Terms of Service
Last Updated: January 28, 2017
Please read the following Terms of Use (“Terms”) carefully before using the Service so that you are aware of your legal rights and obligations with respect to Palmsonntag, Inc. (Hereafter referred to as Palmsonntag)
BY ACCESSING, USING, OR BROWSING THIS WEBSITE OR ANY OF ITS CONTENT, YOU, ON BEHALF OF YOURSELF OR YOUR ENTITY, AS APPLICABLE, ACKNOWLEDGE THAT: (1) YOU HAVE READ AND UNDERSTAND ALL OF THESE TERMS; (2) YOU AGREE TO BE BOUND BY ALL OF THESE TERMS; (3) THESE TERMS ARE THE LEGAL EQUIVALENT OF A SIGNED, WRITTEN CONTRACT BETWEEN YOU AND US; AND (4) IF ACCESSING, USING, OR BROWSING THIS SITE OR ANY OF ITS CONTENT ON BEHALF OF AN ENTITY, YOU HAVE FULL AUTHORITY TO BIND YOUR ENTITY TO ALL OF THESE TERMS.
IF YOU ARE NOT WILLING TO BE, OR CANNOT BE, BOUND BY ALL OF THESE TERMS, INCLUDING WITHOUT LIMITATION, THEN DO NOT ACCESS, USE, OR BROWSE THIS SITE OR ANY OF ITS CONTENT. MOREOVER, WE DO NOT, AND WILL NOT, GRANT YOU ANY RIGHT OR LICENSE TO ACCESS, USE, OR BROWSE THIS SITE OR ITS CONTENT WITHOUT YOUR WILLINGNESS AND ABILITY TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT.
You must exercise caution, good sense, and sound judgment in using this Site. You are prohibited from violating, or attempting to violate, the security of this Site. Any such violations may result in criminal and/or civil penalties against you. We will investigate any alleged or suspected violations, and if a criminal violation is suspected, We will cooperate with law enforcement agencies in their investigations. We explicitly disclaims liability for any and all losses and damages arising from your failure to comply with these Terms. These Terms govern your (i) use of the websites www.palmsonntag.weebly.com, and any other website that operates (each, together with its content and services, the “Site“); and (ii) to the extent that such use is not covered by a separate end user license agreement entered into between you and Palmsonntag, your use of a mobile application(s) that Palmsonntag licenses to you, including without limitation, the SATFlash or ACTFlash Application (each, together with its content and services, an “App“). The Site and App are individually and collectively referred to as the “Service“. In addition to these Terms, access and use of this Site is subject to all applicable laws, statutes, and regulations. We make no representation that materials or content of the Site are appropriate or available for use in all locations worldwide. You are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Access to this Site from jurisdictions where the contents of this Site are illegal or penalized is prohibited.
Consent and Modification. By accessing or using the Service, including without limitation contributing to or viewing the Content (as defined below) therein, you signify your assent to (i) these Terms; (ii) our Privacy Policy (defined below); and (iii) any other legal notices published by us on the Site (collectively the “Site Terms“). The Site Terms apply to all users of the Service. If you do not agree to the Site Terms, then please do not access or otherwise use the Service or any information contained herein. We reserve the right, at our discretion, to change the Site Terms at any time, which change will be effective ten (10) days following posting the revised Site Terms on the Service. Your continued use of the Service ten (10) days following such posting means you will accept those changes.
We hereby grant you permission to use the Service, provided that: (i) you will not copy, distribute or modify any part of the Service without our prior written authorization; (ii) you will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (iii) you will not disrupt servers or networks connected to the Service; (iv) you agree not to (a) use or launch any automated system (including without limitation, “robots” and “spiders”) to access the Service; (b) collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Service; and/or (c) circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Service; (v) you will not use the communications systems provided by the Service to send unauthorized commercial communications; (vi) you will not use the Service for any unlawful, harmful, irresponsible, or inappropriate purpose; (vii) you will not use the Palmsonntag name, logo or trademarks without our prior written consent; and (viii) you comply with these Terms and applicable law.
