Terms of Service

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Terms of Service

Postby rayven13 » Sat Jul 27, 2013 4:06 am

Terms of Service Agreement

Your Acceptance
The http://www.earthspiritsoul.com/, http://www.earthspiritsoul.com/forum, http://earthspiritsoul.blogspot.com and http://earthspiritsoul.com/moodle websites are comprised of various web pages (collectively the "ESS Websites") that are owned and operated by Earth Spirit Soul (“ESS”). By accessing or using the ESS Websites, you agree that you have read, understand, and will comply with this Terms of Service Agreement (“Agreement”) and the ESS Privacy Policy (Privacy Policy). You also agree that you will not use the ESS Websites for any purpose that is unlawful, deceptive or prohibited by this Agreement. If you do not agree to these terms, do not use or otherwise access the ESS Websites. We reserve the right to modify this Agreement at any time. Modified terms are effective as soon as they are posted.

Visiting the Websites and Registering with ESS
Visiting the main pages of the ESS Websites does not require registration. In order to access some features of the ESS Websites, you may be required to register or create an account with us and to submit information about yourself and agree to additional terms of service that govern those features, if applicable. Our online community (the ESS Forum) and our Learning Center (the ESS Learning Center) also require participants using those services to register. If you choose to use the above features or any other features offered through the ESS Websites, you are responsible for reviewing and abiding by additional terms of service for those features, if applicable.

Third-Party Websites
The ESS Websites may contain links to third-party websites. These links are provided for convenience only. The inclusion of a link does not imply or constitute an endorsement of the entity linked or its products or services, nor the content of the linked site. If you choose to follow a link to another site, please understand that you are leaving the ESS Websites and that ESS is not responsible for any third-party websites or the information contained therein. ESS makes no warranties, either express or implied about the content of such sites and disclaims all liability of any kind whatsoever arising out of your use of any third party website including but not limited to the security of any information you may provide to third parties. The inclusion of the link does not imply any permission to use materials or content from the third party website. Third party websites may contain materials or information that is protected by copyright, trademark or other proprietary rights or that is subject to claims of infringement of such rights or is otherwise inappropriate, illegal or offensive. You should ensure that you do not use any information or content from a third party site in a manner that violates the copyrights or other rights of third parties. You are responsible for reviewing, understanding and complying with the terms of use and privacy policies for any third-party websites you elect to visit and ensuring that your use of the Internet is in compliance with the policies of your school, if applicable.

Third-Party Advertising
In the ESS Websites, you may be made aware of services or goods provided by third parties. If you decide to use these third-party services, you are responsible for reviewing and understanding the terms and conditions governing those services or goods. ESS assumes no responsibility for any third-party goods or services.

Use of the ESS Websites
The ESS Websites contain material that is owned or licensed by ESS and subject to protection under U.S and international copyright and other intellectual property laws. Such protected materials may include but are not limited to text, images, photographs, audio, video, software and graphics that are copyrighted by ESS or licensed from third parties. ESS may provide an express written permission for specified materials to be used by students for educational purposes.

Unless you have express written permission from ESS, you may view, download, or print a single copy of pages from the VIF Websites only for your personal, informational and noncommercial use and the materials may not be modified, altered or redistributed. All rights not expressly granted are reserved.

Copyrights and Trademarks of ESS
ESS owns trademarks, tradenames and service marks including but not limited to the Earth Spirit Soul name and logo, and the Earth Spirit Soul Learning Center logo, the Earth Spirit Soul and Earth Spirit Soul Learning Center names. The absence of a trademark, trade name or service mark from the above list does not constitute a waiver of ESS rights in any trademark, trade name or service mark. Use of these marks absent express written permission from ESS is prohibited. If you have any questions regarding these marks or permitted or correct usage, you may contact info@earthspiritsoul.com.

Persons Under 16 Years of Age.
Anyone under 16 years of age is ineligible to use the ESS Websites, including the ESS Forum, the registration and application system or any other ESS systems found on the websites. Such persons should not submit any information to us.

The ESS Forum and ESS Learning Center
a. Registration for the ESS Forum or the ESS Learning Center
To register as a Forum or Learning Center user, you must be at least 16 years of age. You will need to create a user name, or as a Learning Center participant, you will be provided a user name. You may not have a user name that contains profanity, attempts to impersonate another person or violates the rights of others, including the intellectual property rights of any person or entity. We reserve the right to reject any user name that we determine is unacceptable for use on the Forum. When registering, you agree to fill in all mandatory fields with true, accurate, current and complete information about yourself. ESS has the right to suspend or terminate your account and refuse any and all current or future use of its services if it suspects that such information is untrue, inaccurate, not current or incomplete.

