TERMS & CONDITIONS
Use of this Site constitutes acceptance of the following conditions and legal disclaimers.
You should assume that everything you see or read on QuietSelf (QuietSelf.com) is copyrighted. Without the written permission of House of the Quiet Self, or unless otherwise specifically noted, you may not use any audio, text or image from QuietSelf except as provided in these Terms and Conditions, or in the text on the Site itself.
House of the Quiet Self neither warrants nor represents that your use of materials displayed on the QuietSelf will not infringe rights of third parties not owned by or affiliated with House of the Quiet Self.
While House of the Quiet Self uses reasonable efforts to include accurate and up-to-date information in the Site, House of the Quiet Self makes no warranties or representations as to the accuracy of this information. House of the Quiet Self assumes no liability or responsibility for any errors or omissions in the content of the site.
All recordings available as part of any membership subscription to QuietSelf, paid or free, are protected under U.S. Copyright law that expressly prohibits you from sharing, either for free or for profit, with any third party any material you electronically stream from QuietSelf. This includes sharing through email, chat rooms, bit torrent, newsgroups, or any other electronic means, either on the internet or a local network. You are further prohibited from duplicating the material onto any medium, including but not limited to flash drive, CD-R, or hard drive, and from sharing with any third party.
Images of people, places, or things displayed on QuietSelf are either the property of, or used with permission by, House of the Quiet Self. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or through explicit written permission from House of the Quiet Self. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
The trademarks, logos and service marks (collectively the “Trademarks”) displayed on QuietSelf are registered and unregistered Trademarks of House of the Quiet Self. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on the Site without written permission of House of the Quiet Self. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that House of the Quiet Self will aggressively enforce its intellectual property rights to the fullest extent of the law.
House of the Quiet Self is not liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness or for a particular purpose, or non-infringement. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
House of the Quiet Self also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text or images from the Site. Further, the information provided on this site is as an information resource only, and is not to be used or relied on for any diagnostic or treatment purposes. The information on this site, and the audio downloads sold through this site, do not create any patient-physician relationship, and should not be used as a substitute for professional diagnosis and treatment. Always consult your health care practitioner if you have any concerns about use of this website, its contents, or House of the Quiet Self audio files as they might relate to your mental and/or physical health.
Please consult your health care provider before making any healthcare decisions or for guidance about a specific medical condition. House of the Quiet Self disclaims responsibility for, and shall have no liability for, any damages, loss, injury or liability whatsoever suffered as a result of your reliance on the information or audio streaming contained in this site.
By entering into this Agreement, you agree to not use any streaming audio from QuietSelf.com or its blog, QuietSelf.com/blog, while driving a vehicle or using heavy or dangerous machinery.
House of the Quiet Self may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
If you have any questions about the information presented here, please contact us.
SUBSCRIBER LICENSE AGREEMENTS
This Subscriber License Agreement (also, this “agreement”, “Agreement”, “Member License” or “Member Agreement”) is made by and between House of the Quiet Self (also herein, “we”, “us”, “our” ,“QuietSelf” or “QuietSelf.com”, including our legal successors and assigns, and you, the member (“Member”, “you”, “your” “Subscriber” or “Licensee”). Thus, in this Agreement we and you set forth the terms by which we provide and allow you access to, and the use of, parts of our content and services that we have reserved exclusively for our Subscriber Members. You already are a user of our content and have agreed to all of the terms of our Terms & Conditions and our Privacy Agreement, which are both linked here for your convenience, all the terms of which are incorporated herein by reference.
QuietSelf subscriptions are binding contracts. To enter into this contract, you must be of legal age to do so in your country. For example, in the United States, this is age 18. If you do not meet this criteria, or if you have any questions about it, please contact us before joining QuietSelf.com for a paid subscription or for the free samples.
If you have joined or have been given access to at least one of the Members’ areas of our website, have become an email subscriber with us, participated in one or more of our social media group(s), participated in a membership program and/or system provided by us, purchased any of our products or services, or simply streamed any of our free or paid-for content, then you agree that you are a “Member” and “Licensee” under this Agreement and that your use of our site, Materials (as defined in Section 4 below) and/or content is considered a “Membership” under this Agreement. The only type of use of our site, Materials and/or content that would not be considered part of a Membership with us would be if (i) you only read our site’s content for the sole purpose of your personal enjoyment or education and/or (ii) you only used our site to click on an advertisement, third-party link or external link; otherwise, your use of our site, Materials and/or content shall constitute your using your “Membership” with us as a “Member” and “Licensee” under this Agreement.
