Terms of service

DISCLAIMER

This website and all services comprised herein (“Website”) are provided "as is" and "as available", without any warranties of any kind, whether express, implied, or statutory. The Website and all owners of the content disclaim any express, implied, and statutory warranties regarding the content, including warranties of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement. Neither Website nor any owner of content warrants that the Website service or content is free of malware or other harmful components. In addition, the Website makes no representation regarding, nor does it warrant or assume any responsibility for, any third-party applications (or the content thereof), user content, devices or any product or service advertised, promoted or offered by a third party on or through the Website service or any hyperlinked website, and the Website is not responsible for any transactions between you and any third-party providers of the foregoing. No advice or information whether oral or in writing obtained by you from the Website shall create any warranty on behalf of the Website. While using the Website service, you may have access to explicit content filtering features, but use of these features may still result in some explicit content being served and you should not rely on such features to filter all explicit content. This section applies to the fullest extent permitted by applicable law. The Website is in full control of the content posted or any content shared by a user and can at any time take action against a user if any violation of the terms and conditions is noticed. Any and all forms of products provided on the Website are the exclusive intellectual property of VickiSue LLC whether registered or unregistered, and no use, access, download or viewing of such product will result in the transfer of ownership of such intellectual property available on the Website.

Effective Date: March 19th, 2023

VickiSue LLC (“Company”, “we” or “us") is the publisher of the website located at www.selflovefocus.com (the “Site”) and all linked services accessible through the Site and the (change ‘the’ to ‘any’ ?) mobile device application (“App”). Our services and the App collectively constitute the “Services.” Please read these Terms and Conditions (the “Terms”) carefully because they govern your use of our Services. If you violate any of these Terms, your permission to use the Services automatically terminates, unless such violation is waived by us in writing at our sole discretion.

You must be over 16 years of age to use the Services or, you may access the Services if you are 13 years or older and have obtained parental or guardian consent to enter into these terms. Your continued use of the Site constitutes your direct acknowledgment of compliance with the above age requirement and you should not access the Site if you are not compliant with such requirement. You are allowed to access and use the Services only if you are legally permitted to do so via the laws of your jurisdiction, including laws regarding minimum age requirements. You acknowledge that use of the Services requires connection to, and data transfers over, the internet and therefore may impact your data usage charges imposed by your wireless operator or internet service provider. Any registration and account information that you submit to the website shall be true, accurate and complete, and you agree to keep it so at all times.

THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION, AS FURTHER SET FORTH IN SECTION 6, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER PROCEEDINGS, OR CLASS ACTION OF ANY KIND.

SERVICE PROVIDER

These terms are expressly agreed upon between you and VickiSue LLC, USA.

WEBSITE SERVICE AND TRIAL

We provide numerous service options. Some Services are provided free-of-charge, while the other options require payment before they can be accessed (the “Paid Subscription”). We may also offer special promotional plans, membership or services, including offering third party features and product services. We are not responsible for the third party products and services.

From the stage of signing up initially and from time to time thereafter, we or others on our behalf may offer trials of Paid Subscriptions for a specific period without payment or at a reduced rate. By using such trials, you agree that unless you are subscribing to a promotional offer that is advertised as available to past subscribers of the premium service, you must be a new subscriber to any and/or to all forms of Services, and you should not have subscribed to, or accepted a trial of either the Company’s Premium or Unlimited Service (change to ‘relevant subscriptions ?) at any point in time in the past. If you are subscribing to a promotional offer that is advertised as available only to the past subscribers of certain Services, then you must have been a subscriber to the relevant Service, the subscription for which expired before the date advertised.

THIRD PARTY APPLICATIONS AND SERVICES

The Site may be integrated with or may otherwise interact with third party applications, websites, services and/or products (“Third Party Applications”) and third-party personal computers, mobile handsets, tablets, wearable devices, speakers and other devices. Your use of third-party applications and devices may be subjected to additional terms and conditions and policies provided to you by the authorised third-party. We do not guarantee the Third-Party Applications and devices will be compatible with our Services and as a result, the usage of our services is based on user discretion.

