TERMS OF SERVICE
TERMS OF USE AND CONDITIONS OF SALE
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OVERVIEW
IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF USE AND
CONDITIONS OF SALE ("TERMS" OR "AGREEMENT") BEFORE ACCESSING, USING, OR
PLACING AN ORDER THROUGH OUR WEBSITE. THESE TERMS CONTAIN DISCLAIMERS OF
WARRANTIES AND LIMITATIONS OF LIABILITIES (SEE SECTIONS 13 AND 14). THESE
TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A
COPY OF THIS AGREEMENT FOR YOUR RECORDS.
Your use of www.hypnosis.com including any sub-domains thereof, affiliated
websites, and mobile applications (collectively, the "Website"), which are
owned and maintained by HYPNOSIS ("HYPNOSIS," "we," "our," "us"), are governed
by the policies, terms, and conditions set forth below. Please read them
carefully. We offer the Website, including all information, tools, products,
and services available from the Website to you, the user, conditioned upon your
acceptance of all terms, conditions, policies, and notices stated here. By
accessing, using, or placing an order on the Website, you agree to the terms
set forth herein. If you do not agree to these terms and conditions in their
entirety, you are not authorized to use the Website in any manner or form
whatsoever.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT
WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL AND RIGHT TO
PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE
REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 15 OR IF YOU
OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN
SECTION 15 BELOW WHICH DESCRIBES YOUR RIGHT TO OPT-OUT.
You can review the most current version of the Terms at any time on this page.
We reserve the right to update, change, or replace any part of these Terms 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 BINDING
ACCEPTANCE OF THOSE CHANGES.
TABLE OF CONTENTS
1. WEBSITE USE
2. PRIVACY & SECURITY DISCLOSURE
3. GENERAL CONDITIONS AND WEBSITE USER CONDUCT RESTRICTIONS
4. PRODUCTS SOLD FOR PERSONAL USE ONLY
5. NO MEDICAL ADVICE, AND THE ACCURACY, COMPLETENESS, AND TIMELINESS OF
INFORMATION
6. MODIFICATIONS TO THE WEBSITE AND PRICES
7. PAYMENT
8. ORDER PLACEMENT AND ACCEPTANCE
9. SHIPPING
10. DELIVERY CONFIRMATION
11. 30 DAY RETURN POLICY
12. SOCIAL MEDIA
13. DISCLAIMER OF WARRANTIES
14. DISCLAIMER OF LIABILITIES
15. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
16. INDEMNIFICATION
17. THIRD-PARTY WEBSITES AND LINKS
18. TESTIMONIALS, REVIEWS, AND OTHER SUBMISSIONS
19. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
20. ELECTRONIC COMMUNICATIONS
21. ASSIGNMENT
22. NO WAIVER
23. SEVERABILITY
24. TERMINATION
25. ENTIRE AGREEMENT
26. QUESTIONS OR ADDITIONAL INFORMATION
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TERMS OF USE AND CONDITIONS OF SALE
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1. WEBSITE USE
By using the Website and agreeing to these Terms, you represent that you are at
least the age of majority in your state or province of residence. If you use
the Website, you affirm that you have the legal capacity to enter into a
binding contract with us, have read this Agreement, and understand and agree to
its terms.
2. PRIVACY & SECURITY DISCLOSURE
Our Privacy Policy may be viewed on our Website. The Privacy Policy is
incorporated into these Terms by reference and constitutes a part of these
Terms.
3. GENERAL CONDITIONS AND WEBSITE USER CONDUCT RESTRICTIONS
All aspects of our Website are protected by U.S. and international copyright,
trademark, and other intellectual property laws. You do not acquire any
ownership or other rights by downloading or using the Website or any material
on it.