3. The Brands
You acknowledge and agree that we are the sole owner of the following names and brands, and, as applicable, the following internet domain names: quietself.com and houseofthequietself.com, and any and any variations thereof, including but not limited to any and all designs, logos, trade dress, marks, trademarks (whether or not included in any formal trademark application already or in the future) and branding associated with these names (all these collectively referred to herein as the “Brands”).
4. The Materials
In connection with your Membership, we have provided and are providing you with access to materials related to your Membership, including content, media of any kind, assets, intellectual property, login credentials, Licensee’s Participation and Licensee’s Testimonials (both as defined in Section 6.D. below), templates, Templates (as defined in Section 6.E. below), which hereby include any and all materials, documents and information we provide to you as a general user of our website, whether already or in the future, and also include any and all additional materials, documents and information we provided to you as a Member, whether already or in the future, and which may or may not include or be labeled with the Brands (herein, the “Materials”). You acknowledge and agree that we are the sole and exclusive owner of the Brands and Materials, and that all our Brands and Materials hereby are, and shall be, considered “corporate documents”, or “Corporate Documents”, as described by the World Intellectual Property Organization (“WIPO”) and in the Digital Millennium Copyright Act of 1998 of the United States, as amended.
5. Natural Person
You and we agree (i) that we are providing the Materials under this Agreement to you personally, individually and as a natural person, and also to Licensee’s Entity (or Licensee’s Entities) (as defined in the following section), if any; therefore, you are entering into this Agreement as an individual and also on behalf of any Licensee’s Entity, and (ii) that we are providing the Materials to you for your own personal and individual education and development and for the benefit of any Licensee’s Entity and for no other purpose except as may be provided in this Agreement. If you use the Materials for any Licensee’s Entity, then you and such Licensee’s Entity (or Licensee’s Entities) shall be bound jointly and severally and hereby agree to every term of this Agreement and you are hereby representing you have the express authority of Licensee’s Entity (or Licensee’s Entities) to so bind and agree on behalf of such entity (or entities).
6. Our Grant of License to You
Licensor hereby grants to Licensee and Licensee hereby accepts the right, privilege and nonexclusive license to use the Materials solely in connection with Licensee’s personal individual use and for the benefit of Licensee’s Entity (or Entities), if any; in this Agreement “Licensee’s Entity” or “Licensee’s Entities” shall mean the website(s), business entity (or entities), organization(s) or other entity (or entities) of which Licensee personally and individually is the 100 percent owner. Licensee shall use the Materials at all times for Licensee’s personal individual use and/or for the use of Licensee’s Entity (or Licensee’s Entities), if any, and for no other purpose. Licensee agrees to NOT share Licensee’s login credentials, if any, for Licensor’s website or system with any other person or party. Unless otherwise stated by Licensor as to certain of Licensor’s Brands or Materials, Licensor represents and warrants that, to the best of its knowledge, it owns all rights and privileges to the Brands and Materials, including but not limited to all rights under any and all applicable intellectual property and general property laws.
A. License Fee: Licensee represents Licensee has duly paid Licensor a license or membership fee for the use of the Brands and Materials to which Licensee has been given access by Licensor. If a User/Licensee has obtained unauthorized access to certain member areas or to Materials for which the User/Licensee hasn’t paid, such User/Licensee is in material breach of this Agreement, including Licensor’s Terms & Conditions. In the case of Free Trial Membership Subscriptions, Licensee has not paid Licensor for access to membership areas but is entitled to limited access to a set of materials provided by the Licensor for free to Members who initiate their Subscription through the Free Trial.
B. Non-exclusivity: Nothing in this Agreement shall be construed to prevent Licensor from granting any other licenses for the use of the Brands or Materials or from utilizing or modifying the Brands or Materials in any manner whatsoever. Licensee agrees not to interfere in any manner with, or attempt to prohibit the use of the Brands and Materials by, any other person duly licensed by Licensor.
