2. Lawful Use and Purpose
2. A) You shall use the Services for lawful purposes only. You shall not post or transmit through the Site any material that violates or infringes in any way upon the legally recognized rights of others, that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, that constitutes hate speech intended to insult any race, skin color, religion, sexual orientation, or national origin, or otherwise encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law, or that contains any computer viruses or computer programs that are intended to damage, detrimentally interfere with, or surreptitiously intercept or expropriate any system data or information. Your use of the Program and the Services are made available for your personal non-commercial use only. You may not use the Program to sell a product or service or to increase traffic to your website for commercial purposes, to advertise or perform any commercial solicitation, to become users, members or customers of other services. You may not “meta-search” the Site.
2. B) You are solely responsible for all User Content (as defined in the next sentence) that you upload, post, email, transmit or otherwise make available on or through the Services (collectively, “Post”). “User Content” means User-Posted content or information of any type or medium, including but not limited to: letters, emails or other messages; other forms of communication through the Services; personal User information; board posts; reader reviews; blogs, data, notes and testimonials; poll votes; images; audio or video files; and software. You may Post only User Content which you own, have created or which you have clear permission to Post. You acknowledge and agree that Flowing Wakefulness B.V. does not endorse any User Content and is not responsible or liable for any User Content, even though it may be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or may infringe upon the intellectual property or other rights of another. You acknowledge that Flowing Wakefulness B.V. does not pre-screen User Content, and has no obligation to do so, but that Flowing Wakefulness B.V. and its designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any User Content that is posted on or through the Service.
Unless otherwise expressly noted, all materials, without limitation, all images, illustrations, designs, icons, photographs, software, video clips, and written and other materials that are part of the Program, including, without limitation, the Services, are protected by copyright, trademarks, trade secret and/or patent rights, trade dress and/or other intellectual properties owned by or licensed to the Company. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such copying. You agree that you will not alter or remove any copyright notice or proprietary legend contained in the Web site and you agree that any copy made shall include the igorkufayev.org, Flowing Wakefulness BV or any third party provider’s copyright notice or any other notice included therein. No other permission is granted to you from the previous sentence. Product and company names mentioned on the Site may be trademarks of their respective owners. You agree not to use any robot, spider or other automatic device, nor may you use any process to monitor materials available through the Site without our express authorization. You agree not to derive or attempt to derive any source code, source files or structure of all or any portion of the Site contents by reverse engineering, disassembly, decompiling or otherwise. Further, you may not use the Site in a manner that violates any regional or federal law regulating email, facsimile transmissions or telephone solicitations; nor export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the Kingdom of Belgium.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions.
The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
‘You’ means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Under GDPR (General Data Protection Regulation), You can be referred to as the Data Subject or as the User as you are the individual using the Service.
* Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Flowing Wakefulness BV, Willem Rosierstraat 35, 2800 Mechelen.
For the purpose of the GDPR, the Company is the Data Controller.
* Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
* Account means a unique account created for You to access our Service or parts of our Service.
* Website refers to Igor Kufayev, accessible from www.igorkufayev.org
* Service refers to the Website.
* Country refers to: Belgium
* Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
For the purpose of the GDPR, Service Providers are considered Data Processors.
* Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
* Personal Data is any information that relates to an identified or identifiable individual.
For the purposes for GDPR, Personal Data means any information relating to You such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity.
For the purposes of the CCPA, Personal Data means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with You.
* Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
* Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
* Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
* Data Controller , for the purposes of the GDPR (General Data Protection Regulation), refers to the Company as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data.
* Do Not Track (DNT) is a concept that has been promoted by US regulatory authorities, in particular the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism for allowing internet users to control the tracking of their online activities across websites.
* Business , for the purpose of the CCPA (California Consumer Privacy Act), refers to the Company as the legal entity that collects Consumers’ personal information and determines the purposes and means of the processing of Consumers’ personal information, or on behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers’ personal information, that does business in the State of California.
