GENERAL USE OF AQUA4BALANCE WEBSITE — PERMISSIONS AND RESTRICTIONS AQUA4BALANCE
Hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that: You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without AQUA4BALANCE prior written authorization. You agree not to alter or modify any part of the Website or any of its related technologies. You agree not to access User Submissions (defined below) or AQUA4BALANCE Content through any technology or means other than the video playback pages of the Website itself, or other explicitly authorized means AQUA4BALANCE may designate. You agree not to use the website for any non-authorized commercial use, without the prior written authorization of AQUA4BALANCE. Prohibited commercial uses include any of the following actions taken without AQUA4BALANCE express approval: sale of access to the Website or its related services on another website; and any use of the Website or its related services that AQUA4BALANCE finds, in its sole discretion, to use AQUA4BALANCE resources or User Submissions with the effect of competing with or displacing the market for AQUA4BALANCE, AQUA4BALANCE content, or its User Submissions. Prohibited commercial uses do not include: uploading an original video or textual content to AQUA4BALANCE, or maintaining an original vendor or practitioner store front on AQUA4BALANCE, to promote your business or complementary or alternative medicine enterprise; any use that AQUA4BALANCE expressly authorizes in writing. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the AQUA4BALANCE servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, AQUA4BALANCE grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. AQUA4BALANCE reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, e-mail) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, AQUA4BALANCE Community Guidelines, and all applicable local, national, and international laws and regulations. AQUA4BALANCE reserves the right to discontinue any aspect of the AQUA4BALANCE Website at any time.
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on AQUA4BALANCE. The content on AQUA4BALANCE, excluding all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to AQUA4BALANCE, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. AQUA4BALANCE reserves all rights not expressly granted in and to the Website and the Content. You may access User Submissions solely: for your information and personal use; as intended through the normal functionality of the AQUA4BALANCE Service; and for Streaming. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the AQUA4BALANCE Service to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Videos/Images for any purpose or in any manner other than Streaming is expressly prohibited. User Videos/Images are made available “as is.”User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the AQUA4BALANCE Service. User Comments are made available “as is”, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the AQUA4BALANCE Service or otherwise as prohibited under this Agreement. You may access AQUA4BALANCE Content, User Submissions and other content only as permitted under this Agreement. AQUA4BALANCE reserves all rights not expressly granted in and to the AQUA4BALANCE Content and the AQUA4BALANCE Service. 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 User Submissions of third parties obtained through the Website for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security-related features of the AQUA4BALANCE Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the AQUA4BALANCE Website or the Content therein. You understand that when using the AQUA4BALANCE Website, you will be exposed to User Submissions from a variety of sources, and that AQUA4BALANCE is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, in no way validated as correct, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against AQUA4BALANCE with respect thereto, and agree to indemnify and hold AQUA4BALANCE, its Owners/Operators, affiliates, and/or licenses, harmless to the fullest extent allowed by law regarding all matters related to your use of the site. The content on this site is for general inquiry and informational purposes only and is not intended as a substitute for medical advise, treatment, or diagnosis of any kind or type. You should consult a doctor or other competent licensed clinician for specific advise applicable to you. If you think you are ill or in need of medical attention, you should seek immediate medical care. Any use of this site and/or reliance in any way on its content or information contained in the Site and/or accessed through the Site is solely at your own risk. Your use of this site is governed by these Terms and Conditions and others noted within the “Terms and Conditions” area of the Site. If you do not agree with these Terms and Conditions, YOU MAY NOT use this Site. Entering or using the Site in any way will constitute your conclusive, binding acceptance of these Terms and Conditions. AQUA4BALANCE (“AQUA4BALANCE.com”) reserves the right to make changes to this Site, including, without limitation, its content and these Terms and Conditions, among others, from time to time and at any time, in its sole discretion, and without obligation or liability to any party. Changes to these Terms and Conditions will be effective when posted. Your use of this Site after changes have been posted shall be deemed to be acceptance of all such changes, whether or not you have actually reviewed them.