Member Accounts, Passwords, and Security
When you use ESS websites, you are responsible for maintaining the confidentiality of your password and username. You are solely responsible for all activities that occur under your password or account. You agree to immediately notify ESS at info@earthspiritsoul.com of any unauthorized use of your password or username or any other breach of security. When you visit ESS websites or send e-mails to us, you are communicating with us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Accounts May Not Be Shared
You understand that ESS Learning Center and Forum accounts may not be shared. An ESS Learning Center or Forum account may be used only by the single individual whose name appears in the Registration Data. If ESS has reasonable grounds to suspect that an additional person has been accessing your account without having rendered proper payment to ESS Learning Center, ESS has the right to suspend or terminate your account and refuse any and all current or future use of ESS services.

b. Privacy
Your use of the Forum will be governed by the ESS Privacy Policy as set forth on the ESS website. By using these sites and/or checking the box indicating you accept the terms of this Agreement, you also indicate that you understand and consent to the information collection, use, and disclosure practices described in our Privacy Policy as may be revised from time to time.

c. Protecting the Privacy of Children
Please remember that the privacy of personal information of children and the privacy of student records are subject to important legal protections including but not limited to the Children’s Online Privacy Act, the Family Education Rights and Privacy Act and local school district acceptable use or other policies. Minors are not eligible to join the Forum or use this Website and should not submit any information to us. Teachers using the Community are individually responsible for ensuring that they are doing so in a manner that complies with this Agreement as well as other laws and school district policies. Generally, if you wish to share examples of photographs or videos containing the images of students or student work, you must ensure that you first obtain an appropriate written consent from the parent or legal guardian. You should not include personal information such as student names or contact information. The Forum and Learning Center are not intended to collect, maintain or distribute any protected student records or protected personal information of children. Personal information may include but is not limited to first name, last name, address, email, telephone number, photograph, Social Security Number or any other information that allows an individual to be identified. You are prohibited from posting, submitting, distributing, releasing or otherwise disclosing any such protected information. Information may only be posted for legitimate educational purposes.

d. Security
Any content that you place on the Forum or in the Learning Center is posted at your own risk, and can be obtained and used by others. Do not reveal information that you do not want to make public. For any content posted, make sure that you have obtained any written consents required and that the posting is otherwise made in accordance with your school’s policies. ESS disclaims any responsibility or liability arising from your disclosure of such personal information, or any other information, in any profile or posting. ESS reserves the right to instruct its designated Forum Moderators to remove any postings in the Forum containing phone numbers, street addresses, or otherwise personally identifying information.

e. Storage
ESS may establish general practices and limits concerning use of the Forum and the Learning Center, including limiting the number of days that messages, materials submissions, forum comments, blog posts, media submissions or other uploaded content will be retained by ESS, and the amount of disk space that will be allocated on the servers on your behalf. ESS has no responsibility or liability for the deletion or failure to store any messages, materials submissions, forum comments, blog posts, media submissions or other uploaded content maintained or transmitted by ESS.

f. Monitoring and Moderation
ESS has designated Forum Moderators. Forum Moderators do not pre-screen postings or monitor on a "real time" basis. Forum Moderators have the right, but not the obligation, to edit or remove content and postings at their discretion, either because there has been a violation of this Agreement or the Guidelines, or for any other purpose.

g. Use of Content
The content displayed on the ESS Websites including, but not limited to, text, images, photographs, videos, and graphics ("Content") is owned or licensed by ESS. You agree to not reproduce, distribute, modify, re-post on another site or sell any Content without specific written authorization from ESS, unless such use is pursuant to the section below on Educational Use of Content. You also agree to maintain any and all copyright or other proprietary notices embedded in or attached to any Content.

h. Educational Use of Content
Teachers, support staff, administrators, and other staff of educational institutions who are currently participating in a ESS Learning Center program may be provided access to certain designated Content and authorized to download, print, reproduce, and distribute it to students for educational purposes. Such designated Content is to be used only as far as is necessary to directly benefit the instruction of students participating in a ESS Learning Center course. Content may not be modified, altered or distributed beyond the classroom of a ESS program and may under no circumstances be used for commercial use.

We have not, nor do we plan to seek accreditation through the U.S. Department of Education nor any similar entities in the U.K.

Online Course and Certifications
The ESS websites will, from time to time, offer online courses in a specific area of study or on a particular topic (an “Online Course”). ESS Learning Center and the instructors of the Online Courses reserve the right to cancel, interrupt or reschedule any Online Course or modify its content as well as the point value or weight of any assignment, exam or other evaluation of progress. Online Courses offered are subject to the Disclaimer of Warranties/Limitation of Liabilities section below.

