Terms and Conditions 2023
KundaDance Instructor Agreement
It is important that all instructors and students enjoy the highest quality experience with the KundaDance program. Therefore, you and Mayalife, LLC (“Mayalife”) are entering into this Instructor Agreement (“Agreement”) to spell out our specific roles and responsibilities with regard to the KundaDance program. We agree as follows:
1. Definitions.
For purposes of this Agreement, the following terms have the following meanings:
1.1 “KundaDance Marks” means trademarks, service marks and logos owned by Mayalife related to KundaDance.
1.2 “KundaDance Works” means original instructional, literary, dramatic, musical, artistic and other works owned by Mayalife related to KundaDance, including but not limited to the KundaDance manual, KundaDance instructional videos and original KundaDance music.
1.3 “Mayalife Materials” means the KundaDance Marks and the KundaDance Works.
2. Certification as an Instructor; Renewal.
2.1 Mayalife will provide you with in-person KundaDance training and will provide you a copy of the current versions of the KundaDance Works to continue to practice your instructional training on your own. The time, place and number of participants in the training will be determined by Mayalife.
2.2 Before you begin teaching KundaDance classes to the public, you need to be certified as an instructor. To start the certification process, create a video of yourself showing how you would teach a KundaDance class accompanied by the KundaDance music provided by Mayalife (an “Application Video”) and submit the Application Video to Mayalife for review at info@mayafiennes.com or such other email address that may be specified by Mayalife.
2.3 After review of your Application Video, Mayalife will, at its sole discretion, either (i) issue you a KundaDance instructor certification (“Instructor Certification”) or (ii) provide feedback on areas in your teaching which need improvement. If you are not issued an Instructor Certification on your first try, you may submit a new Application Video to Mayalife for review. If you are not issued an Instructor Certification within two (2) months of your initial in-person KundaDance training or if you decide during that time not to submit a new Application Video for review, you must return the Mayalife Materials to Mayalife.
3. Use of Mayalife Materials; Restrictions.
3.1 For the period prior to being issued your Instructor Certification, and subject to the terms of this Agreement, Mayalife grants you a personal, nonexclusive, non-transferable, non-sublicensable and revocable limited license to use the Mayalife Materials solely for the purposes of practicing your instructional training and creating your Application Video(s). No other uses are permitted.
3.2 For the period while your Instructor Certification is valid, and subject to the terms of this Agreement, Mayalife grants you a personal, nonexclusive, non-transferable, non-sublicensable and revocable limited license: (i) to use the Mayalife Materials for the purposes of practicing your instructional training and to teach your KundaDance classes and events; (ii) to use the KundaDance Marks in compliance with Mayalife’s then-current brand and trademark guidelines to promote and teach your KundaDance classes and events; and (iii) to use the KundaDance Marks in compliance with Mayalife’s then-current brand and trademark guidelines to identify you as a certified KundaDance instructor. No other uses are permitted.
3.3 Mayalife owns all right, title and interest in the Mayalife Materials and your use of the Mayalife Materials inures to the sole benefit of and is on behalf of Mayalife. The Mayalife Materials are licensed, not sold, and this Agreement does not give you any right, title or interest in the Mayalife Materials other than the licenses to use the Mayalife Materials as permitted herein. You will not contest Mayalife’s ownership of the Mayalife Materials, the validity or enforceability of the Mayalife Materials, or the validity of this Agreement. You will not register or attempt to register any trademark, service mark, logo, copyright, trade name or business name that incorporates “Kunda”, “KundaDance” or the Mayalife Marks, or any derivations thereof, nor will you assist any party in doing so. All KundaDance Materials remain the property of Mayalife on loan to you and must be returned to Mayalife when your license to use the Mayalife Materials ends.
3.4 Mayalife will own all live performance copyright rights in and to any KundaDance classes or events, including the copyright in the filming, recording, streaming, uploading or reproduction of such classes or events. However, you may make and use your own videos, photographs or printed materials promoting your KundaDance classes and events (“Instructor Promotional Materials”), provided that your Instructor Promotional Materials (i) comply with Mayalife’s then-current brand and trademark guidelines, (ii) are not promoted, offered or used as a substitute for the KundaDance Works or as a substitute for in-person teaching of KundaDance and (iii) are not sold, rented or leased by you to any third party.
