Terms of Use
Last Updated on September 20, 2024
Agreement to our Legal Terms
We, the Institute for Inner Studies Inc., ("Company," "we," "us," "our"), operate the mobile application PRANIC HEALING SOUND (the "App"), as well as any other related products and services that refer or link to these legal terms ("the Legal Terms") (collectively, the "Services").
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("User," "You") and the Institute for Inner Studies Inc., concerning your access to and use of the Services. You agree that by accessing the App and Services, you have read, understood and agreed to be bound by all of these Legal Terms.
Supplemental terms and conditions or documents that may be posted on the App and Services from time to time are hereby expressly incorporated herein by reference. The Company reserves the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will send an alert about any changes through updating the "Last Updated" section of the Terms of Use date. You waive any right to receive specific notices of each such change. It is then the responsibility of the user to periodically review these Legal Terms to stay informed of the updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date of the revision.
1. Services
The information provided when using the App and Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to the law or regulation or which would subject the company to any registration requirement within such jurisdiction. Accordingly, those person or entity who chose to access the App and Services from other locations are aware that they do this on their own initiative and are solely responsible for compliance with local laws, if and to the extent these laws are applicable.
2. Intellectual Property Rights – Copyrights and Trademarks
We, Institute for Inner Studies Inc., are the owner or licensor of all intellectual property rights in our apps and services, including all source codes, databases, functionality, software, website designs, audio, video, text, photographs, and graphics contained in the App and Services (collectively, the "Content"), as well as copyrights, trademarks, service marks and logos contained therein.
Our content and marks are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws, in the Philippines, the United States, Europe and around the world.
The Contents and Marks are provided in or through the App and Services AS IS for your personal, non-commercial use or internal business purpose only. Hence, subject to your compliance with these Legal Terms, the Company is granting you a non-exclusive, non-transferable, revocable license to access the App and Services solely for personal, non-commercial use or internal business purposes, with proper authorization granted from the Company.
Otherwise, no part of the App and Services, no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or otherwise exploited for any commercial purpose whatsoever without the Company's express prior written permission or authorization.
We reserve all rights not expressly granted in and to the Services, Content and Marks. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our App and Services will terminate immediately, subject to compliance with Intellectual Property Laws.
3. User Representations
By using the App and Services, you represent and warrant that you have the legal capacity and you agree to comply with these Legal Terms; you are of legal age in the jurisdiction of residence; you will not access the App and Services through automated or non-human means whether through a bot, script or otherwise; you will not use the App and Services for any illegal or unauthorized purpose; and your use of the App and Services will not violate any applicable law or regulation.
Any information that is untrue, inaccurate, not current or incomplete will result in us having the right to suspend or terminate your account and refuse any and all current or future use of the App and Services (or any portion thereof).
4. Purchases and Payments
You agree to provide current, complete and accurate purchase and account information for all purchases made via the App and Services. You further agree to promptly update account and payment information, including email address, payment methods, and payment card expiration date in order to complete transactions and for contact purposes.
We, the Company, reserve the right to approve or refuse any order placed through the App and Services, limit or cancel quantities, or prohibit orders purchased in our sole discretion. These restrictions may include orders placed by or under the same customer account, same payment method and/or orders that use the same billing or shipping address.
5. Prohibited Activities
The user may not access or use the App and Services for any purpose other than the specified for which the Company makes the App and Services available. As users, you agree to the following:
- a. Not to systematically retrieve data or other content from the App or Services to create or compile, directly or indirectly, a collection, compilation, database or directory without the Company's written permission;
- b. Not to trick, defraud or mislead the Company and other users, in any attempt to learn sensitive information such as passwords;
- c. Not to circumvent, disable or otherwise interfere with security-related features of the App and Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the App and Services and its contents;
- d. Not to disparage, tarnish or otherwise harm the Company and/or the App and Services;
- e. Not to use any information obtained from the App and Services that is used to harass, abuse or harm another person or entity;
- f. Not to make improper use of the Company's support services or submit false feedback reports of abuse or misconduct;
- g. Not to use the App and Services in a manner inconsistent with any applicable laws or regulations;
- h. Not to delete the copyright or other proprietary rights notice from any Content and Marks in the App and Services;
- i. Not to interfere with, disrupt or create undue burden on the App and Services or the networks connected to the App and Services;
- j. Not to make any unauthorized use of the App and Services, including collecting usernames and/or email addresses of users by electronic or other means in sending unsolicited email or creating accounts under false pretenses;
- k. Not to use the App and Services as part of any effort to compete with the Company or otherwise use the App and Services.