ACCOUNTS

You will be required to create an account on the Site to use all or part of the Services. Your username and password are for your personal use only and should be kept confidential. You understand that you are responsible for all use (including any unauthorized use) of your username and password. You agree to notify our team immediately if your username or password is lost or stolen, or if you believe there has been unauthorized access to your account. We may reclaim or require you to change your username and password for any reason.

ACCESS TO THE SERVICES

Subject to your compliance with these Terms (including any other applicable terms and conditions we may impose from time to time), we grant to you limited, non-exclusive, revocable permission to make personal, non-commercial use of the Services and all content available as a part of the Services (collectively, "Access"). This Access shall remain in effect unless and until terminated by you or by us. All content available as a part of the Services (“Content”) is meant to be used by you solely for the purposes the Company has intended and any commercial or for-profit use of such content will be unauthorized and illegal. You agree that you will not redistribute or transfer the Services or the Content to any person or legal entity without our prior written authorisation.

The Services and the Content are licensed, not sold or transferred to you, and the Company and its licensors retain ownership of all copies of the Services, Content and all associated software applications even after installation on your devices.

MINDFULNESS

The Company intends that the Services and Content are able to help all users in embarking on their personal journeys towards mindfulness and better mental and physical health. However, no Services or Content provided by the Company can guarantee that such results will be achieved by a user of the Services. The Company does not certify that any of the Content available on the Site will have any proven results or that it will help any user achieve any form of results after using the Services. The Content is simply available to all users on an “as is” basis and no user should construe this as a cure for any form of mental or physical health or related issues, which can only be diagnosed and treated by licensed medical practitioners. The Company and its representatives are not licensed medical practitioners and do not offer any formal advice on what may be good or bad for any users of the Site.

INTELLECTUAL PROPERTY

The Services and the Content are the property of the Company or our licensors. All Company trademarks, service marks, trade names, logos, domain names, and any other features of the Company’s brand, whether registered or unregistered, are the sole property of the Company or its licensors. These Terms do not grant you any rights to use any such features whether for commercial or non-commercial use. The Content created and provided through our Services is and always shall be the intellectual property of the Company. You are only being provided a right to access this Content and no material transfer of any intellectual property rights will be effected if you use our Content, whether such use is done online or locally.

BILLING

You may purchase a paid subscription directly from our Site by paying a subscription fee plus applicable taxes in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase. Tax rates are calculated based on the information you provide and the applicable rate at the time of your monthly charge. Please contact us or the managing third party regarding any refunds or to manage your subscription.

PRICE AND TAX CHANGES

Website may from time to time make changes to the subscriptions and prices of its products and services, including recurring subscription fees or any prepaid period (for periods not yet paid) and will communicate any price changes which you may be billed for, to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change and, by continuing to use the Services after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, you can reject the change by unsubscribing from the applicable subscription prior to the price change going into effect.

Tax rates are based on the rates applicable at the time of your monthly charge. These amounts can change over time with local tax requirements in your country, state, territory, county, or city. Any change in tax rate will be automatically applied based on the account information you provide.

RENEWAL AND CANCELLATION

With the exception of paid subscriptions for a prepaid period, your payment to the Company will automatically renew at the end of the applicable subscription period, unless you cancel your subscription before the end of the then-current subscription period and the account linked to the payment will automatically be charged. In case of cancellation in the middle of the ongoing subscription the Company will not refund any amount already paid, yet the subscription would be cancelled from the upcoming month and you will be downgraded to the Site’s free services, or any lesser applicable membership tier if you have chosen a lower option. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free version/lower tier of the Services. We do not provide refunds or credits for any partial subscription periods, except as expressly stated in these Terms.

USER GUIDELINES

While using the Services, you must comply with the certain guidelines, as well as all applicable laws, rules, and regulations, and respect the intellectual property, privacy, and other rights of third parties.