You agree not to use or attempt to use the Website or any products or services
in any unlawful manner or for any unlawful purpose. You further agree not to
commit any unlawful act or attempt to commit any unlawful act on or through the
Website including, but not limited to: (1) hacking and other digital or
physical attacks on the Website; (2) publishing abusive, vulgar, obscene, or
defamatory material; (3) soliciting others to perform or participate in any
unlawful acts; (4) violating any international, federal, provincial or state
regulations, rules, laws, or local ordinances; (5) infringing upon or violating
our intellectual property rights or the intellectual property rights of others;
(6) harassing, abusing, insulting, harming, defaming, slandering, disparaging,
intimidating, or discriminating based on gender, sexual orientation, religion,
ethnicity, race, age, national origin, or disability; (7) submitting false or
misleading information; (8) uploading or transmitting 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 Website; (9) collecting or tracking the
personal information of others; (10) interfering with or circumventing the
security features of the Website; or (11) any other unlawful act.
HYPNOSIS reserves the right to terminate your access to the Website or any of
its services if it determines that you (1) do not comply with these Terms; (2)
provide false, inaccurate, or incomplete information during our registration
process; (3) engage in any conduct that would otherwise harm any of HYPNOSIS'
rights or interests in its Website, services, or other property; or (4) for any
or no reason whatsoever without prior notice to you. HYPNOSIS may take any
other actions necessary in this regard or seek any remedies permitted by law.
4. PRODUCTS SOLD FOR PERSONAL USE ONLY
You further agree that any products or services you purchase from HYPNOSIS on
or through the Website will be used for your personal, non-commercial use. You
agree that you will not resell, redistribute, modify, or export any product
that you order from the Website. Resale of our products outside of authorized
channels can result in the product becoming materially different, which may
affect safety, efficacy, or the ability to honor warranties or guarantees. We
reserve the right to limit or prohibit orders that, in our sole judgment,
appear to be placed by dealers, resellers or distributors.
5. NO MEDICAL ADVICE, PHEROMONE DISCLOSURE, AND THE ACCURACY, COMPLETENESS,
AND TIMELINESS OF INFORMATION
The material on the Website is provided for general informational purposes only
and is not intended as medical advice or as a substitute for seeking advice
from a qualified healthcare provider. The statements made on this Website have
not been evaluated by the Food and Drug Administration. You should consult your
healthcare provider before using any information provided by HYPNOSIS.
The products marketed as pheromone-infused fragrances on this Website are
designed for entertainment purposes and personal enjoyment. These products
contain synthetic pheromones which are claimed to enhance personal
attractiveness to others. However, please be advised that the effectiveness of
pheromone fragrances has not necessarily been scientifically proven in human
clinical studies, and results may vary significantly between individuals.
Consumers should also note that the perception of attractiveness and the
response to pheromones are highly subjective and influenced by numerous factors
beyond the presence of pheromones. Thus, we do not guarantee any specific
outcomes from the use of our products. HYPNOSIS does not make any guarantee
that you will accomplish your goals. Your results may vary depending on a
variety of factors unique to you, such as your age, health, and genetics.
While we endeavor to provide accurate and current information on our Website,
there may be information on our Website that contains typographical errors,
inaccuracies, or omissions related 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 on the Website
or on any related website is inaccurate at any time without prior notice
(including after you have submitted your order).
We have made every effort to display as accurately as possible the colors and
images of our products that appear on the Website. We cannot guarantee that
your computer monitor's or other device's display of any color will be
accurate.
This Website 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 Website at any time, but we have no
obligation to update any information on our Website. You agree that it is your
responsibility to monitor changes to our Website.
6. MODIFICATIONS TO THE WEBSITE AND PRICES
We reserve the right to modify or discontinue access to the Website (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, suspension, or discontinuance
of access to the Website. Certain products or services may be available
exclusively online through the Website. These products or services may have
limited quantities and are subject to refund, return, or exchange only
according to our shipping and refund return policies.
All descriptions of products or product pricing are subject to change at any
time without notice, at our sole discretion. Any offer for any product or
service made on this Website is void where prohibited.