For some courses, subject to your satisfactory performance in the Online Course as determined in the sole discretion of the instructors, you may be awarded a certificate acknowledging your completion of the class ("Certificate of Completion"). This Certificate of Completion, if provided to you, would be from ESS Learning Center and/or from the instructors. You acknowledge that ESS Learning Center offers the right to offer or not offer any such Certificate of Accomplishment for a class. You acknowledge that the Certificate of Completion, and ESS Learning Center's Online Courses, will not stand in the place of a course taken at an accredited institution, and do not convey academic credit. You acknowledge that neither the instructors of any Online Course nor ESS Learning Center will be involved in any attempts to get the course recognized by any educational or accredited institution, unless explicitly stated otherwise by ESS websites. The format of the Certificate of Completion will be determined at the discretion of ESS Learning Center and the instructors, and may vary by class in terms of formatting, e.g., whether or not it reports your detailed scores or grades in the class, and in other ways.

You may not take any Online Course offered by ESS Learning Center or use any Certificate of Completion as part of any tuition-based or for-credit certification or program for any college, university, or other academic institution. Such use of an Online Course or Certificate of Completion is a violation of these Terms of Use.

User Content
The ESS Websites, particularly the Forum and the Learning Center, may allow users to submit text, photos, videos, data, information or other content (User Content) to be viewed by other users. By submitting User Content, you waive any privacy expectation with respect to it, agree that it may be available for viewing by other users and that ESS shall have no obligation to review, modify, remove or alter it or return it to you. By submitting or posting User Content on the Website or Forum or Learning Center, you grant ESS and its agents, subsidiaries, successors, staff as well as its participating teachers and Community users a worldwide, irrevocable, non-exclusive, royalty-free, sub-licensable and transferable license in perpetuity to copy, disclose, distribute, incorporate, reproduce, prepare derivative works of and otherwise use such User Content. You agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Forum or Learning Center that is copyrighted, unless you are the copyright owner; infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; is obscene, libelous, defamatory, threatening, harassing, or embarrassing to any other person or entity as determined by ESS; and is illegal or otherwise objectionable. You agree not to use the Forum or Learning Center for any improper means including but not limited to any commercial purposes or advertising of business services; any surveys, contests, pyramid schemes, junk mail or chain letters; any harvesting or collecting email addresses or other information about others without their consent; any submission of any content that is libelous, abusive, objectionable, inappropriate or hateful or constitute an invasion of privacy, gives rise to civil liability or violates, or encourages the violation of any law or regulation. You agree not to post any Content in violation of school policy or in the absence of any required consents or licenses. By using the Forum or Learning Center, you understand and agree that ESS may at any time monitor, review, use, or disclose any content or communication posted or transmitted by, to, or from you on the Forum or Learning Center.

Modifications to Services
ESS websites reserves the right at any time to modify or discontinue, temporarily or permanently, ESS services (or any part thereof), with or without notice. You agree that ESS websites shall not be liable to you or to any third party for any modification, suspension, or discontinuance of ESS website services.

You agree that ESS websites, in its sole discretion, without explanation or prior notice, and without refund, may terminate your password, username, account (or any part thereof) or use of ESS websites, the Forum, the Learning Center or any other systems or services, and may remove and discard any content, including deleting any profiles and/or removing any other information or content within ESS services, for any reason, including, without limitation, for lack of use or if ESS websites believes that you have violated or acted inconsistently with the letter or spirit of the TOS. ESS websites may also in its sole discretion and at any time discontinue providing ESS websites services, or any part thereof, with or without notice. You agree that any termination of your access to ESS websites' services under any provision of this TOS may be effected without prior notice, and acknowledge and agree that ESS websites may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or ESS websites's services. Further, you agree that ESS websites shall not be liable to you or any third party for any termination of your access to ESS websites' services.

User Content Disclaimer
ESS is not responsible for and makes no warranties as to information contained in user profiles or posted by other users or any third parties, the accuracy or reliability of such information, and such information does not necessarily reflect the opinions or policies of ESS. Such content reflects the view or opinion of individual users or participants only and ESS is not responsible for the conduct of other users or third parties, whether online or offline.

Digital Millennium Copyright Act
If you believe that your work has been or may have copied in a way that constitutes copyright infringement or otherwise violates your legal rights, you may provide the copyright agent below with a notice pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c) containing the following:
1) A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright that is allegedly infringed;
2) A description of the copyrighted work that you claim has been infringed;
3) A description (such as the URL) of where the material that is claimed to be infringed is located on the ESS Websites;
4) Your name, address, telephone number and email address;
5) A statement that you have a good faith belief that use of material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
6) A statement by you, made under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

ESS’s designated agent to receive notifications of claimed copyright infringement is:
Designated Agent: Marketing Director
Email: info@earthspiritsoul.com

Disclaimer and Limitation of Liability
You are solely responsible for your actions when using or visiting the ESS Websites, including the Forum and any other systems, links, product or services accessed through them, and such use is at your sole risk. To the fullest extent permitted by law, ESS, disclaim all warranties, express or implied, in connection with the ESS Websites, the Forum, the Learning Center and any systems, products or services accessed through them and your use thereof. To the fullest extent permitted by law, you agree that ESS shall not be liable for any direct, indirect, compensatory, special, incidental, punitive or consequential damages or damages for loss of profits, revenues, data or use, arising from your access to or use of the ESS Website, the Forum or any information or content provided on or through them.

By using the ESS Websites, the Forum or any of their other features, you agree to indemnify, defend, and hold ESS, its subsidiaries and affiliates and their officers, directors, employees, and agents and assigns harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of systems, links, products or services accessible through them, including without limitation your providing a link to another site or uploading any content to such site.

Applicable Law
To the fullest maximum extent permitted by law, this Agreement is governed by the laws of the State of Oklahoma and you hereby consent to the exclusive jurisdiction and venue of the federal and state courts for Muskogee County, Oklahoma with respect to all disputes arising out of or relating to the use of this Website.

If any provision of this Agreement is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.

How to Contact Us
If you have any questions or comments, please contact us at:

Student Waiver and Release Agreement:
In consideration of access to the class or classes, for which I am registering, I hereby release, indemnify, and hold-harmless Earth Spirit Soul and their agents, representatives, assistants, affiliates, (hereinafter referred to as “Releasees”) from any and all liability for any injuries and damages which I, my family, or my guests (hereinafter referred to as “Releasors”) may suffer, including, without limitation, any injuries, illnesses and damages resulting from any person, or condition, or due to the negligence or gross negligence of the Releasees and I expressly assume the risk of any such damage, illness or injury. I understand that I and others should always see a healthcare professional before diagnosing any and all ailments or psychological issues. These classes are for informational purposes only and are in no way meant to cure or diagnose anything. It is not a substitute for professional medical, psychological or veterinary care.The information contained within the classes, private downloads or handouts cannot replace doctor’s orders, medication, or advice. If you are taking medication for depression, anxiety, or anti-psychotic medication, you should consult your doctor or therapist before making any changes. No guarantees or assurances of any kind are given. Hibiscus Moon, LLC, its affiliates or subsidiaries will not be held accountable for any interpretations or decisions made by recipients based on information provided in these classes.
1. I acknowledge that, by registering for the course, under the terms of this Waiver and Release Agreement, I am releasing and relinquishing legal rights that I otherwise might hold.
2. I understand the courses offered through the Releasees are intended to guide through lecture, discussion, and experiential means. I acknowledge as Releasor that I am solely responsible for determining the extent to which I can safely participate in any course in all aspects: physical, emotional, mental, and spiritual. I exercise the extent in which I can and desire to participate.
3. I also acknowledge that the audio and/or visual portions of the class or classes may be recorded and/or transcribed and then distributed to third parties for sale or otherwise. In consideration of access to the class or classes, I hereby waive and relinquish any and all claims for remuneration and any rights to object to release of any such recordings or transcripts, including images, recordings, or transcriptions of Releasors in any form, at any time, and in any location or context whatsoever.
4.I understand and agree that Releasees retain all rights to class content, including all handouts and instructional materials. I agree not to copy or distribute any such materials without the written permission of Releasees.
5. I acknowledge that quality or consistency of equipment (including all internet connections, cell phones and VOIP connection lines) cannot be guaranteed. In acknowledging that this is a group class, if an instructor finds that a connection, whether tested in advance or not, is creating sound quality and recording concerns, if after reasonable attempts this cannot be corrected, this issue may cause me to be excluded from further live participation in the class, with no refund. These sound quality and recording concerns may include dropped connections, static interference, recording interruption, and other technical concerns determined to be related to my personal connection.
6. I acknowledge that the long distance online training format may not be a learning style match for all participants. Instructors, in conjunction with Hibiscus Moon Crystal Academy founder/director, may advise a participant to consider an alternative learning format or institute if, in the judgment of the instructor, a participant’s participation in a class or class series has negatively affected the training process of the participant, fellow participants, the instructor, or dynamic of the class. The instructor reserves the right to decline registration in subsequent classes or levels of study based on the above concerns and decisions.
7. Although Releasees will make reasonable efforts to avoid rescheduling, I acknowledge that this class may necessarily be rescheduled. Releasee may not be held responsible for arrangement cancellations, caused by class cancellations.
8. I understand that these classes are not intended to replace or substitute any medical attention that anyone may need, or psychological services anyone may need.

Payment for classes denotes acceptance of the terms of this waiver and release.
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