
other content in this website or any sites linked to
this website in terms of their correctness, accuracy,
reliability, or otherwise. Positive Vibration Academy
makes no warranties that your use of the materials,
information, software, facilities, service or other
content in this website will not infringe the rights of
others and Positive Vibration Academy assumes no
liability or responsibility for errors or omissions in
such materials, information, software, facilities,
service or other content of this website. If applicable
law does not allow the exclusion of some or all of the
above implied warranties to apply to you, the above
exclusions will apply to you only to the extent
permitted by applicable law.
The information contained in any books, movies or other
products sold, provided or promoted on this website are
intended to be educational. This information is not for
diagnosis, prescription, treatment or resolution of any
health disorder or financial matters whatsoever. This
information should not replace consultation with a
competent professional. The content of these products is
intended to be used as an adjunct to a rational and
responsible program prescribed by an appropriate
professional. Positive Vibration Academy, its affiliates
and any authors, producers, sellers and publishers of
these products are in no way liable for any misuse of
the material they contain.
8. Limitation of
Liability
Positive Vibration Academy does not accept any liability
for any loss or damage (direct, indirect, punitive,
actual, consequential, incidental, special, exemplary or
otherwise) resulting from any use of, or inability to
use, this website or the material, information,
software, facilities, services or other content on this
website, regardless of the basis upon which liability is
claimed and even if Positive Vibration Academy has been
advised of the possibility of such loss or damage.
Without limitation, you (and not Positive Vibration
Academy) assume the entire cost of all necessary
servicing, repair or correction in the event of any such
loss or damage arising. If applicable law does not allow
all or any part of the above limitation of liability to
apply to you, the limitations will apply to you only to
the extent permitted by applicable law.
9. Creative
Submissions, Postings, Emails and Communications
(a) Positive Vibration Academy does not accept
unsolicited submissions of concepts, creative ideas,
suggestions, stories, or other potential content. This
is to avoid the possibility of future misunderstanding
when projects developed by Positive Vibration Academy
staff or representatives might seem to others to be
similar to the submitted concepts, creative ideas,
suggestions, stories or other potential content.
Therefore, please do not send Positive Vibration Academy
any unsolicited submissions.
(b) From time to time, areas on this website may
expressly request submissions of concepts, creative
ideas, suggestions, stories, or other potential content
from you ("Invited Submissions"). Where this is the
case, please carefully read any specific rules or other
terms and conditions which appear elsewhere on this
website to govern those submissions ("Additional
Terms"), since they will affect your legal rights. If no
Additional Terms govern those submissions, then this
Agreement will apply in full to any Invited Submissions
you make.
(c) In any event, no material you send to us will be
treated as confidential.
(d) Please act responsibly when using this website. You
may use this website and its contents only for lawful
purposes and in accordance with applicable law and you
are prohibited from storing, distributing or
transmitting any unlawful material through this website.
You may not collect or store personal information
regarding other users. You recognize that storing,
distributing or transmitting unlawful material could
expose you to criminal and/or civil liability. You agree
that if a third party claims that material you have
contributed to the website is unlawful, you will bear
the burden of establishing that it is lawful. You
understand and agree that all materials publicly posted
(other than by Positive Vibration Academy) or privately
transmitted on or through this website are the sole
responsibility of the sender, not Positive Vibration
Academy, and that you are responsible for all material
you upload, post or otherwise transmit to or through
this website.