7. PAYMENT
All charges are in U.S. Dollars or in the currency of your country or province.
By submitting payment information to us, you represent and agree that: (i) you
are fully authorized to use that card or account; (ii) all payment information
provided is complete and accurate; (iii) you will be responsible for any
payment card fees; and (iv) that sufficient funds exist to pay us the amount(s)
due.
We and our third-party payment service providers may request, and we may
receive, updated credit card information from your credit card issuer, such as
updated card numbers and expiration date information when your credit card has
expired. If such updated information is provided to us and our third-party
payment service providers, we will update your account information accordingly.
Your credit card issuer may give you the right to opt-out of providing vendors
and third-party payment service providers with your updated credit card
information. If you wish to opt-out of your credit card's updating service, you
should contact your credit card issuer.
We are not responsible for any fees or charges that your bank or credit card
issuer may apply. If your bank or credit card issuer reverses a charge to your
credit card, we may bill you directly and seek payment by another method
including a mailed statement.
8. ORDER PLACEMENT AND ACCEPTANCE
Your electronic order confirmation, or any form of confirmation, does not
signify our acceptance of your order. We reserve the right to accept or deny
shipment to anyone for any reason. In the event we deny your order, you will
receive a refund to your original form of payment. You understand and agree
that we will not be liable for any losses or damages that may result from our
refusal to provide you with any product or service. We reserve the right to
require additional information before processing any order.
9. SHIPPING
HYPNOSIS ships to addresses located in the United States and internationally.
Please visit our Shipping Policy on our Website for additional information
regarding order processing, order handling, shipping times, and the commercial
couriers HYPNOSIS uses to deliver orders.
An accurate shipping address and phone number are required. We are not
responsible for late shipments/missing shipments if you enter incorrect
shipping address information. Once an order has been completed and confirmed,
it cannot be canceled or modified. Please review your order carefully before
finalizing your purchase.
10. DELIVERY CONFIRMATION
Because many instances may occur at your delivery address that are beyond our
control, you agree that any delivery confirmation provided by the carrier is
sufficient proof of delivery, even without a signature.
11. 30 DAY RETURN POLICY
HYPNOSIS wants you to be satisfied with your experience with us so we have made
returning products easy. If you are dissatisfied with your purchase, or if it
arrives damaged, please visit the Return Policy on our Website for additional
information about how to return a product for a refund, less shipping and return
costs, within thirty (30) days of receiving your purchase. All sales are final
after thirty (30) days. HYPNOSIS may, in its sole discretion, refuse to accept
a return and/or refund a purchase if you have attempted to return the same
product more than once. A product must be returned in order for a refund to be
processed, even if the product has been used in its entirety. Original shipping
fees, return shipping fees, and shipping protection are non-refundable and will
not be credited.
After the shipping department receives your return, it generally takes 10
business days to process your refund. Once a return is processed, it may take
up to 5-7 business days for the return to be posted to your account, depending
on your financial institution. For any questions about our refund policy,
please Contact Us.
12. SOCIAL MEDIA
This section applies to everyone who interacts with our social media presence,
including comment sections, feeds, and other elements of social media presence
viewable on Facebook, Instagram, YouTube, Pinterest, Twitter, Google+,
LinkedIn, or any of the many other available external third-party social media
platforms we may use ("Social Media Presence").
The sites and platforms that host our Social Media Presence are not controlled
by us and therefore have their own privacy policies and terms of use. The
comments and opinions expressed by users on social media are theirs alone and
do not reflect the opinions of HYPNOSIS, and we have no obligation to monitor
or remove user comments. If you see an offensive or inappropriate post or
comment on our Social Media Presence, you should report it to the operator of
the applicable site or platform using the procedures they have established for
that purpose.
