Terms & Conditions
Welcome to Emergence Magazine’s website, www.emergencemagazine.org (the “Site”). The Site is made available by Spiritual Ecology, LLC (“SE,” “we,” or “us”), located at 2 Inverness Way, Inverness, California 94937, United States of America.
4. Prohibited Use. Except as noted in Section 5 below, any commercial or promotional distribution, publishing, or exploitation of the Site, or any content, code, data, or materials on the Site, is strictly prohibited unless you have received the express prior written permission from authorized personnel of SE or the otherwise applicable rights holder. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell, or otherwise exploit any content, code, data, or materials on or available through the Site. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose any of the content, code, data, or other materials on or made available through the Site (this includes, without limitation, the alteration or removal of any Trademarks (as defined in Section 6 below) or any other proprietary content or proprietary rights). If you make other use of the Site, or the content, code, data, or materials thereon, except as otherwise provided above, you may be subject to liability for such unauthorized use, including, without limitation, for violations of copyright, trademark, and other applicable laws.
5. Educational Materials. With respect to that specific content on the Site clearly designated as available for download for educational purposes (“Educational Content”), librarians, teachers, support staff, administrators, and other staff of educational institutions are authorized to download, print, reproduce, and distribute such Educational Content as may be beneficial for use in educational settings. This limited authorization extends only as far as is necessary to directly benefit students. Educational Content subject to this Section 5 may not be disseminated beyond the user’s particular educational institution, and may under no circumstances be used for commercial purposes. Content used for any purpose, including educational purposes, must always maintain unaltered copyright and other proprietary notices. Educational Content may not be re-posted, framed, or mirrored on any other websites or computer networks, regardless of educational use.
6. Trademarks. The trademarks, logos, service marks, and trade names (collectively the “Trademarks”) displayed on the Site, or on content available through the Site, are registered and unregistered Trademarks of ours and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders, or that are likely to cause customer confusion, or in any manner that disparages or discredits the rights holders. All Trademarks not owned by us that appear on the Site or on or through the Site’s services, if any, are the property of their respective owners. Nothing contained on the Site grants, by implication, estoppel, or otherwise, or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks displayed on the Site without our written permission or that of the third party rights holder.
By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are not confidential or secret, and no confidential or fiduciary relationship is intended or created between you and us in any way; and, you (ii) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any “moral rights” in Submitted Materials have been waived, or that you have the copyright owner’s written permission to use any Submitted Materials.
You retain ownership of any intellectual property rights you have in your own Submitted Materials, but, except for those materials submitted by you in accordance with our Submission Guidelines, by uploading Submitted Materials to the Site, you are granting SE and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable, and sub-licensable right and license to use, host, store, copy, reproduce, modify, adapt, print, publish, translate, create derivative works or new works such as translations from, distribute, publish, publicly perform, display, and distribute such content (in whole or part), and/or to incorporate the content in other works in any form, media, or technology now known or later developed, including for promotional and/or commercial purposes, and to authorize others to do so.
SE will not accept responsibility for any information included in any Submitted Materials created, transmitted, or posted by users (for example, without limitation, websites, tweets, blog posts, or any comments to blog posts created or posted by users). Such content is the sole responsibility of the individual or entity that makes it available on the Site. You alone are responsible for the content and consequences of any and all of your activities, and you submit Submitted Materials at your own risk. You don’t have any claims against SE for any Submitted Materials. We also cannot be responsible for maintaining any Submitted Materials that you provide to us. We may delete or destroy any Submitted Materials at any time, in our sole discretion.
SE will take down all content that violates another’s rights, including their copyrights, pursuant to the provisions of our Copyright Notice.
SE assumes no responsibility for intellectual property infringement of Submitted Materials by third parties.
9. Prohibited User Conduct. You may not submit any content to the Site that is false, defamatory, objectionable or otherwise illegal. You warrant and agree that, while using the Site and the services and features offered on or through the Site, you shall not: (a) impersonate any person or entity, whether actual or fictitious, including anyone from SE, or www.emergencemagazine.org, or its affiliates, or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding, or other promotional content into any of the Site’s content or materials, or use, redistribute, reuse, republish, repurpose or otherwise exploit such content or service for any purpose or reason, including without limitation, further commercial or promotional purposes; (c) attempt to gain unauthorized access to other computer systems through the Site; or (d) use the Site or the services offered via the Site in any unlawful, harassing, or intimidating manner, or in any manner that harms us or any other person or entity, as determined in our sole discretion.
