Agreement for Use of This Service
All of the webpages related to the domains www.kabbalah.com (the “Site”) and any other domain operated by or for Kabbalah Centre International, Inc. (hereinafter the “Centre”) constitute an online information and internet site provided by the Centre. Use of the Service information, the services provided on the Site, and the internet site itself (collectively, the “Service”) are governed by the terms and conditions of this Agreement.
Please note that the Centre may change the terms of this Agreement at any time without notice and such changes will be effective on the date that such modified terms are posted on the Centre’s Site at www.kabbalah.com. Access to or use of this Site after such changes have taken effect constitutes acceptance of all changes.
Please also note that at any time, without notice, the Centre reserves the right to terminate your access to this site.
If you are under 18, you may use the Site only with involvement and consent of a parent or guardian. The Centre reserves the right to refuse Service, terminate access, remove or edit User Content or, or cancel orders for any product offered through the Site in our sole discretion. If you have agreed to allow your minor child, or a child for whom you are legal guardian (a "Minor"), to use the Service and the Site, you agree that you shall be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor's access to and use of the Service and the Site, including all User Content provided by such Minor; and (c) the consequences of any use of the Service by such Minor. Children under the age of 13 should not register for any Service hereunder. At various places on the Service, we may ask whether users are under the age of 18 or 13. The Centre relies on our users to be truthful in responding to these questions. If a user does not identify his/her proper age, we will have no way of verifying actual age with respect to our policies.
The Centre’s Sites do not knowingly solicit or collect personally identifiable information online from children under the age of 13 without prior verifiable parental consent. If the Centre learns that a child under the age of 13 has submitted personally identifiable information online, in contravention of these measures, it will take all reasonable measures to delete such information from its databases and to not use such information for any purpose (except where necessary to protect the safety of the child or others as required by law).
Your Account Obligations
You will receive a password and account designation after you have completed your membership application form and provided the required account information. You agree to maintain the security of your account on our Website, including the confidentiality of your password and other account information, and you are fully responsible for all activities that occur under your password or account, including all charges resulting from unauthorized use of your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.
This Site is, in part, dedicated to providing online community experience that is interactive. By posting on this Site, whether to post photographs, videos, blogs or other material or comment on other’s posting to this Site or otherwise post or upload information to the Site (collectively “User Content”), you agree that such User Content shall be deemed, and shall remain, the property of the Centre, and shall otherwise be subject to the provisions below. You represent and warrant that you are authorized to grant all rights in the User Content to the Centre. Disclosure, submission, or offer of any User Content shall constitute an assignment to the Centre of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in such User Content. The Centre may edit, copy, publish, distribute, translate, and otherwise use in any medium any User Content that you post to the Site or otherwise forward to the Centre; and the Centre will own exclusively all such rights, titles, and interests and shall not be limited in any way in its use, commercial or otherwise, of the User Content. The Centre is not under any obligation to (1) maintain any of your User Content (or any other user’s postings to the Site) in confidence, (2) pay you or any other user any compensation for any User Content, whether included on the Site, or in any other materials or media released, distributed, marketed, published and/or sold by the Centre; (3) respond to any of your or any other user’s User Content, or (4) provide attribution to you and/or any other user as to your (or such user’s) User Content. Further you acknowledge that you may not receive attribution for your User Content, while another user may receive attribution for his/her User Content. If we attribute User Content that you have posted to you, we will use the name under which you have provided such User Content for that purpose, and you hereby expressly authorize us to use your name for this purpose.
Derogatory, harmful or unlawful conduct is not permitted on the Centre. Users are not permitted to upload to, distribute through, or otherwise publish through the Site any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law. Unauthorized commercial messages and/or public announcements are not allowed on the Site. Unauthorized collection and/or use of email addresses via the Site is also not allowed, including, but not limited to, solicitations, spamming or flaming.
Please be aware that generally, information, including without limitation User Content, you post on, upload to or distribute through a message board, chat room, blog or any similar feature will be accessible by other users of the Site. Please be sure that any such information is information that you are comfortable sharing with the public.
You acknowledge that the Centre may or may not pre-screen and/or monitor content posted on the Site, and that the Centre shall have the right to remove, edit, move or close, in whole or in part, any thread or posting in any chat room and/or similar feature on the Site at any time for any reason, in the Centre’s sole discretion.
