Terms and Conditions
Please take a few minutes to review this document carefully.
1. Description of Service, Acceptance of Terms, Modification
- This Website is owned and operated by
a. Visual-Mantras.com, a division of LUV-IT, LLC.
b. The mailing address for Visual-Mantras.com and LUV-IT, LLC is
1050 E Ray Road, #A5-130, Chandler AZ 85225.
- (this is not a valid line but as a quirk of this software, it cannot be removed)
- Your Use of This Website is governed by These Terms and Conditions
a. Your use of this website constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms and Conditions, do not use the Visual-Mantras.com website.
b. YOUR USE AND CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.
- These Terms and Conditions May Change
a. Visual-Mantras.com reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of this website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this website.
b. Visual-Mantras.com may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. Visual-Mantras.com may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
c. In addition, when using particular Visual-Mantras.com services, you and Visual-Mantras.com shall be subject to any additional terms, guidelines or rules applicable to such services, which may be posted from time to time. All such additional terms, guidelines and rules are hereby incorporated by reference into this Agreement. Also, Visual-Mantras.com may offer other services from time to time that are governed by different terms of service.
d. Unless explicitly stated otherwise, any new features that augments or enhances the current Service, including the release of new Visual-Mantras.com properties, shall be subject to this Agreement.
2. IMPORTANT: Always consult your physician before beginning or changing any health regimen. DO NOT CHANGE OR DISCONTINUE TAKING MEDICATIONS WITHOUT PROPER MEDICAL SUPERVISION.
4. Intellectual Property / Copyright Notice
- All of the Content you see and hear on the Visual-Mantras.com website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Visual-Mantras.com, one of its affiliates or by third parties who have licensed their materials to Visual-Mantras.com.
- The entire Content of this website is copyrighted as a collective work under U.S. copyright laws, and Visual-Mantras.com, LUV-IT, LLC, and Marcia Diane owns a copyright in the selection, coordination, arrangement and enhancement of all Content. The Site is protected by all applicable federal and international intellectual property laws.
- The Content of this website, and the site as a whole, is intended solely for personal, noncommercial use by the users of our site. You may download, print and store selected portions of the Content, provided you:
a. only use these copies of the Content for your own personal, non–commercial use,
b. do not copy or post the Content on any network computer or broadcast the Content in any media
c. do not modify or alter the Content in any way, or delete or change any copyright or trademark notice.
- No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Visual-Mantras.com reserves complete title and full intellectual property rights in any Content you download from this website.
- Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from Visual-Mantras.com.
5. License and Site Access
- Visual-Mantras.com grants you a limited license to access and make personal use of the Site and the Service.
- You agree not to download (other than page caching) or modify the Site, or any portion of it, except with express written consent of Visual-Mantras.com.
- This license does not include any resale or commercial use of the Site, the Service, or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
- The Site, Service, or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Visual-Mantras.com.
- You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Visual-Mantras.com and our affiliates without express written consent.
- You may not use any meta-tags or any other “hidden text” utilizing Visual-Mantras.com’s name or trademarks without the express written consent of Visual-Mantras.com.
- Any unauthorized use terminates the permission or license granted by Visual-Mantras.com.
- You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of Visual-Mantras.com so long as the link does not portray Visual-Mantras.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Visual-Mantras.com logo or other proprietary graphic or trademark as part of the link without express written permission.
6. Account, Password, Security
- You will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to
a. Immediately notify Visual-Mantras.com of any unauthorized use of your password or account or any other breach of security, and
b. Ensure that you exit from your account at the end of each session. Visual-Mantras.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.
2. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form (such information being the “Membership Data”) and maintain and promptly update the Membership Data to keep it true, accurate, current and complete. If you do not, or Visual-Mantras.com has reasonable grounds to suspect that you have not, Visual-Mantras.com has the right to suspend or terminate your account and refuse any and all current or future use of the Site.
You agree to abide by the terms of this Agreement, and to not use the Service:
- to interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- to collect or store personal data about other users; or
- for any illegal, immoral, or objectionable purposes.
Without limiting other remedies, your membership may be terminated and you may be denied access to the Service at any time by Visual-Mantras.com if you breach this Agreement in any way. Repeat offenders will have their accounts terminated immediately.
8. Purchasing Content
- You agree to pay all fees as outlined on the Site during the purchase process.
- You acknowledge that from time to time, Visual-Mantras.com may have different offers and prices for its various services.
- The amount to be billed to you will be clearly outlined in the purchase page.
- By clicking to submit after reviewing this information, you signify your agreement to pay such fees. It is recommended that you print this page for your records.
9. Use & Storage
- You acknowledge that Visual-Mantras.com may establish general practices and limits concerning use of the Service.
