Welcome to Metamorphany Changemakers, a principal component of the Gaia ecosystem.
THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURT TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
- License to Use our digital Purpose Services
- Children’s Online Privacy Protection Act Notification
- Registration / Accounts
- Intellectual Property Rights Restriction and Content Policy
- Copyright, Intellectual Property, Creative Commons, Public Domain, Disputed Content, and Related Policies
- Privacy and Communications
- Modification or Suspension of our digital Purpose Services and Right to Terminate your use of our digital Purpose Services
- Linked Destinations and Advertising
- Warranty Disclaimer
- Medical, Nutrition & Fitness Information</span>
- Indemnity and Release
- Limitations on Liability
- Law and Jurisdiction
- Binding Arbitration and Class Action Waiver
- Waiver and Severability
- Entire Agreement
3. License to Use our digital Purpose Services
4. Children’s Online Privacy Protection Notification
Minors are prohibited from creating Gaia and/or Metamorphany Accounts. A Minor may only access our digital Purpose Services through an Account held by their parent or legal guardian. All payments must only be made by/to persons who are not Minors. Gaia disclaims all responsibility and liability for Users who are Minors. Any and all responsibility for the actions of a Minor, and the consequences thereof, are the responsibility of the parent or guardian.
A parent or guardian of a Minor may create an Account and publish User Generated Content (Details on “User Generated Content” is provided in Section 6.2 below), on behalf of a Minor, as long as the parent or guardian manages the Account, and is responsible for all actions associated with the Account (this includes, but is not limited to, publishing, purchasing, updating, and downloading).
Children under the age of 13 are prohibited from accessing or using the Site or our digital Purpose Services, regardless of parental approval.
Gaia hereby notifies you that parental control protections (such as computer hardware, software or filtering services) are commercially available and may assist you in limiting access to material that is harmful to minors.
5. Registration / Accounts
You may create an account by providing us with your name, e-mail address and (optional) your phone number (an “Account”). Users who have created an Account (“Registered Users”) can access their accounts through the “Login” part of our websites and applicable digital Purpose Services and manage their email address and other personal information, including, but not limited to, shipping addresses and view their existing or past orders. You do not need to create an account to receive Content or other marketing information via a Subscription or to submit an order to purchase products that may be listed on any of our websites or related digital Purpose Services.
By creating an account, you agree: (a) that you are able to and have the appropriate authority and authorization to create a binding agreement with Gaia; (b) provide true, accurate, current and complete information about yourself when we request it; (c) maintain and promptly update this information to keep it true, accurate, current and complete to the extent our digital Purpose Services permit such updates; and (d) use limited-access portions of our digital Purpose Services only using access credentials that we have issued to you. If you have previously had your access to or use of our digital Purpose Services terminated by us, you may not access or use our digital Purpose Services under any circumstances. You should never share your Account information with third parties or allow third parties to use your Account.
By providing Gaia and/or Metamorphany your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of our digital Purpose Services and special offers. If you do not want to receive such email messages, you may opt-out or change your preferences on the personal settings page associated with your account. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
When you sign up for or use our products and services, you may give us permission to access your information in other services. For example, you may link your Facebook account, which allows us to obtain information from those accounts (like your full name and email). The information we get from those services often depends on your settings or their privacy policies, so be sure to check what those are.
6. Intellectual Property Rights Restriction and Content Policy
Our digital Purpose Services and its content, features and functionality, including, without limitation, information, software, course and professional and personal development program materials, coaching and mentoring tools, text, graphics, logos, button icons, images, audio clips, video clips, data compilations and the design, selection and arrangement thereof, are the exclusive property of Gaia, our licensors or other content suppliers, and are protected by Canadian and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, and may not be used or exploited in any way without our prior written consent.
Gaia tries to ensure that the Content is accurate and complete, but all Content, whether publicly posted in Postings, published and sold in Courses, Services, Bundles, Extras and/or Packages, and/or other on our digital Purpose Services, or privately transmitted between Users of our digital Purpose Services, is the sole responsibility of the person or persons, and/or distinct entity who originated such content.
Gaia may not monitor or control any or all of the Content posted via our digital Purpose Services and takes no responsibility for any such Content. Any use or reliance of any Content or materials posted or sold on or via our digital Purpose Services, or obtained though our Services, is done at the User’s own risk.
You understand that by using our digital Purpose Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive.