Intellectual Property Rights. The content on the Service, including without limitation, the text, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, services and User Submissions (collectively, the “Content“) and the trademarks, service marks and logos contained therein (“Marks“), are the property of Palmsonntag and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. We reserve all rights not expressly granted in and to the Service and the Content. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. “Palmsonntag”, the Palmsonntag logo, and other marks are Marks of Palmsonntag or its affiliates. All other trademarks, service marks, and logos used on the Service are the trademarks, service marks, or logos of their respective owners.
Responsibility. The Service may permit the submission, hosting, sharing and publishing of Content by you and other users (“User Submissions“). You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting or publishing them. We have complete discretion whether to publish your User Submissions and we reserve the right in our sole discretion and without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all Content posted on the Service (including User Submissions) at any time and for any reason.
Ownership. You represent and warrant that you own or have the necessary rights and permissions to use and authorize Palmsonntag to use all Intellectual Property Rights in and to your User Submissions, and to enable inclusion and use thereof as contemplated by the Service and these Terms. “Intellectual Property Rights” means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You retain all of your ownership rights in your User Submissions.
License. By submitting any User Submissions to Palmsonntag, you hereby grant Palmsonntag a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of display, and perform the User Submissions in connection with the Service only, including without limitation for redistributing part or all of your User Submissions (and derivative works thereof), and you hereby waive any moral rights in your User Submissions, to the extent permitted by law. You also hereby grant each user of the Service a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all in accordance with these Terms.
Prohibited Content. You agree that you will not display, post, submit, publish or transmit a User Submission that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise inappropriate; (vii) involves theft or terrorism; or (viii) is otherwise malicious or fraudulent.
Exposure. You understand and acknowledge that when accessing and using the Service (i) you may be exposed to User Submissions which are submitted by a variety of sources, and that Palmsonntag is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions; and (ii) you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. You hereby agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Palmsonntag with respect to (i) and (ii) herein.
Modification to/Deletion of a User Submission. You may modify or delete at any time any User Submission that you posted by using the applicable tools provided within the Service.
Spam. You agree not to, and will not, use the communications systems provided by the Service to send unauthorized commercial communications and you shall be solely responsible and liable for any such unauthorized communications.
Disclosure. We reserve the right to access, read, preserve, and disclose any User Submissions (whether published or not) or any other information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce these Terms, including investigation of potential violations of it, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Palmsonntag, its users or the public.
Payments. The Service may include the option to purchase certain products or services from us. If you choose to purchase a product or service from us, you agree (i) that we (or one of our service providers) may charge your credit card for the purchase (including, as applicable, for recurring charges such as monthly or other types of periodic payments) and such other amounts (including any taxes and late fees, as applicable) that may accrue in connection with the purchase; (ii) to only provide valid and current information for (a) yourself; or (b) another person, but only if you have first obtained their express consent to do so; (iii) that we may use the tools, software or services of third-party service providers, including but not limited to the Apple App Store and the Google Play Store to process transactions on our behalf; (iv) that prices for products or services may change at any time; and (v) all purchases are final and non-cancellable or non-refundable. You agree to abide by any relevant legal agreement, whether with any third party service provider or other party, which governs your use of a given payment processing method. You agree to comply with all applicable tax laws, including the reporting and payment of any taxes arising in connection with your purchase of any products or services through the Service.
Links. The Service includes links to third party websites that are not owned or controlled by Palmsonntag and may enable you to post Content to such third party websites. We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of, any third party websites. You acknowledge and agree that you remain solely responsible for any Content that you may post to a third party website. You expressly release Palmsonntag from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to read the terms and conditions and privacy policy of each third party website that you choose to post on or that you otherwise visit.
Promotional Activities. Here at Palmsonntag, we take your privacy seriously and will only use your personal information to administer your account and to provide the products and services you have requested from us. However, from time to time, we would like to contact you with details of other products, offers, and services. You acknowledge and agree that Palmsonntag may send you communications offering or promoting the products or services of Palmsonntag or our partners or affiliates. You consent to us contacting you for this purpose via email, telephone, text message, mobile push notification, or automated call. We would also like to pass your details only other companies, so that they can contact you via email, telephone, text message, mobile push notification, or automated message to offer you with products and/or services they provide. Moreover, you acknowledge and agree that we may pass on your details for similar purposes with any of our existing or future partners and affiliates and that such partners or affiliates may contact you in the same ways, either directly or through the App. Lastly, you agree that your data may be sold to third parties by us or them to use and further resell.