- You agree that Visual-Mantras.com has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Service.
- You acknowledge that Visual-Mantras.com reserves the right to log off accounts that are inactive for an extended period of time.
- You further acknowledge that Visual-Mantras.com reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
10. Third-Parties, Third-Party Content, Links and Sites
- If You provide access to Your Account or any portion thereof to any third party or use the Service to collect information on behalf of any third party (“Third Party”), whether or not You are authorized to do so by Visual-Mantras.com or its wholly owned subsidiaries, the terms of this Section 10 shall apply to You.
- If You use the Service on behalf of any Third Party, You represent and warrant that:
a. You are authorized to act on behalf of, and bind to this Agreement, that Third Party,
as between the Third Party and You, the Third Party owns any rights to Customer Data in the applicable account, and
b. You shall not disclose Third Party’s Customer Data to any other party without the Third Party’s consent.
- You shall ensure that each Third Party is bound by and abides by the terms of this Agreement. Visual-Mantras.com and its wholly owned subsidiaries make no representations or warranties for the direct or indirect benefit of any Third Party. With respect to Third Parties, You shall take all measures necessary to disclaim any and all representations or warranties that may pertain to Visual-Mantras.com and its wholly owned subsidiaries, the Service, or the Products, or use thereof. You agree to indemnify, hold harmless and defend Visual-Mantras.com and its wholly owned subsidiaries, at Your expense, against any and all third-party claims, actions, proceedings, and suits brought against Visual-Mantras.com or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees and other litigation expenses) incurred by Visual-Mantras.com, or any of its officers, directors, employees, agents or affiliates, arising out of or relating to
a. any representations and warranties made by You concerning any aspect of the Service, the Software or Reports to Third Parties;
b. any claims made by or on behalf of any Third Party pertaining directly or indirectly to Your use of the Service, the Software or Reports;
c. violations of Your obligations of privacy to any Third Party; and
d. any claims with respect to acts or omissions of Third Parties in connection with the Services, the Software or Reports.
- Visual-Mantras.com is not responsible for any third-party content, applications, services, advertisements, and/or links that may be contained in the Site or the Service, or the content of any third-party sites mentioned in the comment sections, links, or other locations throughout the website. Any correspondence, business dealings with, or participation in promotions of third parties found on or through the Site or in connection with the aforementioned, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. Visual-Mantras.com has no control over third-party websites or resources, and as such, you acknowledge and agree that Visual-Mantras.com is not responsible for their availability, reliability, or functionality, and does not endorse and is not responsible or liable for any third-party content, applications, services, advertising, products, or other materials on or available from such websites or resources.
- Visual-Mantras.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between you and any third parties, or as the result of the presence of such third-party content on the Site or as a result of the failure of such third-party services, applications, or content to function as intended.
11. Representations & Warranties
- You represent and warrant that you are at least 18 years of age and have full authority to enter into this Agreement and to fully perform your obligations hereunder.
- You represent and warrant that you shall not act in any manner which conflicts or interferes with any existing commitment or obligation of yours, and that no agreement previously entered into by you will interfere with your performance of your obligations under this Agreement.
- You represent and warrant that you shall perform in compliance with any applicable laws, rules and regulations of any governmental authority.
Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. Visual-mantras.com expressly disclaims all liability and warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Visual-mantras.com makes no warranty that
- The service will meet your requirements.
- The service will be uninterrupted, timely, secure, or error-free.
- The results that may be obtained from the use of the service will be accurate or reliable.
- The quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations.
- Any errors in the software will be corrected. No advice or information, whether oral or written, obtained by you from visual-mantras.com or through or from the service shall create any warranty not expressly stated in this agreement.
13. Indemnification, Limited Liability
- You hereby indemnify and hold harmless, and upon Visual-Mantras.com’s request, defend Visual-Mantras.com its affiliates (and their respective directors, officers and employees) from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) arising out of any claim, action, or proceeding brought by a third party based on a breach of any warranty, representation, covenant or obligation of yours under this Agreement. You will reimburse Visual-Mantras.com and its affiliates on demand for any actual payments made in resolution of any liability or claim that is subject to indemnification under this Section 13, provided that Visual-Mantras.com obtains your written consent prior to making such payments, such consent not to be unreasonably withheld, delayed or conditioned. Visual-Mantras.com shall promptly notify you of any such claim, and you shall assume control of the defense of such claim upon Visual-Mantras.com’s request. Visual-Mantras.com shall have the right, at its expense, to participate in the defense thereof under your direction.
- EXCEPT PURSUANT TO YOUR INDEMNITY OBLIGATION IN SECTION 13.1, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING LOSS OF PROFITS OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THEIR POSSIBILITY. IN ANY EVENT, TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT PAID OR PAYABLE BY OR TO YOU IN THE 12 MONTHS PRECEDING THE DATE SUCH LIABILITY AROSE.