4. Standards of Conduct.
You agree to:
• Conduct your business and KundaDance classes and events in a professional manner that reflects favorably at all times on the KundaDance program and the good name, goodwill and reputation of Mayalife and Maya Fiennes;
• Comply with all laws, rules and regulations that apply to you and your classes and events;
• Identify your KundaDance classes and events using the proper KundaDance Marks;
• Conduct your KundaDance classes and events using only the KundaDance movements and music approved by Mayalife;
• Comply with any instructions from Mayalife with regard to your use and return of the Mayalife Materials; and
• Hold your KundaDance classes and events at venues which are clean, safe and well-lit and which have a high-quality sound system. Venues with excessively bright and uncomfortable florescent or neon lights are prohibited. KundaDance lessons should be a great experience for all and the environment matters.
5. Fees.
5.1 As consideration for your initial instructor training and the licenses granted in Section 3, an “Initial Fee” of three hundred fifty dollars ($350.00) is due and payable prior to your initial KundaDance training.
5.2 Except as specifically set forth in this Agreement, Initial Fees are non-refundable.
6. Termination.
6.1 You may terminate this Agreement at any time by giving Mayalife written notice.
6.2 If you do not pay your Initial Fee or any Renewal Fee when due, this Agreement will automatically terminate on the payment due date.
6.3 Mayalife may terminate the KundaDance program at any time by giving you written notice, in which case you will be provided a pro-rata refund of your latest Initial Fee or Renewal Fee (as applicable).
6.4 Mayalife may terminate this Agreement by giving you written notice if you breach this Agreement or as a result of any other action or conduct by you that Mayalife deems detrimental to the KundaDance program or the good name, goodwill and reputation of Mayalife and Maya Fiennes. Mayalife may, but is not required to, provide you with an opportunity to cure any breach prior to termination under this section.
6.5 Upon termination, you will immediately: (i) stop teaching and promoting KundaDance classes and events; (ii) discontinue all use of your Instructor Promotional Materials; (iii) discontinue all use of the Mayalife Materials; (iv) return all Mayalife Materials in your possession or under your control to Mayalife; and (v) transfer any domain names in your possession or under your control which incorporate the Mayalife Marks to Mayalife. All rights in and to the Mayalife Materials and the goodwill associated with them will remain the exclusive property of Mayalife following any termination of this Agreement.
7. Disclaimers and Limitation of Liability.
7.1 Mayalife makes no representations or warranties, express or implied, with respect to KundaDance or the Mayalife Materials or any other Mayalife-related products or services, including warranties of fitness, merchantability or non-infringement.
7.2 KundaDance classes or events may not be safe or appropriate for everyone. You will inform your students of this prior to every class or event. You are responsible for ensuring that you and every participant in your classes and events is physically and medically able to participate. Mayalife assumes no responsibility for any medical expenses, injury or damages suffered by you or your students in connection with any KundaDance classes or events.
7.3 Any information that Mayalife may provide to you regarding health and fitness is intended solely as an educational aid and is not a substitute for medical advice. Mayalife assumes no responsibility for any consequence relating directly or indirectly from any action or inaction based on the information, services or other material provided by Mayalife. While Mayalife strives to provide complete, up-to-date and accurate information on its website(s) and in other materials, Mayalife does not guarantee, and will not be responsible or liable for, any damage or loss related to the accuracy, completeness or timeliness of such information.
7.4 Under no circumstances, or legal or equitable theory, whether in tort, contract, strict liability or otherwise, will Mayalife or Mayalife’s affiliates, subsidiaries, related companies, employees, directors, officers, agents, vendors and suppliers (collectively, the “Mayalife-Related Parties”) be liable to you or any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with this Agreement, even if Mayalife has been advised of or should have known of the possibility of such damages. In no event will Mayalife be liable for any damages in excess of the total amount of the Initial Fees and any Renewal Fees paid by you.
8. Release and Indemnification.
8.1 You hereby release from liability and agree to hold harmless Mayalife and the Mayalife-Related Parties for any accident, injury, illness, death, loss, damage to person or property, medical costs or other consequences suffered by you or any other person arising or resulting from your KundaDance classes and events.