Information Description. We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Service (including, without limitation, any pricing) is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
Privacy. We will use any personal information that we may collect or obtain in connection with the Service in accordance with our privacy policy, which is available at http://www.palmsonntag.weebly.com/privacy.htm (“Privacy Policy“). You agree that we may use personal information that you provide or make available to us in accordance with the Privacy Policy.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU AGREE THAT PALMSONNTAG WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (INCLUDING, WITHOUT LIMITATION, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS), ANY TELECOMMUNICATIONS CARRIER, AND/OR ELECTRICITY OR BATTERY OUTAGES.
PALMSONNTAG DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT APPEARS IN A USER SUBMISSION OR THAT IS FEATURED OR ADVERTISED ON, OR FACILITATED VIA, THE SERVICE. YOUR RELIANCE OR USE OF ANY SUCH CONTENT, PRODUCT OR SERVICE IS ENTIRELY AT YOUR RISK. YOU SPECIFICALLY ACKNOWLEDGE THAT PALMSONNTAG SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, PALMSONNTAG DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SERVICE.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTION WITH OTHER USERS OF THE SERVICE (INCLUDING USERS TO WHOM YOU HAVE SENT A USER SUBMISSION) AS WELL AS ANY THIRD PARTY SERVICE PROVIDERS THAT YOU ENGAGE. IF YOU HAVE A DISPUTE WITH ANY SUCH USER OR THIRD PARTY SERVICE PROVIDER, YOU AGREE THAT PALMSONNTAG IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. PALMSONNTAG RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL PALMSONNTAG, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS BE LIABLE FOR ANY LOSS OF MONEY, GOODWILL, REPUTATION, SPECIAL, INDIRECT, DIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE EVEN IF PALMSONNTAG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION, TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT PALMSONNTAG’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO PALMSONNTAG FOR USING THE SERVICE WITHIN THE SIX (6) MONTHS PRECEDING THE DATE GIVING RISE TO SAID CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnity. You agree to defend, indemnify and hold harmless Palmsonntag, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the Service; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) your interaction with another Service user or third party service provider; or (v) any claim that your User Submission(s) caused damage to a third party. Without derogating from or excusing your obligations under this section, Palmsonntag reserves the right (at its own expense), but is not under any obligation, to assume the exclusive defense and control of any matter which is subject to an indemnification by you. You agree not to settle any matter subject to an indemnification by you without first obtaining our express approval
Term and Termination. These Terms are effective until terminated by Palmsonntag or you. Palmsonntag, in its sole discretion, has the right to terminate your access to the Service, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of the Site Terms). Palmsonntag shall not be liable to you or any third party for termination of the Service, or any part thereof. If you object to any term or condition of the Site Terms, or any subsequent modifications thereto, or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service. Upon termination of these Terms, you shall cease all use of your Account and, if applicable, the App.
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Palmsonntag without restriction or notification to you.
General. Palmsonntag reserves the right to discontinue or modify any aspect of the Service at any time. The Site Terms and the relationship between you and Palmsonntag shall be governed by and construed in accordance with the laws of England and Wales, without regard to its principles of conflict of laws. You agree to submit to the personal and exclusive jurisdiction of the competent courts located in London, England and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that Palmsonntag may seek injunctive relief in any court of competent jurisdiction. This Section 17 and Sections 5 (Intellectual Property Rights), 6.3 (License), 10 (Privacy), 13 (Limitation of Liability) and 14 (Indemnity) shall survive termination of these Terms. The Site Terms shall constitute the entire agreement between you and Palmsonntag concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Disclaimers. The advice, statements, and information made through our Video Lessons and by our Personal Coaches in our mobile applications are strictly opinions based on personal experiences and other information gathered through external sources, and therefore are not to be held as absolute fact. Under no circumstances will Palmsonntag be held liable for any consequences that occur from following the advice, statements, and information made available through our mobile applications, specifically through our Video Lessons and Personal Coaches.
