These Terms and Conditions constitute a legally binding agreement between You and the Company. By accessing, browsing, or using the Website or Service in any manner, You acknowledge that You have read, understood, and agree to be bound by these Terms and Conditions in their entirety. If You do not agree to all provisions of these Terms and Conditions, You are expressly prohibited from using the Service and You must discontinue use immediately. Your continued use of the Service following any amendments to these Terms shall constitute Your acceptance of such amendments.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
The Service and all content, features, and functionality thereof, including but not limited to all binaural melodies, audio content, software, applications, text, graphics, logos, trademarks, service marks, images, videos, data compilations, and the design, selection, and arrangement thereof, are and will remain the exclusive property of the Company and its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Subject to these Terms and Your compliance therewith, the Company grants You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service and its content solely for Your personal, non-commercial use. This license does not include any right to: (a) resell, distribute, publicly perform, or publicly display any content; (b) modify or otherwise make derivative works of the Service or content; (c) use any data mining, robots, or similar data gathering or extraction methods; or (d) download, copy, or store any content except as expressly permitted by the Company.
The Company name, the Company logo, "Wagnific," 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 the Service are the trademarks of their respective owners.
If You submit, upload, post, or otherwise provide any content to the Service ("User Content"), You retain ownership of Your User Content but grant the Company a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in any media formats and through any media channels now known or hereafter developed.
The Company respects the intellectual property rights of others and expects Users to do the same. If You believe that any content on the Service infringes Your copyright, You may submit a DMCA takedown notice to the Company's designated copyright agent. The Company will respond to valid DMCA notices in accordance with applicable law and may terminate the accounts of repeat infringers.
You agree to use the Service only for lawful purposes and in accordance with these Terms. You are prohibited from using the Service in any way that could damage, disable, overburden, or impair the Service or interfere with any other party's use of the Service.
You agree not to engage in any of the following prohibited activities: (a) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (b) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service; (c) transmitting spam, chain letters, or other unsolicited email; (d) attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Service; (e) taking any action that imposes, or may impose, an unreasonable or disproportionately large load on our infrastructure; (f) uploading invalid data, viruses, worms, or other software agents through the Service; (g) collecting or harvesting any personally identifiable information from the Service; (h) using the Service for any commercial solicitation purposes; (i) impersonating another person or otherwise misrepresenting Your affiliation with a person or entity; (j) violating any applicable laws or regulations; or (k) encouraging or enabling any other individual to do any of the foregoing.
The Company reserves the right, in its sole discretion, to terminate Your account and access to the Service immediately and without notice if You violate any provision of these Terms or engage in any prohibited conduct. Upon termination, Your right to use the Service will cease immediately, and You must destroy all copies of any content obtained from the Service.
If You become aware of any violations of these Terms by other users, You agree to report such violations to the Company immediately. The Company reserves the right to investigate and take appropriate legal action against anyone who violates these Terms.
By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.
If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy.
Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy to learn more about your right to cancel Your Order.
Your right to cancel an Order only applies to Goods that are returned in the same condition as You received them. You should also include all of the products instructions, documents and wrappings. Goods that are damaged or not in the same condition as You received them or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in Your possession.
We will reimburse You no later than 14 days from the day on which We receive the returned Goods. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.
You will not have any right to cancel an Order for the supply of any of the following Goods:
We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
The Company reserves the right to revise its prices at any time prior to accepting an Order.
The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.
All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as, weekly, monthly or quarterly), depending on the type of Subscription plan you select when purchasing the Subscription. Certain subscription products or services may be provided by the Company's affiliates, partners, or third-party providers, and such subscriptions shall be subject to these Terms and any additional terms specified by such providers.
At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it, the Company cancels it, or the applicable affiliate or service provider terminates the subscription service.
Products which fall under this category include, but are not limited to: Wagnific Ultimate Melodies & VIP Trainer Support, which have a recurring monthly cost, and other subscription-based products or services that may be offered from time to time by the Company or its affiliates.
You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company or the applicable affiliate provider. For subscriptions provided by affiliates or third-party providers, You may also need to follow their specific cancellation procedures. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period, subject to the terms of the applicable provider.
You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.
Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by the Company or the applicable affiliate provider on a case-by-case basis and granted at the sole discretion of the Company or such provider. For subscriptions provided by affiliates or third-party providers, refund policies may be governed by their respective terms and conditions.
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company 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 the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
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: (a) Your violation of these Terms or Your use of the Service; (b) Your violation of any third-party right, including without limitation any copyright, property, or privacy right; (c) any claim that Your User Content caused damage to a third party; (d) Your use of any third-party content or services obtained through the Service; or (e) any other party's access and use of the Service with Your unique username, password, or other appropriate security code.
The Company reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify the Company, and You agree to cooperate with the Company's defense of these claims. You will not settle any claim subject to indemnification under these Terms without the Company's prior written consent.
This indemnification obligation will survive termination of these Terms and Your use of the Service. The Company will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it, but failure to provide such notice shall not relieve You of Your indemnification obligations except to the extent that You are materially prejudiced by such failure.
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.
Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
YOU AND THE COMPANY AGREE THAT ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, OR YOUR RELATIONSHIP WITH THE COMPANY SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT. This arbitration agreement applies to all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms.
Any arbitration will be conducted by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and, where applicable, its Consumer Arbitration Rules. The arbitration will be conducted by a single arbitrator selected in accordance with AAA rules. The arbitration will take place in Phoenix, Arizona, unless You and the Company agree otherwise in writing.
YOU AND THE COMPANY WAIVE ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING. You agree to bring claims only in Your individual capacity and not as a plaintiff or class member in any purported class, collective, representative, multiple-plaintiff, or similar proceeding. The arbitrator may not consolidate multiple parties' claims and may not otherwise preside over any form of representative or class proceeding.
Each party shall bear their own attorneys' fees and costs in arbitration unless awarded by the arbitrator under applicable law. The Company will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with these Terms, provided that if the arbitrator finds Your claim to be frivolous or brought for an improper purpose, You shall reimburse the Company for such fees.
You agree that any claim or dispute You may have against the Company must be filed within one (1) year after such claim or dispute arose, or it will be forever barred. This limitation period applies regardless of any statute of limitations that might otherwise apply.
Before initiating arbitration, You agree to first contact the Company to attempt to resolve the dispute informally by sending a written description of Your claim to the Company's designated address. The Company will have sixty (60) days to respond and attempt to resolve the matter.
If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in full force and effect. This arbitration provision shall survive termination of these Terms and Your relationship with the Company.
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us:
By email: [email protected]