Gaia does not warrant that the functional aspects of our websites, courses and training programs or the Content will be error free or that the websites, the Content or the server that makes it available are free of viruses or other harmful components. Gaia and its suppliers and/or partners make no warranties about the Content or about results to be obtained from using our digital Purpose Services. You bear the entire risk of the completeness, truthfulness, accuracy, reliability or usefulness of any Content found or sold on our websites and in all of our digital Purpose Services. Nor do we endorse any opinions expressed via the Services. Under no circumstances will Gaia be liable in any way for any Content, including but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via our digital Purpose Services or broadcasted elsewhere.
Gaia reserves the right to withdraw, temporarily or permanently, any Content from our digital Purpose Services at any time and for any reason and such removal may be immediate and without notice. As an express condition to your use of and access to our digital Purpose Services, you acknowledge, agree and confirm that Gaia is not liable to you or any third party for any such withdrawal.
Our digital Purpose Services Content is selected by our master coaches, mentors, experts and editors, and is editorial content. We do not accept or take advertising, except where we specifically indicate as such. We do not accept payment from third parties for products or Content to appear on or in any of our digital Purpose Services. From time to time some of the Content may be sponsored or third-party content (“Sponsored Content”) and any such Sponsored Content will be clearly marked as such. When you subscribe to receive Content, you agree to receive Sponsored Content. If you would prefer not to receive such Sponsored Content you should unsubscribe by clicking the “Unsubscribe” link at the bottom of any email or sending an email to [email protected] with “Unsubscribe” in the subject line. If you unsubscribe you will not receive any Content, whether it is Sponsored Content or Metamorphany Content. To the extent that we post third party Content, it reflects the personal opinions and views of the third-party authors and does not necessarily reflect the opinions and views of Gaia and/or Metamorphany and we accept no responsibility for any such third party opinions and views.
You may not under any circumstances:
- Copy or print any of the Content, whether licensed by us or otherwise, unless and to the extent it is for your own personal, non-commercial use and you must retain all trademark, copyright and other proprietary notices contained in and on any such Content;
- Reproduce, download, modify, translate, add to, distribute, transmit, publish, perform, display, disclose, archive, upload, broadcast or sell, sublicense, index or exploit any part of our Purpose Services or the content thereon and therein in any medium, either directly or through the use of any device, software, internet site, web-based service or other means, without our prior express written permission;
- Remove, alter, bypass, avoid, interfere with or circumvent any copyright, trademark or other proprietary notices marked on the Content or any digital rights management mechanism, device or other content protection measures either directly or through other means;
- Mirror, frame, screen scrape or deep link to any aspect of our websites or other related digital Purpose Services or access any Content through technology or means other than those provided or authorized by us;
- Photograph, photocopy, video or audio record, any Content of any aspect of our Purpose Services other than those provided or authorized by us;
- Access our digital Purpose Services via any automated system, including, without limitation, by “robots,” “spiders,” “offline readers,” etc., or take any action that imposes, or may impose (as determined in our sole discretion), an unreasonable or disproportionately large load on our infrastructure;
- Knowingly or recklessly upload invalid data or introduce viruses, worms, Trojan horses or other malware or software agents, whether harmful or not, to our websites and our other digital Purpose Services, or tamper with, impair, damage, attack, exploit or penetrate the Gaia and Metamorphany systems or network, or otherwise attempt to interfere with or compromise the system integrity or security of Gaia, Metamorphany or any connected or affiliated networks, or take any action to impact the proper operation of our Purpose Services and any person’s or entity’s use or enjoyment thereof;
- Bypass the measures we may use to prevent or restrict access to or use of our digital Purpose Services, including by hacking into secured or non-public areas of our digital Purpose Services, circumventing any geo-blocking mechanisms or otherwise;
- Use our digital Purpose Services to collect any personally identifiable information, including Account names and e-mail addresses, or use our Purpose Services for any commercial solicitation purposes, without our prior express written permission; or
- Attempt to reverse engineer any aspect of our digital Purpose Services or attempt to derive the source code (including the tools, methods, processes and infrastructure) that enables or underlies the Website or other of our relevant digital Purpose Services, create any derivative works or materials of any kind using the Content, whether or not you intend to give away the derivative materials free of charge, or otherwise build a business utilizing any aspect of our digital Purpose Services.
6.2 User generated content
If and to the extent that we elect to accept user generated content (Postings, Products and/or Services, including but not limited to Articles, Insights, Books and/or Courses), you may have the opportunity to publish, transmit, submit or otherwise post reviews, ratings, comments, feedback or other materials on any of our relevant digital Purpose Services (“User Generated Content”) that may be accessible and viewable by the public.
