Effective date: JULY 14, 2022
Please read these Terms of Use carefully before using any Mydairycare services.
By accessing or using any of our Services (as defined below) or by clicking a box that states that you
accept or agree to these Terms of Use, you signify your agreement to these Terms of Use and to our
collection, use, disclosure, and handling of information as described in our Privacy Policy
. If you do not
agree to these Terms of Use and Privacy Policy, you may not use Services.
Mydairycare (also known within this document as “Conscious Content Media”, “we”, or “us”) endeavours
to provide a safe and friendly educational environment for its users. Our Services include our mobile
applications, our website (“Sites”), Products and other features, content and functionality offered by us
from time to time in connection with our Sites. All references to “you” or “your” mean the person who
accesses, and/or uses the Services in any manner, and their heirs, successors, and assigns.
IMPORTANT NOTICE: DISPUTES ABOUT THESE TERMS ARE SUBJECT TO BINDING ARBITRATION
AND A WAIVER OF CLASS ACTION
RIGHTS AS DETAILED IN THE “CLASS ACTION WAIVER AND ARBITRATION” PROVISIONS BELOW IN SECTION 6.2.
The Terms of Use of this agreement govern the relationship between you and Conscious Content Media regarding
your use of Conscious Content Media’s mobile applications, educational content, games, related services, and
Conscious Content Media’s websites, including (together, “Services”). The Terms of Use also apply to any
free trial of a Conscious Content Media Premium Service.
IF YOU ARE A PARENT OR GUARDIAN AND YOU ALLOW YOUR CHILD TO USE THE SERVICES,
YOU AGREE TO BE BOUND BY THESE
TERMS OF USE IN RESPECT OF THEIR USE OF THE SERVICES. IF YOU ARE A SCHOOL OFFICIAL AND PROVIDE YOUR
CONSENT
TO A CHILD’S REGISTRATION WITH THESE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF THEIR
USE
OF THE SITE, THAT YOU ARE AUTHORIZED TO DO SO, AND THAT YOU ARE IN COMPLIANCE WITH THE FAMILY
EDUCATIONAL
RIGHTS AND PRIVACY ACT (FERPA).
If you consent in accordance with the, your use of the Mydairycare Messaging Terms &Conditions
Services is also governed by those Terms &Conditions and you agree to receive recurring automated
promotional and personalized marketing text (e.g., SMS and MMS) messages from Mydairycare unless
you
opt-out.
“Account Fee” – is a fee for any Product or Service associated with a user
Account including but not limited
to Subscription Fees for access to Premium Services.
“Account Owner” – is a parent or guardian who has created an account on https://mydairycare.com
and/or
Conscious Content Media's mobile applications, which may be used by a child. Account Owners have access to
varying levels of functionality and content, depending on subsequent in-app purchases made by the Account
Owners.
“Activity Kit” – refers to a collection of games, toys, stickers, and other hands-on
activities, purchased on
a subscription basis together with access to Conscious Content Media's Premium Services, physically packaged
together and mailed to an Account Owner on a periodic basis, according to subscription terms.
“Member” – is an Account Owner who has an active subscription to access Conscious Content Media's Premium
Services.
“Membership” – is a membership of a Member who has subscribed to Conscious Content Media's Premium Services.
“Parent” – is an Account Owner that is a parent or legal guardian.
“Postings” – text, messages, ideas, concepts, suggestions, stories, screenplays, treatments, formats,
artwork, photographs, drawings, videos, audio-visual works, musical compositions, sound recordings,
characterizations, your and/or other persons' names, likenesses, voices, usernames, profiles, actions,
appearances, performances and/or other biographical information or material, and/or other similar materials
that you submit, post, upload, embed, display, communicate or otherwise distribute through the Site’s Art
Space Feature.
“Products” – tangible items, including Activity Kits, which may be purchased on Conscious Content Media’s
websites and/or mobile applications, and as available through other channels and retailers.
“Premium Services” – collectively, Conscious Content Media's mobile applications, educational content,
Products, games, related services, and areas of Conscious Content Media's websites accessible only by Member
Account Owners.
“Services” – collectively, Conscious Content Media’s mobile and web applications, educational content,
Products, games, related services, and Conscious Content Media’s websites.
“Sites” – Conscious Content Media’s mobile applications and its website.
“Subscription Fee” – is a fee for access to Premium Services available only to Members.
“You” – in reference to you as the Account Owner and your Child, whom you have granted access to the
Services.
