TERMS AND CONDITION
THIS TERMS AND CONDITIONS APPLIES TO D EUPHORIA XPERIENCE WEBSITE (http://deuphoriaxperience.com/) AND ALL RELATED SITES, APPLICATIONS, SERVICES AND TOOLS REGARDLESS OF HOW YOU ACCESS OR USE ANY OF THEM.
D EUPHORIA XPERIENCE RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO DENY FURTHER OR CONTINUING ACCESS TO OUR SITE TO ANY VISITOR, INCLUDING, WITHOUT LIMITATION, ANY USER THAT HAS VIOLATED ANY ASPECT OF THE TERMS AND CONDITIONS.
D Eeuphoria Xperience is an establishment that provides Products and Services through the use of Affiliate links on its website at www.deuphoriaxperience.com. You understand that D Euphoria Xperience does not own any product and/or services provided to you on this website.
You must be at least 18 years of age to access and use the Service. Any use of the Service is void where prohibited. By accessing and using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
To purchase any product or any services, you may be required to sign-up with the Affiliate’s website by using your email and creating a password, or if you are already registered, click login to make such purchases
Your credit/debit card will be charged for your order when you submit your purchase.
- WEBSITE ACCESS AND USE
Access to the Website including, without limitation, the Website, email or social media Content is provided for your information and personal, non-commercial use only. When using the Website, you agree to comply with all applicable laws and regulatory provisions including, without limitation, copyright law. Except as expressly permitted in these Terms and Conditions, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Website Content for any purpose whatsoever without obtaining prior written consent from us or, in the case third-party content, its respective owner. In certain instances, we may permit you to download or print Website Content or both. In such a case, you may download or print (as applicable) one copy of Website Content for your personal, non-commercial use only. You acknowledge that you do not acquire any ownership rights by downloading or printing Website Content.
Furthermore, except as expressly permitted in these Terms and Conditions, you may not:
- remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Website or Website Content;
- circumvent, disable or otherwise interfere with security-related features of the Website including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or Website Content;
- use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Website or Website Content for any purpose without our express written permission. Notwithstanding the foregoing, we grant public search engine operators permission to use automatic devices (such as robots or spiders) to copy Website Content from the Website for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Website Content that is available to the public. We reserve the right to revoke this permission (generally or specifically) at any time;
- transmit, distribute or upload programs or material that contain malicious code, such as viruses, time bombs, cancel bots, worms, Trojan horses, spyware, or other potentially harmful programs or other material or information;
- forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;
- collect or harvest any personally identifiable information from the Website including, without limitation, user names, passwords, email addresses;
- solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
- attempt to or interfere with the proper working of the Website or impair, overburden, or disable the same;
- de compile, reverse engineer, or disassemble any portion of any the Website;
- use network-monitoring software to determine architecture of or extract usage data from the Website;
- encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person’s Account (as “Account” is defined below without permission, etc.);
- affect us adversely or reflect negatively on us, the Website, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Website, or from advertising, linking or becoming a supplier to us in connection with the Website;
- engage in any conduct that restricts or inhibits any other user from using or enjoying the Website.
Furthermore, you agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms and Conditions.
- USER REGISTRATION
If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a user name and password (an “Account”), which may permit you access to certain areas of the Website not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Account. You are solely responsible for the activity that occurs under your Account, whether or not you have authorized the activity. You agree to notify us immediately about any breach of security or unauthorized use of your Account.
- INTELLECTUAL PROPERTY RIGHTS
The trademarks of D Euphoria Xperience are proprietary to D Euphoria Xperience and may not be used by you for any reasons other than as expressly permitted by these terms. All Website content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are property of, or duly licensed to, D Euphoria Xperience. You have the right to view, electronically copy, and print in hard copy portions of the Website for the sole purpose of making class reservations, purchases, or other personal use.
Any other use of materials on the Website, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of D Euphoria Xperience, is strictly prohibited.