13. DISCLAIMER OF WARRANTIES
EXCEPT WHERE PROHIBITED BY LAW, THIS WEBSITE AND ALL PRODUCTS PROVIDED ARE
PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE
MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS
TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY
AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR
WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) OUR PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE WEBSITE WILL MEET YOUR
REQUIREMENTS OR EXPECTATIONS, OR (B) THE WEBSITE OR THE SERVER(S) THAT MAKE
THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL
CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY
OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF
THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW.
14. DISCLAIMER OF LIABILITIES
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL HYPNOSIS OR ANY OF ITS
OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AND/OR
AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY,
CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING
FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE PRODUCTS, OR YOUR
OR A THIRD-PARTY'S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY PRODUCT,
REGARDLESS OF WHETHER HYPNOSIS HAS HAD NOTICE OF THE POSSIBILITY OF SUCH
DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS
OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT
OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL,
PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE
MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY,
WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT
LIABILITY), WARRANTY, OR OTHERWISE. IF, NOTWITHSTANDING THE LIMITATIONS OF
LIABILITY SET FORTH ABOVE, HYPNOSIS IS FOUND LIABLE UNDER ANY THEORY,
HYPNOSIS' LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO USD $500.00.
THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER
HYPNOSIS WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR
SUCH CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO
SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL
RIGHTS.
15. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS PROVISION CAREFULLY; IT REQUIRES YOU TO ARBITRATE ANY DISPUTE
OR CLAIM BETWEEN YOU AND HYPNOSIS ON AN INDIVIDUAL BASIS.
YOU AGREE THAT ANY DISPUTE OR CLAIM ARISING FROM OR RELATING TO THIS ARBITRATION
PROVISION, HYPNOSIS' PRIVACY POLICY OR TERMS, HYPNOSIS' ADVERTISING OR
MARKETING PRACTICES, HYPNOSIS' PRODUCTS OR SERVICES, OR THE RELATIONSHIP
BETWEEN YOU AND US SHALL BE SUBMITTED TO BINDING, FINAL, AND CONFIDENTIAL
ARBITRATION BEFORE A SINGLE ARBITRATOR ADMINISTERED BY THE AMERICAN ARBITRATION
ASSOCIATION ("AAA") UNDER ITS CONSUMER ARBITRATION RULES. THIS ARBITRATION
PROVISION SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT ("FAA"), 9 U.S.C.
§§ 1-16, AND THE ARBITRATOR SHALL BE BOUND BY THE TERMS OF THIS ARBITRATION
PROVISION. THE ARBITRATOR SHALL HAVE THE EXCLUSIVE AND SOLE AUTHORITY FOR
DETERMINING WHETHER A DISPUTE OR CLAIM IS ARBITRABLE. THE ARBITRATOR SHALL
FOLLOW APPLICABLE SUBSTANTIVE LAW OF THE STATE OF ARIZONA TO THE EXTENT
CONSISTENT WITH THE FAA, AND SHALL BE AUTHORIZED TO AWARD ALL REMEDIES
AVAILABLE IN AN INDIVIDUAL LAWSUIT UNDER SUBSTANTIVE LAW, INCLUDING, WITHOUT