By uploading Content to the Site, and by using our digital Purpose Services, you represent and warrant that the Content:
- Is owned by you or, to the extent that it is owned by someone else, that you have permission from the owner to provide the Content to our digital Purpose Services for use as described above and, in either case, that the Content does not contain any personally identifiable information about any individual (“Personal Information”, such as another person’s address, phone number, e-mail address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual) other than yourself;
- Does not infringe any patent, trademark, trade secret, copyright, contract or other intellectual property right or other proprietary rights of Gaia or any third party;
- Does not violate or invade our or any other person’s legal rights (including the rights of publicity and privacy), contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or otherwise promote, advocate or assist any illegal activity or unlawful act;
- Does not contain any material that is false, defamatory, libelous, obscene, harassing, threatening, discriminatory, bigoted, hateful, violent, vulgar, profane, pornographic, invasive of privacy or publicity rights, inappropriate, damaging, unlawful, disruptive, harmful, abusive, inflammatory, or otherwise offensive or objectionable;
- Does not create or threaten harm to any person or loss or damage to any property;
- Does not include any false attribution, such as a fabricated testimonial from a celebrity, or any other person or organization;
- Does not include, install or attempt to install or promote malicious code, which includes, without limitation, viruses, spyware, malware, Trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information (including but not limited to Personal Information) on our computers or equipment or the computers or equipment of third parties;
- Does not break the law, encourage or facilitate the breaking of the law, or violate any applicable regulation, rule or policy, of any applicable jurisdiction;
- Does not offer to disseminate fraudulent goods, services, schemes, or promotions; and
- To the best of your knowledge, all factual information in the Content you upload is true and accurate, and the use of any recipe, formula, or instruction in the Content will not result in personal injury to any person.
The person who creates and/or uploads the Content, or to whom control of the Content is transferred in the case that the identity of the Account Holder is transferred from one person to another, is, as Content Holder, entirely responsible for the Content. Since computers and other equipment (both yours and ours) are subject to occasional malfunction, you agree that you will not hold Gaia responsible for any damage to, corruption, loss or destruction of the Content. In addition, Gaia is not responsible for backing up or archiving the Content, and will have no obligation or liability to you.
As a User of our digital Purpose Services and provider of User Generated Content, you agree:
- Not to post any Content that would violate these Terms;
- Not to use our digital Purpose Services to harm or exploit anyone, including but not limited to Minors, in any way, by, including but not limited to, exposing them to inappropriate content, asking for personally identifiable information or otherwise;
- Not to misrepresent your identity or affiliation with any person or organization, including Gaia, Metamorphany or any connected or affiliated ecosystem partners / Purpose Services, impersonate another person or entity or forge any e-mail communication or message;
- Not to use “spam,” “blast-faxes,” or recorded telephone messages to market or sell Content or any other product or service;
- Not to seek to collect other users’ e-mail addresses and/or their usernames or passwords for their Accounts or other services by electronic (employing a robot, spider or other process or device that harvests e-mail addresses or other user information or monitors the activity on websites) or other means for any purpose, including to send unsolicited e-mail or other electronic communications;
- Not to seek to transmit chain letters, bulk or junk e-mail, whether automated or not, or interfere with, disrupt or create an undue burden on Gaia or the networks or services connected to any of our Purpose Services; or
- Involve commercial activities such as contests, sweepstakes and/or other sales promotions, barter, advertising or offers of sale or purchase of goods and services; or
- Be otherwise objectionable or non-family friendly as determined by Gaia at its sole discretion.
- Not to interfere with the operation of the Site via the use of viruses, programs or technology designed to disrupt or damage software or hardware; and
- Not to use any of Gaia’s digital Purpose Services to sell physical goods. This includes, but is not limited to, offering codes or coupons to customers that they may redeem for physical goods. To be clear, you may only use our digital Purpose Services to sell digital goods, except for those selected principal Content Partners with whom Gaia has engaged in a unique separate contractual agreement.
In addition to complying with all the above and below restrictions on conduct and Content, you are responsible for adhering to all local and national laws of the jurisdiction in which you are located.
We do not claim ownership to User Generated Content. However, by posting User Generated Content, you irrevocably grant us and our assigns, agents and licensees and other users a worldwide, non-exclusive, irrevocable, royalty-free, fully paid license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to: (i) use, reproduce, transmit, modify, index, adapt, publish, translate, create derivative works from, distribute, display and otherwise exploit such content throughout the world in any media, whether now known or hereafter invented, including for any and all purposes, including commercial or marketing purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or any other person or entity, and (ii) to use your name, persona or likeness alone or in connection with such uses, without any obligation or remuneration to you. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User Generated Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User Generated Content for any purposes whatsoever, including developing, manufacturing, and marketing products and/or services. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Generated Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. You agree to pay all royalties, fees and other monies owing to any person or entity by reason of the User Generated Content that you post on any or more websites within our digital Purpose Services ecosystem.