By using Services (including through a free trial period) you: (1) agree to be bound by these Terms of Use;
(2) agree to our privacy policy, which is located at https://vdyavyukta.com/privacy
-policy
and is
incorporated here by reference; and (3) agree to be bound by other policy and legal notices that may be
posted on the Services from time to time. The legally binding Terms of Use set out your rights, obligations,
and restrictions regarding your use of our Services. If you do not agree to the Terms of Use and Privacy
Policy, do not use the Services.
In order to participate in certain Services, you may be required to download content, software, and/or
required to agree to additional Terms of Use. Unless otherwise expressly set forth in any such additional
Terms of Use applicable to the specific Services in which you choose to participate, those additional Terms
of Use are incorporated into this Agreement. YOU MUST BE A PARENT OR LEGAL
GUARDIANTO USE OUR SERVICES; BY
AGREEING TO THE TERMS OF USE AND PRIVACY POLICY, YOU AGREE TO BE BOUND BY THESE TERMS OF USE IN RESPECT
OF
YOUR CHILD’S USE OF THE SERVICES.
If you are under the age of 13, you must have legal parental or guardian permission to use our Services. Account Owners may only register their own children. Account Owners affirm that any child user associated with their account possesses legal
parental or guardian permission to use the Services. Account Owners affirm that they have read and accepted these Terms of Use and the Privacy Policy, and are fully able and competent, and in fact do, to enter into the Terms of Use, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement. If you believe that a child under 13 may have provided us personal information without adequate consent, please contact us at mydairycare.com .
Conscious Content Media may, from time to time, modify these Terms. We, therefore, reserve the right, at our
discretion, to change, modify, add, or remove portions of these Terms of Use at any time by posting the
amended Terms of Use on or within the Services or other notice in our discretion or required by law. The
updated Terms of Use will take effect after their posting and will apply on a going-forward basis, unless
otherwise provided in a notice to you or as required by applicable law, and except as provided in the
Mandatory Arbitration and Class Action Waiver Section 6.2 of these Terms of Use. You will be deemed to have
accepted such changes to the Terms of Use by continuing to use any of our Services. Conscious Content Media
may also revise other policies, codes or rules at any time, and the new versions will be available at or
within our Services.
If at any point you do not agree to any portion of the then-current version of our Terms of Use or Privacy
Policy, or any other Conscious Content Media policy, your license to use the Services shall immediately
terminate and you must immediately stop using our Services.
To the extent the Terms of Use or Privacy Policy conflict with any other Conscious Content Media policy,
rules or codes of conduct, the terms and conditions contained in these Terms of Use and Privacy Policy shall
govern.
Subject to your agreement and continuing compliance with these Terms of Use and any other relevant Conscious Content Media policies, Conscious Content Media grants you a non-exclusive, non-transferable, revocable limited license subject to the limitations in Section 1 to access and use the Services for your own non-commercial purposes.
You must provide all equipment and software necessary to connect to the Services, including, but not limited to, a mobile device that is suitable to connect with and use the Services, in cases where the Services offer a mobile component. You are responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Services.
When creating or updating an account, you may be asked to provide Conscious
Content Media with certain
personal information, which will be subject to our Privacy Policy
. You agree
that you will supply accurate
and complete information to Conscious Content Media and that you will update that information promptly after
it changes. You agree you will not share your login information (including your password) with anyone else
and you will notify us if you suspect there has been unauthorized access to your account.
When creating or updating an account, you may be asked to provide Conscious Content Media with certain
personal information, which will be subject to our Privacy Policy. You agree that you will supply accurate
and complete information to Conscious Content Media and that you will update that information promptly after
it changes. You agree you will not share your login information (including your password) with anyone else
and you will notify us if you suspect there has been unauthorized access to your account.
loss, damages, liability, expenses, or attorneys’ fees that you may incur because of
someone else using your
password or account, either with or without your knowledge and/or authorization, and regardless of whether
you have or have not advised us of such unauthorized use. You will be liable for losses, liability, damages,
expenses, and attorneys’ fees incurred by Conscious Content Media or a third party due to someone else using
your account.
Conscious Content Media reserves the right to remove or reclaim any usernames at any time and for any
reason, including but not limited to claims by a third party that a username violates such third party’s
rights.
Conscious Content Media may charge an Account Fee or Subscription Fee for access to certain Services. All fees are payable in accordance with payment terms in effect at the time when the fee becomes payable. Please note that we do not provide price protection or refunds in the event of a price drop or promotional offering.