LIMITATION, COMPENSATORY, STATUTORY AND PUNITIVE DAMAGES, DECLARATIVE,
INJUNCTIVE AND OTHER EQUITABLE RELIEF, INCLUDING PUBLIC INJUNCTIVE RELIEF, AND
ATTORNEYS' FEES AND COSTS WHERE AVAILABLE UNDER APPLICABLE SUBSTANTIVE LAW. THE
ARBITRATOR MAY ONLY RESOLVE DISPUTES OR CLAIMS BETWEEN YOU AND HYPNOSIS AND MAY
NOT CONSOLIDATE CLAIMS OR PROCEEDINGS WITHOUT HYPNOSIS' CONSENT. THE ARBITRATOR
MAY NOT HEAR CLASS OR REPRESENTATIVE CLAIMS OR REQUESTS FOR RELIEF ON BEHALF OF
OTHER INDIVIDUALS. IF A COURT OR ARBITRATOR DECIDES THAT ANY PART OF THIS
AGREEMENT TO ARBITRATE CANNOT BE ENFORCED AS TO A PARTICULAR CLAIM FOR RELIEF
OR REMEDY, THEN THAT CLAIM OR REMEDY (AND ONLY THAT CLAIM OR REMEDY) MUST BE
BROUGHT IN COURT AND ANY OTHER CLAIMS MUST BE ARBITRATED.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU AGREE THAT HYPNOSIS HAS
THE RIGHT TO BRING A CLAIM AGAINST YOU IN THE STATE OR FEDERAL COURTS OF
ARIZONA FOR INJUNCTIVE RELIEF, EQUITABLE RELIEF, OR OTHERWISE ARISING FROM ANY
POTENTIAL OR ACTUAL MISAPPROPRIATION OR INFRINGEMENT OF HYPNOSIS' INTELLECTUAL
PROPERTY RIGHTS AND YOU AGREE THAT VENUE IS PROPER AND THAT YOU ARE SUBJECT TO
PERSONAL JURISDICTION IN SUCH FORUM, AND FOREVER WAIVE ANY CHALLENGE TO SAID
COURTS' JURISDICTION AND VENUE.
UNLESS YOU TIMELY OPT-OUT, YOU WILL NOT HAVE THE RIGHT TO: (A) HAVE A COURT OR
JURY DECIDE YOUR DISPUTE OR CLAIM; (B) OBTAIN INFORMATION PRIOR TO THE HEARING
TO THE SAME EXTENT THAT YOU WOULD HAVE IN COURT; (C) PARTICIPATE IN A CLASS
ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE, CLASS
MEMBER, OR CLASS OPPONENT; (D) ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN
ARBITRATION; OR (E) JOIN OR CONSOLIDATE YOUR DISPUTE OR CLAIM WITH THE DISPUTE
OR CLAIM OF ANY OTHER PERSON. OTHER RIGHTS THAT YOU WOULD HAVE HAD IF YOU WENT
TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE THAT YOU FIRST
ACCESSED, FIRST ATTEMPTED TO ACCESS OR PURCHASED A PRODUCT OR SERVICE THROUGH
HYPNOSIS' WEBSITE, WHICHEVER WAS EARLIER, BY SENDING A LETTER TO:
HYPNOSIS LLC, ATTN. LEGAL DEPARTMENT, STATING YOUR NAME,
THE DATE YOU FIRST ACCESSED OR FIRST ATTEMPTED TO ACCESS THE WEBSITE, OR THE
NAME OF THE PRODUCT YOU PURCHASED, AND YOUR INTENT TO OPT OUT OF ARBITRATION.
16. INDEMNIFICATION
To the fullest extent permitted by law, you agree to indemnify, defend, and
hold harmless HYPNOSIS, its parent, subsidiaries, predecessors, successors and
affiliates, and their respective partners, officers, directors, agents,
representatives, contractors, licensors, service providers, subcontractors,
suppliers, interns, and employees, from and against any and all claims,
actions, losses, liabilities, damages, expenses, demands and costs of any kind,
including, but not limited to, reasonable attorneys' fees, arising out of,
resulting from, or in any way connected with or related to (1) your breach of
these Terms, the documents they incorporate by reference, or the Agreement; (2)
your breach of any representations or warranties in this Agreement; or (3) your
violation of any law or the rights of a third-party.
17. THIRD-PARTY WEBSITES AND LINKS
Our Website may include materials from third-parties or links to third-party
websites. We are not liable for any third-party materials or websites. 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 applicable third-party.