We reserve the right, but have no obligation, to monitor or to take any action regarding disputes between you and any other user and shall have no liability for your interactions or any disputes with other users or for any user’s action or inaction. You are solely responsible for your conduct on our digital Purpose Services and your interactions with other users.
If and to the extent that we elect to accept User Generated Content, please choose carefully the information you post on our digital Purpose Services and that you give to other users. You are discouraged from publicly posting your full name, telephone number, street address, e-mail address or other information that identifies you or allows strangers to find you or to steal your identity. You assume all risks associated with dealing with other users with whom you come in contact through our digital Purpose Services, and to the extent that the law permits, you release us from any claims or liability related to any User Generated Content posted on our digital Purpose Services and from any claims related to the conduct of any other users.
7. Copyright, Intellectual Property, Creative Commons, Public Domain, Disputed Content, and Related Policies
To ensure that Gaia and related and affiliated Purpose Services remain focused on our mission, and does not degenerate into a sideshow, we have a number of harsh-sounding policies.
VIOLATING ANY OF THE POLICIES IN THIS SECTION WILL RESULT IN ACCOUNT SUSPENSION OR DELETION (INCLUDING ALL OF THE ACCOUNT HOLDER’S PRODUCTS) AT OUR SOLE DISCRETION, WITHOUT ANY NOTICE REQUIRED, OR IN ALTERNATIVE LEGAL ACTIONS.
All contents of our digital Purpose Services including but not limited to text, design, graphics, interfaces, or code that has not been explicitly listed as content by Gaia’s registered users or content partners (Authors and/or Publishers) are: Copyright 2018-2022 by Gaia Innovations Inc. All rights reserved.
All trademarks, service marks, and trade names are trademarks or registered trademarks and are proprietary to Gaia, or other respective owners that have granted Gaia license to use such marks.
7.1 Copyright Holders Only
All registered users and content partners (Authors and/or Publishers) that are providing their contents publicly through any or more of our digital Purpose Services agree to our “Copyright Holders Only” policy that states that only the holder of the associated copyright for any Content may use our Purpose Services to publish that Content. This restriction is not limited to text, design, graphics, interfaces, or code related to a posting, course or other Product or Service; it applies to any Content, including, for example, a User’s profile or a Product’s or Service’s “About” section.
7.2 Standard Copyright License
Gaia owns the copyright to all contents produced and published by Gaia together with any other website, services or applications branded as, provided by, facilitated by, and/or supported by Gaia. Registered users and content partners (Authors and/or Publishers and/or third party Organizations) who have used our Purpose Services to publish their own content own the copyright to their work. By default, all Contents published on our digital Purpose Services, including, but not limited to Postings, Courses and Books are published under a standard copyright license, belonging to either Gaia, the Author or Authors and/or Publisher or Publishers and/or third party Organization or Organizations.
7.3 Creative Commons Policy
Gaia also provides the option to Users and Content Partners to choose to publish their copyrighted works under one of a number of Creative Commons Licenses as an alternative to the standard copyright license.
However, you are ONLY allowed to publish a Creative Commons Product on our digital Purpose Services if YOU are the copyright owner(s) for that Product. You cannot publish Creative Commons Products that you do not own the copyright to, even if the Creative Commons license permits it elsewhere.
7.4 Copyright Infringement is STRICTLY FORBIDDEN
If we determine that ANY of the content in a Posting, Product and/or Service on our digital Purpose Services, does or may infringe upon the copyright of Gaia or others, we will remedy this by stopping the Posting or sale of the Product/Service and possibly deleting the offending Content. We may also suspend or delete any Gaia Account, including all Postings, Products and/or Services associated with it, if, at Gaia’s sole discretion, we feel that the perceived offence warrants it.
Gaia also reserves the right to withhold revenue and to refund all refundable purchases of all of a User’s Postings, Products and/or Services if Gaia, at its sole discretion, determines there to have been a violation of these Terms associated with the User’s account.
7.5 Account Holders Authorize Gaia to Send DMCA Takedown Notices on Your Behalf
Gaia Account Holders hereby appoint Gaia as a DMCA copyright representative, and authorize us to send DMCA Takedown notices on their behalf, for as long as their Posting, Product and/or Service is available for others on our digital Purpose Services. This does not constitute a promise, commitment or requirement to send DMCA Takedown notices under any circumstances. Gaia reserves the option to do so with the intention of addressing particularly egregious violations of copyright.