(e) Positive Vibration Academy requires that you do not
post e-mails or submit to us or otherwise make available
on this website any content, or act in a way, which in
our opinion:
(i) libels, defames, invades privacy, stalks, is
obscene, pornographic, racist, abusive, harassing,
threatening or offensive;
(ii) seeks to exploit or harm children by exposing them
to inappropriate content, asking for personally
identifiable details or otherwise;
(iii) infringes any intellectual property or other right
of any entity or person, including violating anyone's
copyrights or trademarks or their rights of publicity;
(iv) violates any law or may be considered to violate
any law;
(v) you do not have the right to transmit under any
contractual or other relationship (e.g., inside
information, proprietary or confidential information
received in the context of an employment or a
non-disclosure agreement);
(vi) advocates or promotes illegal activity;
(vii) impersonates or misrepresents your connection to
any other entity or person or otherwise manipulates
headers or identifiers to disguise the origin of the
content;
(viii) advertises any commercial endeavor (e.g.,
offering for sale products or services) or otherwise
engages in any commercial activity (e.g., conducting
raffles or contests, displaying sponsorship banners,
and/or soliciting goods or services) except as
specifically authorized on this website;
(ix) solicits funds, advertisers or sponsors;
(x) includes programs which contain viruses, worms
and/or "Trojan horses" or any other computer code, files
or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or
telecommunications;
(xi) disrupts the normal flow of dialogue, causes a
screen to scroll faster than other users are able to
type, or otherwise act in a way which affects the
ability of other people to engage in real time
activities via the website;
(xii) copies any other pages or images on this website
except with appropriate authority;
(xiii) amounts to a "pyramid" or similar scheme;
(xiv) disobeys any policy or regulations established
from time to time regarding use of this website or any
networks connected to this website; or
(xv) contains links to other sites that contain the kind
of content that falls within the descriptions set out at
(i) to (xiv) above.
(f) In addition, you are prohibited from removing any
sponsorship banners, similar promotional displays and
inserts or other material inserted by Positive Vibration
Academy anywhere on this website (e.g., on any web space
made available for your use).
10. Use of Submitted
Content
(a) Positive Vibration Academy will consider anything
you provide to Positive Vibration Academy and/or
contribute to this website as available for our use free
of any obligations to you, except where we have
expressly solicited Invited Submissions and those
submissions are expressly governed by Additional Terms
appearing elsewhere on this website (see "Creative
Submissions, Postings, E-mails and Communications"
above), in which event those Additional Terms will
determine how we will treat your Invited Submissions.
(b) Subject to the provisions of any Additional Terms,
by posting or uploading any content to this website
and/or providing any communication or material to
Positive Vibration Academy ("User Content"), you
automatically and irrevocably:
(i) grant and assign to Positive Vibration Academy any
and all rights in the User Content throughout the world
including, without limitation, all copyright, together
with all consents (if any) necessary to enable its
assignment, sublicensing, reproduction, distribution,
modification, publishing and/or other exploitation by
Positive Vibration Academy and/or by any person
authorized by Positive Vibration Academy, by any means
and in all media now known or hereafter devised, in
whole or in part, without payment or other reference to
you or any other person, and to advertise and promote
such exploitation, for the full period of all such
rights (together with any extensions and renewals) and
insofar as possible in perpetuity;
(ii) waive all moral rights in the User Content which
may be available to you in any part of the world and
confirm that no such rights have been asserted;
(iii) appoint Positive Vibration Academy as your agent
with full power to enter into any document and/or do any
act Positive Vibration Academy may consider appropriate
to confirm the grant and assignment, consent and waiver
set out above;
(iv) warrant that you are the owner of the User Content
and entitled to enter into this Agreement;
(v) confirm that no such User Content will be subject to
any obligation, of confidence or otherwise, to you or
any other person and that Positive Vibration Academy
shall not be liable for any use or disclosure of such
User Content.
11. Hyperlinks To and
From Other Sites
(a) This website may link you to other sites on the
Internet. These sites may contain information or
material that some people may find inappropriate or
offensive. These other sites are not under the control
of Positive Vibration Academy, and you acknowledge that
(whether or not such sites are affiliated in any way
with Positive Vibration Academy) Positive Vibration
Academy is not responsible for the accuracy, copyright
compliance, legality, decency, or any other aspect of
the content of such sites. The inclusion of such a link
does not imply endorsement of any site by Positive
Vibration Academy or any association with its operators.
(b) Positive Vibration Academy cannot ensure that you
will be satisfied with any products or services that you
purchase from any third-party site that links to or from
Positive Vibration Academy since other shop channels are
owned and operated by independent retailers. Positive
Vibration Academy does not endorse any of the
merchandise, nor has Positive Vibration Academy taken
any steps to confirm the accuracy or reliability of any
of the information contained in such third-party sites.