* Consumer , for the purpose of the CCPA (California Consumer Privacy Act), means a natural person who is a California resident. A resident, as defined in the law, includes (1) every individual who is in the USA for other than a temporary or transitory purpose, and (2) every individual who is domiciled in the USA who is outside the USA for a temporary or transitory purpose.
* Sale , for the purpose of the CCPA (California Consumer Privacy Act), means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer’s Personal information to another business or a third party for monetary or other valuable consideration.
Collecting and Using Your Personal Data :
Types of Data Collected:
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You.
Personally identifiable information may include, but is not limited to:
* Email address
* First name and last name
* Phone number
* Address, State, Province, ZIP/Postal code, City
* Bank account information in order to pay for products and/or services within the Service
* Usage Data
When You pay for a product and/or a service via bank transfer, We may ask You to provide information to facilitate this transaction and to verify Your identity. Such information may include, without limitation:
* Date of birth
* Passport or National ID card
* Bank card statement
* Other information linking You to an address
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Tracking Technologies and Cookies :
You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service.
Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser.
Learn more about cookies in the [“What Are Cookies“] article.
We use both session and persistent Cookies for the purposes set out below:
* Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
* Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
* Functionality Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
* Tracking and Performance Cookies
Type: Persistent Cookies
Administered by: Third-Parties
Purpose: These Cookies are used to track information about traffic to the
Website and how users use the Website. The information gathered via these Cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the Website. We may also use these Cookies to test new advertisements, pages, features or new functionality of the Website to see how our users react to them.
For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy.
Use of Your Personal Data :
The Company may use Personal Data for the following purposes:
* To provide and maintain our Service , including to monitor the usage of our Service.
* To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
* For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
* To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
* To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
* To manage Your requests: To attend and manage Your requests to Us.
We may share your personal information in the following situations:
* With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to advertise on third party websites to You after You visited our Service, for payment processing, to contact You.
* For Business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company.
* With Business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
* With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.
Retention of Your Personal Data :
(for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data :
Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing of your processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ from the use of than those from Your jurisdiction.
Disclosure of Your Personal Data :
Business Transactions :
Law enforcement :
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements :
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
* Comply with a legal obligation
* Protect and defend the rights or property of the Company
* Prevent or investigate possible wrongdoing in connection with the Service
* Protect the personal safety of Users of the Service or the public
* Protect against legal liability
Security of Your Personal Data :
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Detailed Information on the Processing of Your Personal Data :
Service Providers have access to Your Personal Data only to perform their tasks on Our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Service providers to monitor and analyze the use of our Service.
* Google Analytics
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: <https://policies.google.com/privacy?hl=en>
Email Marketing :
We may use Your Personal Data to contact You with newsletters, marketing or promotional materials and other information that may be of interest to You.You may opt-out of receiving any, or all, of these communications from Us by following the unsubscribe link or instructions provided in any email We send or by contacting Us.
We may use Email Marketing Service Providers to manage and send emails to You.
* Constant Contact
Constant Contact is an email marketing sending service provided by Constant Contact, Inc.
Behavioral Remarketing :
Facebook remarketing service is provided by Facebook Inc. You can learn more about interest-based advertising from Facebook by visiting this page: <https://www.facebook.com/help/164968693837950>
To opt-out from Facebook’s interest-based ads, follow these instructions from Facebook:
Facebook adheres to the Self-Regulatory Principles for Online Behavioural Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA <http://www.aboutads.info/choices/>, the Digital Advertising Alliance of Canada in Canada <http://youradchoices.ca/> or the European Interactive Digital Advertising Alliance in Europe <http://www.youronlinechoices.eu/>, or opt-out using your mobile device settings.
For more information on the privacy practices of Facebook, please visit Facebook’s Data Policy: <https://www.facebook.com/privacy/explanation>
We may provide paid products and/or services within the Service. In that case, we may use third-party services for payment processing (e.g. payment processors).