8.2 You agree to indemnify, defend and hold harmless Mayalife and the Mayalife-Related Parties from any and all losses, liabilities, damages and expenses (including attorneys’ fees and costs) as a result of any claims, demands, actions or other proceedings made or instituted by a third party which arises out of: (i) your breach of this Agreement; (ii) any criminal or negligent act by you; or (iii) any other act or omission by you.
9. Notices.
Any notice or request hereunder by you to Mayalife will be given via registered or certified mail (return receipt requested) or by courier to Mayalife, LLC, Attention - Chief Legal Officer, 1112 Montana Avenue #443, Santa Monica, CA 90403. Any notice or request hereunder by Mayalife to you will be given to the address, email address or fax number provided with your signature below.
10. General.
10.1 This Agreement will be governed by and construed in accordance with the laws of the State of California without regard to conflict of laws principles. Any legal proceeding arising out of or relating to this Agreement will be brought in the state and federal courts having jurisdiction in the County of Los Angeles, California. Each party consents to the exclusive jurisdiction and venue of such courts.
10.2 If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement will remain in full force and effect.
10.3 Failure by a party to enforce any term of this Agreement will not be deemed a waiver of future enforcement of that or any other term in this Agreement or any other agreement that may be in place between the parties.
10.4 The parties are independent contractors. Neither party will be deemed to be an employee, agent, partner or legal representative of the other for any purpose and neither will have any right, power or authority to create any obligation or responsibility on behalf of the other.
10.5 This Agreement is not intended to benefit, nor will it be deemed to give rise to, any rights in any third party.
10.6 This Agreement is not intended as and does not constitute an offer to sell, or the solicitation of an offer to buy, a franchise.
10.7 Neither party will be liable for any failure or delay in its performance under this Agreement, except the making of payments, due to causes, including, but not limited to, an act of God, act of civil or military authority, fire, epidemic, flood, earthquake, strikes, riot, war, sabotage, failure of suppliers and governmental action, which are beyond its reasonable control.
10.8 The section titles and numbering of this Agreement are displayed for convenience and have no legal effect.
10.9 This Agreement may be executed in counterparts, each of which will be deemed an original and all such counterparts will constitute one and the same agreement.
10.10 This Agreement is the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding any prior agreements and communications (both written and oral) regarding such subject matter. This Agreement may only be modified, or any rights under it waived, by a written document executed by both parties.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date set forth above.
We have had lots of enquiries asking how to promote yourself & Kundadance. Maya has done a video guide for you. As we our grow community we can all share each other’s classes.. share ideas.. this is how it works, cross promotion of one another all over the world, we are better together! Lets continue to make a billion people happy!!
Our Agreement :
* Please use Kundadance logo on all material to prove you are an authentic teacher
* Join & Share on the Kundadance forum / social media. Use #kundadancefamily
* The Re-name / rebrand of Kundadance or choreography of is strictly prohibited & your own Karma
Maya Fiennes Yoga for Real Life 200HRS Teacher Training Agreement
1. Payment
The tuition fees are non-refundable, however we understand that unique circumstances arise, if you need to postpone the training, you may defer the funds to the next 200-hour training. Payment must be made in full and we are not liable for changes in exchange rates, foreign transaction fees or charges. Payment plans are available by special request, but payment must be received in full before certification.
2. Teaching
This 200HRS TT is taught in a combination of live and prerecorded sessions. If you are unable to make a session then let us know – there are provisions there for you to watch a recording of the live and we may also arrange a top up session with a member of Maya’s teaching staff.
All pre recorded content and replays will be available on an easy to use online tutoring platform. You will be able to download the manuals and handouts as PDF’s from there.
Note:-This is not an online training that you "just" watch, you are expected to participate in all classes. It will be lots of fun, very interactive and creative!
3. Certification
For certification you will need to have participated in the whole course and passed your teaching assessment, exam, all ongoing coursework and final essay. Certficates will be sent via email after successful completion of the above.
4. Disclaimers and limitation of liability
Mayalife makes no representations or warranties, express or implied, with respect to Mayalife Materials or any other Mayalife-related products or services, including warranties of fitness, merchantability or non-infringement.