You must provide accurate and complete information for a valid payment method that you are authorized to use (such as a credit card, payment via the App Store, or other payment method accepted by us to activate and maintain an account). You authorize Conscious Content Media to charge you through the payment method that you use when you register for access to Premium Services. You are also responsible for charges for any Products or Services ordered through your account that are offered for sale through our Sites or Services. If we do not receive payment via your payment method, you agree to pay all amounts due hereunder upon our demand and will be solely responsible for any dispute with your payment provider. If the payment method you provide is initially declined for any reason, we reserve the right to charge the payment method (credit card or other accepted mechanism) in installments, at the non-promotional/non-discounted rate that is in place at the time, for the full duration of the subscription that you have selected. You bear sole responsibility for all overdraft fees or other penalties that may be assessed by your payment provider. You are responsible for any use of your credit card or other payment instrument (e.g. PayPal).
If you purchase a recurring subscription, you are subscribing to an automatically renewing subscription requiring recurring payments at the stated frequency (e.g., monthly or annual) until cancelled. You will be charged your first subscription fee and any applicable taxes on the date you purchase your subscription or after your free trial ends. Your subscription will automatically continue at the selected interval, and you will continue to be charged at the then-current price (including any applicable taxes), unless at least 24 hours prior to the end of the current subscription period: (a) you terminate your account; (b) you cancel your subscription (as described below); (c) we decline to renew your subscription; or (d) these Terms are otherwise properly terminated as expressly permitted herein. The Subscription Fee is non-refundable except as expressly set forth in these Terms of Use or in accordance with applicable law. If any subscription fee is not paid in a timely manner, or your transaction cannot be processed, we reserve the right to suspend, disable, cancel or terminate your access to the Premium Services or cancel your Subscription. You will be responsible for paying all past due amounts.
Subscriptions purchased inside the Conscious Content Media app—not on Conscious Content Media’s website—are managed directly by the applicable App
Store. You should consult with the appropriate App Store to determine if the price charged includes all applicable taxes and currency exchange settlements. You are solely responsible for paying such taxes or other charges. Conscious Content Media relies on the App Store to collect subscription fees, manage the subscription, and to report on the status of subscription accounts that have been purchased from within the app. Conscious Content Media does not have the ability to manage any aspect of an App Store subscription on your behalf, including, but not limited to, initiating, cancelling, or refunding subscriptions.
When you cancel a subscription, you cancel only future charges associated with your Subscription. You may initiate your cancellation at any time, but the cancellation will become effective at the end of your current subscription period. In order to avoid future charges, you must cancel your subscription at least 24 hours prior to the end of your current subscription period. You may cancel your subscription by visiting our website at learn with Mydairycare.com. If you are not already logged in, click or tap the blue "Log In" button, and enter the email address and password associated with your Mydairycare membership. Under "Membership", tap "cancel membership" or, for subscriptions purchased through a third party App Store or platform, through that third party. After cancelling a subscription, you will continue to have access to Premium Services for the interval of time that has already been prepaid. Conscious Content Media does not provide full or partial refunds for prepaid subscription intervals, regardless of duration. Conscious Content Media does not accept returns of Products purchased under a subscription plan.
EXCEPT AS OTHERWISE STATED HEREIN OR REQUIRED BY APPLICABLE LAW, YOUR SUBSCRIPTION FEE IS NONREFUNDABLE and if you cancel your subscription, you will not receive any refund and you will continue to have access to the Premium Services. We reserve the right to issue refunds, credits, or discounts at our sole discretion. If we issue a refund, credit, or discount, we are under no obligation to issue the same or similar refund in the future
We may offer promotional trial subscriptions to obtain a Membership on a trial
basis or access Services for
free or at promotional rate, as well as referral discounts or similar free access to Member benefits when
you refer a new user(s).
similar free access to Member benefits when you refer a new user(s).
If your subscription includes a free trial, you will not be charged the applicable fee during your free
trial. To obtain the free trial, you will be required to provide a credit card or other payment method in
order to ensure uninterrupted access and continued use after the expiration of the free trial. Upon
completion of your free trial, your subscription will automatically convert into a paid subscription and
your payment method will be charged the applicable fee unless you have cancelled your subscription. You may
cancel your subscription during your free trial to avoid being charged as described above.
If your subscription includes a promotional rate, you will be charged the promotional rate for the relevant
number of billing periods and upon completion of that period, your subscription will continue to
automatically renew at the full rate.
You may only be permitted to use one free trial or discounted price offer. If your subscription is ever
cancelled or terminated for any reason, and you purchase an
additional subscription, you may not be eligible for a free trial or to take advantage of another discounted price offer.