All comments, queries and requests relating to our Terms of Use are welcomed and should be addressed as follows:
By phone: 661-644-3578
By email: [email protected]
Please read the following Terms of Use (“Terms”) carefully before using the Service so that you are aware of your legal rights and obligations with respect to Palmsonntag, Inc. (Hereafter referred to as Palmsonntag)
BY ACCESSING, USING, OR BROWSING THIS WEBSITE OR ANY OF ITS CONTENT, YOU, ON BEHALF OF YOURSELF OR YOUR ENTITY, AS APPLICABLE, ACKNOWLEDGE THAT: (1) YOU HAVE READ AND UNDERSTAND ALL OF THESE TERMS; (2) YOU AGREE TO BE BOUND BY ALL OF THESE TERMS; (3) THESE TERMS ARE THE LEGAL EQUIVALENT OF A SIGNED, WRITTEN CONTRACT BETWEEN YOU AND US; AND (4) IF ACCESSING, USING, OR BROWSING THIS SITE OR ANY OF ITS CONTENT ON BEHALF OF AN ENTITY, YOU HAVE FULL AUTHORITY TO BIND YOUR ENTITY TO ALL OF THESE TERMS.
IF YOU ARE NOT WILLING TO BE, OR CANNOT BE, BOUND BY ALL OF THESE TERMS, INCLUDING WITHOUT LIMITATION, THEN DO NOT ACCESS, USE, OR BROWSE THIS SITE OR ANY OF ITS CONTENT. MOREOVER, WE DO NOT, AND WILL NOT, GRANT YOU ANY RIGHT OR LICENSE TO ACCESS, USE, OR BROWSE THIS SITE OR ITS CONTENT WITHOUT YOUR WILLINGNESS AND ABILITY TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT.
You must exercise caution, good sense, and sound judgment in using this Site. You are prohibited from violating, or attempting to violate, the security of this Site. Any such violations may result in criminal and/or civil penalties against you. We will investigate any alleged or suspected violations, and if a criminal violation is suspected, We will cooperate with law enforcement agencies in their investigations. We explicitly disclaims liability for any and all losses and damages arising from your failure to comply with these Terms. These Terms govern your (i) use of the websites www.palmsonntag.weebly.com, and any other website that operates (each, together with its content and services, the “Site“); and (ii) to the extent that such use is not covered by a separate end user license agreement entered into between you and Palmsonntag, your use of a mobile application(s) that Palmsonntag licenses to you, including without limitation, the SATFlash or ACTFlash Application (each, together with its content and services, an “App“). The Site and App are individually and collectively referred to as the “Service“. In addition to these Terms, access and use of this Site is subject to all applicable laws, statutes, and regulations. We make no representation that materials or content of the Site are appropriate or available for use in all locations worldwide. You are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Access to this Site from jurisdictions where the contents of this Site are illegal or penalized is prohibited.
Consent and Modification. By accessing or using the Service, including without limitation contributing to or viewing the Content (as defined below) therein, you signify your assent to (i) these Terms; (ii) our Privacy Policy (defined below); and (iii) any other legal notices published by us on the Site (collectively the “Site Terms“). The Site Terms apply to all users of the Service. If you do not agree to the Site Terms, then please do not access or otherwise use the Service or any information contained herein. We reserve the right, at our discretion, to change the Site Terms at any time, which change will be effective ten (10) days following posting the revised Site Terms on the Service. Your continued use of the Service ten (10) days following such posting means you will accept those changes.
We hereby grant you permission to use the Service, provided that: (i) you will not copy, distribute or modify any part of the Service without our prior written authorization; (ii) you will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (iii) you will not disrupt servers or networks connected to the Service; (iv) you agree not to (a) use or launch any automated system (including without limitation, “robots” and “spiders”) to access the Service; (b) collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Service; and/or (c) circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Service; (v) you will not use the communications systems provided by the Service to send unauthorized commercial communications; (vi) you will not use the Service for any unlawful, harmful, irresponsible, or inappropriate purpose; (vii) you will not use the Palmsonntag name, logo or trademarks without our prior written consent; and (viii) you comply with these Terms and applicable law.