The following is not permitted for any reason whatsoever in relation to the Services and the material or content made available through the Services, or any part thereof:

reverse-engineering, decompiling, disassembling, modifying, or creating derivative works, except where such restriction is expressly prohibited by applicable law. If applicable law allows you to decompile any part of the Services or Content where required in order to obtain the information necessary to create an independent program that can be operated with the Services or with another program, the information you obtain from such activities (a) may only be used for the foregoing objective, (b) may not be disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate in order to achieve that objective, and (c) may not be used to create any software or service that is substantially similar in its expression to any part of the Services or the Content;
copying, reproducing, redistributing, “ripping,” recording, transferring, performing, framing, linking to or displaying to the public, broadcasting, or making available to the public, or any other use which is not expressly permitted by us or by applicable law, or which otherwise infringes intellectual property rights;
importing or copying any local files that you do not have the legal right to import or copy in this way;
transferring copies of cached Content from an authorized Device to any other Device via any means;
“crawling” or “scraping”, whether manually or by automated means, or otherwise using any automated means (including bots, scrapers, and spiders), to view, access or collect information;
selling, renting, sublicensing, leasing or other monetization except as expressly permitted by us;
selling a user account or playlist, or otherwise accepting or offering to accept any compensation, financial or otherwise, to influence the name of an account or playlist or the content included on an account or playlist; or
artificially promoting Content, or other manipulation including by (i) using any bot, script or other automated process, (ii) providing or accepting any form of compensation (financial or otherwise), or (iii) any other means;
circumventing any technology used by the Company, its licensors, or any third party, including any territorial or other content access restrictions applied by the Company or its licensors;
circumventing or blocking advertisements or creating or distributing tools designed to block advertisements;
removing or altering any copyright, trademark, or other intellectual property notices (including for the purpose of disguising or changing any indications of ownership or source);
deleting or altering any part of the Services or Content except as expressly permitted by us; or
providing your password to any other person or using any other person’s username and password.
Don’t engage in any activity, post any content, or register or use a username, which is or includes material that is offensive, abusive, defamatory, pornographic, threatening, or obscene, or advocates or incites violence;
is intended to or does harass or bully other users;
is illegal, or intended to promote or commit an illegal act of any kind, including violations of intellectual property rights, privacy rights, publicity rights, or proprietary rights of the Company or a third party, or would violate any agreement to which you are a party, such as, by way of example and not limitation, an exclusive recording agreement or publishing agreement;
includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;
exposes confidential or proprietary information of a third party or personal information about yourself that is not intended to be broadcast to people around the world;
includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Services;
impersonates or misrepresents your affiliation with our Company (including, for instance, by using the Company’s copyrighted content, using the Company’s logo without permission, or otherwise using the Company’s trademarks in a confusing manner), another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
involves the transmission of unsolicited mass mailings or other forms of spam, junk mail, chain letters, or similar;
unauthorized commercial or sales activities, such as advertising, promotions, contests, sweepstakes, gambling, bookmaking, or pyramid schemes;
unauthorized linking to, referencing, or otherwise promoting commercial products or services, except as expressly authorized by us;
interferes with or in any way disrupts the Services, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Services or the Company’s computer systems, network, usage rules, or any of the Company’s security
components, authentication measures or any other protection measures applicable to the Services, the Content or any part thereof;
conflicts with the Terms or any other terms or policies applicable to your use of any of the Services; or
has been removed from any of our services for a breach of our terms or policies, such as a prohibited track, episode or show. This includes content being created or repurposed to reconstitute or serve the same objective as previously removed Content.

Violating the above user guidelines may result in removal of any content or material you've contributed to the Services and/or termination or suspension of your account. We try to make the Services broadly available to everyone, but you cannot use our Services if we've previously terminated your account on any of our Services. We also prohibit attempts to circumvent prior enforcement actions, including through the creation of new accounts.

EXPORT CONTROL AND SANCTIONS

Our products may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control ("OFAC"), and the International Traffic in Arms Regulations ("ITAR") maintained by the Department of State. You warrant that you are not located in any country to which the United States has embargoed goods or has otherwise applied any economic sanctions; and you are not a denied party as specified in any applicable export or re-export laws or regulations or similar laws applicable in other jurisdictions or otherwise listed on any U.S. government list of prohibited or restricted parties.