We may terminate your subscription at our sole discretion and without any notice. If we cancel your subscription, we may give you a prorated refund based on the amount of time remaining that you cannot use; provided, however, that we will not be obligated to grant you a refund if we terminate your account or your subscription because we determine, in our sole discretion, that your actions or your use of the Services violate these Terms of Use, any applicable law, or has harmed another user.
We may change the subscription terms or Subscription Fees at any time on a going forward basis in our discretion. If the pricing for your subscription increases, we will notify you, and provide you an opportunity to change your subscription before applying those changes to your account or charging you in connection with an automatic renewal. We may choose in our sole discretion to add, modify, or remove benefits and features from a subscription. Your continued use of the Service after the changes become effective will constitute your acceptance of the changes. If you do not wish to continue subscribing with the new fees or features, you may cancel your subscription. If you accept the new subscription, its terms and conditions will apply for that renewal and all renewals going forward
A Lifetime Membership allows you to access Mydairycare Learn &Grow for up to 4 child profiles until cancelled and for as long as the service is available and supported by us. The lifetime membership applies only to Mydairycare Learn &Grow and does not extend to any future services that may be developed or other components of the Services. We reserve the right to revise the terms or make changes to Mydairycare Learn &Grow and the lifetime membership. If your membership or account is cancelled or terminated for any reason, you will lose your lifetime membership, although you may be able to re-subscribe at the then-current rate for a specified period of time. You may not assign, transfer, or resell your lifetime membership to any other person or entity. We make no warranties or representations as to the expected lifetime of Mydairycare Learn &Grow, and in purchasing a lifetime membership, you acknowledge and agree that Mydairycare Learn &Grow could change or terminate in the future.
You are granted the revocable, non-transferable right and license to use the Services, including Conscious Content Media educational content, Products, and games, for your private, non-commercial use. Any use of our Services in violation of the License Limitations defined in this Section is strictly prohibited, can result in the immediate revocation of your limited license granted by Section 1.6, and may subject you to liability for violations of law. Any attempt by you to disrupt or interfere with the Services including undermining or manipulating the legitimate operation of any Conscious Content Media content is a violation of Conscious Content Media policy and may be a violation of criminal and civil laws.
• - Access the Services without permission of a parent or legal guardian, if you are under the age of 13; to the extent applicable, you shall not create an account for the Services if you under the age of 18;
• - Fail to monitor your account to restrict use by minors. You accept full responsibility for unauthorized use of the Services, including by minors, in connection with your account;
• - Have an account or use any of the Services if you have previously been removed by Conscious Content Media or previously been banned from accessing any of our Services;
• - Create an account or use any of the Services if you are a convicted sex offender;
• - Use the Services, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;
• - Post any content or information that is abusive, threatening, obscene, defamatory, libellous, or racially, sexually, religiously, or otherwise objectionable or offensive or harasses, abuses, or threatens another person or is false or misleading;
• - Make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person
• - Post or do anything that could disable, overburden, or impair the proper working of the Services, including make available any material that contains any virus, malware, software lock, worm, Trojan horse, trap door, or similar material.
• - Without Conscious Content Media’s express written consent, use the Services or any part thereof for any commercial purpose, such as benchmarking;
• - Use your account to advertise, solicit, or transmit commercial advertisements or unauthorized communications through the Services, including junk mail, chain letters, spam, repetitive messages and any materials that promote malware, spyware and downloadable material;
• - Interfere or attempt to interfere with the proper functioning of the Services or connect to or use the Service in any way not expressly permitted by these Terms of Use, such as posting or doing anything that could disable, overburden, or impair the proper working of the Services, including making available any material that contains any virus, malware, software lock, worm, Trojan horse, trap door, or similar material;
• - Copy, modify or distribute rights or content from any Services or Conscious Content Media’s copyrights or trademarks or use any method to copy or distribute the content of the Services except as specifically allowed in these Terms of Use.
All necessary photo, journalistic, and/or artistic credits are named in the Terms of Use on our website.
Without limiting any other remedies, Conscious Content Media may limit, suspend, terminate, modify, or delete
accounts or access to the Services or portions thereof if you are, or if Conscious Content Media suspects
that you are, failing to comply with any of these Terms of Use or for any actual or suspected illegal or
improper use of the Services, with or without notice to you. Without limiting our other remedies, Conscious
Content Media may limit, suspend or terminate any part of our Services and Accounts or portions thereof,
prohibit access to our Sites and their content, and take technical and legal steps to prevent users from
accessing our Services if we believe that they are creating risk or possible legal liabilities, infringing
the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our
Terms of Use or policies. Additionally, Conscious Content Media may, in appropriate circumstances and at our
sole discretion, suspend or terminate Accounts of users who may be repeat infringers of third party
intellectual property rights.
