Welcome to The Enthusiastic Buddhist website. This site provides a service to Users to access blog posts and video streamed over the Internet to computers, mobiles, internet-connected TV’s and other devices.
You should carefully read and agree to this Agreement each time you use our Services. While The Enthusiastic Buddhist hopes not to have to alter this Agreement, it is likely that changes will be required from time to time. We reserve the right to change, modify, add or remove sections of this Agreement and to add, change, suspend or discontinue the Services, or any aspect of the Service at any time, and without liability. By using our Site, you agree to the then current version of this Agreement applied to your use of the Services. The current Agreement can always be found on our website www.enthusiasticbuddhist.com and will supersede any previous versions.
By using our Services, you consent to receiving electronic communications from The Enthusiastic Buddhist if you opt-in to our mailing list. These communications may be sent by email to your email address provided at the time of signing up. These emails may include, but are not limited to, notices of new blog posts, articles and videos, or promotions related to our Members’ Site, pilgrimages or other products. Notices will be deemed received and properly served immediately when posted on our Services or when an email is sent. In proving the service of any notice, it will be sufficient to prove that such email was sent to the specified email address of the addressee.
You also consent to receiving other electronic communications from us, such as newsletters, promotions, special offers or customer feedback surveys. If you do not wish to receive emails from us, you may unsubscribe to them by clicking on the Unsubscribe link at the bottom of the email.
Subject to availability, our Services can be accessed, from time to time, on one or more of the following types of devices (‘Device’):
a. internet enabled laptop and desktop computers;
b. internet enabled televisions;
c. internet enabled tablet computers; or
d. internet enabled mobile phones.
You acknowledge that our Services may not work on all Devices that fall within the list of device types set out above.
To enjoy our Site, you are responsible for ensuring that you are able to access our Services through your own Device and that your Internet speed and connection is suitable for streaming our Services.
Restrictions on the Use of the Services and Content
The Enthusiastic Buddhist website and any content viewed through our Service, is for your personal and non-commercial use only. As a User, we grant you a limited, non-exclusive, non-transferable license to access our Service and view video on a streaming-only basis. Other content accessible by Users include blog posts or articles. Collectively herein videos, blog posts and articles shall be known as ‘Content’. Except for the foregoing limited license, no right, title or interest shall be transferred to you. The delivery of Content does not transfer to you any commercial or promotional use rights in the Content.
You must not and not authorize, allow or assist any other person to copy, reproduce, stream, broadcast, display, sell, rent, lease, communicate or re-transmit the Content made available to you: a) to the public or in a public area; b) to another person; or c) for commercial purposes.
You may not duplicate or otherwise reproduce (including but not limited to “burning”) the Content, or any portion thereof, onto any physical medium, memory or Device, including but not limited to, any computers or other hardware, or other medium now known or hereinafter devised.
As a User you must not:
a. use the Services for any activities or post or transmit to or via the Services, any information or materials which breach any laws or regulations, breaches this Agreement, infringes any third party’s rights, or are contrary to any applicable standards or codes;
b. attempt to gain unauthorized access to any profiles, computer systems or networks associated with our Services;
c. use another’s name or username without due authorization;
d. tamper with, hinder the operation of, or make unauthorized modifications to our Services;
e. knowingly transmit any viruses, worms, Trojan horses or other malware via our Services;
f. use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of our Services unless given permission;
g. modify, adapt, translate, or reverse engineer any portion of our Services;
h. remove any copyright, trade mark or other proprietary rights notices contained in or on our Services;
i. reformat or frame any portion of the web pages that are part of our Services;
j. create User accounts by automated means or under false or fraudulent pretenses;
k. use our Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that which may be deemed threatening or obscene;
l. take any action that imposes, or may impose in our sole opinion, an unacceptable or disproportionately large load on our IT infrastructure;
m. access our Services except through the interfaces provided by us;
n. obtain or attempt to obtain any material or information through any means not intentionally made available or provided for through our Services;
p. create derivate works of, modify, disable or alter our Services or Interfaces made available to you or any security, encryption or anti-piracy software or technology included our Services; or
q. attempt any of the above acts or permit another person to do any of the above acts.