Any conduct by you on our Website that we believe, in our sole discretion, restricts or inhibits any other user from using or enjoying our Website will not be permitted. You also agree not to use our Websites to post petitions for any issue or cause or post an advertisement or solicitation of funds, goods or services.
In addition, you may not post a message impersonating another user, nor post any message that contains any personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses or employer references or chain letters of any kind.
Copyright and Trademarks
© 1964 - 2011 by Kabbalah Centre International, Inc. ALL RIGHTS RESERVED. Text, User Content, graphics and HTML code are protected by U.S. and international copyright laws. THE KABBALAH CENTRE, and all trademarks, service marks, logos, and trade names (collectively the "Marks"), including but not limited to those Marks displayed or used on this Site, whether or not in large print or with the trademark symbol, are registered or common law trade marks of the Centre, or its affiliates, and are protected under federal and international trademark laws. Nothing contained in this Site or this Agreement grants any right to use, misuse, copy, reproduce, download, transmit, modify or distribute any of the Marks without the prior written permission of the Centre, or that of the respective owner. The Centre reserves the right to protect its Marks under the fullest extent of the law if prior written permission is not obtained.
Nothing contained in this Site or this Agreement grants any right to use any of the Marks without our prior written permission or that of the respective owner.
All materials on the Service and the Site, including without limitation the text, audio, video and all User Content, are copyrighted by us and/or by other applicable rights holders under Title 17, U.S.C, as amended, and its international equivalent counterparts, including but not limited to the European Union Copyright Directive, unless otherwise noted. You may download and reprint a single copy of the materials from the Service for your own personal, noncommercial use only, provided you include all applicable notices and disclaimers. Downloaded or reprinted materials shall not be reposted or distributed or otherwise shared with any person or third party. Any other use of the materials is strictly prohibited without our prior written permission and the permission of the applicable rights holder(s). Without limiting the foregoing, the copying, redistribution, reposting, publication, adaptation or alteration of any part of this Site in connection with any enterprise or plan for same is prohibited without prior written permission from us, which may be withheld in our sole discretion. The use of any the materials presented on this Site and through the Service on any other Web site or networked computer environment or for any other purpose is strictly prohibited and such unauthorized use may violate copyright, trademark, and other similar laws.
The Centre offers the Service for general information and educational purposes only. Reliance upon any information provided by or through our Service appearing on the Site or other visitors to the Site is solely at your own risk.
The Centre does not provide medical advice or prescribe the use of any technique as a form of treatment for physical, psychological or medical problems. Before using any information or technique presented on the site for any physical, psychological or medical problem, you should first seek the advice of a medical professional. The sole objective of the Centre is to offer information of a general nature to assist you in your pursuit of emotional and spiritual well-being. In the event you utilize any of the information available on this Site for yourself, the Centre assumes no responsibility for your actions, and you use the same at your own risk.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. The Centre does sell products that may be intended for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Site only with involvement of a parent or guardian. The Centre reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
THE SERVICE OFFERED ON THE SITE AND ANY INFORMATION PROVIDED ON THE SERVICE ARE NOT INTENDED TO CONSTITUTE THE PRACTICE OF OR FURNISHING OF ANY ADVICE, DIAGNOSIS, CONSULTATION OR TREATMENT OR SERVICES IN ANY JURISDICTION. You should not assume that the Materials on this Site are continuously updated or otherwise contain current information. THE INFORMATION, CONTENT AND PRODUCTS PROVIDED ON OR THROUGH THIS SITE ARE DISTRIBUTED, PROVIDED AND/OR SOLD ON AN “AS IS” BASIS, WITHOUT ANY GUARANTEES OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR USE. ANY IMPLIED WARRANTIES ARE EXPRESSLY DISCLAIMED HEREBY TO THE FULLEST EXTENT PERMITTED BY ALL APPLICABLE LAWS. THE CENTRE DOES NOT GUARANTEE THE ACCURACY OF ANY DESCRIPTION OF ANY OF ITS PRODUCTS REFLECTED HEREIN. WHILE THE CENTRE HAS ENDEAVORED TO MAKE SURE THE INFORMATION CONTAINED IN THIS SITE IS ACCURATE, THE CENTRE CANNOT GUARANTEE THE ACCURACY OF SUCH INFORMATION, AND IT IS PROVIDED WITHOUT WARRANTY OR GUARANTEE OF ANY KIND.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Limitation of Availability
We do not represent or warrant that this, or any site to which ours is linked, will be accessible or available on a timely basis, or that access to same will be uninterrupted or error free.