The classes or events may not be safe or appropriate for everyone. You will inform your students of this prior to every class or event. You are responsible for ensuring that you and every participant in your classes and events is physically and medically able to participate. Mayalife assumes no responsibility for any medical expenses, injury or damages suffered by you or your students in connection with any KundaDance classes or events.
Any information that Mayalife may provide to you regarding health and fitness is intended solely as an educational aid and is not a substitute for medical advice. Mayalife assumes no responsibility for any consequence relating directly or indirectly from any action or inaction based on the information, services or other material provided by Mayalife. While Mayalife strives to provide complete, up-to-date and accurate information on its website(s) and in other materials, Mayalife does not guarantee, and will not be responsible or liable for, any damage or loss related to the accuracy, completeness or timeliness of such information.
Under no circumstances, or legal or equitable theory, whether in tort, contract, strict liability or otherwise, will Mayalife or Mayalife’s affiliates, subsidiaries, related companies, employees, directors, officers, agents, vendors and suppliers (collectively, the “Mayalife-Related Parties”) be liable to you or any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with this Agreement, even if Mayalife has been advised of or should have known of the possibility of such damages. In no event will Mayalife be liable for any damages in excess of the total amount of the Initial Fees and any Renewal Fees paid by you.
5. Release and Indemnification
You hereby release from liability and agree to hold harmless Mayalife and the Mayalife-Related Parties for any accident, injury, illness, death, loss, damage to person or property, medical costs or other consequences suffered by you or any other person arising or resulting from your classes and events.
You agree to indemnify, defend and hold harmless Mayalife and the Mayalife-Related Parties from any and all losses, liabilities, damages and expenses (including attorneys’ fees and costs) as a result of any claims, demands, actions or other proceedings made or instituted by a third party which arises out of: (i) your breach of this Agreement; (ii) any criminal or negligent act by you; or (iii) any other act or omission by you.
Notices. Any notice or request hereunder by you to Mayalife will be given via registered or certified mail (return receipt requested) or by courier to Mayalife, LLC, Attention - Chief Legal Officer, 1112 Montana Avenue #443, Santa Monica, CA 90403. Any notice or request hereunder by Mayalife to you will be given to the address, email address or fax number provided with your signature below.
6. General
This Agreement will be governed by and construed in accordance with the laws of the State of California without regard to conflict of laws principles. Any legal proceeding arising out of or relating to this Agreement will be brought in the state and federal courts having jurisdiction in the County of Los Angeles, California. Each party consents to the exclusive jurisdiction and venue of such courts.
If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement will remain in full force and effect.
Failure by a party to enforce any term of this Agreement will not be deemed a waiver of future enforcement of that or any other term in this Agreement or any other agreement that may be in place between the parties.
The parties are independent contractors. Neither party will be deemed to be an employee, agent, partner or legal representative of the other for any purpose and neither will have any right, power or authority to create any obligation or responsibility on behalf of the other.
This Agreement is not intended to benefit, nor will it be deemed to give rise to, any rights in any third party.
This Agreement is not intended as and does not constitute an offer to sell, or the solicitation of an offer to buy, a franchise.
Neither party will be liable for any failure or delay in its performance under this Agreement, except the making of payments, due to causes, including, but not limited to, an act of God, act of civil or military authority, fire, epidemic, flood, earthquake, strikes, riot, war, sabotage, failure of suppliers and governmental action, which are beyond its reasonable control.
The section titles and numbering of this Agreement are displayed for convenience and have no legal effect.
This Agreement may be executed in counterparts, each of which will be deemed an original and all such counterparts will constitute one and the same agreement.
This Agreement is the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding any prior agreements and communications (both written and oral) regarding such subject matter. This Agreement may only be modified, or any rights under it waived, by a written document executed by both parties.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date set forth above. MAYALIFE, LLC
Other Products and Services
This website is operated by Maya Fiennes. Throughout the site, the terms “we”, “us” and “our” refer to Maya Fiennes. Maya Fiennes offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.
No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Maya Fiennes, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, 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 the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Maya Fiennes and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 1112 Montana Avenue #443, Santa Monica, California US 90403.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@mayafiennes.com.