When You use Our Service to pay a product and/or service via bank transfer, We may ask You to provide information to facilitate this transaction and to verify Your identity.
GDPR Privacy :
Legal Basis for Processing Personal Data under GDPR :
We may process Personal Data under the following conditions:
* Consent: You have given Your consent for processing Personal Data for one or more specific purposes.
* Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement with You and/or for any pre-contractual obligations thereof.
* Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which the Company is subject.
* Vital interests: Processing Personal Data is necessary in order to protect Your vital interests or of another natural person.
* Public interests: Processing Personal Data is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company.
* Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by the Company.
In any case, the Company will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
Your Rights under the GDPR :
The Company undertakes to respect the confidentiality of Your Personal Data and to guarantee You can exercise Your rights.
* Request access to Your Personal Data. The right to access, update or delete the information We have on You. Whenever made possible, you can access, update or request deletion of Your Personal Data directly within Your account settings section. If you are unable to perform these actions yourself, please contact Us to assist You. This also enables You to receive a copy of the Personal Data We hold about You.
* Request correction of the Personal Data that We hold about You. You have the right to to have any incomplete or inaccurate information We hold about You corrected.
* Object to processing of Your Personal Data. This right exists where We are relying on a legitimate interest as the legal basis for Our processing and there is something about Your particular situation, which makes You want to object to our processing of Your Personal Data on this ground. You also have the right to object where We are processing Your Personal Data for direct marketing purposes.
* Request erasure of Your Personal Data. You have the right to ask Us to delete or remove Personal Data when there is no good reason for Us to continue processing it.
* Request the transfer of Your Personal Data. We will provide to You, or to a third-party You have chosen, Your Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which You initially provided consent for Us to use or where We used the information to perform a contract with You.
* Withdraw Your consent. You have the right to withdraw Your consent on using your Personal Data. If You withdraw Your consent, We may not be able to provide You with access to certain specific functionalities of the Service.
Exercising of Your GDPR Data Protection Rights :
You may exercise Your rights of access, rectification, cancellation and opposition by contacting Us. Please note that we may ask You to verify Your identity before responding to such requests. If You make a request, We will try our best to respond to You as soon as possible.
You have the right to complain to a Data Protection Authority about Our collection and use of Your Personal Data. For more information, if You are in the European Economic Area (EEA), please contact Your local data protection authority in the EEA.
CCPA Privacy :
Your Rights under the CCPA :
* The right to notice. You must be properly notified which categories of Personal Data are being collected and the purposes for which the Personal Data is being used.
* The right to access / the right to request. The CCPA permits You to request and obtain from the Company information regarding the disclosure of Your Personal Data that has been collected in the past 12 months by the Company or its subsidiaries to a third-party for the third party’s direct marketing purposes.
* The right to say no to the sale of Personal Data. You also have the right to ask the Company not to sell Your Personal Data to third parties. You can submit such a request by visiting our “Do Not Sell My Personal Information” section or web page.
* The right to know about Your Personal Data. You have the right to request and obtain from the Company information regarding the disclosure of the following:
* The categories of Personal Data collected
* The sources from which the Personal Data was collected
* The business or commercial purpose for collecting or selling the Personal Data
* Categories of third parties with whom We share Personal Data
* The specific pieces of Personal Data we collected about You
* The right to delete Personal Data. You also have the right to request the deletion of Your Personal Data that have been collected in the past 12 months.
* The right not to be discriminated against. You have the right not to be discriminated against for exercising any of Your Consumer’s rights, including by:
* Denying goods or services to You
* Charging different prices or rates for goods or services, including the use of discounts or other benefits or imposing penalties
* Providing a different level or quality of goods or services to You
* Suggesting that You will receive a different price or rate for goods or services or a different level or quality of goods or services.