7.6 Notification of Copyright Infringement, Counter-Notification, and Disputed Content
Gaia is located in Canada and complies with Canadian regulations. On the matter of copyright, Canada has a “Notice and Notice” regime, under which we are obliged to forward a compliant notification of copyright infringement (a “Notification of Infringement”) to any User alleged in the Notification of Infringement to have added Content to and on our digital Purpose Services that violates the claimant’s copyright or intellectual property rights.
7.6.1 Submitting a Notification of Infringement
If you believe that any content appearing on our digital Purpose Services, including content created and/or displayed by Gaia or other material provided through a link, infringes your copyright, you should notify us in accordance with the procedure set forth below.
ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
To be effective, a notification of claimed copyright infringement must be in writing. The notification should be e-mailed to [email protected] with “Copyright Infringement Notice” in the subject line.
To help establish the credibility of the claim, we may also ask for other information, such as an electronic or physical signature of the person (“the Claimant”) authorized to act on behalf of the owner of an exclusive copyright interest.
By law, a compliant Notification of Infringement sent to Gaia must include the following (the “Positive Information”):
- The name, address, telephone number and e-mail address of the Claimant;
- A description of the copyrighted work that you claim has been infringed;
- A detailed specification of the infringement;
- Details concerning the timing of the infringement; for example, the date on which the alleged infringement was discovered, and/or an indication that the alleged infringement is current, at the date and time of notification;
- The Internet address (for example, a Gaia Course’s URL) associated with the related content that the Claimant’s claim is infringing, or any other description that is reasonably sufficient to enable us to identify and locate the material, and a description of the material that is subject to the Claimant’s copyright and is allegedly infringed;
- A declaration of the Claimant’s rights or interests in relation to the related Content;
- A statement by the Claimant that (s)he has a good faith belief that the disputed use is not authorized by the copyright owner, its agent or by law; and
- A statement by the Claimant that the above information in his/her notice is accurate and under penalty of perjury that (s)he is authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material.
A legally compliant Notification of Infringement must not include the following (the “Negative Information”):
- Any offer to settle the claim of infringement;
- Any request, demand, or offer regarding payment, or the release of personal information, in relation to the claim of infringement;
- Any reference, such as a hyperlink, to such a request, demand, or offer not included in the Notification of Infringement;
- Any other information that is proscribed by regulation.
Upon receipt of a legally compliant Notification of Infringement, Gaia is not required to take any other action, besides the requirement to forward the Notification of Infringement to the User or Users alleged to have violated the claimant’s copyright or intellectual property rights. In this circumstance, we may choose to remove the associated Posting or Postings and/or Product or Products and/or Service or Services from our digital Purpose Services, and we may choose to revoke Users’ access to any associated Posting or Postings and/or Product or Products and/or Service or Services (such as revoking the Author or Authors’ access, or take any other action we deem appropriate, at our sole discretion, without any requirement to inform any associated Users of our action or actions. We may also choose to do nothing, at our sole discretion.
Please note that this procedure is exclusively for notifying Gaia and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Gaia’s rights and obligations under the Canadian Notice and Notice Regime and Copyright Modernization Act of Canada, but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the Canadian Notice and Notice Regime, Copyright Modernization Act of Canada and other applicable laws.
7.6.2 Submitting a Counter-Notification to GAIA
Upon receipt of a Notification of Infringement from Gaia, a User may dispute the Notification of Infringement by sending to Gaia a counter-notification (the “Counter-Notification”).
To be effective, a Counter-Notification of claimed copyright infringement must be in writing. The counter-notification should be e-mailed to [email protected] with “Copyright Infringement Counter-Notification” in the subject line.
The Counter-Notification process set out in these Terms is defined by Gaia for the purpose of protecting Users from ostensibly frivolous claims of infringement, and to give Users a formal, transparently defined opportunity to establish their seriousness regarding the matter. This Counter-Notification process is not required or defined by Canadian regulation. This process does not subject Gaia to any legal obligations in addition to those specifically required by regulation. We have established this process for the purposes of transparency and signalling how seriously we take issues concerning copyright.
