Terms of Use for Website and Electronic Communications
PLEASE READ CAREFULLY. These terms of use represent the agreement (“Agreement”) between you (“User”) and My Life Views (“MLV”) governing use of MLV website (“Website” or “Site”) and communications between the MLV and you via email or other electronic means (“Electronic Communications”). This included all Opinion Poll answers submitted to MLV. MLV reserves the right to change the terms of use at any time, with or without advance notice.
1. Permitted Use. You may use the MLV Website and engage in Electronic Communications with MLV only for expressly authorized purposes. You must not access or use the Site or engage in Electronic Communications (i) for any purpose that is unlawful; (ii) in any manner that interferes with any other user’s use of the Site or Electronic Communications; (iii) in any manner that could impair, damage, or disable the Site or any computer, server, or network that is used by MLV for Electronic Communications; (iv) using a user ID, password or other credentials for which you are not authorized. MLV may at its sole discretion prohibit access or use of the Site and Electronic Communications by any User that is in violation of this Agreement, or is interfering with the proper operation and enjoyment of the site by others.
2. Copyright and Trademark. Unless otherwise indicated, as between User and MLV, all information contained on or in the Website and our Electronic Communications, such as text, graphics, trademarks and service marks, logos, images, audio and video clips, tests, questions, research, book content and all other content is proprietary to MLV and may not be copied, reproduced, transmitted, displayed, performed, distributed, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner unless advance permission is granted by MLV in writing. If a Member or User is granted advance written permission from MLV to use or distribute any MLV content, Members or User shall clearly attribute the creation and ownership to MLV. Specifically, User shall at least provide one conspicuous notice of MLV copyright ownership. My Life Views® and Life Questions® are registered service marks of MLV, and any MLV logos, domain names and taglines, are service marks and trademarks of MLV and may not be used or reproduced without the express written consent of MLV.
3. User Submitted Materials. Any original materials submitted by Members or Users, including (without limitation) photographs, images, text, graphics, opinion poll answers, written material and other materials (collectively, “Members or User Submitted Materials”) are subject to the following terms and conditions:
a. As between Members/User and MLV, Members/User will retain ownership of such User Submitted Materials, and you grant MLV and its designees a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of sublicense (through multiple tiers), to use, reproduce, distribute (through multiple tiers), create derivative works of and publicly display such Members/User Submitted Materials solely in connection with MLV.
b. Members/User represents and warrants that Members/User owns or otherwise possesses all necessary rights, permissions, and license with respect to the Members/User Submitted Materials, and that the Members/User Submitted Materials do not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trade secret right or other intellectual property or property right of any third party, and that the Members/User Submitted Materials are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable.
4. No Healthcare Information. The Questions and all related written material including the full content of the “Life Questions” Book Publication and content that are available on the Website, are provided AS-IS and are subject to the disclaimers and other terms set forth herein. Questions and any other type of information and other content on the Website or sent via Electronic Communications are provided for informational purposes only and are not intended to be used for as the basis for any life guiding principle or healthcare directive or as a substitute for obtaining medical or any other professional advice and treatment from a competent physician, mental health professional, financial advisor, life coach, or other health care or life support practitioner. MLV is not a mental or health care provider or covered entity and all questions are not protected information pursuant to HIPAA laws. You should not take any health care or life course action based upon the researched material, ideas or sentiments contained in the Life Questions support material or other content of the MLV Website or Electronic Communications without first obtaining appropriate and independent guidance from a life coach, physician or other health care practitioner. Giving, receiving, or using the content on this Website or via Electronic Communications does not constitute or create a caregiver-patient relationship.
5. Privacy Policy. The Privacy Policy of MLV is incorporated by reference and made an express part of these Terms of Use as if fully set forth herein. Please refer to the Privacy Policy in full as contained in this website.