Exercising Your CCPA Data Protection Rights :
In order to exercise any of Your rights under the CCPA, and if you are a California resident, You can email us
The Company will disclose and deliver the required information free of charge within 45 days of receiving Your verifiable request. The time period to provide the required information may be extended once by an additional 45 days when reasonably necessary and with prior notice.
Do Not Sell My Personal Information :
We do not sell personal information. However, the Service Providers we partner with (for example, our advertising partners) may use technology on the Service that “sells” personal information as defined by the CCPA law.
If you wish to opt out of the use of your personal information for interest-based advertising purposes and these potential sales as defined under CCPA law, you may do so by following the instructions below.
Please note that any opt out is specific to the browser You use. You may need to opt out on every browser that you use.
You can opt out of receiving ads that are personalized as served by our Service Providers by following our instructions presented on the Service:
* From Our “Cookie Consent” notice banner
* Or from Our “CCPA Opt-out” notice banner
* Or from Our “Do Not Sell My Personal Information” notice banner
* Or from Our “Do Not Sell My Personal Information” link
The opt out will place a cookie on Your computer that is unique to the browser You use to opt out. If you change browsers or delete the cookies saved by your browser, you will need to opt out again.
Mobile Devices :
Your mobile device may give you the ability to opt out of the use of information about the apps you use in order to serve you ads that are targeted to your interests:
* “Opt out of Interest-Based Ads” or “Opt out of Ads Personalization” on Android devices
* “Limit Ad Tracking” on iOS devices
You can also stop the collection of location information from Your mobile device by changing the preferences on your mobile device.
“Do Not Track” Policy as Required by California Online Privacy Protection Act (CalOPPA)
Our Service does not respond to Do Not Track signals. However, some third party websites do keep track of Your browsing activities.
If You are visiting such websites, You can set Your preferences in Your web browser to inform websites that You do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of Your web browser.
Children’s Privacy :
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.
Links to Other Websites :
Our Service may contain links to other websites that are not operated by Us.
The payment processors we work with are:
PayPal or VHX Corp (or “Vimeo”)
* By email: email@example.com
If you will access your account through the Site, you will do so by means of a protected Login ID/Password that you will select. It is your responsibility to guard this information and keep it confidential. Therefore, you authorize the Company to treat any resulting transactions, obligations or liabilities as if you used the Services and the Program yourself.
The Company may from time to time change the terms and conditions and/or rules that govern your membership in the Program (including, without limitation, your receipt or use of the Services) and/or use of the Site. This may include establishing policies and limitations concerning your personal journal hosted at the Site. You agree that the Company shall not be liable to you or any third party for any modification, suspension or discontinuance of any of the Services, any document, information or other content on the Site. THE COMPANY MAY FROM TIME TO TIME, WITHOUT PROVIDING ANY NOTICE, CHANGE, MODIFY, SUBSTITUTE, ADD OR DELETE ANY ASPECTS OF ITS BUSINESS AND OPERATIONS, INCLUDING, WITHOUT LIMITATION, ANY SERVICES PROVIDED THEREUNDER, OR FEE STRUCTURE, TERMS AND CONDITIONS, APPLICABLE TO YOUR USE OF THE SITE OR ANY PART THEREUNDER. SUCH CHANGED TERMS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING TO THE WEB SITE. ANY USE OF THE PROGRAM AND/OR THE SITE BY YOU AFTER SUCH NOTICE SHALL BE DEEMED TO CONSTITUTE ACCEPTANCE BY YOU OF THE CHANGED TERMS.
Your Membership and the right to use the Site is not transferable. Any password or right given to you to obtain information or documents through the use of the Services is not transferable. You may not disclose to or share your password with any third party or use your password for any unauthorized purposes.