A Counter-Notification sent to Gaia must contain the following:
- The name, address, telephone number and e-mail address of the Claimant and the User (“Respondent”);
- The Internet address (for example, a Gaia Course’s URL) associated with the related content set out in the Claimant’s Notification of Infringement, or any other description that is reasonably sufficient to enable us to identify and locate the material, and a description of the material that is subject to the Claimant’s copyright and is allegedly infringed;
- A declaration of the Respondent’s rights or interests in relation to the related Content;
- A statement by the Respondent that the above information in his/her counter-notice is accurate and under penalty of perjury that (s)he is authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material.
To help establish the credibility of the claim, we may also ask for other information, such as an electronic or physical signature of the person (“the Respondent”) authorized to act on behalf of the owner of an exclusive copyright interest.
Unless we are ordered to do so through a legal process, the contents of the Counter-Notification will not be shared with the Claimant.
At its sole discretion, Gaia may respond to the Counter-Notification by carrying out an action or actions it deems appropriate. For example, if we set a User’s Course to be Forcibly Revoked after receiving a compliant Notification of Infringement, upon receipt of a Counter-Notification from an affected User, we may choose to return the Course to the State it was in when we changed its State to the Forcibly Revoked state.
At any point in the process, we may also choose to classify the associated Content as Disputed Content (see the “Disputed Content” section of these Terms.) We may also choose to do nothing. Receipt of a Counter-Notification does not bind Gaia to any response; in particular, it does not bind us to setting a Posting, Product and/or Service to a State of Published, in which it can be sold or offered on our digital Purpose Services.
7.6.3 Disputed Content
It is not Gaia’s responsibility to mediate copyright disputes, nor should it be. That is a matter for people to work out either between themselves, or in court. If we become aware that any Content is or may be related to some disagreement or other conflict regarding ownership of copyright or intellectual property rights (i.e. that it is or may be “Disputed Content”), we may choose to respond, at our sole discretion, to limit our exposure to the Disputed Content.
For example, we may set any Posting, Product and/or Service associated with the Disputed Content to the Forcibly Revoked state. We may also restrict the access to our digital Purpose Services for any Users associated with the Disputed Content, and we reserve the right to delete any other Content created by those Users. We may also delete the Users’ Gaia Accounts entirely. To be clear, we may terminate any User’s access to any of Gaia’s Purpose Services at any time and without notification to the affected Users, upon determination, at our sole discretion, that the User is associated with Disputed Content.
Our response may also include withholding any royalties associated with the Disputed Content, and to refund all refundable purchases of the Content. We may also remove the Disputed Content from Users’ Account, at our sole discretion.
Matters related to Disputed Content are often unresolvable from the perspective of Gaia. Our decision to classify Content as Disputed Content is in no way a declaration or judgment regarding the ownership of the Disputed Content nor a declaration or judgment regarding any User’s participation in infringing activity. Instead, it is a means of limiting Gaia’s exposure to matters of apparently genuine dispute, or those where the truth is, from our perspective, indeterminate.
For this reason, unless Gaia decides otherwise at its sole discretion, once a URL has become associated with Disputed Content, it is no longer available for use to sell or offer any content on our digital Purpose Services. This includes new content not associated with the Disputed Content, and even content created by other Users.
7.7 Non-Author Copyright Owners
It is permissible for copyright owners who are not the Author or Authors of any Content to publish and sell that Content on our digital Purpose Services. This includes, for example, a company that owns the copyright to the Content, or someone who has inherited copyright ownership from a deceased person.
7.7.1 Death of Copyright Holder
If the copyright owner of Content dies, the person to whom the copyright is passed becomes the Owner of any associated Content published on our digital Purpose Services. The new owner of the Content takes on the rights of the Primary Author and may leave the Content up for sale on our digital Purpose Services, retire or revoke the Content, or take any other action permitted to a Primary Author. To be clear, upon the death of a copyright owner for any Content, we do not “lock” the Account or unpublish any associated Product or Products.
8. Privacy and Communications
8.2 Consent To Electronic Communication
You consent to receive communications from us, whether required by law or otherwise, either by e-mail if you have provided us with your e-mail address, or by notice posted on our digital Purpose Services as determined by us in our sole discretion. You agree that any requirement that a notice, disclosure, agreement or other communication be sent to you by us in writing is satisfied by such electronic communication. We are not responsible for any automatic filtering you or your network provider may apply to communications we send to an e-mail address that you provide to us.
8.3 Mobile Messaging Terms
When you provide us with your mobile telephone number, you agree that Gaia may send you text messages (including SMS and MMS) to that mobile telephone number. Gaia may send you up to ten text messages per month. When you first provide your mobile telephone number to us, you will receive a confirmation text message and you may need to reply as instructed to complete registration. Gaia will never charge you for the test messages you receive, however you may see message and data rate charges from your mobile provider, though, so be sure to check your plan.