6. Services Management
The Company reserves the right, but not the obligation, to monitor the App and Services for violations of these Legal Terms, to take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such to law enforcement authorities. Further, the Company reserves the right to manage the App and Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the App and Services.
7. Term and Termination
These Legal Terms shall remain in full force and effect while you use the App and Services without limiting any other provision indicated herein. We reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the App and Services (including blocking certain IP Addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty or covenant contained in these Legal Terms or of any applicable law or regulation. Note that terminating or suspending the account, the Company reserves the right to take appropriate legal action, including but not limited to pursuing civil, criminal or injunctive redress.
8. Modifications and Interruptions
The Company reserves the right to change, modify or remove any or part of the Contents of the App or Services, at any time or for reasonable causes, at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the App and Services without notice at any time. We will not be liable to the user or any third party for any modification, price change, suspension or discontinuance of the App and Services.
As the Company cannot guarantee that the App and Services will be available at all times due to experiences of hardware, software or other problems needing to perform maintenance, resulting in interruptions, delays or errors, we reserve the right to change, revise, update, suspend, discontinue or otherwise modify the App and Services at any time or for any reason without notice. The user agrees that we have no liability whatsoever for any loss, damage or inconvenience caused by the inability to access or use the App and Services. Nothing in these Legal Terms will be construed to obligate the Company to maintain and support the App and Services or to supply any corrections, updates or releases in connection therewith.
9. Governing Law
These Legal Terms shall be governed by and defined following the laws of the Republic of the Philippines and you irrevocably consent that the courts of the Philippines shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.
10. Dispute Resolution
To expedite resolution and control the cost of any dispute, controversy or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought either by the user or the Company (individually, a "Party" collectively, the "Parties"), the Parties hereby agree to first attempt to negotiate any Dispute informally for at least 30 days before arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
The Parties agree that the following Disputes are not subject to the above provision: any disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a party; any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; any claim for injunctive relief.
11. Corrections
Should there be cases where information on the App and Services contains typographical errors, inaccuracies, or omissions including descriptions, pricing, availability and various other information, the Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
12. Disclaimer
The App and Services are provided on an as-is and as-available basis. The user agrees that the use of the App and Services will be at your sole risk. To the fullest extent permitted by law, the Company disclaims all warranties, expressed or implied, in connection with the App or Services and your use thereof, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. The Company will not assume liability or responsibility for any errors, mistakes, or inaccuracies of the content and materials; personal injury or property damage of any nature whatsoever, resulting from your access to and use of the App and Services; any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; any interruption or cessation of transmission to or from the App and Services; any bugs, viruses, Trojan horse or the like which may be transmitted to or through the services by any third party; and/or any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content made available. The Company does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the App and Services, any hyperlinked website or any website. The user should use their best judgment and exercise caution where appropriate.
13. Limitations of Liability
In no event will the Company, its directors, employees or agents be liable to the user or any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit, lost revenue, lost data or other damages arising from your use of the App or Services. Notwithstanding anything to the contrary contained herein, the Company's liability to the users for any cause whatsoever and regardless of the form of the action, will at all times, be limited to the lesser of the amount paid, if any, by the user to the Company.
14. Indemnification
The user agrees to defend, indemnify, and hold us harmless including our subsidiaries, affiliates and all of our respective officers, agents, partners and employees from and against any loss, damage, liability, claim or demand including reasonable attorneys' fees and expenses, made by any third party due to or arising out of the following: use of App and Services; breach of these Legal Terms; any breach of your representations and warranties set forth in these Legal Terms; your violation of the rights of a third party including but not limited to intellectual property rights; any overt harmful act toward any other user of the App and Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate at your expense, with our defense of such claims. The Company will use reasonable efforts to notify the user of any such claim, action or proceeding which is subject to this indemnification upon becoming aware.
15. User Data
The Company will maintain certain data transmitted to the App and Services for the purpose of managing the performance of the App and Services, as well as data relating to your use. We perform regular routine backups of data; however, the user is still solely responsible for all data that you transmit or that relates to any activity you have undertaken in using the App and Services. You hereby agree that the Company shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against, arising from the aforementioned.
16. Electronic Communications, Transactions and Signatures
You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications that the Company provide to you electronically via email and on the App, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the App.
17. Miscellaneous
These Legal Terms and any policies, or operating rules posted by the Company on the App and Services or in respect to these, constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any given time. We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void or unenforceable, that the provision or part of the provision is deemed severable from these Legal Terms, and does not affect the validity and enforceability of the remaining provisions. You agree that these Legal Terms will not be construed against us by virtue of having drafted them.
18. Contact Us
If you have any questions about this Terms of Use, the practices of this App, or your dealings with this App, please contact us at: