Terms of Service

MandalaMessages.net is an equal opportunity website. This means that you are free to make your own observations and form your own opinions. If you chose to interact, do so with respect for others and the website’s policies. If you don’t agree with these policies, please do not use the website.

Terms of Use:

By using and/or visiting this website (collectively, including all content available through the MandalaMessages.net domain name and the MandalaMessages.net website, the “Website”), you signify your assent to both the Terms and Conditions (the “Terms of Service”) and the Terms and Conditions of the Privacy Notice, incorporated herein by reference. If you do not agree to any of these terms, please do not use the Website.

The MandalaMessages.net Website

These Terms of Service apply to all users of the Website including users who are also contributors of content, information, and other materials or services on the Website. The Website contains links to third-party websites that are not owned or controlled by the Website or its parent corporation, HHN, LLC (“Mandala Messages”). Mandala Messages has no control over and assumes no responsibility for the content, practices or privacy policies of any third-party website. In addition, Mandala Messages will not and cannot censor or edit the contents of any third-party websites. By using the Website, you expressly relieve Mandala Messages from any and all liability arising from your use of any third-party website. We encourage you to be aware when you leave the Website and read the terms and conditions and privacy policy of each other website you visit.

Website Access

Mandala Messages hereby grants you permission to use the Website as set forth in this Terms of Service provided that:

i) your use of the Website as permitted is solely for your personal, noncommercial use;

ii) you will not copy or distribute any part of the Website in any medium without prior written authorization by Mandala Messages, unless permission is expressly stated as part of the document, in which case proper credit must be given;

iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose;

iv) you will otherwise comply with the terms and conditions of these Terms of Service.

Intellectual Property Rights

Mandala Messages purchased stock footage and music for it’;s graphics, photos, sounds, music, and the likes (the “Content”) for the video messages. Almost all of the text is original, except when quotes were given and credited to the proper owner. On a rare occasion some footage was used under the Policy of Fair Use. Content on the Website is provided to you “as is” for your information and personal use and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without prior written consent, unless permission is expressly stated as part of the document, in which case proper credit must be given. Mandala Messages reserves all rights not expressly granted in and to the Website and its Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of content of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein. See the Copyrights and Credits notice, incorporated herein by reference.

Warranty Disclaimer

You agree that your use of the Website shall be at your sole risk. To the fullest extent permissible by law, Mandala Messages, its parent corporation, officers, directors, employees and agents disclaim all warranties, expressed or implied, in connection with the Website and your use thereof. Mandala Messages makes no warranties or representations about the accuracy or completeness of the Website Content or the content of any sites linked to the Website and assume no liability or responsibility for any:

i) errors, mistakes or inaccuracies of content;

ii) personal injury or property damage, or any nature whatsoever, resulting from your access to or use of the Website;

iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;

iv) any interruption or cessation of transmission to or from the Website;

v) any bugs, viruses, Trojan Horses, or the like which may be transmitted to or through the Website Content by any third-party;

vi) and/or any errors or omissions in any content or for 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 the Website.

Mandala Messages does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third-party through the Website or any hyperlinked website or featured in any banner or other advertising, and Mandala Messages will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Mandala Messages does not guarantee the accuracy of these messages or intend to advertise or promote them to replace a doctor or therapist.

Limitation of Liability

In no event shall Mandala Messages, its parent corporation, officers, directors, employees and agents be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages resulting from any:

i) errors, mistakes or inaccuracies of content;

ii) personal injury or property damage, or any nature whatsoever, resulting from your access to or use of the Website;

iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;

iv) any interruption or cessation of transmission to or from the Website;

v) any bugs, viruses, Trojan Horses, or the like which may be transmitted to or through the Website Content by any third-party;

vi) and/or any errors or omissions in any content or for 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 the Website;

whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The forgoing Limitation of Liability shall apply to the fullest extent permissible by Law in the applicable jurisdiction.

You specifically acknowledge that Mandala Messages shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third-party and that the risk of harm or damage from the foregoing rests entirely with you.

The Website is controlled and offered by Mandala Messages and its facilities in the United States of America. Mandala Messages makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnity

You agree to defend, indemnify and hold harmless Mandala Messages, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

i) your use of and access to the Website;

ii) your violation of any term of these Terms of Service;

iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right;

iv) or any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Website.

Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 18, as the Website is not intended for children under 18.

Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Mandala Messages without restriction.

General

You agree that:

i) the Website shall be deemed solely based in California;

ii) and the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Mandala Messages, either specific or general, in jurisdictions other than California.

These Terms of Service shall be governed by the internal substantive laws of California, without respect to its conflict of laws principles. Any claim or dispute between you and Mandala Messages that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in California.

These Terms of Service, together with the Privacy Notice and any other legal notices published by Mandala Messages on the Website, shall constitute the entire agreement between you and Mandala Messages concerning the Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Mandala Messages’ failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Mandala Messages reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. You and Mandala Messages agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues, otherwise, such cause of action is permanently barred.

Privacy Policy:

Mandala Messages is highly sensitive to the privacy interests of consumers and believes that the protection of those interests is one of its most significant responsibilities. In acknowledgment of its obligations, Mandala Messages has adopted the following Privacy Policy applicable to information about consumers that it acquires in the course of its business:

Acquisition of Information

We do not acquire any more information about consumers than is required by law or is otherwise necessary to provide a high level of service efficiently and securely.

Our Staff and Privacy

We train all of our staff about the importance of privacy. We give access to information about consumers only to those employees who require it to perform their jobs.

Security Measures

We make access to privacy-sensitive information subject to rigorous procedural and technological controls, consistent with legal requirements and the demands of customer service.

Disclosure to Third Parties

We will provide individually-identifiable information about consumers to third parties only if we are compelled to do so by order of a duly-empowered governmental authority, we have the express permission of the consumer, or it is necessary to process transactions and provide our services.

Privacy and Our Business Partners

When we make our technology or services available to business partners, we will not share with them any more consumer information than is necessary and we will make every reasonable effort to assure, by contract or otherwise, that they use our technology and services in a manner that is consistent with this Privacy Policy.

Copyright Policy

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent listed below with the following information required under 17 U.S.C. 512:

i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

ii) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, and information reasonably sufficient to permit Mandala Messages to locate the material;

iv) information reasonably sufficient to permit Mandala Messages to contact the complaining party, including a name, address, telephone number and, if available, an email address at which the complaining party may be contacted;

v) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;

vi) and a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of notice as described above, Mandala Messages will confirm the existence of the copyright or the federal registration of the trademark in question and will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Website, if, in the sole discretion of Mandala Messages, we conclude that the use is covered by copyright, or the mark or name is identical to the registered mark and is used in connection with goods and/or services covered by the trademark owner’s federal registration.

Notwithstanding the foregoing, Mandala Messages will comply as appropriate with the terms of any court order relating to the behavior of the challenged party identified in such court order.

Mandala Messages’ Agent for notice of claims of copyright infringement on or regarding this Website can be reached as follows:

admin@mandalamessages.net