You are responsible for the payment to your mobile provider of any message, data and other charges related to text messages, including for confirmation texts you receive and your responses thereto.
You may opt-out of receiving any future text messages from Gaia at any time by replying the keyword “STOP” to any of our text messages. If you opt-out you agree to receive a final text message confirming your opt-out. When you opt-out of text messaging, you will no longer receive any texts messages unless you re-subscribe. In addition, for assistance, you may reply to any text message with the keyword “Help”. Texts may be sent through an automatic telephone dialing system. Consent to receive mobile messages is not required as a condition to using any of our websites or to purchase any goods or services on any of our websites or other digital Purpose Services.
You agree to notify us of any changes to your mobile telephone number by clicking the “Manage Preference” link at the bottom of any Subscription or by sending an email to [email protected] with “Update Mobile Number” in the subject line. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.
9. Modification or Suspension of our digital Purpose Services and Right to Terminate Your Use of our digital Purpose Services
We reserve the right to change, suspend or discontinue any aspect of our digital Purpose Services at any time and from time to time, in our sole discretion and without notice or liability, including by adding or eliminating certain features or discontinuing our digital Purpose Services entirely. Any description of features on our website shall not be considered to be a representation by Gaia that such features will always be included on our digital Purpose Services. From time to time, we may restrict access to some or all of our digital Purpose Services, including for Registered Users. We also reserve the right to terminate or suspend your Account or restrict your use of or access to our digital Purpose Services, without notice or liability, for any reason or no reason at our sole discretion. Accordingly, for any reason, and without notice, all or any part of our digital Purpose Services may become unavailable to you at any time and for any period.
If we suspend or discontinue any aspect of our digital Purpose Services or terminate your Account, we are not responsible for providing you with any information or content. We may also delete your other preferences and interests to the extent stored within or in connection with your Account. You have no recourse with regard to any information that we delete regardless of any value you may ascribe to such information. We expressly disclaim any value you may attribute to any of your information stored on our servers.
10. Linked Destinations and Advertising
We do not endorse, and Gaia expressly disclaims responsibility and liability for, Linked Sites, including with respect to the content, products and services provided by the Linked Sites. Any interactions you have with Linked Sites are between you and the Linked Sites and you agree that Gaia is not liable for any damage or loss you may suffer as a result of any interactions with any such Linked Sites or any claims that you may have against any such Linked Sites.
You understand that products and/or services offered by Gaia may contain materials or instructions that may pose a physical or mental risk if handled improperly, and you acknowledge that Gaia is not liable for any personal injury or property damage arising from any misuse of any products our service offered through our digital Purpose Services. You further acknowledge that products or services may not be suitable for use by young children, and you expressly assume sole liability for providing any individual under the age of 13 with access to any Gaia products and/or services and under the age of 18 to those products and/or services with specific age restrictions and/or a Gaia account is required. You hereby agree not use products for any illegal purpose and you assume all liability for any action you take for any action that is contrary to any law, rule, or regulation of any territory.
12. Warranty Disclaimer
The information, software, products and services included in or available through our digital Purpose Services are continually upgraded and updated. While Gaia will use commercially reasonable efforts to verify the accuracy of any information it places on our digital Purpose Services, Gaia does not warrant or represent that such information, products and/or services are reliable, accurate, complete, uninterrupted, error free, secure or free of defects, viruses or bugs.
ACCORDINGLY, OUR DIGITAL PURPOSE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATION OR WARRANTY OR CONDITION OF ANY KIND AND YOUR USE OF OUR DIGITAL PURPOSE SERVICES IS ENTIRELY AT YOUR OWN RISK. GAIA AND/OR ITS PARTNERS EXPRESSLY DISCLAIM ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED, REGARDING OUR DIGITAL PURPOSE SERVICES, INFORMATION, SOFTWARE, PRODUCTS SERVICES OR RELATED GRAPHICS, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY PURPOSE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, COMPATIBILITY, SECURITY AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. IN STATES AND JURISDICTIONS IN WHICH THE EXCLUSION OF WARRANTY IS PROHIBITED, SUCH EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMITTED.