9. Unsolicited Submissions.
We do not knowingly accept or consider creative ideas, suggestions or materials that we do not specifically request from you. We ask that you do not submit or send any such materials directly to us. If you nevertheless send creative suggestions, ideas, notes, drawings, concepts, materials or other information (collectively, the “Material”) to us, such Material shall become our property, and we shall have the right to display, copy, use, sublicense, transmit, publicly perform and/or publish such Material for any purpose we desire, whether now or hereafter invented . In addition, you waive all “moral rights” in the Materials and agree that none of the Material shall be subject to any compensation, obligation of confidentiality on the part of the Company.
10. License to Us.
By submitting content to any public or non-public area of the Site, including message boards, forums, contests and chat rooms, you grant the Company and its affiliates the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content, and the right to license others to do the same. You also permit any user to access, display, view, store and reproduce such content for personal use or for the organization’s internal use for the purposes described on the Site. Subject to the foregoing, the copyright owner of such content placed on the Site retains any and all rights that may exist in such content.
11. Copyright Infringement.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information, as required by the DMCA: (a) an electronic or physical signature of the person authorized to act on behalf or the owner of the copyright interest; (b) identification of the copyrighted work that you claim has been infringed; (c) identification of the material that you claim is infringing and where such material is located on the Site; (d) your address, telephone number, and e-mail address; (e) 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 (f) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Send the above information to firstname.lastname@example.org.
12. Links and Advertisers
The Site may contain links to other Websites. We are not responsible for the content, accuracy or opinions expressed in such Websites, and such Websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk. THE EXISTENCE OF A LINK TO A THIRD PARTY’S SITE DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION BY THE COMPANY BEYOND WHAT MIGHT BE SPECIFICALLY PROVIDED FOR. THE SITE MAY CONTAIN ADVERTISING AND SPONSORSHIPS. ADVERTISERS AND SPONSORS ARE RESPONSIBLE FOR ENSURING THAT MATERIAL SUBMITTED FOR INCLUSION ON THE SITE IS ACCURATE AND COMPLIES WITH APPLICABLE LAWS. WE ARE NOT RESPONSIBLE FOR THE ILLEGALITY OR ANY ERROR, INACCURACY OR PROBLEM IN THE ADVERTISER’S OR SPONSOR’S MATERIALS. THE COMPANY DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGES ARISING FROM THE CONTENT OR PROVISION OF SERVICES OF ANY THIRD PARTY SERVICE OR RESOURCE. THIRD PARTY CONTENT MAY APPEAR ON THE SITE OR MAY BE ACCESSIBLE VIA LINKS FROM THE SITE. WE ARE NOT RESPONSIBLE FOR AND ASSUME NO LIABILITY FOR ANY MISTAKES, MISSTATEMENTS OF LAW, DEFAMATION, OMISSIONS, FALSEHOOD, OBSCENITY, PORNOGRAPHY OR PROFANITY IN THE STATEMENTS, OPINIONS, REPRESENTATIONS OR ANY OTHER FORM OF CONTENT ON THE SITE. YOU UNDERSTAND THAT THE INFORMATION AND OPINIONS IN THE THIRD PARTY CONTENT REPRESENT SOLELY THE THOUGHTS OF THE AUTHOR AND IS NEITHER ENDORSED BY NOR DOES IT NECESSARILY REFLECT OUR BELIEF.