You acknowledge that D Euphoria Xperience and/or third-party content providers remain the owners of all Website materials, and that you do not acquire any of those ownership rights by downloading, copying, or using any such material in accordance with these Terms and Conditions. D Euphoria Xperience may discontinue or remove the Website, or any portion thereof, or discontinue your right to use the Website, or any portion thereof, at any time.
As between you and D Euphoria Xperience, you own all content that you submit to D Euphoria Xperience. You grant D Euphoria Xperience and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content (including without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever commercial or otherwise without compensation to you. In addition, you waive any so-called “moral rights” in your content. You further grant all users of D Euphoria Xperience’s services permission to view your content for their personal, non-commercial purposes.
In participating in D Euphoria Xperience’s classes, you may be photographed, videoed or otherwise recorded by D Euphoria Xperience or third parties authorized by D Euphoria Xperience in its or such third parties producing of content which among other things D Euphoria Xperience or such third parties may use to advertise, report upon, market and/or promote D Euphoria Xperience and its services. You hereby consent to such usage of your imagery for all and any such purpose by D Euphoria Xperience and such third parties and hereby agree that D Euphoria Xperience and such third parties without any payment to you shall in all cases be the sole owner of all intellectual and other proprietary rights therein without any restriction whatsoever.
- WIRELESS MARKETING SERVICES AND PROMOTIONAL OPPORTUNITIES
Under no circumstances will we be responsible for any wireless email or text messaging charges incurred by a user or by a person that has access to a user’s wireless device, telephone number, or email address.
You understand, acknowledge and agree that we may, in our sole discretion and without liability to any user, terminate the offer of any specific wireless marketing service or all wireless marketing services at any time without advance notice. We may provide notice of terminations or changes in services on this Website.
- WEBSITE CONTENT u0026amp; THIRD PARTY LINKS
We provide the Website including, without limitation, Website Content for informational, educational, entertainment and promotional purposes only. You may not rely on any information and opinions expressed on any of our Website for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Website Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Website Content.
You expressly understand our website contains contents posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on the Website by anyone other than authorized employees or spokespersons while acting in their official capacities.
If there is a dispute between persons accessing the Website or between persons accessing the Website and any third party, you understand and agree that we are under no obligation to become involved. If there is such a dispute, you hereby release the Website, us, and our officers, directors, employees, parents, partners, successors, agents, affiliates, subsidiaries, and related companies from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.
The Website may contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
You agree to indemnify and hold harmless the Website, us, and our officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (i) your access to or use of the Website; (ii) User Content provided by you or through use of your Account; (iii) any actual or alleged violation or breach by you of these Terms and Conditions; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
- LIMITATION ON LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE WEBSITE, US, OR OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, OR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THE ABOVE LISTED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE WEBSITE OR THESE TERMS AND CONDITIONS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT IS TO STOP USING THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON THE WEBSITE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF THE WEBSITE, US, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND RELATED COMPANIES EXCEED THE GREATER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY THE ABOVE LISTED PARTIES DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF THE WEBSITE OR THESE TERMS AND CONDITIONS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
We reserve the right in our sole discretion and at any time to terminate or suspend your Account and/or block your access to the Website for any reason including, without limitation if you have failed to comply with the terms of this Terms and Conditions. You agree that the Website, us, our officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and related companies shall not be liable to you or any third party for any termination or suspension of your Account or for blocking your access to the Website.
Any suspension or termination shall not affect your obligations to us under these Terms and Conditions. The provisions of these Terms and Conditions which by their nature should survive the suspension or termination of your Account or these Terms and Conditions shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, dispute resolution, no class action, no trial by jury and all of the miscellaneous provisions set forth below.
- CHOICE OF LAW; JURISDICTION AND VENUE
These Terms and Conditions shall be construed in accordance with the laws of the Trinidad and Tobago without regard to its conflict of laws rules.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. If any provision of these Terms and Conditions is held to be invalid or unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms and Conditions, which shall remain in full force and effect.
You may not assign these Terms and Conditions or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign these Terms and Conditions or any rights hereunder without your consent and without notice.
For more information or questions about your use of our website, please contact us using the “Contact Us” page provided on the Website’s homepage