You acknowledge that there may be restrictions on your ability to stop, rewind and replay Content that you stream as part of the streaming services and that you may only have access to certain Content within a set period of time.
When uploading photos, posting comments or any type of content (collectively ‘User Content’) on our Services:
a. you agree to only post relevant User Content;
b. you agree to not post any commercial advertisements, affiliate links, and other forms of solicitation;
c. you must not post User Content that is unlawful or prohibited by this Agreement; and
d. without limiting your obligations, you agree that it is an express condition of posting User Content to our Services that you will not post the same message or material more than once unless there is an upload failure.
Prohibited User Content is any User Content which compromises, contains, links to or otherwise references:
a. material which is defamatory, infringing, obscene, threatening, abusive, pornographic, sexual, indecent, offensive, discourteous or unprofessional;
b. material that exploits children or minors, including but not limited to nudity or partial nudity;
c. material that contains viruses, Trojan horses, worms, malicious script or other corrupted files or malware that may damage or inhibit the Site’s operations, or damage or disable any software or hardware;
d. material that advertises, solicits offers or offers to sell goods or services, or conduct or forward surveys (including but not limited to SPAM and junk emails), contests or chain letters;
e. material that promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
f. material that promotes any raffle, competition, contest or game (irrespective of whether participants must pay a fee or other consideration);
g. material that is likely to incite hatred or violence against any person or group;
h. material that infringes any copyright, trade mark, patent, other intellectual property rights or trade secrets;
i. material that is likely to harass, stalk, upset, embarrass, alarm or infringe another’s rights of publicity, confidentiality or privacy;
j. material that is likely to deceive any person, impersonate any person, or misrepresent your identity or affiliation with any person; or
k. material which otherwise violates the legal rights of others, is unlawful, promotes and assists any unlawful acts, or beaches any applicable laws or legislation.
We do not undertake any obligation to control, research, verify, validate, or approve User Content posted on our Services. However, we retain the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable laws and we may at our sole discretion notify law enforcement authorities if we discover anything we reasonably believe is unlawful on or happening through our Services. Furthermore, although we have no obligation to screen, edit or monitor any User Content posted on our Services, we reserve the right in our sole and absolute discretion to remove, screen or edit any User Content posted on the Site at any time and for any reason without notice.
By transmitting, uploading and posting User Content to our Services, you grant, and you represent and warrant that you have the right to grant to us an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit your User Content, or any portion thereof, with or without attribution, and without the requirement of any permission from or payment to you or any other person or entity. You agree to indemnify The Enthusiastic Buddhist, its directors, officers and employees from and against any loss, damage, liability, costs or expenses that are suffered or incurred in connection with any User Content or information posted on our Services or any other information you provide to us.
Use of Our Services
You acknowledge and accept that access to our Services (and any use of Content contingent upon such access) may at times be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of communication links or other equipment outside of our control.
The quality of the display of the videos and the streaming of audio through our Services may vary from computer to computer, and device to device. It may be affected by a number of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. Similarly, this can also affect the time it takes to begin streaming a video.
You acknowledge and accept that other factors that may affect your ability to stream our Services include the number of other tasks your Device is performing while streaming our Services, as well as, the amount of other traffic on our Services at the time you are streaming.
You acknowledge that streaming of our Services via the internet may involve significant internet usage. You are solely responsible for all Internet access charges. We make no representations or warranties about the quality of your watching or listening experience on your device.
By using our Service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with using our Services.
You acknowledge and agree that it is your responsibility to install anti-virus software and related protections against viruses and other programs or software with destructive properties that may be obtained by use of our Service. You are also solely responsible for creating backup copies of and replacing any User Content you post on our Services. We are not responsible for any loss, deletion, failure to store, mis-delivery or untimely delivery of any User Content you post on our Services.