12. Linking to the Site. You agree that if you include a link from any other site to the Site, such link shall link to the full version of an HTML formatted page of the Site. You are not permitted to link directly to any image hosted on the Site or our services via the Site, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another Site. You agree not to link from any other site to this Site in any manner such that the Site, or any page of the Site, is “framed,” surrounded, or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Site be discontinued, that the link opens in a new browser window, and/or to revoke your right to link to the Site from any other site at any time upon written notice to you.
16. WARRANTY DISCLAIMER. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS, PRODUCTS, AND MATERIALS PROVIDED THROUGH THE SITE, ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS, CONTENT, OR INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND SE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND DISTRIBUTORS HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE’S FEATURES, SERVICES, AND YOUR USE OF THE SAME.
SE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OF THE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO SE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR: (i) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, LINKED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE PROTECTED ENTITIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (ii) ANY PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE; (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (iv) THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS, SERVICES AND FUNCTIONS RELATED THERETO; (v) YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (vi) ANY BUGS, SPYWARE, VIRUSES, WORMS, TROJAN HORSES, MALWARE, OR ANY OTHER MALICIOUS SOFTWARE THAT MAY INFECT YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE SITE.
NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS, OR MATERIALS PROVIDED THROUGH THE SITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE OR PROVIDED SERVICES WILL MEET USERS’ REQUIREMENTS.
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR OWN SOLE RISK AND SE HAS NO LIABILITY FOR ANY LOSS CAUSED TO YOU DUE TO ANY AUTHORIZED ACCOUNT WITH SE.
SE ASSUMES NO RESPONSIBILITY FOR INTELLECTUAL PROPERTY INFRINGEMENT BY THIRD PARTIES OF ANY PERSONAL DATA, USER PHOTOGRAPHS, AND/OR SUBMITTED MATERIALS.
SE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED FEATURES, AND SE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE WILL NOT BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE.
UNDER NO CIRCUMSTANCES DOES YOUR USE OF THE SITE FORM ANY RELATIONSHIP, WHETHER IMPLIED OR EXPRESS, WITH SE. SE HEREBY DISCLAIMS ANY SUCH RELATIONSHIP AND ANY LIABILITY ARISING AS A RESULT OF ITS USE OF ANY CONTENT, INCLUDING, WITHOUT LIMITATION, MESSAGES, COMMENTS OR CONTRIBUTIONS, CONTAINED ON THE SITE.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, SE AND ITS AFFILIATES, SUPPLIERS, AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES PROVIDED VIA THE SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS, AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH SE OR ITS AGENTS.
This Copyright Notice describes Spiritual Ecology, LLC’s (hereinafter, “SE,” “we,” or “us”) current policies and practices with regard to intellectual property rights in connection with the website www.emergencemagazine.org, and any subdomains thereof (the “Site”).
SE respects the intellectual property rights of others and expects users of the Site to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your work has been copied in a way that constitutes copyright infringement, please send us a written communication that includes the following requirements pursuant to 17 U.S.C. SS 512(c)(3) of the Digital Millennium Copyright Act (“DMCA”):
1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at the SE Site are covered by a single notification, a representative list of such works at the Site.
3. Identification of the material that is claimed to be infringing, or to be the subject of infringing activity, and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit SE to locate the material. Providing URLs is the best way to help SE to quickly locate the offending content.
4. Information reasonably sufficient to permit SE to contact you, such as an address, telephone number, and if available an email address at which you may be contacted.
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We reserve the right to remove content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, SE will also terminate a user’s account if the user is determined to be a repeat infringer.
Our designated copyright agent for notice of alleged copyright infringement appearing on the Site is:
Cynthia R. Rowland
Coblentz, Patch, Duffy & Bass LLP
One Ferry Building, Suite 200
San Francisco, CA 94111-4213
United States of America
Please note that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages under Section 512(f) of the DMCA.
If, pursuant to the receipt of a copyright notice as set forth above, or otherwise, we remove or disable access to content, and you feel that the removal or disabled access was in error, you may send us a counter-notice. If you elect to send us a counter-notice, you must provide a written communication to SE’s designated agent (see above) that includes substantially the following:
1. Either a physical or electronic signature of the submitter.
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3. A statement, under penalty of perjury, that the submitter has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. The submitter’s name, address and telephone number and a statement that the submitter consents to the jurisdiction of the Federal Court, Northern District of California, and that the submitter will accept service of process from the person who provided the notice under the DMCA of alleged infringement, or an agent of that person.
