Terms of Use

Welcome to the Chakras website (the “Site”) owned and operated by Chakras (“Company” or “us” or “we”).

It is important to us that you, and our other visitors, have the best possible time while using our Site, and that when you use this Site you are fully aware of our respective legal rights and obligations. For that reason, we have created these Terms of Use as the legally binding terms to govern you and your relationship with us while on this Site and in connection with your use of this Site, and are legally binding on you. Please read these Terms of Use carefully before using the Site, because they affect your legal rights and obligations.

Your  Acceptance  of  Terms

If you do not agree with any of these Terms of Use please do not use this Site, because by using this Site you will be deemed to have irrevocably agreed to these terms.

Please note that these Terms of Use may be revised and reissued without notice at any time by updating this posting. You should visit this page regularly to review the current Terms of Use, since your continued use of the Site will be deemed as irrevocable acceptance of any revisions. These Terms of Use were last updated on April 6, 2010.

How  to  Contact  Us

This Site is controlled and operated by Chakras. Please send any comments or complaints to feedback@Chakrasspa.com. Please send any questions regarding privacy to privacy@Chakrasspa.com.

Online  Privacy  Notice

Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used at this site. That Privacy Policy forms part of these Terms of Use.

Trademarks  and  Copyrights

This Site and all materials incorporated by Chakras on this Site (“Material”) are protected by copyrights, patents, trade secrets or other proprietary rights (“Copyrights”). Some of the characters, logos or other images incorporated by Chakras on this Site are also protected as registered or unregistered trademarks, trade names and/or service marks owned by Chakras or others (“Trademarks”). Chakras respects the intellectual property rights of others and asks users of this Site to do the same.

Your  Use  of  Material

Your right to make use of this Site and any Material or other content appearing on it is subject to your compliance with these Terms of Use. Modification or use of the Material or any other content on this Site for any purpose not permitted by these Terms of Use may be a violation of the Copyrights and/or Trademarks and is prohibited.

You may access and display Material and all other content displayed on this Site for non-commercial, personal, entertainment use on a single computer only. The Material and all other content on this Site may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by us. Any authorization to copy Material granted by us in any part of this Site for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material or other content displayed on this Site on any other web site or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.

Disclaimer  of  Warranties

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. Chakras AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN CHAKRAS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CHAKRAS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CHAKRAS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT CHAKRAS’S WEB SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CHAKRAS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN CHAKRAS OR ANY SITES LINKED TO CHAKRAS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. CHAKRAS MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN CHAKRASWILL NOT INFRINGE THE RIGHTS OF OTHERS AND CHAKRAS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF CHAKRAS. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Limitation  of  Liability

CHAKRAS DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNATIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, CHAKRAS OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON CHAKRAS, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF CHAKRAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT COMPANY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Forums

THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES OR OTHER FORUMS ON THIS SITE (“FORUMS”) ARE NOT NECESSARILY THOSE OF COMPANY OR ITS AFFILIATED OR RELATED ENTITIES OR CONTENT PROVIDERS. COMPANY DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF COMPANY. CHAKRAS MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN ITS SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.

Submissions,  Postings  and  Emails

In any event, any material you send to us will not be treated as confidential.

Please act responsibly when using this Site. You may only use this Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this Site. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by Company) or privately transmitted on or through this Site are the sole responsibility of the sender, not Chakras, and that you are responsible for all material you upload, post or otherwise transmit to or through this Site.

We require that you do not post e-mails or submit to or publish through Forums or otherwise make available on this Site any content, or act in a way, which in our opinion:

(a) libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;

(b) infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;

(c) violates any law or may be considered to violate any law;

(d) transmits information that is restricted under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);

(e) advocates or promotes illegal activity;

(f) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;

(i) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on this Site;

(j) solicits funds, advertisers or sponsors;

(k) includes programs which contain viruses, worms and/or ‘Trojan horses’ or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;

(l) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Site;

(m) copies any other pages or images on this Site except with appropriate authority;

(n) includes MP3 format files;

(o) amounts to a ‘pyramid’ or similar scheme;

(p) disobeys any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site; or

(q) contains links to other sites that contain the kind of content, which falls within the descriptions set out at (a) to (o) above.

In addition, you are prohibited from removing any sponsorship banners or other material inserted by Chakras anywhere on this Site (e.g., on any web space made available for your use).

System  Abuse

Without limitation, you agree not to send, create or reply to so called “mailbombs” (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in “spamming”(i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely effect the operation or enjoyment of this Site by any other person.