Termination of your account can include disabling your access to the Services or any part thereof including
any content you submitted. You may also lose access to Products associated with your account.
You may cancel any account registered to you at any time by following the instructions here
.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in an account, and you further acknowledge and agree that all rights in and to an account are and shall forever be owned by and inure to the benefit of Conscious Content Media.
Generally, accounts created with Conscious Content Media will be considered active until we receive an Account Owner request to deactivate or delete them; we also reserve the right to terminate any account that has not been accessed for 180 days.
The Services will often have hyperlinks to third party sites and may display content and other information from third party sites (“Third Party Content”). Conscious
Content Media does not verify, endorse, or take responsibility for the accuracy,
currency, completeness or
quality of Third Party Content. Your interactions with such third parties will be governed by the third
parties’ own terms of service and privacy policies, and any other similar terms. Furthermore, Conscious
Content Media is not responsible for the quality or delivery of the products or services offered, accessed,
obtained by or advertised at such sites. Conscious Content Media and its subsidiaries and affiliates are not
responsible for any errors or omissions or for the results obtained from the use of such information
contained in Third Party Content.
The appearance of external hyperlinks and/or postcards generated by third parties does not constitute
endorsement by Conscious Content Media, its subsidiaries and affiliates of the opinions or views expressed
by these third party websites.
Finally, Conscious Content Media will under no circumstances be liable for any direct, indirect, incidental
or special loss or other damage, whether arising from negligence, breach of contract, defamation,
infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or
exploitation of any information or content contained within these third party hyperlinked sites.
Conscious Content Media may reject, refuse to post or delete any Posting for any or no reason, including, but not limited to, Postings that in the sole judgment of Conscious Content Media may violate these Terms of Use. By providing Postings through our Services, you are granting to Conscious Content Media an irrevocable, world-wide, perpetual, royalty-free, non-exclusive, license to copy, distribute, publicly perform, modify, edit, reproduce, adapt, prepare derivative works or otherwise use such content, with the right to sublicense.
Please be advised that Postings do not necessarily reflect the views of Conscious Content Media. In no event
shall Conscious Content Media assume or have any responsibility or liability for any Postings or for any
claims, damages or losses resulting from their use and/or appearance on this Site. You hereby represent and
warrant that you have all necessary rights in and to all Postings you provide and all information they
contain and that such Postings shall not infringe any proprietary or other rights of third parties or
contain any libellous, tortious, or otherwise unlawful information.
Without limiting the foregoing, Conscious Content Media will have the right to use and change the Postings
in any manner that Conscious Content Media may determine.
Additionally, Conscious Content Media may or may not monitor and sweep Postings periodically in its sole
discretion. Conscious Content Media does not allow Postings which contain:
• - profanity or obscenities;
• - personal attacks on other individuals;
• - photographs, drawings, video, music, or any other content which infringes the intellectual property rights of any third party;
• - slanderous, defamatory, obscene, pornographic, threatening and harassing comments; and/or other information that Conscious Content Media deems in its sole discretion to be inappropriate for its Site.
Although Conscious Content Media may periodically monitor the Postings, we have no legal obligation to do so and we cannot be responsible for the views or opinions
expressed by third parties. Conscious Content Media reserves the right to refuse to post, edit, or delete any Postings, including those that violate the above-referenced rules, as well as revoke the privileges of users who do not comply with such rules. By entering into these Terms of Use, you hereby provide your irrevocable consent to such monitoring.
If you believe that any content on our Services (including, without limitation, Postings) violates any of the Terms of Use (except for any notices covered by Section 3 Copyright Notices/Complaints ) please send us a message about it (please refer to Section 3 Copyright Notices/Complaints for how to send us a notice regarding copyright issues ). We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.
Your information, and the contents of all of your online communications (including without limitation, IP addresses and your personal information), may be accessed and monitored as necessary to provide the Service, in a good faith belief that such access, preservation, or disclosure is permitted by Mydairycare Privacy Policy , or may be disclosed for any of these reasons: (i) when we have a good faith belief that we are required to disclose the information in response to legal process (for example, a court order, search warrant, or subpoena); (ii) to satisfy any applicable laws or regulations; (iii) where we believe that our Services are being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection, spam/malware prevention, and credit risk reduction; (iv) when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of Conscious Content Media, including to enforce these Terms of Use. Use of the Services constitutes your consent to such monitoring, access, and disclosure.
