Terms of use | Liat Berko

TERMS AND CONDITIONS
Welcome to Euphoria! Last Modified: August 23, 2020

Liat Berko Productions Inc DBA Euphoria (“Euphoria”, “we”, “us”, “our”, the “Company”) provides its services (described below) to you through its website located at www.euphoriastateofmind.com (the “Site”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms (the “Terms”).

By using the Euphoria Services or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms. If you do not want to agree to these Terms, you must not access or use the Euphoria Services.

Restrictions of Use.

In order to access and use the Euphoria Services, you need to:

be 18 years or older, or be 13 years or older and have your parent or guardian’s consent to these Terms;
have the power to enter a binding contract with us and not be barred from doing so under any applicable laws;
refrain from using the Euphoria Services if you are located in a country that is subject to embargo under the laws of the United States (or under similar laws applicable to you);
refrain from using the Euphoria Services for any commercial purpose; and
refrain from using the Euphoria Services if you are listed on any U.S. Government list of prohibited or restricted parties.

Changes to the Terms.

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Euphoria Services thereafter. Your continued use of the Euphoria Services following the posting of revised Terms means that you accept and agree to the changes. you are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Euphoria Services and Account Security.

Right to amend, withdraw and restrict. We reserve the right to withdraw or amend any service or material we provide as part of the Euphoria Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Euphoria Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of The Euphoria Services, including to registered users.

Registration. To access the Euphoria Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Euphoria Services that all the information you provide on the Euphoria Services is correct, current, and complete.

Confidentiality of Username and Password. If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to your account on the on the Euphoria Services using your username, password or other security information. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

User Conduct and Behavior. You are solely responsible for all course materials, pictures, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (the “Content”) that you upload, post, publish or display or otherwise use via the Euphoria Service (hereinafter, “upload”). Euphoria reserves the right to investigate and take equitable or legal action against anyone who, in Euphoria's sole discretion, violates this provision. You agree to indemnify us and hold harmless from any action brought against us because you breached this provision of the Terms.

Payments.

Fees and Payment. You will be required to select and provide payment to the extent the Euphoria Service or any portion thereof is made available for any fee, and provide us your credit card or other payment instrument. You represent and warrant to us that you are authorized to use that payment instrument. You hereby authorize Euphoria to bill your payment instrument in accordance with the terms of the applicable course or Content you have selected on your account, and you further agree to pay any charges so incurred. We reserve the right to change the Content’s prices. Your continued use of the Euphoria Service after the price change becomes effective constitutes your agreement to pay the changed amount. You are solely responsible for all taxes associated with the Euphoria Services other than Euphoria’s taxes.

Intellectual Property Rights.

Company Ownership. the Euphoria Services and its entire features, functionality and Content (including but not limited to all information, software, logos, brand elements, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the us, our licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms permit you to use the Euphoria Services for your personal, non-commercial use only. You must not a) modify any materials from the Euphoria Services; b) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; c) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Euphoria Services. Any use of the Euphoria Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

User Content transmitted through the Euphoria Services. You acknowledge and agree that all the Content and any and all media in connection with it is owned by you (the “User Content”). By uploading any User Content you grant us a nonexclusive, irrevocable, royalty free, fully paid, transferable, sublicensable, perpetual license to copy, display, upload, adapt, and publish your User Content in any and all form, through any means available to us, and even for commercial purposes. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.

Trademarks. The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are common law or registered trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Euphoria Services are the trademarks of their respective owners.

If you believe that any User Contributions violate your copyright, please send us an e-mail with a notice of copyright infringement to Liat Berko Productions Inc DBA Euphoria. It is the policy of the Company to terminate the user accounts of repeat infringers.

Prohibited Uses.

You may use the Euphoria Services only for lawful purposes and in accordance with these Terms. You agree not to use the Euphoria Services:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with the provisions set out in these Terms.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of The Euphoria Services, or which, as determined by us, may harm the Company or users of The Euphoria Services, or expose them to liability.

Additionally, you agree not to:

Use the Euphoria Services in any manner that could disable, overburden, damage, impair, or interfere with any other party's use of The Euphoria Services, including their ability to engage in real time activities through The Euphoria Services.
Use any robot, spider or other automatic device, process or means to access the Euphoria Services for any purpose, including monitoring or copying any of the material on The Euphoria Services.
Use any manual process to monitor or copy any of the material on the Euphoria Services, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
Use any device, software or routine that interferes with the proper working of The Euphoria Services.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of The Euphoria Services, the server on which the Euphoria Services is stored, or any server, computer or database connected to The Euphoria Services.
Attack the Euphoria Services via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of The Euphoria Services.

Monitoring and Enforcement; Termination.

We have the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Euphoria Services or the public or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Euphoria Services.
Terminate or suspend your access to all or part of the Euphoria Services for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through The Euphoria Services. You waive and hold harmless the Company and its affiliates, licensees and service providers from any claims resulting from any action taken by any of the foregoing parties during or as a result of its investigations and from any actions taken as a consequence of investigations by either such parties or law enforcement authorities.

Reliance on Information Posted.

the Euphoria Services includes content provided by third parties, including materials provided by other users. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to The Euphoria Services.

We may update the content on the Euphoria Services from time to time, but its content is not necessarily complete or up to date. Any of the material on the Euphoria Services may be out of date at any given time, and we are under no obligation to update such material.

Linking to the Euphoria Services.

You may link to our homepage or application, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.

Links from The Euphoria Services.

If the Euphoria Services contains links to other websites, applications and resources provided by third parties, these links are provided for your convenience only, and you hereby acknowledge that we have no control over the contents of those websites, applications or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites or applications linked to The Euphoria Services, you do so entirely at your own risk and subject to their applicable terms and conditions of use.

Disclaimer of Warranties.

You understand that we cannot and do not guarantee or warrant that Content available for downloading from the internet or the Euphoria Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your equipment, computer programs, data or other proprietary material due to your use of the Euphoria Services or any services or items obtained through the Euphoria Services or to your downloading of any material posted on it, or on any website or application linked to it.

The Euphoria Services, its content and any services or items obtained through the Euphoria Services are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Euphoria Services. Without limiting the foregoing, neither the Company nor anyone associated with the Company represents or warrants that The Euphoria Services, its content or any services or items obtained through the Euphoria Services will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our website, application or the server that makes it available are free of viruses or other harmful components or that the Euphoria Services or any services or items obtained through it will otherwise meet your needs or expectations.

The Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

Limitation on Liability.

To the fullest extent provided by law, in no event will the Company, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use or inability to use the Euphoria Services, websites and/or content on or linked to it, or items obtained through the Euphoria Services or such other websites or applications, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

Indemnification.

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Euphoria Services, including, but not limited to, your User Contributions, any use of The Euphoria Services’ content, services and products other than as expressly authorized in these Terms, or your use of any information obtained from The Euphoria Services.

Governing Law and Jurisdiction.

Governing Law. All matters relating to the Euphoria Services and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida, United States, without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).

Jurisdiction. Any legal suit, action or proceeding arising out of, or related to, these Terms or the Euphoria Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in the City of Miami and County of Miami-Dade, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. you waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration.

At Company's sole discretion, it may require you to submit any disputes arising from these Terms or use of The Euphoria Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Florida law.

Waiver and Severability.

No waiver by the Company 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 of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Entire Agreement.

These Terms shall constitute the sole and entire agreement between you and our Company with respect to the Euphoria Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Euphoria Services.

Your Comments and Concerns.

If you have a question about these Terms, please promptly contact us at info@euphoriastateofmind.com.