Intellectual Property Rights. The content on the Service, including without limitation, the text, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, services and User Submissions (collectively, the “Content“) and the trademarks, service marks and logos contained therein (“Marks“), are the property of Palmsonntag and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. We reserve all rights not expressly granted in and to the Service and the Content. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. “Palmsonntag”, the Palmsonntag logo, and other marks are Marks of Palmsonntag or its affiliates. All other trademarks, service marks, and logos used on the Service are the trademarks, service marks, or logos of their respective owners.
Responsibility. The Service may permit the submission, hosting, sharing and publishing of Content by you and other users (“User Submissions“). You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting or publishing them. We have complete discretion whether to publish your User Submissions and we reserve the right in our sole discretion and without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all Content posted on the Service (including User Submissions) at any time and for any reason.
Ownership. You represent and warrant that you own or have the necessary rights and permissions to use and authorize Palmsonntag to use all Intellectual Property Rights in and to your User Submissions, and to enable inclusion and use thereof as contemplated by the Service and these Terms. “Intellectual Property Rights” means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You retain all of your ownership rights in your User Submissions.
License. By submitting any User Submissions to Palmsonntag, you hereby grant Palmsonntag a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of display, and perform the User Submissions in connection with the Service only, including without limitation for redistributing part or all of your User Submissions (and derivative works thereof), and you hereby waive any moral rights in your User Submissions, to the extent permitted by law. You also hereby grant each user of the Service a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all in accordance with these Terms.
Prohibited Content. You agree that you will not display, post, submit, publish or transmit a User Submission that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise inappropriate; (vii) involves theft or terrorism; or (viii) is otherwise malicious or fraudulent.
Exposure. You understand and acknowledge that when accessing and using the Service (i) you may be exposed to User Submissions which are submitted by a variety of sources, and that Palmsonntag is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions; and (ii) you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. You hereby agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Palmsonntag with respect to (i) and (ii) herein.
Modification to/Deletion of a User Submission. You may modify or delete at any time any User Submission that you posted by using the applicable tools provided within the Service.
Spam. You agree not to, and will not, use the communications systems provided by the Service to send unauthorized commercial communications and you shall be solely responsible and liable for any such unauthorized communications.
Disclosure. We reserve the right to access, read, preserve, and disclose any User Submissions (whether published or not) or any other information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce these Terms, including investigation of potential violations of it, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Palmsonntag, its users or the public.
Payments. The Service may include the option to purchase certain products or services from us. If you choose to purchase a product or service from us, you agree (i) that we (or one of our service providers) may charge your credit card for the purchase (including, as applicable, for recurring charges such as monthly or other types of periodic payments) and such other amounts (including any taxes and late fees, as applicable) that may accrue in connection with the purchase; (ii) to only provide valid and current information for (a) yourself; or (b) another person, but only if you have first obtained their express consent to do so; (iii) that we may use the tools, software or services of third-party service providers, including but not limited to the Apple App Store and the Google Play Store to process transactions on our behalf; (iv) that prices for products or services may change at any time; and (v) all purchases are final and non-cancellable or non-refundable. You agree to abide by any relevant legal agreement, whether with any third party service provider or other party, which governs your use of a given payment processing method. You agree to comply with all applicable tax laws, including the reporting and payment of any taxes arising in connection with your purchase of any products or services through the Service.
Links. The Service includes links to third party websites that are not owned or controlled by Palmsonntag and may enable you to post Content to such third party websites. We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of, any third party websites. You acknowledge and agree that you remain solely responsible for any Content that you may post to a third party website. You expressly release Palmsonntag from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to read the terms and conditions and privacy policy of each third party website that you choose to post on or that you otherwise visit.
Promotional Activities. Here at Palmsonntag, we take your privacy seriously and will only use your personal information to administer your account and to provide the products and services you have requested from us. However, from time to time, we would like to contact you with details of other products, offers, and services. You acknowledge and agree that Palmsonntag may send you communications offering or promoting the products or services of Palmsonntag or our partners or affiliates. You consent to us contacting you for this purpose via email, telephone, text message, mobile push notification, or automated call. We would also like to pass your details only other companies, so that they can contact you via email, telephone, text message, mobile push notification, or automated message to offer you with products and/or services they provide. Moreover, you acknowledge and agree that we may pass on your details for similar purposes with any of our existing or future partners and affiliates and that such partners or affiliates may contact you in the same ways, either directly or through the App. Lastly, you agree that your data may be sold to third parties by us or them to use and further resell.