13. Disclaimer and Limitation of Liability
ALL INFORMATION ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. THE COMPANY DOES NOT WARRANT THE ACCURACY OF INFORMATION CONTAINED ON ITS CONSTITUENT WEB SITES OR THOSE OF THIRD PARTIES. NOTHING ON THE SITE INTENDED TO BE CONSTRUED AS MEDICAL ADVICE; USERS SHOULD SEEK THE ADVICE OF A QUALIFIED MEDICAL PRACTITIONER BEFORE ENGAGING IN ANY HEALTH-RELATED REGIMEN. ALL SERVICES PROVIDED BY THE COMPANY THROUGH THE PROGRAM AND ON THE SITE ARE PROVIDED “AS IS” TO THE MAXIMUM EXTENT POSSIBLE BY LAW. THE COMPANY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY THAT THE SERVICES SUPPLIED ARE OF A REASONABLY ACCEPTABLE QUALITY. THE COMPANY DOES NOT WARRANT THAT FUNCTIONS CONTAINED ON THE WEB SITE WILL BE UNINTERRUPTED OR ERROR- OR VIRUS-FREE. THE COMPANY DOES NOT WARRANT OR REPRESENT THE USE OF THE CONTENTS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONTINGENT, CONSEQUENTIAL, RELIANCE, OR SPECIAL DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS OR REVENUES. THE COMPANY SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS BY THIRD PARTIES TO YOUR TRANSMISSION FACILITIES OR ANY SIMILAR EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS, OR DESTRUCTION OF YOU NETWORK, APPLICATIONS, DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH ACCIDENT, FRAUD, OR ANY OTHER METHOD. THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGE THAT YOU MAY SUFFER ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE SERVICES OR FACILITIES PROVIDED BY Flowing Wakefulness B.V. OR THE MEMBERSHIP PROGRAM, OR IN CONNECTION WITH THE SALE OF PRODUCTS OR SERVICES OF OTHER MEMBERS OR USERS VIA THE WEB SITE, INCLUDING WITHOUT LIMITATION THE BREACH OF ANY OBLIGATION IMPOSED ON CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF I-I WERE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. REGARDLESS OF SUCH CHARGE, THE COMPANY LIMITATIONS OF LIABILITY IN ALL EVENTS IS LIMITED TO, AND SHALL NOT EXCEED, ANY FEES PAID TO THE PROGRAM IN THE PREVIOUS SIX (6) MONTHS. YOU ACKNOWLEDGE BY YOUR MEMBERSHIP IN THE PROGRAM AND YOUR USE OF SERVICES PROVIDED THEREUNDER THAT SUCH MEMBERSHIP AND USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS IN CONNECTION WITH YOUR USE OF THE SITE, AND THAT THE COMPANY SHALL NOT IN ANY FORM WHATSOEVER BE LIABLE FOR DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE. THESE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, OR TORT, AND SHALL SURVIVE FAILURE OF ANY EXCLUSIVE REMEDY.
You agree to defend, indemnify and hold the Company and the Program, its subsidiaries, affiliates, successors and assigns, and their respective shareholders, directors, officers, employees and agents harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or relating to your improper use or receipt of the Program, the Services, or otherwise in connection with Flowing Wakefulness B.V., the Site, the Program, or any violation by you of this Agreement including, without limitation, any errors, inaccuracies, misrepresentations or defects in any materials or information submitted by you.
15. User Information.
You authorize us to charge you for use of the Services, at the posted prices, (such prices subject to change at any time by the Company without any specific notice to you, beyond posting notification on the website), at such times as you specify upon enrollment and continuing until you cancel your membership. All payments shall be made in Euro or United States dollars. You represent and warrant that: (i) any credit card or other payment information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you are responsible to pay the charges incurred by you at the posted prices, including any applicable taxes.
All Online Course Purchases are Final and Non-Refundable. Once the course is purchased/accessed, no refund will be granted for any technical reason such as bandwidth issues, loading issues, etc…. All online training courses are tested extensively on all types of systems, browsers, and devices. We can assist you to get started with the course, via the support email address stated in the Online Course details, if you are having any trouble.
In case you attend an Online Course and you decide that the content is not what you paid for, you may withdraw from the Online Course by notifying email@example.com on the same day of that first session. This is the only condition under which a refund will be granted.
Multiple payments for the same course: In case you have made extra payments for the same course (the same course bought multiple times), a refund will be issued upon request.
If purchasing items through the Site, refund policies, if any, shall be posted on the purchase page(s). If no provision for refunds is explicitly stated, then there shall be no refunds for the product or service after purchase.