USER SUBMISSIONS & CONDUCT
As an AQUA4BALANCE account holder you may submit video and/or image content and/or textual content. Those are collectively referred to as “User Submissions.” You understand that whether or not such User Submissions are published, AQUA4BALANCE does not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize AQUA4BALANCE to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to AQUA4BALANCE, you hereby grant AQUA4BALANCE a worldwide, non-exclusive, royalty-free, sub licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with AQUA4BALANCE and its successors and affiliates business, including without limitation for promoting and redistributing part or all AQUA4BALANCE Website in any media formats and through any media channels. You also hereby grant each user of AQUA4BALANCE Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User videos/images/pages/articles terminate within a commercially reasonable time after you remove or delete your User videos/images/pages/articles from the AQUA4BALANCE Service. You understand and agree, however, that AQUA4BALANCE may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant AQUA4BALANCE all of the license rights granted herein.You further agree that you will not, in connection with User Submissions, submit material that is contrary to the AQUA4BALANCE Community Guidelines, found at Community Guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations. AQUA4BALANCE does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and AQUA4BALANCE expressly disclaims any and all liability in connection with User Submissions. AQUA4BALANCE does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and AQUA4BALANCE will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. AQUA4BALANCE reserves the right to remove Content and User Submissions without prior notice.
ACCOUNT TERMINATION POLICY
AQUA4BALANCE will terminate a User’s access to its pages if, under appropriate circumstances, they are determined to be a repeat infringer. AQUA4BALANCE reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. AQUA4BALANCE may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
You agree that your use of AQUA4BALANCE shall be at your sole risk. To the fullest extent permitted by law, AQUA4BALANCE and its team disclaim all warranties, express or implied, in connection with the website and your use. AQUA4BALANCE makes no warranties or representations about the accuracy or completeness of this site’s content or the content of any sites linked to this site and assumes no liability or responsibility for any errors, mistakes, or inaccuracies of content, personal injury or property damage, of any nature whatsoever, resulting from your access and use of our website, 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 our website, any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our website by any third party, 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 AQUA4BALANCE. AQUA4BALANCE does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by Pro members or third party through AQUA4BALANCE or any hyperlinked website or featured in any banner or other advertising, and AQUA4BALANCE 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 any environment, you should use your best judgment and exercise caution where appropriate.
In no event shall AQUA4BALANCE, its owners and its team be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any: (1) errors, mistakes, or inaccuracies of content, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our property damage, of any nature whatsoever, resulting from your access to and use of our website, (3) any unauthorized access to or use of our secure services and/or any and all personal information and/or financial information stored therein. (4) any interruption or cessation of transmission to or from our website, (5) any bugs, viruses, Trojan horses, or the like, which my be transmitted to or through our website by any third party, and/or any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via AQUA4BALANCE, 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 foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that AQUA4BALANCE 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.
You agree to defend, indemnify and hold harmless to AQUA4BALANCE, its owner and/or 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: your use of and access to AQUA4BALANCE; your violation of any term of these Terms of Service; your violation of any third party right, including without limitation any copyright, property, or privacy right; 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 AQUA4BALANCE.
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 13, as AQUA4BALANCE is not intended for children under 13. If you are under 13 years of age, then please do not use AQUA4BALANCE Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by AQUA4BALANCE without restriction.
SERVICE-MARKS AND TRADEMARKS
- Watsu® and Tantsu® are registered service marks of Harold Dull. Practitioners and Instructors in Watsu® must be verified as being trained and certified by the Worldwide Aquatic Bodywork Association (WABA and WABR).
- JAHARA® and the Jahara® logo are registered trademarks of Mario Jahara. Other Jahara® trademarks include, but are not limited to: aquatic footwork; activexercises; third arm; tcs (triangular cervical support); the gentle power of water; structural bodywork in water; aquatic body integration; structural shiatsu; zen shiatsu for aquatic therapies; Jahara basics, expansion & integration.
- Dr. Peter D’Adamo’s Eat Right For Your Type®