You agree to comply with all applicable export and re-export control laws and regulations, including without limitation the EAR and trade and economic sanctions maintained by OFAC. Specifically, you agree not to – directly or indirectly – use, sell, export, re-export, transfer, divert, release, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from the Company under these Terms to any destination, entity, or person or for any end-use prohibited by the EAR,

trade and economic sanctions maintained by OFAC, or any applicable laws or regulations of the United States or any other jurisdiction without obtaining any required prior authorization from the competent government authorities as required by those laws and regulations.

LIMITATION OF LIABILITY

You agree that your sole and exclusive remedy for any problems or dissatisfaction with the Services is to uninstall any software and to stop using them. You agree that the Company has no obligation or liability arising from or related to third-party applications or the content thereof made available through or in connection with the Services, and while your relationship with such third-party applications may be governed by separate agreements with such third parties, your sole and exclusive remedy, with respect to our Company, for any problems or dissatisfaction with any third-party applications or the content thereof, is to uninstall or stop using such third-party applications.

In no event will the Company, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for (1) any indirect, special, incidental, punitive, exemplary, or consequential damages; (2) any loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use of or inability to use the Services, devices, third-party applications, or third-party application content, regardless of legal theory, without regard to whether you have been warned of the possibility of those damages, and even if a remedy fails of its essential purpose; or (3) aggregate liability for all claims relating to the Services, third-party applications, or third-party application content more than the greater of the amounts paid by you to the Company during the twelve months prior to the first claim or $30.00, whichever is higher. (why $30?)

GOVERNING LAW

Your use of the Services provided by our Company and any and all agreements between you and our Company will be subject to the exclusive jurisdiction of the relevant courts located in Wyoming, USA, without regard to choice or conflict of law principles.

DISPUTE RESOLUTION AND ARBITRATION

You and the Company agree that any dispute, claim, or controversy between you and us arising in connection with or relating in any way to these Terms or to your relationship with our Company or as a user of the Website Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by mandatory binding individual (not class) arbitration. You and the Company further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney fees and costs only where allowable under applicable law), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of these Terms. Notwithstanding the terms of this section, you and the Company agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a small claims court, (2) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (3) seek injunctive relief in a court of law, or (4) to file suit in a court of law to address intellectual property infringement claims.

Either you or we may start arbitration proceedings. Any arbitration between you and the Company will be finally settled as per the expedited mechanism under the Commercial Rules of the Arbitration of the American Arbitration Association (“AAA Rules”) then in force by one or more arbitrators appointed in accordance with the AAA Rules, as modified by these Terms.

Any arbitration will be conducted in the English language and will be conducted either virtually or physically in Wyoming. Any arbitration must be commenced by filing a demand for arbitration within one (1) year after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.

AMENDMENT

We may make changes to these Terms from time to time by notifying you of such changes by any reasonable means (before they take effect). Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms, or other terms and conditions, incorporating such changes, or otherwise notified you of such changes. Your access of the Services following any changes to these Terms will constitute your acceptance of such changes. If you do not wish to continue accessing the Services under the updated Terms, you may terminate your account by contacting us. The effective date set forth at the top of this document indicates when these Terms were last changed.

ENTIRE AGREEMENT

Other than as stated in this section or as explicitly agreed upon in writing between you and our Company, these Terms constitute all the terms and conditions agreed upon between you and our Company and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral. As noted above, other terms and conditions governing access of the Services are incorporated herein by reference, including the following terms and conditions: Company Cookie Policy and Company Privacy Policy.

SEVERABILITY AND WAIVER

Unless as otherwise stated in these Terms, should any provision of these Terms be held invalid or unenforceable for any reason or to any extent, the remaining provisions of these Terms will not be affected, and the application of that provision shall be enforced to the extent permitted by law. Any failure by the Company or any third-party beneficiary to enforce these Terms or any provision thereof shall not waive the Company’s or the applicable third-party beneficiary's right to do so.

ASSIGNMENT

We may assign any or all of these Terms, and may assign or delegate, in whole or in part, any of its rights or obligations under these Terms. You may not assign these Terms, in whole or in part, nor transfer or sub-license your rights under these Terms, to any third party.