Limitation on Liability; Limited Remedies
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES OR OUR OR OUR AFFILIATES’ OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS, SUBCONTRACTORS OR LICENSORS BE LIABLE TO YOU OR ANY OTHER USER OF THE INFORMATION, CONTENT OR PRODUCTS CONTAINED IN OR OFFERED ON THE SITE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, LOSS OF REVENUE OR BUSINESS OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THE INFORMATION, CONTENT OR PRODUCTS CONTAINED IN OR OFFERED ON THE SITE, OR OTHER WEB SITES ACCESSED THROUGH THIS SERVICE, AND/OR CONTENT, PRODUCTS OR INFORMATION PROVIDED ON OR THROUGH THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.
Affiliate Web sites
The Centre may be affiliated with other Web sites. The Centre may provide links to and from these Web sites for your convenience. If you decide to access any of these sites from the Centre’s site, you agree that you do so entirely at your own risk. The Centre is not responsible for any information and content on such sites and the Centre makes no representations or warranties with respect to the privacy policies of such sites.
Links From this Site
The Centre is not affiliated or associated with sponsors of sites which hyperlink to or from the Centre or other sites. The linked sites are not under the control of the Centre and the Centre is not responsible for the content of any linked site or any link contained in a linked site. The Centre reserves the right to terminate any link or linking program at any time. The Centre may provide links from this Site to other sites as a convenience to you and in no way should this be interpreted as an endorsement of any company, content, or products to which it links. The Centre is not responsible for any information and content on such sites and the Centre makes no representations or warranties with respect to the privacy policies of such sites. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
Linking to this Site
The Centre encourages you to create or maintain any link from another Web site to any page on this Site without our prior written permission.. However, the Centre reserves the right to withdraw such permission at any time. In addition, running or displaying this Site or any information or material displayed on this Site in frames or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to this Site must comply will all applicable laws, rule and regulations.
You agree to indemnify The Centre and any of our parent, subsidiary or affiliate companies or organizations, and any of our successors, assigns or licensees, together with any of their respective officers, directors and employees, against any and all damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys' fees and costs) arising out of a claim by a third party relating to your use of the Service, or any breach or violation of this Agreement or any other term or condition contained on the Service.
The Centre’s headquarters are located in Los Angeles, California. The Centre makes no claims that the Service is appropriate or may be downloaded outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Governing Law; Jurisdiction
These Terms and Conditions are governed by the internal substantive laws of the State of California, without respect to its conflict of laws or choice of laws principles.
You expressly and irrevocably agree that exclusive jurisdiction for any dispute with the Centre, or in any way relating to your use of the Service resides in the courts of the County of Los Angeles, in the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the County of Los Angeles, in the State of California in connection with any such dispute including any claim involving the Centre, or the Centre’s parent corporation, affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
You agree that any legal proceeding against the Centre related to the Service shall be filed and tried only in Los Angeles County, California, United States of America, or, where such court does not have jurisdiction by law, then any such proceeding shall only be maintained in the State Courts of the State of California, sitting in Los Angeles County or the Federal Courts, for the Central District of California, sitting in Los Angeles County. Both parties hereby expressly waive any right to a jury trial in any such proceeding.
If any provision of these Terms and Conditions is found to be invalid by any court having jurisdiction, then the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
If you violate any terms of this Agreement, your permission to use the Service and the Site automatically terminates and you must immediately destroy any copies you have made of any portion of the Materials contained herein. In addition, The Centre, in its sole discretion, may suspend your account or prohibit your access to the Site.
You hereby acknowledge that any violation of any of our policies may result in termination of your access to our Website, deactivation or deletion of your account and all related information and files in your account, and preclusion of any further access to such files or our Websites, without prior notice.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Binding Agreement, Copyright and Trademarks, No Warranty, Limitation on Liability; Limited Remedies, Indemnity, Governing Law; Jurisdiction, Privacy and Complete Agreement.
The Centre, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), reserves the right, but not the obligation, to terminate your right and license to use the Site if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. The Centre accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), the Centre has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to the Centre in a written complaint that complies with the requirements below and is delivered to our designated agent to receive notification of claimed infringement:
Kabbalah Centre International
1100 S. Robertson Blvd.
Los Angeles, CA 90035
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:
i. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.
iii. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
iv. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.
v. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
Last Updated: August 31, 2011