You understand, acknowledge, and agree that you are using the Service at your own risk, and neither Visual-Mantras.com nor any content provider associated or affiliated with the Service have any liability of any kind for any injury you may sustain as the result of your use of the Service. You should always consult your physician before beginning or changing any health or medication regimen.
15. Applicable Law
This Agreement and the relationship between you and Visual-Mantras.com shall be governed by the laws of the State of Arizona without regard to its conflict of law provisions. You and Visual-Mantras.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Maricopa, Arizona.
- Notices to you may be sent either by email or certified mail to the address you provide to Visual-Mantras.com during the registration process (as updated when necessary in your user account).
- Except as explicitly stated otherwise, any notices to Visual-Mantras.com shall be sent by certified mail, return receipt requested, to Visual-Mantras.com / LUV-IT LLC, 1050 E Ray Road, #A5-130, Chandler AZ 85225, Attn: Legal Department. Notice shall be deemed given 24 hours after email is sent, or in the case of postal mail, three (3) days after the date of mailing.
17. Copyright Infringement
Visual-Mantras.com respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Visual-Mantras.com’s copyright agent with the following information (“Notice”):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. Any Notice of claims of copyright or other intellectual property infringement must be sent to Visual-Mantras.com at:
Copyright Agent: Visual-Mantras.com Legal Department
1050 E Ray Road, #A5-130, Chandler AZ 85225.
Please note that this procedure is exclusively for notifying Visual-Mantras.com and its affiliates that your copyrighted material has been infringed.
- The failure of Visual-Mantras.com to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
- If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
- You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Last updated 6-1-2010
1. Collection of Information
a. Personal Information
In general, we only collect personal information from Visual-Mantras.com users when they voluntarily submit it to us. Personal information that we may collect includes, but is not necessarily limited to, first and last name, telephone number, physical address, e-mail address, spiritual affiliation information, payment method, credit card number, credit card expiration date, and password.
b. Non-Personal Information
Certain non-personal information about Site visits is recorded by the standard operation of the Site. The non-personal information that we collect may include the type of operating system in use (e.g., Macintosh or Windows), the type of browser being used by the Visual-Mantras.com user (e.g., Netscape or Internet Explorer), IP address, and the domain name from which visitors accessed the Site (e.g., Yahoo.com).
Visual-Mantras.com users are always free to decline cookies, but in doing so they may not be able to use certain features of the Site. The “help” segment of the toolbar on most browsers explains how to configure a browser to not accept new cookies, how to have the browser inform a user when they receive a new cookie, and how to erase cookies from their hard drives.
2. Use of Information
Visual-Mantras.com may use information collected from Visual-Mantras.com users (the “User Information”) for any of the following purposes (1) to facilitate online purchases; (2) to fulfill orders; (3) to send marketing and other communications to Visual-Mantras.com users; (4) to conduct internal reviews of the Site (e.g., to determine the number of visitors to the Site); (5) to help us better understand Visual-Mantras.com users use of the Site; (6) to respond to specific requests from Visual-Mantras.com users; and (7) to protect the security or integrity of the Site Non-personal information will be used for purposes of conducting internal reviews of the Site, monitoring the Site, and providing an enhanced online experience for Visual-Mantras.com users.
3. Disclosure of Information
Visual-Mantras.com may transfer or otherwise disclose the User Information to (i) content providers and a Visual-Mantras.com publisher or other media distributor (together with Visual-Mantras.com, LUV-IT LLC, “Content Partners”) when the content is provided by such Content Partners, so that the Content Partners can send Visual-Mantras.com users relevant promotional communications about their respective products and services and to (ii) Visual-Mantras.com’s employees, independent contractors, subsidiaries, consultants, and other business partners and associates, service providers, and suppliers, if the disclosure will enable that party to perform a business, professional, or technical support function for Visual-Mantras.com.. Visual-Mantras.com may also disclose User Information if required to do so by law, in response to judicial process, and, as permitted under provisions of law, to provide information to law enforcement agencies or in connection with an investigation on a matter related to public safety.
Unless expressly allowed under this policy, Visual-Mantras.com may only share, transfer or otherwise disclose the User Information to third parties in bulk or aggregate format, with no personally identifiable information included.
4. Security of Information
5. Unforeseen Circumstances
In the event that Visual-Mantras.com or any of its assets are acquired by a third party, personal information acquired by us may be one of the assets transferred.
6. Acceptance of Privacy Terms & Conditions
7. Changes To This Privacy Statement
8. Contact Us
Last updated 6-1-2010