You also acknowledge and agree that we may store and access personal information about you in the form of “cookies” for advertising, usage tracking and other purposes relating to the operation, use and provision of our Services. You agree that if you prohibit or restrict the use of such cookies, then your use of our Services may be limited or otherwise adversely affected.
Any disputes between Users remain solely between Users. You acknowledge and agree that we will not be party to such disputes and we are not obligated to take any actions towards resolving any such dispute. The maximum involvement that we will have during such disputes is to hide or delete (remove from public view) comments where appropriate. We do not accept any responsibility or liability in respect to your involvement in any mediation, arbitration, tribunal hearing, court proceeding or other proceedings (of whatever nature) with a User in any way arising out of or in any way connected with your dealings on or through our Services.
You agree to defend, indemnify and hold us harmless and our directors, officers and employees against any action, claim, demands, liability, costs and expenses, loss or damages (action, special, direct, indirect, incidental or consequential or punitive) or every kind and nature, known and unknown, arising out of, including but not limited to:
a. any User’s conduct of behavior in any dealings, whether on our Services or offline;
b. any disputes you have with another User;
c. any claims relating to any User encountered through or in relation to our Services; or
d. any claims to any rights in your User Content or any damages arising from your User Content.
Other Websites & Service Providers
Our Services may provide links to websites of other parties. Our Services acts as a portal for accessing these websites and we have no liability based on, or related to, other parties’ content on our Services or the linked websites, whether arising under copyright or other intellectual property rights, defamation, libel, privacy, obscenity, or any other applicable laws. We neither control nor review websites linked from our Services; as a result, we cannot endorse the information, content, services, products, practices or policies of those websites. We make no representations or warranties regarding the accuracy, availability or completeness of the content, information, or opinions of the other parties’ websites or their information displayed on our Services. You visit these websites and use the information contained therein at your own risk.
Your participation, correspondence or business dealings with any parties found on or through our Services, regarding the 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 parties. You warrant and represent that we are not responsible or liable for any loss, damage or other matters of any sort incurred as a result of any such dealings with such parties.
Intellectual Property and Copyright
All content on or available through The Enthusiastic Buddhist and all the Site’s interfaces created for devices including text, graphics, images, logos, designs, photographs, button icons, audio and video clips, digital downloads, data compilations and software, are owned and operated by The Enthusiastic Buddhist or its third party licensors and suppliers. Nothing in this Agreement constitutes a transfer of any intellectual property rights.
Unless otherwise specified, our Services and all Content accessed via our Services are for your personal and non-commercial use and we grant you a limited licence to access our Services for that purpose. You may not download (other than through temporary page caching necessary for personal use), modify, distribute, transmit, perform, display, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any Content or any information contained on, or obtained from, our Services without express written consent. Except for rights expressly granted to you, all rights in the Content are reserved by us or our licensors. Any unauthorized use or violation of this Agreement immediately and automatically terminates your right to use our Services and may subject you to legal liability.
A limited amount of Content may be marked and authorized for a User to share on their personal social media pages (e.g. Facebook, Twitter, etc.) or to be included as part of a blog, online commentary, news article or review. Such content may be shared via links back to our Site or by embedding publicly available video. This does not authorize any downloading of any Content for sharing purposes. You must not modify any of our Content and you agree not to publish any Content with other content that is known by you to be false, inaccurate, or misleading, or that is, or that encourages activity and conduct that is: (a) unlawful; (b) harmful; (c) threatening; (d) abusive; (e) harassing; (f) vulgar; (g) pornographic; (h) libelous; (i) invasive of another’s privacy; (j) hateful; (k) or racially, ethnically or otherwise objectionable.
We respect the intellectual property rights of others and expect Users to do the same. However, you agree that we are not responsible for any violations of any intellectual property rights in any User Content uploaded or posted on our Services. You understand that by using our Services that your User Content may be publicly available to others and that we have no obligation to prevent unauthorized copying, dissemination or other use.