6. Linking and Framing. MLV makes no representation, warranty or endorsement, express or implied, as to any of the information, book content, services, products or messages on any other applications which may be accessed through links and frames in the Website or in its Electronic Communications. Links and frames are provided for convenience only and are not intended as an endorsement by MLV of the organization or individual operating the linked/framed websites and/or applications or a warranty or endorsement of any type regarding the third party websites or the information, services, products or messages posted on or available from such sites or third parties.
7. Disclaimers of Warranties and Limitation of Liability. When using the Website or engaging in Electronic Communications, information will be transmitted over a medium that may be beyond the control and jurisdiction of MLV and its agents, vendors, and suppliers. Accordingly, MLV assumes no liability for or relating to the delay, failure, interruption, unavailability, or corruption of any data or other information transmitted in connection with use of the Website or its Electronic Communications. The Website, Electronic Communications, and MLV content is provided on an “as is” basis. MLV AND ITS’ officers, directors, agents, employees, CONTRACTORS, volunteers, LICENSORS, LICENSEES AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FITNESS FOR PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING, PERFORMANCE OR USAGE OF TRADE. Without limiting the foregoing, MLV, its officers, directors, agents, employees, volunteers, licensees, licensors, and suppliers make no representations or warranties about the accuracy, reliability, availability, completeness, or timeliness of the content, and where applicable, questions, book content, software, text, graphics, links, or communications provided on or through the Website or via Electronic Communications. In no event shall MLV, its officers, directors, agents, employees, contractors, volunteers, licensees, licensors, and suppliers, or any third parties mentioned in the Website be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, life directions, lost profits, or damages resulting from lost data or business interruption) resulting from the use of, or inability to use, the Website, Electronic Communications, or content, whether based on warranty, contract, tort, or any other legal theory, and whether or not MLV, its officers, directors, agents, employees, volunteers, contractors, licensees licensors, and suppliers, or any third parties mentioned in the Website are advised of the possibility of such damages. Members/User agrees to hold harmless MLV and its officers, directors, agents, employees, contractors, licensees, and volunteers from all claims arising out of or related to your use, or your inability to use, the Website or the information, questions, book content, services, products or messages contained in the Website or other applications and/or websites to which the Website is linked, including but not limited to claims that you have found something you have heard, viewed or downloaded from the Website or another website or application to which it is linked to be obscene, offensive, defamatory, or infringing upon your intellectual property rights. In no event will MLV or the contributors of information to the Website be liable to Members/User or anyone else for any decision made or action taken by User in reliance on such information or for any consequential, special or similar damages, even if advised of the possibility of such damages. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST MLV, ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND VOLUNTEERS FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE WEBSITE. Members/User agrees to hold harmless MLV and its officers, directors, agents, employees, licensees, and volunteers from all claims, liabilities, causes of action, damages, losses and expenses (including, without limitation, attorneys’ fees) arising directly or indirectly out of or from the Members/User Submitted Materials.
8. Survival. In the event any provision hereunder is held to be invalid or unenforceable, all remaining terms under the Terms of Use shall remain in full force and effect as if such invalid or unenforceable term had never been included.
9. Equitable Relief. Members/User agrees that any material breach of these Terms of Use will result in irreparable harm to MLV for which damages alone would be an inadequate remedy. Therefore, in addition to its rights and remedies otherwise available at law, MLV shall be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs.
10. Non-Waiver. Any failure to exercise promptly any right under the Terms of Use shall not create a waiver or any expectation of non-enforcement.
11. Governing Law. Members/ User and MLV agree that the statutes and laws of the State of BERLIN Germany, without regard to conflicts of laws principles thereof, shall apply to all matters arising from or relating to use of the Website. Members/User and MLV also agree and hereby submit to the exclusive personal jurisdiction and venue of The District Court of Chalottenburg- Wilmersdorf – BERLIN, Germany with respect to such matters.
12. Entire Terms of Use. This Agreement constitutes the entire agreement between Members/User and MLV relating to the Website, and cancels and supersedes any prior versions of the Terms of Use.
Effective Date: June 01,2021