C. Protection of Our Title & Rights: Licensee agrees that it will not, during the term of this Agreement, or thereafter attack the title or infringe on any rights of Licensor in and to the Brands and Materials or attack the validity of the license granted herein. Licensee agrees to assist Licensor to the extent necessary in the procurement of any protection or to protect any of Licensor’s right to the Brands and Materials. Licensee shall notify Licensor in writing of any infringements or imitations by others of the Brands and Materials which may come to Licensee’s attention, and Licensor shall have the sole right to determine whether or not any action shall be taken on account of any such infringements or imitations. Licensee agrees to cooperate fully and in good faith with Licensor for the purpose of securing and preserving Licensor’s rights in and to the Brands and Materials, and Licensor shall reimburse Licensee its reasonable costs for such cooperation unless Licensee is in breach of this Agreement. It is agreed that nothing contained in this Agreement shall be construed as an assignment or grant to the Licensee of any right, title or interest in or to the Brands and Materials, it being understood that all rights relating thereto are reserved by Licensor, except for the license hereunder to Licensee of the right to use the Brands and Materials only as specifically and expressly provided in this Agreement.
D. Licensee’s Participation and Testimonials. Licensee hereby authorizes Licensor to use any and all photographs, digital images, any recordings of Licensee’s voice, videos or other likeness of Licensee provided by Licensee as part of Licensee’s participation in any of Licensor’s production of any of Licensor’s content or Materials (“Licensee’s Participation”). Also, Licensee hereby authorizes Licensor to use any and all photographs, digital images, any recordings of Licensee’s voice, videos or other likeness of Licensee and text-copy provided by Licensee as part of Licensee’s participation in any of Licensor’s production of any of Licensor’s content or Materials (“Licensee’s Testimonial”). Licensor’s standard practice in publishing its Licensee’s Testimonials includes the publication of Licensee’s first name and last initial, Licensee’s state, province and/or country of residency, and/or a small (no greater than 300px by 300px) photo of Licensee, along with a small (not exceeding 250 words) amount of the text-copy (or reasonable paraphrasing or translation of the text-copy) provided by Licensee. Licensee hereby agrees that effective immediately and until the termination or expiration of this Agreement, Licensee will be deemed to have assigned, transferred and conveyed to Licensor any trade rights, equities, goodwill, titles or other rights in and to the Brands and Materials which may have been obtained by Licensee or which may have vested in Licensee in pursuance of any endeavors covered hereby, including without limitation Licensee’s Participation and/or provision of any Licensee’s Testimonial. Any such assignment, transfer or conveyance shall be without compensation or consideration other than the mutual covenants and considerations of this Agreement. Licensee recognizes that there exists great value and goodwill associated with the Brands and Materials, and acknowledges that the Brands and Materials, and that all rights therein and goodwill pertaining thereto, belong exclusively to Licensor, and that the Brands and Materials have a secondary meaning in the mind of the public.
E. Use of Brands, Materials and Templates: Licensee shall have no right to affix the Brands or Materials to any building, sign, merchandise, image, website or webpage, document or other item, whether online or offline, without first obtaining Licensor’s express written consent, which consent shall be at the sole discretion of Licensor. Licensee shall have no right to copy any of the Brands or Materials, without first obtaining Licensor’s express written consent, which consent shall be at the sole discretion of Licensor. Licensee shall have no right to modify any of the Materials without first obtaining Licensor’s express written consent, which consent shall be at the sole discretion of Licensor. Licensee hereby promises that Licensee’s use of the Brands or Materials, whether directly or by association, (i) shall not in any way reflect negatively on Licensor’s Brands, Materials or on Licensor, in general, and (ii) shall be and are fully compliant and complimentary with any applicable laws, regulations, corporate rules and guidelines. If or when Licensor provides Licensee with a part of the Materials as a template for Licensee’s modification and personal individual use or for use with Licensee’s Entities (the “Template”), Licensee may copy and modify the Template as long as Licensee’s use and modifications of the copy of the Template fully comply with Licensor’s written instructions for the Template and with the terms of this Agreement. After Licensee’s full compliance with Licensor’s written instructions for modifying the Template (thereafter “Licensee’s Modified Template”), Licensee may affix Licensee’s Modified Template to any website or webpage, document or other item, whether online or offline. Licensee further agrees to fully complete and comply with Licensor’s written instructions for the Template including without limitation any attribution or copyright- notice instructions. Licensee also acknowledges and agrees that Licensor shall retain full and exclusive ownership of Licensor’s Template, which Licensor may update and modify from time to time at its sole discretion.
F. Ownership of Brands and Materials: Licensee agrees that the Brands and Materials are the sole property of Licensor and that Licensee has no interest whatsoever in such Brands and Materials, and Licensee shall use the Brands and Materials only for so long as the license granted hereby remains in full force and effect. Licensee shall not take any actions, or aid or assist any other party to take any actions that would infringe upon, harm or contest the proprietary rights of Licensor in and to the Brands and Materials. Any information that Licensee is exposed to by virtue of their relationship with Licensor under this Agreement, which information is not available to the general public, including without limitation the Materials and Licensor’s Templates, shall be considered to be “Confidential Licensor Information.” Licensee may not disclose any Confidential Licensor Information to any person or entity, except when and where compelled by law, unless Licensee obtains prior written consent for such disclosure from Company.
H. Lifetime Access, Term, Termination: If at any time Licensor offers Licensee “Lifetime Access” to any part or all of the Materials, “Lifetime Access” shall mean Licensee’s license rights granted hereunder and rights to use the Materials may be terminated by Licensor immediately with or without notice and without the opportunity to cure should any of the following events occur: (i) the death of Licensee, or (ii) the end of Licensor’s business as a going concern, including, for example and without limitation, by its bankruptcy, or (iii) the end of, or disability for greater than 12 months of, Licensor’s access to and use of the internet, which is the primary platform or system by which the Materials are delivered to Licensee, or (iv) Licensee shall fail or refuse to perform any other obligation created by this Agreement or Licensee breaches any term or condition of this Agreement or any other agreement between Licensee and Licensor or its affiliates, or (v) Licensee has made any misrepresentations relating to the acquisition of the license granted herein, or (vi) Licensee engages in conduct which reflects unfavorably on the Brands and Materials or upon the operation and reputation of Licensor’s business; “Lifetime Access” shall not include Licensee’s access to any social media forums, groups or pages sponsored by Licensor, any Materials expressly excluded by Licensor, or any Materials labeled by Licensor as available for a limited time. Licensee may not terminate this Agreement. In the event of termination of this License for any reason, Licensee shall immediately cease all use of the Brands and Materials and shall not thereafter use any material, name, mark or trade name similar thereto. Termination of the license under the provisions of this subsection shall be without prejudice to any rights which Licensor may otherwise have against Licensee.
I. Relationship of Parties. Licensee shall not in any manner or respect be the legal representative or agent of Licensor and shall not enter into or create any contracts, agreements, or obligations on the part of Licensor, either expressed or implied, nor bind Licensor in any manner or respect whatsoever; it being understood that this Agreement is only a contract for the license of the Brands and Materials. Nothing herein contained shall be construed to place the parties in the relationship of partners or joint-venturers or of franchisor / franchisee. This Agreement and all rights and duties hereunder are personal and individual as to Licensee and Licensee shall not, without the written consent of Licensor, which consent shall be granted or denied in the sole and absolute discretion of Licensor, be assigned, mortgaged, sublicensed or otherwise encumbered by Licensee or by operation of law. This Agreement may not be waived or modified except by an express agreement in writing signed by both parties by non-electronic signature. There are no representations, promises, warranties, covenants or undertakings other than those contained in this Agreement with respect to its subject matter, which represents the entire understanding of the parties. The failure of either party hereto to enforce, or the delay by either party in enforcing, any of its rights under this Agreement shall not be deemed a continuing waiver or a modification thereof and either party within the time provided by applicable law may commence appropriate legal proceedings to enforce any or all such rights.
7. Our Grant of License to You
All notices from us to you relating to this Agreement will be sent to the email address you have provided to us. If or when you would like to notify us about your Membership or about anything relating to this Agreement, you can do so by emailing us, including the words “subscriber membership” in the subject line.