Positive Vibration Academy does not make any
representations or warranties as to the security of any
information (including, without limitation, credit card
and other personal information) you might be requested
to give any third party, and you irrevocably waive any
claim against us with respect to such sites. We strongly
encourage you to make whatever investigation you feel
necessary or appropriate before proceeding with any
online transaction with any of these third parties.
(c) Any area of this website that is accessed through
any third party proprietary online service or website is
subject to the rules, policies and guidelines of such
third party proprietary online service or website.
(a) You may not reproduce, sell, resell or otherwise
exploit any resource, or access to any resource,
contained on this website, unless otherwise expressly
permitted by this website.
(b) You are prohibited from using any services or
facilities provided in connection with this website to
compromise security or tamper with system resources
and/or accounts. The use or distribution of tools
designed for compromising security (e.g. password
guessing programs, cracking tools or network probing
tools) are strictly prohibited.
Positive Vibration Academy reserves the right to
investigate suspected violations of this Agreement,
including, without limitation, any violation arising
from any submission, posting or e-mails you make or send
to the website. Positive Vibration Academy may seek to
gather information from the user who is suspected of
violating the terms of this Agreement, and from any
other user. Positive Vibration Academy may suspend any
users whose conduct or postings are under investigation
and may remove such material from its servers as it
deems appropriate and without notice. If Positive
Vibration Academy believes, in its sole discretion, that
a violation of these terms of this Agreement has
occurred, it may edit or modify any submission, posting
or e-mails, remove the material permanently, cancel
postings, warn users, suspend users and passwords,
terminate accounts or take other corrective action it
deems appropriate. Positive Vibration Academy may
provide personally identifiable information in response
to legal process, for example, in response to a court
order or a subpoena. We also may disclose such
information in response to a law enforcement agency's
request. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD
HARMLESS Positive Vibration Academy FROM ANY CLAIMS
RESULTING FROM ANY ACTION TAKEN BY Positive Vibration
Academy DURING OR AS A RESULT OF ITS INVESTIGATIONS
AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF
INVESTIGATIONS BY EITHER Positive Vibration Academy OR
LAW ENFORCEMENT AUTHORITIES.
Positive Vibration Academy makes no representation that
materials or other content in the website are
appropriate or available for use outside Australia, its territories, possessions and protectorates.
If you choose to access the website from other locations
you do so on your own initiative and at your own risk.
You are responsible for complying with local laws, if
and to the extent local laws are applicable. You
specifically agree to comply with all applicable laws
concerning the transmission of technical data exported
from Australia or the country you reside in.
You agree to indemnify and hold harmless Positive
Vibration Academy, its directors, officers,
shareholders, parents, subsidiaries, affiliates, agents,
and licensors, from and against all losses, expenses,
damages and costs, including reasonable attorneys" fees,
resulting from your breach of any of the foregoing
provisions, representations or warranties, and/or from
your placement or transmission of any content onto the
website's servers, and/or from any and all use of your
account in violation of this Agreement or the failure to
fulfil any obligations relating to your account
incurred by you or any other person using your account.
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.
16. Applicable Law
and Jurisdictional Matters
This Agreement shall be governed by, construed and
enforced in accordance with the laws of New South Wales, as they are applied to agreements entered into
and to be performed entirely within New South Wales. Any action
you, any third party or Positive Vibration Academy may
bring to enforce this Agreement or, in connection with
any matters related to the website shall be brought only
in the High Court of New South Wales, and you expressly consent to the
jurisdiction of said courts.
If any provision of this Agreement shall be unlawful,
void, or for any reason unenforceable, then that
provision shall be deemed severable for this agreement
and shall not affect the validity and enforceability of
any remaining provisions. This is the entire agreement
between the parties relating to the matters contained
herein.
18. Governing law
These terms are to be construed and governed by the law
of New South Wales, Australia.
IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY ALL OF THE
FOREGOING TERMS, PLEASE DO NOT ACCESS AND/OR USE THE
WEBSITE.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY
BEFORE USING THIS WEBSITE. Access to and use of this
website (the "website") is provided by
Positive Vibration Academy. ("Positive Vibration
Academy", "us" or "we") subject to the following terms
(this "Agreement"):