You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this Site.

Security

Any passwords used for this Site are for individual use only. You shall be responsible for the security of your password (if any). Chakras shall be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Chakras considers insecure, Chakras will be entitled to require this to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) are strictly prohibited. If you become involved in any violation of system security, Chakras reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.

Investigations

Chakras reserves the right to investigate suspected violations of these Terms of Use, including without limitation any violation arising from any submission to any contest or posting or e-mails you make or send to any Forum. Chakras may seek to gather information from the user who is suspected of violating these Terms of Use, and from any other user. Chakras may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Chakras believes, in its sole discretion, that a violation of these Terms of Use has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. Chakras will fully cooperate with any law enforcement authorities or court order requesting or directing Chakras to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS CHAKRAS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY CHAKRAS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY CHAKRAS OR LAW ENFORCEMENT AUTHORITIES.

Service

In order to use this Site, you must obtain access to the World Wide Web and pay any service fee associated with that access. You will need to provide all equipment necessary to connect to the Site on the World Wide Web (including a computer, modem and/or other access devices).

Chakras reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities and services on this Site, with or without notice, and/or to establish general guidelines and limitations on their use.

Local  Regulations

Chakras makes no representation that Materials or other content in the Site are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Site from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.

Indemnity

You agree to indemnify and hold harmless Chakras and its officers, directors, employees, agents, distributors and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney’s fees, resulting from your breach of any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto Chakras’s servers, and/or from any and all use of your account.

Our  Use  of  Content

Chakras will consider anything you provide to Chakras and/or contribute to this Site as available for our use free of any obligations to you except with respect to the Contest Rules.

Subject to the provisions of the Contest Rules, by posting or uploading any content to this Site and/or providing any communication or material to Chakras (“User Content”), you automatically and irrevocably: (a) grant and assign to Chakras any and all rights in the User Content throughout the world including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by Chakras and/or by any entity or person authorized by Chakras, by any means and in all media now known or hereafter devised without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity; (b) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted; (c) appoint Chakras as your agent with full power to enter into any document and/or do any act Chakras may consider appropriate to confirm the grant and assignment, consent and waiver set out above; (d) warrant that you are the owner of the User Content and entitled to enter into these Terms of Use; (e) confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that Chakras shall not be liable for any use or disclosure of such User Content.

Third-Party  Sites

This Site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Chakras and you acknowledge that (whether or not such sites are affiliated in any way with Chakras) Chakras is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by Chakras or any association with its operators.

Chakras cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from the Site since other shop channels are owned and operated by independent retailers. Chakras does not endorse any of the merchandise, nor has Chakras taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. Chakras does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.

Proprietary  Online  Services

Any area of this Site that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such proprietary online service.

Jurisdictional  Issues

The Materials and all other content in this Site are presented solely for the purpose of providing entertainment and information and promoting children’s artwork available in the United States, its territories, possessions, and protectorates. The Site is controlled and operated by Chakras from its offices within the State of Virginia, United States of America.

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of Virginia, as they are applied to agreements entered into and to be performed entirely within Virginia. Any action you, any third party or Chakras may bring to enforce these Terms of Use or, in connection with any matters related to the Site shall be brought only in either the State or Federal Courts located in Fairfax County, Virginia, and you expressly consent to the jurisdiction of said courts.

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.

Claims  of  Infringement

If you believe that any content appearing on this Site infringes your copyright rights, we at Chakras want to hear from you. Please forward the following information in writing to us at the address listed below.

(a) your name, address, telephone number, and e-mail address;

(b) a description of the copyrighted work that you claim has been infringed;

(c) the exact URL or a description of each place where alleged infringing material is located;

(d) a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;

(e) your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and

(f) a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

feedback@chakrasspa.com

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Chakras seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in USC section 512(c) or elsewhere.

Miscellaneous

There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Chakras and you. These Terms of Use contain the entire agreement between you and Chakras regarding your use of the Site and supersedes all prior oral or written understandings and agreements relating thereto. The failure of Chakras to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. Chakras may assign its rights under these Terms of Use to any party without your consent. The rights under these Terms of Use shall inure to the benefit of Chakras, its successors and assigns. You may not assign, convey, or delegate your rights, duties, or obligations hereunder. If any provision of these Terms of Use is held invalid, the remainder of these Terms of Use shall continue in full force and effect. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.