18. TESTIMONIALS, REVIEWS, AND OTHER SUBMISSIONS
HYPNOSIS is pleased to hear from users and customers and welcomes your comments
regarding our services and products. You agree that anything you submit or post
to the Website and/or provide us, including without limitation, photographs,
testimonials, ideas, know-how, techniques, questions, reviews, comments, and
suggestions (collectively, "Submissions") is and will be treated as
non-confidential and non-proprietary, and that we shall have the royalty-free,
worldwide, perpetual, irrevocable, and transferable right to use, copy,
distribute, display, publish, perform, sell, lease, transmit, adapt, and
create derivative works from such Submissions by any means and in any form. You
agree that any Submission that you provide us is true and accurate in all
respects and does not infringe or interfere with the intellectual property
rights of any third party. You agree that HYPNOSIS may use a Submission, in
whole or in part, together with the name of the person submitting it. You agree
that Submissions, including testimonials, may be used for any form of
advertising relating to HYPNOSIS' products or services, in printed and online
media, as HYPNOSIS determines in its absolute discretion. The testimonials and
reviews portrayed on this Website are exceptional results from our most
successful users. These testimonials do not represent the generally expected
user experience, nor do they guarantee future success.
19. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE; INTELLECTUAL PROPERTY RIGHTS
a. DMCA Notice
Notification of Claimed Infringement:
HYPNOSIS LLC
Attn: DMCA/Copyright Agent
Email: support@hypnosis.com
You may contact our agent for notice of claimed infringement specified above
with complaints regarding allegedly infringing posted material and we will
investigate those complaints. If the posted material is believed in good faith
by us to violate any applicable law, we will remove or disable access to any
such material, and we will notify the posting party that the material has been
blocked or removed.
In notifying us of alleged copyright infringement, the Digital Millennium
Copyright Act requires that you include the following information: (i)
description of the copyrighted work that is the subject of claimed infringement;
(ii) description of the infringing material and information sufficient to permit
us to locate the alleged material; (iii) contact information for you, including
your address, telephone number and/or email address; (iv) a statement by you
that you have a good faith belief that the material in the manner complained of
is not authorized by the copyright owner, or its agent, or by the operation of
any law; (v) a statement by you, signed under penalty of perjury, that the
information in the notification is accurate and that you have the authority to
enforce the copyrights that are claimed to be infringed; and (vi) a physical or
electronic signature of the copyright owner or a person authorized to act on the
copyright owner's behalf. Failure to include all of the above-listed information
may result in the delay of the processing of your complaint.
b. Intellectual Property Rights, License
The audio and video materials, images, photographs, articles, opinions, and
other text, graphics, illustrations, logos, depictions, layouts, compilations,
designs, interfaces, digital downloads, software, data compilations and other
content associated with the Website (the "Content") are owned or licensed by and
to HYPNOSIS or other authorized third parties and are protected by intellectual
property, copyright, trademark, trade dress and other laws in the U.S. and in
other countries. You must comply with all such laws and applicable copyright,
trademark or other legal notices or restrictions. You shall not remove or alter
any copyright, trademark, or other legal notices marked on the Content. As
between you and HYPNOSIS, we will retain all right, title, and interest in and
to the Website and the Content. No transfer of ownership to any portion of the
Content shall be made as a result of any access you are granted. Except as
expressly set forth in these Terms or expressly granted to you in writing by
HYPNOSIS, no rights are granted to you. You agree to abide by any and all
additional copyright notices, information or restrictions contained in any part
of the Website. The compilation of the Content on the Website is the exclusive
property of HYPNOSIS.
You are only permitted to access and view the Content for personal,
non-commercial purposes in accordance with these Terms, and may not build a
business or other enterprise utilizing any of the Content, whether for profit or
not. Except as provided in these Terms or otherwise expressly authorized by us
in writing, you may not (either directly or through the use of any software,
device, internet site, web-based service or other means) download, stream
capture, store in a database, archive or otherwise copy any part of the Website
or Content; upload, sell, rent, lease, lend, broadcast, transmit or otherwise
disseminate, distribute, display or perform any part of the Website or Content;
license or sublicense any part of the Website or Content; or in any way exploit
any part of the Website or Content. In addition, except as provided in these
Terms or otherwise expressly authorized by us in writing, you are strictly
prohibited from modifying Content; creating, distributing or advertising an
index of any significant portion of the Content; or otherwise creating
derivative works or materials that otherwise are derived from or based in any
way on the Content, including mash-ups and similar videos, montages,
translations, desktop themes, fonts, icons, wallpaper, greeting cards, and
merchandise. This prohibition from creating derivative works is applicable even
if you intend to give away the derivative material free of charge.