If you believe that any User Content shown or transmitted through our Services contains or comprises a copyright infringement, please provide us with a notice containing:
a. a physical or electronic signature of the copyright owner or person authorized to act on behalf of the copyright owner;
b. a description of the copyrighted work or works that you claim have been infringed (if possible, please provide us with a location where the original or an authorized copy of the copyrighted work exists, such as the URL where it is lawfully posted);
c. a description of where the material that you claim is infringing is located on our Services (please provide the exact URL);
d. information sufficient to permit us to contact you, such as your physical address, telephone number, and email address;
e. a statement that you have a good faith belief that the use of the material you identified 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.
You may also provide us with a notice in respect of other complaints in relation to our Services and to User Content but you expressly acknowledge the limitations of our ability to act as set out in this Agreement, whether in relation to User Content prohibited conduct or otherwise.
Please note that due to security concerns, email attachments cannot be accepted. Furthermore, you acknowledge that if you fail to comply with all of the above requirements, then your notice may not be valid.
Please send your correspondence to:
c/o The Enthusiastic Buddhist
PO Box 442
Gungahlin ACT 2912
We may give notice of a claim of copyright infringement or other complaints by means of a general notice on our Services, electronic mail to a User’s email address, or by written communication sent by registered mail to a User’s address.
It is often difficult to determine if your intellectual property rights or other rights arising under or in relation to this Agreement has been violated. We may request additional information before we remove the allegedly infringing, unlawful or prohibited User Content. If a dispute develops as to the correct owner of the User Content in question, we reserve the right to remove the User Content of all disputing parties. We further reserve the right, in our sole discretion, to suspend or terminate profiles and accounts of Users who infringe the copyright, other intellectual property rights or other rights of The Enthusiastic Buddhist and/or others.
Availability of Our Services
We shall endeavor to provide continuing availability of our Services and server stability, but we shall not, in any event, be liable for service delays and interruptions or down time of the server. We cannot guarantee that our Service will be fault free. If a fault arises, please contact us through our Facebook page. We will resolve the fault as soon as we reasonably can. If necessarily, we may suspend access to our Services in order to address the fault.
Except where otherwise directed in this Agreement, you may email us at the email address provided at the beginning of this document. However, you acknowledge that the Internet is not a fully secure medium and communications may be lost, intercepted or modified. We are not liable for any damages relating to communications between you and us.
Except to the extent otherwise provided in this Agreement, for any communication you send to us by email, you agree that: (a) it is truthful; (b) it is not confidential; (c) we may use, disclose, copy or distribute the information for any purpose whatsoever, including, but not limited to reproduction, transmission, broadcast, publication or further posting; (d) we may use any ideas, concepts, non-patented inventions, know-how, and/or techniques contained in the email for any purpose whatsoever, including, but not limited to research, development, manufacturing and marketing of products without compensation; and (e) we have no obligation concerning your information.
You agree to defend, indemnify and hold harmless The Enthusiastic Buddhist and our directors, shareholders, officers, members, managers, employees, agents, successors and assigns, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable lawyer or attorneys’ fees) arising out of or related to: (a) your breach of this Agreement; (b) your use of our Services, or alleged use of our Services under your user name by any person, whether or not authorized by you; (c) your inability to use our Services; (d) any User Content, software or other material published or transmitted through our Services; (e) any claims related to Users or other parties you encounter through our Services; or (f) any breach of any representation or warranty contained herein.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
Disclaimers and No Warranties
Our Services are provided for general information purposes only. The information on our Services is made available on the basis that all Users accessing our Services assume responsibility for assessing the relevance and accuracy of its Content. To the fullest extent permitted by law, The Enthusiastic Buddhist makes no statements, representations or warranties of any kind, express or implied, as to the accuracy, completeness, reliability, or suitability for any purposes of any advice, information or other Content contained on our Services.