From time to time, we may feature certain promotions or contests that allow you to post your child’s artwork or other content on our Sites. Participating in these promotions or contests is at your sole discretion. Except as otherwise described in these Terms of Use and in our Privacy Policy , you agree that your content will be treated as non-confidential and non-proprietary and will not be returned. When submitting content to us, you grant to us the non-exclusive, worldwide, irrevocable, perpetual, and cost-free right to use, copy, distribute, sell, display, transmit, publish, make derivative works of, and otherwise use your submitted content, for any purpose. You also grant us, and agree to grant us, the unconditional, perpetual, irrevocable right to make full use of and benefit from your name, persona and likeness in connection with any submitted content. Except as prohibited by law, you hereby waive any moral rights (including attribution and integrity) that you may have in any submitted content. You understand that you will not receive any payment or consideration for any of the rights granted in this Section.
It is Conscious Content Media’s policy to respond to notices of alleged copyright
infringement that comply
with the Digital Millennium Copyright Act (“DMCA”).
In accordance with the Digital Millennium Copyright Act of 1998,
Conscious Content Media will respond
promptly to claims of copyright infringement that are reported to our Designated Copyright Agent in this
form:
(1) Identify the copyrighted work that you claim has been infringed, or provide a comprehensive list of the copyrighted works that you claim have been infringed.
(2) Identify the material that you claim is infringing (or to be the subject of infringing activity) 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, including, if applicable, the URL of the link or a specific description of where the
material may be found.
(3) Provide your mailing address, telephone number, and, if available, email address.
(4) Include both of the following statements in the body of the Notice:
• (a) “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
• (b) "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
(5) Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to Conscious Content Media’s Designated Copyright Agent at
Mydairycare.com or Madhav Niwas, Nitish Path, Kurthoul, Patna 804453.
Conscious Content Media reserves the right to terminate without notice any user’s access to any of the
Services if that user is determined by Conscious Content Media, in its sole discretion, to be a "repeat
infringer." In addition, Conscious Content Media accommodates and does not interfere with standard technical
measures used by copyright owners to protect their materials.
Conscious Content Media may require that you accept updates to the Service and to Conscious Content Media’s content you have installed on your computer or mobile device. You acknowledge and agree that Conscious Content Media may update the Service with or without notifying you.
THE SITES AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Conscious Content Media is not responsible or liable for functions or features that are interrupted, unsecure, or contain errors. We do not warrant that defects will be corrected. We are not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of these Sites or with respect to the information and material contained on these Sites. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Conscious Content Media, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT
BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES), THAT MAY RESULT FROM THE USE OF OR IN CONNECT WITH, OR THE INABILITY TO USE, THE MATERIALS, INFORMATION, OR ANY LINK PROVIDED ON THE SERVICES. Notwithstanding the foregoing, in no event shall Conscious Content Media’s liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing the Sites. If you are a California resident, you hereby waive California Civil Code §1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." This release includes the criminal acts of others. If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages such as above in Section 5.1. Accordingly, some of the above limitations may not apply to you. If you are a New Jersey resident, or a resident of another state that permits the exclusion of these warranties and liabilities, then the limitations in Section 5.1 specifically do apply to you.
You agree to indemnify, defend and hold harmless, Conscious Content Media, its affiliates, and their
respective officers, directors, employees, agents, licensors, representatives, and third party providers to
the Sites from and against all losses, expenses, damages and costs, including reasonable attorneys' fees,
resulting from any violation of these Terms of Use by you. Conscious Content Media reserves the right to
assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by
you, in which event you will fully cooperate with Conscious Content Media in asserting any available
defenses.
You agree that the provisions in this paragraph will survive any termination of your account(s) or of the
Service.
You and Conscious Content Media agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or the Service (“Claim”) in accordance with Subsection 6.2 or as Conscious Content Media and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR
RIGHT TO FILE A LAWSUIT IN
COURT.
6.2.1 Application. You and Conscious Content Media agree that these Terms affect interstate commerce and
that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
This Section 6.2 is intended to be interpreted broadly and governs any and all disputes between us including
but not
limited to claims arising out of or relating to any aspect of the relationship
between us, whether based in
contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these
Terms or any prior agreement (including, but not limited to, claims related to product availability,
purchases, and advertising); and claims that may arise after the termination of these Terms. The only
disputes excluded from this broad prohibition are the litigation of certain intellectual property and small
court claims, as provided below.
6.2.2. Initial Dispute Resolution. Most disputes can be resolved without resort to arbitration. In the event
of a possible claim, a party must first send to the other, by certified mail, a written Notice of Dispute
("Notice") describing (a) the nature and basis of the claim or dispute; and (b) the specific relief sought
(“Demand”). The Notice to Conscious Content Media should be addressed to: Madhav Niwas, Nitish Path,
kurthoul, Patna 804453.