c. Copyright
The copyright in all materials provided on the Website is owned by HYPNOSIS or
its affiliate(s). Except as stated herein, none of the material contained in the
Website may be copied, reproduced, distributed, republished, downloaded,
displayed, posted or transmitted in any form or by any means, including, but
not limited to, electronic, mechanical, photocopying, recording or otherwise,
without the prior written consent of HYPNOSIS. Permission is hereby granted to
view, copy, print and download the materials on the Website for personal,
noncommercial use only, provided such materials are used solely for
informational purposes, and all copies, or portions thereof, include this
copyright notice. HYPNOSIS may revoke any of the foregoing rights at any time.
You may not, without HYPNOSIS' prior written consent, "mirror" any material
contained on the Website on any other server. Upon termination of any rights
extended hereunder, you must immediately destroy any downloaded and printed
materials obtained from any Website. Any unauthorized use of any material
contained on the Website may violate copyright laws, trademark laws, the laws
of privacy and publicity, and communications regulations and statutes.
d. Trademarks
The trademarks, service marks and logos ("Trademarks") used and displayed on
the Website are registered or unregistered Trademarks of HYPNOSIS. Nothing on
the Website shall be construed as granting, by implication, estoppel or
otherwise any license or right to use any Trademark displayed on the Website
without the prior written consent of the Trademark owner. The name of HYPNOSIS
or any Trademark may not be used in any way including in any advertising or
publicity pertaining to distribution of materials on the Website without the
prior written consent of HYPNOSIS. HYPNOSIS prohibits the use of any HYPNOSIS
logo and Trademark as a "hot" link to any website unless the establishment of
such link is approved in advance by HYPNOSIS in writing.
20. ELECTRONIC COMMUNICATIONS
You agree that we may communicate electronically with you and that such
communications, as well as notices, disclosures, agreements, and other
communications that we provide to you electronically, are equivalent to
communications in writing and shall have the same force and effect as if they
were in writing and signed by the party sending the communication.
21. ASSIGNMENT
You may not assign any of your rights under these Terms, and any such attempt
will be null and void. HYPNOSIS and its affiliates may, in their individual
discretion, transfer, without further consent or notification, all contractual
rights and obligations pursuant to these Terms if some or all of HYPNOSIS'
business is transferred to another entity by way of merger, sale of its assets
or otherwise.
22. NO WAIVER
No waiver by HYPNOSIS of any term or condition set forth in these Terms shall
be deemed a further or continuing waiver of such term or condition or a waiver
of any other term or condition, and any failure by HYPNOSIS to assert a right
or provision under these Terms shall not constitute a waiver of such right or
provision.
23. SEVERABILITY
In the event that any provision of these Terms 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. Such determination shall not affect
the validity and enforceability of any other remaining provisions.
24. TERMINATION
In the event that we terminate this Agreement, Sections 2-5, 13-25, as well as
any representations, warranties, and other obligations made or taken by you,
shall survive the termination of this Agreement.
25. ENTIRE AGREEMENT
These Terms, the Agreement, and any policies or operating rules posted by us on
the Website or in respect to the Website constitute the entire agreement and
understanding between you and HYPNOSIS, and supersedes and replaces any prior
or contemporaneous agreements. Any ambiguities in the interpretation of these
Terms or the Agreement shall not be construed against the drafting party.
26. QUESTIONS OR ADDITIONAL INFORMATION
Please contact Customer Support if you have any questions concerning your
purchase. Additional information can be located on our Website.
HYPNOSIS LLC
Email: support@hypnosis.com