Any advice or Content on our Services is not to be relied upon, nor is it a substitute for medical advice by appropriate healthcare professionals. Information on our Services does not contain professional advice, and is not a substitute for obtaining independent professional advice that is relevant to your individual circumstances and it is not intended to be used to diagnose, treat, cure or prevent any disease. We are not a medical service, nor do we provide medical advice. Never disregard medical or professional advice, or delay seeking it, because of something you read or heard on our Services or a linked website. You understand and agree that The Enthusiastic Buddhist has not taken into account your specific circumstances and that your use of information on our Services is solely at your own risk.
Although research studies into meditation and mindfulness have suggested that there are certain health benefits derived from practicing such activities, The Enthusiastic Buddhist makes no claims or guarantees that this will be the case by using our Services. If you are experiencing serious medical issues or require medical advice, you should consult your doctor.
Our Services are provided “AS IS” without warranties of any kind, express or implied, including without limitation, created by law, contract or otherwise, including, but not limited to any warranties of merchantability, fitness for a particular use or purpose of (including but not limited to) any information contained on or provided by our Services, and/or any service described or promoted through our Services, including warranties with respect to infringement of any patent, copyright, or other rights of third parties.
To the fullest extent permitted by law, The Enthusiastic Buddhist makes no statements, representations or warranties of any kind, express or implied, as to the timeliness, accuracy, quality, completeness, reliability, operability, suitability, flawlessness, or availability of our Services or the Content contained on our Services. We do not warrant that our Services will be uninterrupted, timely, secure, or error free. There may be delays, omissions, interruptions and inaccuracies in the Content or other materials available through our Services. We assume no liability or responsibility for any errors or omissions in our Services, or any failures, delays, or interruptions in the provision of our Service.
We do not make any warranty as to the results to be obtained from the use of our Services; nor do we represent or warrant that our Services will meet your requirements or that they will be free from viruses or anything else that has contaminating or destructive properties. We are not responsible or liable for any such destructive or harmful software, programs, viruses or files that may infect or otherwise impact on your personal computer or other property on account of your use of our Services or downloading any material from our Services. If you rely on the Site and its Content available through our Services, you do so solely at your own risk.
We disclaim any warranties for services or goods received through any links or advertisements available on our Services, as well as for any information or advice received through such links.
Limitations on Liability
The Enthusiastic Buddhist and its affiliates, and their respective members, directors, shareholders, officers, managers, employees, agents, successors and assigns, shall not be liable for incidental, indirect, consequential, special, punitive, exemplary damages, or any damages whatsoever, including but not limited to damages for lost revenues or profits, loss of business or loss of data arising out of or in any way related to the use and performance of our Services or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in our Services, whether based on contract, tort, negligence, strict liability or otherwise. Further, we will not be responsible for any liability arising out of delay in providing any Content on our Services.
Notwithstanding any other provision of this Agreement, in no event will our liability to you for any actions or claim related to our Services provided under this Agreement, whether based on contract, tort, negligence or any other theory of liability, exceed the greater of:
• any fees collected by The Enthusiastic Buddhist from you for using our Services from the previous 12 months; or
• one hundred ($100) Australian dollars.
We will not be liable to you for any lack of performance, or the unavailability or failure, of our Services, or for any failure or delay by us to comply with this Agreement, where such lack, unavailability or failure arises from any cause beyond our reasonable control.
Our delay or failure to insist upon or enforce strict performance of any provision of this Agreement is not to be construed as a waiver of any provision or right. Any waiver of any provision of this Agreement will be effective only if in writing and signed by us.
This agreement will be governed by and construed in accordance with the laws of the Australian Capital Territory, Australia and each party agrees to submit to the exclusive jurisdiction of the courts of the Australian Capital Territory, Australia as regards any claim or matter arising under this agreement.
In the event that any term or condition contained in this Agreement is unenforceable or void by operation of law or as being against public policy or for any other reason, then such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.
Last updated 9 September, 2015