Except for intellectual property and small claims court claims, the parties agree to use their best efforts
to settle any dispute, claim, question, or disagreement directly through consultation with Conscious Content
Media , and good faith negotiations shall be a condition to either party initiating a lawsuit or
arbitration. Failure to engage in this process could result in the award of fees against you in arbitration.
6.2.3 Binding Arbitration. If the parties do not reach an agreed-upon solution within a period of thirty
(30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution
provision above, then either party may initiate binding arbitration as the sole means to resolve claims,
(except as provided in section __ below) subject to the terms set forth below. Specifically, all claims
arising out of or relating to these Terms (including the Terms’ formation, performance, and breach), the
parties' relationship with each other, and/or your use of the Services or any services provided by Conscious
Content Media shall be finally settled by binding arbitration administered by JAMS in accordance with the
JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS
Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the
arbitration is initiated, excluding any rules or procedures governing or permitting class or representative
actions. If your Claim is for $10,000 or less, we agree that you may choose whether the arbitration will be
conducted solely on the basis of documents submitted to the arbitrator, by telephone, or by an in-person
hearing as established by the rules of the arbitration administrator. The amount of any settlement offer
made by Conscious Content Media or you shall not be disclosed to the arbitrator until after the arbitrator
determines the amount, if any, to which you or Conscious Content Media is entitled. Any failure or other
delay by either party in enforcing this Section at any time, or in connection with any particular claims,
will not constitute a waiver of any rights to require arbitration at a later time or in connection with any
other claims. Decisions rendered in arbitration proceedings will be final and binding on the parties. There
shall be no appeal from arbitration decisions other than for arbitrator bias, fraud or misconduct and any
award granted in arbitration will be enforceable by any court having jurisdiction as provided by the FAA
and/or other applicable law.
6.2.4 Arbitrator’s Powers. Except as explicitly set forth in this Section 6.2, the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms including but not limited to any claim that all or any part of these Terms is void or voidable, whether a claim is
subject to arbitration, and any dispute regarding the payment of
JAMS administrative
or arbitrator fees
(including the timing of such payments and remedies for non-payment). The arbitrator shall be empowered to
grant whatever relief would be available in a court under law or in equity. The parties agree that the
arbitrator may allow the filing of dispositive motions if they are likely to efficiently resolve or narrow
issues in dispute. The arbitrator's award shall be written and shall be binding on the parties and may be
entered as a judgment in any court of competent jurisdiction. No arbitration award or decision will have any
preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the
arbitration.
The rules governing the arbitration may be accessed at www.jamsadr.org or by calling JAMS at (800) 352-5267.
If you commence arbitration in accordance with these Terms, you will be required to pay $250 to initiate the
arbitration. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, the
arbitrator may require Conscious Content Media to pay the additional cost. You are responsible for your own
attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise. If the arbitrator
finds the arbitration to be non-frivolous, Conscious Content Media will pay all of the actual filing and
arbitrator fees for the arbitration, provided your claim does not exceed $75,000. For claims above $75,000,
fees and costs will be determined in accordance with applicable JAMS rules. The arbitration rules permit you
to recover attorney’s fees in certain cases. If, however, the arbitrator finds that either the substance of
your claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured
by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will
be governed by the rules of the arbitration administrator. In such case, you agree to reimburse us for all
monies previously disbursed by us that are otherwise your obligation to pay under the rules of the
arbitration administrator.
Any arbitration demand or counterclaim asserted by either party must contain sufficient information to
provide fair notice to the other party of the asserting party’s identity, the claims being asserted, and the
factual allegations on which they are based. The arbitrator and/or JAMS may require amendment of any demand
or counterclaim that does not satisfy these requirements. The arbitrator has the right to impose sanctions
in accordance with JAMS Rule 24 for any claims the arbitrator determines to be frivolous or improper (under
the standard set forth in Federal Rule of Civil Procedure 11).
The parties agree that JAMS has discretion to modify the amount or timing of any administrative or
arbitration fees due under JAMS’s Rules where it deems appropriate, provided that such modification does not
increase the costs to you, and you waive any objection to such fee modification. The parties also agree that
a good-faith challenge by either party to the fees imposed by JAMS does not constitute a default, waiver, or
breach of this Section 14 while such challenge remains pending before JAMS, the arbitrator, and/or a court
of competent jurisdiction.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and
have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed
the costs of litigation and the right to discovery may be more limited in arbitration than in court.