Bookings for live events are non-refundable. However, if you are unable to attend the event you booked for, you may apply your booking fee to a future Flowing Wakefulness event within one year after the start date of the event that you have not attended under these conditions:
For a credit of 100% of your booking fee, you must cancel 120 full days before the start of the event. Otherwise a credit of 80% of your booking fee can be applied as we will already have incurred costs in your name.
If an event is cancelled due to an imposed travel ban, 100% of your payment can be used as credit towards future events of your choosing.
No refund or credit is given if you leave an event early. In the unlikely event that you are asked to leave an immersion early, you are entitled to a prorated refund (the full cost of the immersion minus a 20% deposit and the cost of room and board for the duration of your stay).
18. Event Participation Agreement
By participating in an event with Igor Kufayev, you agree to the following statement:
“ Igor Kufayev is not a medical doctor or mental health practitioner, and his teaching and/or participation in this event is not a substitute for medical or psychological advice and/or treatment. In case I am currently in psychological, psychiatric, or psychotherapeutic treatment and/or taking any psychiatric medications, I agree to immediately disclose this to Igor Kufayev by writing to firstname.lastname@example.org. All communications are held confidential. Failure to disclose this information to Igor Kufayev prior to the beginning of the event may result in being asked to leave the event without a refund.
I accept full responsibility for myself and my actions within and outside of this retreat program, and I hold harmless and release from any liability, Igor Kufayev, Flowing Wakefulness, and its volunteers.
All events with Igor Kufayev are recorded. “I grant unrestricted rights to Igor Kufayev, Flowing Wakefulness and its volunteers and assignees to take, store and use my image, name, voice and likeness for written, audio and/or visual presentations on behalf of the organization. I understand that the written, audio and/or visual presentations may be used in print, broadcast and online promotions without restriction, in any format and without remuneration. I acknowledge that I do not own the copyright of the footage or contributions and that the copyright and all other rights in respect of my performance and the footage is hereby assigned to Flowing Wakefulness. If I wish to withhold or withdraw this grant of rights before they have been used and published by Flowing Wakefulness, I may do so by writing to the organization at email@example.com.
Flowing Wakefulness may also take and store my contact details on its database in case it needs to contact me.
In the unlikely event of a dispute or disagreement, or if Igor Kufayev, as the leader of this event, deems it unsafe for me to participate, Igor Kufayev reserves the right to refund my payment (with the exception of the non-refundable deposit and the cost of room and board for the duration of my stay), and ask me to leave the immersion.”
You will be asked to sign the participation agreement in printed form at the start of a live event.
19. Complete Agreement
If any provision of this Agreement shall be deemed illegal or unenforceable, such illegality or unenforceability shall not affect the validity and enforceability of any other legal provision hereof, which together shall then be construed as if such illegal and unenforceable provision or provisions had not been inserted herein, unless such illegality or unenforceability shall destroy the underlying business purpose of this Agreement.
Any claim, dispute, or controversy whether in contract, tort, pursuant to statue or regulation or otherwise, whether pre-existing, present or future, arising out of or relating to this Agreement will be referred to and determined by arbitration to the exclusion of the courts. You agree to waive any right you may have to commence or participate in any class action against us related to any claim and, where applicable, you also agree to opt out of any class action proceeding against us. Should you believe that you have a claim, you must give written notice to the Program of your intention to arbitrate, and similarly, the Program will do the same with you. The arbitration shall be pursuant to the laws and rules relating to commercial arbitration in the province of Antwerp, Belgium.
22. Jurisdiction and Governing Law
This Agreement is governed by and shall be construed in accordance with the laws of the Kingdom of Belgium, without regard to the choice of law provisions, and you hereby submit to the exclusive jurisdiction of the courts of the Kingdom of Belgium. Thus, you agree and acknowledge that your use of any and all Services, the Program and the Site shall be deemed to have occurred and taken place solely in the Kingdom of Belgium.