1. Notification of Changes to This Policy. SE is continually improving and adding new functionality and features to its Site and improving and adding to our existing products, services, and programs. Because of these ongoing changes, changes in the law, and the changing nature of technology, SE’s data collection and retention practices will change from time-to-time. Accordingly, we encourage you to check this page frequently. This policy was last updated in January, 2018.
2. Personal Data Collected Through the Site. Other than cookies, as described below, the only Personal Data SE currently collects through its Site is the information you voluntarily give us when you use the Site and its related services. For example, you may use the Site to contact SE with questions and comments. When you fill out a form on the Site, you may provide your name and other contact information, including your company’s name, your e-mail address, your mailing address or the mailing address of your company, or other Personal Data. If you would like to purchase a product or service offered via the Site, we will require that you provide financial, billing, and shipping information. Contact information from the order form is used to send orders and information about SE to you. You are providing any and all such information voluntarily. When you submit information to us through the Site, you may receive a confirmation e-mail if you enter a valid e-mail address. When you use our Site to search for information, you are not providing us with any Personal Data. We offer the search features as a service to you. SE does not collect or retain any identifying information about you when you use the search features of our Site. You may opt-out of receiving future communications from SE by sending a request via email to email@example.com.
3. Use of Personal Data Collected Through the Site. SE uses the Personal Data and information you provide to answer your question or resolve your problem. SE and our affiliates may also use this information to help us improve the content and functionality of our Site, to better understand our customers and markets, and to improve our products and services. SE and our affiliates may use this information to contact you in the future to tell you about products or services we believe will be of interest to you. If we do so, each communication we send you will contain instructions permitting you to “unsubscribe” from receiving future communications.
4. Anonymous Data Collected Through the Site. In addition to the Personal Data and information you provide when you use the Site, SE may use technology to collect anonymous information about the use of our Site, and the demographics of our visitors. For example, we may use technology to track how many visitors access our Site, the kinds of people they are, the date and time of their visit, the length of their stay, which pages they view, where they come from, how they found the Site content, and how engaged they are. We may also track traffic patterns and how visitors are utilizing our Site, for instance how visitors find our Site, and what path visitors take once on our Site. We may also use technology to determine which web browsers our visitors use and the IP address or URL from which they accessed our Site. We may also collect device-specific information, such as your hardware model, operating system version, and unique device identifiers. These are only examples, and not a full list of the anonymous information we may collect. However, this technology does not identify you personally. It simply enables us to compile statistics about our visitors and their use of the Site. SE and our affiliates may use this anonymous data and share it with third parties to improve the content and functionality of our Site, to better understand our customers and markets, and to improve our products and services.
Typically, to purchase and deliver products or services via the Site, SE will require that you provide your accurate name and email address. To the extent that SE requires that you provide your name and email address, we will maintain that information to communicate with you and confirm delivery of your order, if any, and we will also maintain that information to comply with any legal obligations or for the administration of justice.
While no method of data transmission is guaranteed against unlawful third party interception or other misuse, SE uses commercially reasonable efforts to ensure protection of your data including industry-standard encryption and offline security methods in our physical facilities.
7. Children. SE does not knowingly collect Personal Data from children under the age of 13. If you are under 13, please do not transmit any Personal Data to SE or through the Site. If you have reason to believe that a child has provided Personal Data to SE, please contact us, and we will try to delete that information from our databases.
SHIPPING AND REFUNDS
Orders for Products and Services. We may make certain products and/or services available to visitors of the Site. You may only order products if, and you hereby represent and warrant that, you are 18 years old or older. You agree to pay in full the prices for any purchases you make by credit/debit card concurrent with your online order, or by other payment means acceptable to SE. You agree to pay all applicable taxes. Orders from outside of California, United States of America, WILL NOT be charged sales tax. Orders within the state of California will be charged 8.5% sales tax. If payment is not received by us from your credit or debit card issuer or its agents you agree to pay all amounts due upon demand by us. Certain products or services that you purchase and/or download on or through the Site may be subject to additional terms and conditions presented to you at the time of such purchase or download or thereafter.
If you choose to pay by credit or debit cards, our customer checkout form requires billing information that corresponds with your credit/debit card to protect us and the public against credit card fraud. SE uses commercially reasonable efforts to ensure protection of your data including industry-standard encryption and offline security methods in our physical facilities.
All sales are final, we do not offer refunds for items purchased on our Site. If there is a physical problem with the product please contact firstname.lastname@example.org.
SE will make every effort to ship any items purchased through the Site from our facility in Inverness, California, United States of America, as quickly as possible from the date of payment. All packages are sent via United States Postal Service. Shipping fees are included in the original price of all products sold on the Site.