6.2.5 Location. If you are a resident of the United States, arbitration will take place at any reasonable
location within the United States convenient for you, unless you and we both agree to another location or
telephonic arbitration. You and Conscious Content Media agree to submit to the personal jurisdiction of any
federal or state court in New York, New York in order to compel arbitration, stay proceedings
pending arbitration, or to confirm, modify, vacate, or enter
judgment on the award
entered by the arbitrator.
6.2.6 Class Action Waiver. The parties further agree that the arbitration shall be conducted in the party’s
respective individual capacities only and not as a class action or other representative action, and the
parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND
CONSCIOUS CONTENT MEDIA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL
CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If
there is a final judicial determination that applicable law precludes enforcement of this paragraph’s
limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the
arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not
subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies.
6.2.7 Exception: Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the
parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions,
validity determinations or claims arising from or relating to theft, piracy or unauthorized use of
intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office
to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, moral
rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek
relief in a small claims court for disputes or claims within the scope of that court's jurisdiction. Either
party may also seek a declaratory judgment or other equitable relief in a court of competent jurisdiction
regarding whether a party’s claims are time-barred or may be brought in small claims court in your state and
county of residence. Seeking such relief shall not waive a party’s right to arbitration under this
agreement.
6.2.8 30-Day Right to Opt Out. You have the right to opt out and not be bound by the arbitration and class
action waiver provisions set forth above by sending written notice of your decision to opt out to [INSERT]
with the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." The notice must be sent within thirty
(30) days of (a) [Date you post these updated terms]; or (b) your first date that you used the Services that
contained any versions of the Terms that included this version of the mandatory arbitration and class action
waiver, whichever is later. Otherwise you shall be bound to arbitrate disputes in accordance with the terms
of these paragraphs. If you opt out of these arbitration provisions, Conscious Content Media also will not
be bound by them.
6.2.9 Changes to This Section. Conscious Content Media will provide thirty (30) days' notice of any changes
affecting the substance to this section by posting on the Services. Amendments will become effective thirty
(30) days after they are posted on the Services or sent to you by email. If you continue to use the site
after the 30th day, you agree that any unfiled claims of which Conscious Content Media does not have actual
notice are subject to the revised clause. You may reject any such change by sending us written notice within
30 days of the change. By rejecting any future change, you are agreeing that you will arbitrate any dispute
between us in accordance with the language of this Section.
6.2.10 Survival. This Mandatory Arbitration and Class Action Waiver section shall survive (i) any
termination of your use of the Services or changes in, these Terms of Use other than changes to this section
and any relationship between you and us; (ii) the bankruptcy of any party or any other similar proceeding;
and (iii) payment in full
of any debt by you or by a third party. Should any portion of this Section be deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. Any failure or other delay by either party in enforcing this Section at any time, or in connection with any particular Claims, will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims. Decisions rendered in arbitration proceedings will be final and binding on the parties. There shall be no appeal from arbitration decisions other than for arbitrator bias, fraud or misconduct and any award granted in arbitration will be enforceable by any court having jurisdiction as provided by the FAA and/or other applicable law.
You and Conscious Content Media agree that if any portion of these Terms of Use is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Agreement, which shall continue to be in full force and effect.
Under no circumstances shall Conscious Content Media or its sub processors be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.
You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without Conscious Content Media’s prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.
These Terms of Use contain the entire understanding of you and Conscious Content Media and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.
We may notify you via postings or via e-mail. All notices given by you or required from you under these Terms
of Use shall be in writing and addressed to: Mydairycare.com.
Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
You consent to receive notifications from Conscious Content Media electronically and agree that all notices,
disclosures, and other communications that we provide to you electronically satisfy any legal requirement
that such communications be in writing or be delivered in a particular manner. You agree that you have the
ability to store such electronic communications such that they remain accessible to it in an unchanged form.
You agree to keep your contact information current.
Except for residents of New Jersey, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services and/or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
No waiver of any provision of these Terms will be binding unless in writing, no waiver of any provisions of
these Terms will be deemed a further or continuing waiver of such provision or any other provision, and the
failure of Conscious Content Media to exercise or enforce any right or remedy in these Terms does not waive
that right or remedy. If an arbitrator or a court of competent jurisdiction finds any provision of these
Terms to be invalid, the parties agree that the court should endeavour to give effect, to the maximum extent
permitted by law, to the parties’ intentions as reflected in the provision, and the other provisions of
these Terms will remain in full force and effect.
sections of these Terms limit Conscious Content Media’s liability in this regard.
If you have any questions about these Terms of Use, please contact us by email at chiggos.vidavyuktahelp@gmail.com.