GAIA DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY INFORMATION, PRODUCT OR SERVICE PROVIDED, ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OUR DIGITAL PURPOSE SERVICES OR ANY LINKED SITE AND GAIA WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND ANY LINKED SITE. ANY SUCH LINKS ARE PROVIDED FOR YOUR CONVENIENCE ONLY. IF YOU CHOOSE TO CLICK ON ANY SUCH LINKS, YOU ACKNOWLEDGE AND AGREE THAT YOU, NOT GAIA, ARE DISPLAYING ITS CONTENTS AND YOU ACCESS SUCH LINKED SITES AT YOUR OWN RISK. WE EXPRESSLY DISCLAIM ALL LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED BY ANY SOCIAL MEDIA SERVICES IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH SOCIAL MEDIA ACCOUNTS.
You acknowledge and agree that any reliance on the information and other materials included on our digital Purpose Services shall be at your sole risk and responsibility. Gaia reserves the right, in its sole and absolute discretion, to correct any errors or omissions in any part of our digital Purpose Services and to make changes to the services, materials, products, programs and features included therein at any time with or without notice.
13. Medical, Nutrition and Fitness Information
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ALL MEDICAL, NUTRITION AND FITNESS INFORMATION PROVIDED ON OUR DIGITAL PURPOSE SERVICES, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY GAIA OR BY OTHER USERS OR THIRD PARTIES, IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (i) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (ii) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (iii) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. PLEASE CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER IF YOU HAVE HEALTH-RELATED QUESTIONS BEFORE USING ANY OF OUR PRODUCTS OR RELYING ON ANY INFORMATION YOU OBTAIN ON OUR DIGITAL PURPOSE SERVICES. INFORMATION AND STATEMENTS REGARDING DIETARY SUPPLEMENTS HAVE NOT BEEN EVALUATED BY THE CANADAFDA, THE CANADAFDR, THE G-CANADACTAPPS, AND CAN-29, HEALTH CANADA (HC) AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE. SHOULD YOU HAVE ANY HEALTH-RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 (OR EQUIVALENT LOCAL EMERGENCY LINE) IMMEDIATELY.
YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON OR VIA OUR DIGITAL PURPOSE SERVICES AND YOU SHOULD NOT USE OUR DIGITAL PURPOSE SERVICES OR ANY CONTENT AVAILABLE THROUGH OR VIA OUR DIGITAL PURPOSE SERVICES FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF ANY CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND GAIA, ITS AFFILIATES OR ANY THIRD PARTY. OUR DIGITAL PURPOSE SERVICES MAY PERIODICALLY PROVIDE INFORMATION CONCERNING FITNESS AND ATHLETIC ACTIVITIES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SUCH ACTIVITIES CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES, EVEN IF CAUSED IN WHOLE OR PART BY OUR ACTION, INACTION OR NEGLIGENCE OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS. GAIA STRONGLY RECOMMENDS THAT YOU CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER BEFORE BEGINNING ANY NEW FITNESS PROGRAM OR ENGAGING IN ANY NEW ATHLETIC ACTIVITIES.
14. Indemnity and Release
15. Limitations on Liability
UNDER NO CIRCUMSTANCES WILL GAIA AND/OR ANY OF ITS AFFILIATES, MENTORS, COACHES, CONSULTANTS, LICENSORS, LICENSEES, SUCCESSORS OR ASSIGNS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF OUR DIGITAL PURPOSE SERVICES, YOUR DATA OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. WE RESERVE THE RIGHT AT ALL TIMES TO DISCLOSE ANY INFORMATION THAT WE DEEM NECESSARY TO COMPLY WITH ANY APPLICABLE LAW, RULE, REGULATION, LEGAL PROCESS OR GOVERNMENTAL REQUEST. YOU WAIVE AND HOLD HARMLESS GAIA AND ITS AFFILIATES, MENTORS, COACHES, CONSULTANTS, LICENSORS, LICENSEES, SUCCESSORS AND ASSIGNS FROM ANY CLAIMS RESULTING FROM ANY ACTION RELATING TO YOUR ACCOUNT OR TAKEN AS A RESULT OF ANY SUCH DISCLOSURE. GAIA MAKES NO REPRESENTATION THAT OUR DIGITAL PURPOSE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE AT LOCATIONS OUTSIDE OF CANADA. ACCESS TO OUR DIGITAL PURPOSE SERVICES FROM TERRITORIES WHERE SUCH SERVICES ARE ILLEGAL IS STRICTLY PROHIBITED. IF YOU ACCESS OUR DIGITAL PURPOSE SERVICES FROM A LOCATION OUTSIDE OF CANADA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL AND OTHER APPLICABLE LAWS.
16. Law and Jurisdiction
17. Binding Arbitration and Class Action Waiver
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us at [email protected] with “Arbitration Request” in the subject line.
18. Waiver and Severability
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
21. Entire Agreement