Information Description. We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Service (including, without limitation, any pricing) is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
Privacy. We will use any personal information that we may collect or obtain in connection with the Service in accordance with our privacy policy, which is available at http://www.palmsonntag.weebly.com/privacy.htm (“Privacy Policy“). You agree that we may use personal information that you provide or make available to us in accordance with the Privacy Policy.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU AGREE THAT PALMSONNTAG WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (INCLUDING, WITHOUT LIMITATION, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS), ANY TELECOMMUNICATIONS CARRIER, AND/OR ELECTRICITY OR BATTERY OUTAGES.
PALMSONNTAG DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT APPEARS IN A USER SUBMISSION OR THAT IS FEATURED OR ADVERTISED ON, OR FACILITATED VIA, THE SERVICE. YOUR RELIANCE OR USE OF ANY SUCH CONTENT, PRODUCT OR SERVICE IS ENTIRELY AT YOUR RISK. YOU SPECIFICALLY ACKNOWLEDGE THAT PALMSONNTAG SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, PALMSONNTAG DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SERVICE.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTION WITH OTHER USERS OF THE SERVICE (INCLUDING USERS TO WHOM YOU HAVE SENT A USER SUBMISSION) AS WELL AS ANY THIRD PARTY SERVICE PROVIDERS THAT YOU ENGAGE. IF YOU HAVE A DISPUTE WITH ANY SUCH USER OR THIRD PARTY SERVICE PROVIDER, YOU AGREE THAT PALMSONNTAG IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. PALMSONNTAG RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL PALMSONNTAG, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS BE LIABLE FOR ANY LOSS OF MONEY, GOODWILL, REPUTATION, SPECIAL, INDIRECT, DIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE EVEN IF PALMSONNTAG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION, TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT PALMSONNTAG’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO PALMSONNTAG FOR USING THE SERVICE WITHIN THE SIX (6) MONTHS PRECEDING THE DATE GIVING RISE TO SAID CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnity. You agree to defend, indemnify and hold harmless Palmsonntag, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the Service; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) your interaction with another Service user or third party service provider; or (v) any claim that your User Submission(s) caused damage to a third party. Without derogating from or excusing your obligations under this section, Palmsonntag reserves the right (at its own expense), but is not under any obligation, to assume the exclusive defense and control of any matter which is subject to an indemnification by you. You agree not to settle any matter subject to an indemnification by you without first obtaining our express approval
Term and Termination. These Terms are effective until terminated by Palmsonntag or you. Palmsonntag, in its sole discretion, has the right to terminate your access to the Service, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of the Site Terms). Palmsonntag shall not be liable to you or any third party for termination of the Service, or any part thereof. If you object to any term or condition of the Site Terms, or any subsequent modifications thereto, or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service. Upon termination of these Terms, you shall cease all use of your Account and, if applicable, the App.
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Palmsonntag without restriction or notification to you.
General. Palmsonntag reserves the right to discontinue or modify any aspect of the Service at any time. The Site Terms and the relationship between you and Palmsonntag shall be governed by and construed in accordance with the laws of England and Wales, without regard to its principles of conflict of laws. You agree to submit to the personal and exclusive jurisdiction of the competent courts located in London, England and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that Palmsonntag may seek injunctive relief in any court of competent jurisdiction. This Section 17 and Sections 5 (Intellectual Property Rights), 6.3 (License), 10 (Privacy), 13 (Limitation of Liability) and 14 (Indemnity) shall survive termination of these Terms. The Site Terms shall constitute the entire agreement between you and Palmsonntag concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Disclaimers. The advice, statements, and information made through our Video Lessons and by our Personal Coaches in our mobile applications are strictly opinions based on personal experiences and other information gathered through external sources, and therefore are not to be held as absolute fact. Under no circumstances will Palmsonntag be held liable for any consequences that occur from following the advice, statements, and information made available through our mobile applications, specifically through our Video Lessons and Personal Coaches.
All comments, queries and requests relating to our Terms of Use are welcomed and should be addressed as follows:
By phone: 661-644-3578
By email: [email protected]