Terms & Conditions Agreement
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1. ENGAGEMENT
The Engage for the Miracle Found Frequency Mobile Application (“Application”), as made available through the miraclesoundfrequency.com website and is licensed, not sold, to you by Miracle Sound Frequency, LLC . As used herein, “You” and “Your” refer to the individual or entity that wishes to use the Application. Your license to the Application is subject to your prior acceptance of this Mobile Application Terms and Conditions Agreement (“Agreement”). Your license to the Application under this Agreement is granted by Miracle Sound Frequency, LLC (“Licensor”). Licensor reserves all ownership and intellectual property rights in and to the Application. The Application supports smart phone devices (“Devices”), and enables users to access, review and use certain data (and perform certain actions with such data) where such data is provided by a connection to an instance of the Licensor’s Engage software (the “Engage Software”),
2. PURPOSE.
The information presented on the Application is educational in nature and is provided only as general information and is not medical or psychological advice, diagnosis, or treatment. The purpose of the Application is to inform you about sound frequencies, as performed by Mujin Choi using his own voice (“Sound Frequencies”), intended for overall health and well-being and to allow you to listen to Sound Frequencies for your own personal use. You understand that the Application is designed solely for you to use as a non-commercial educational self-help tool.
3. SOUND FREQUENCIES
Sound Frequencies are described as the therapeutic application of sound frequencies to the mind/body/spirit of the listener with the intention of bringing the listener into a state of harmony, balance, and health. The theoretical basis of Sound Frequencies is that through brainwave entrainment where a person’s brainwaves get exposed to a specific energy healing frequency, which can cause that person to change his/her overall frequency to be more balanced and healthier. You agree to follow the instructions and advice accompanying the Application. You agree to avoid using the Application when operating machinery such as driving a car, or other tasks that requires focused attention. Further, you agree to use the Application at a time and in a place where you will not be disturbed and you can focus on the material.
4. SOUND FREQUENCIES ARE EXPERIMENTAL
Although Sound Frequencies appear to have promising health benefits, they are considered outside traditional Western approaches to health and wellness. Therefore, Sound Frequencies have yet to be thoroughly researched by the Western academic, medical, and psychological communities. Consequently, Sound Frequencies may be considered experimental. Due to the experimental nature of Sound Frequencies and because they are a relatively new wellness approach and the extent of their effectiveness, as well as their risks and benefits are not fully known, you agree to assume and accept full responsibility for any and all risks associated with licensing and using the Application.
5. POTENTIAL RISKS WITH SOUND FREQUENCIES
Although people report having positive experiences with listening to Sound Frequencies, please be advised that it is possible to experience some emotional distress and/or physical discomfort that could be perceived as a negative side effect. If you inadvertently experience any emotional distress and/or physical discomfort while using the Application, you are advised to stop immediately and to seek appropriate licensed healthcare services.
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6. THE APPLICATION DOES NOT PROVIDE MEDICAL OR PSYCHOLOGICAL ADVICE.
Any information presented on the Application about Sound Frequencies is not intended to represent that Sound Frequencies are used to diagnose, cure, treat, or prevent any medical problem or psychological disorder. Further, the contents of the Application, such as text, graphics, images, data, graphs, audio, videos, computer programs and other material and information (collectively the "Content"), are for informational purposes only. THE CONTENT PROVIDED IN THE APPLICATION IS NOT A SUBSTITUTE FOR THE ADVICE, DIAGNOSIS, OR TREATMENT FROM A PHYSICIAN, PSYCHOTHERAPIST OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL. USING THE APPLICATION IS NOT TO BE CONSIDERED A RECOMMENDATION THAT YOU STOP SEEING ANY OF YOUR LICENSED HEALTH CARE PROVIDERS OR USING PRECRIBED MEDICATION, IF ANY, WITHOUT CONSULTING WITH YOUR LICENSED HEALTH CARE PROVIDER, EVEN IF AFTER USING THE APPLICATION IT APPEARS AND INDICATES THAT SUCH TREATMENT OR MEDICATION IS UNCESSARY. LICENSOR STRONGLY ADVISES THAT YOU SEEK PROFESSIONAL ADVICE AS APPROPRIATE BEFORE MAKING ANY HEALTH DECISION, INCLUDING USING SOUND FREQUENCIES. While Licensor’s creator and producer of the Application has extensive experience with Sound Frequencies, he is not a psychotherapist, physicians, or other licensed health care provider.
7. SCOPE OF LICENSE.
This license granted to you for the Application by Licensor is limited to a non-exclusive, non-transferable, non-sublicensable, revocable limited license to run the Application on your Devices solely for the purpose of performing those functions and tasks available to you as an end user of the Application who: (a) connects to a properly licensed version of the Engage Software; and (b) is using any Device that you own or control. This license does not allow you to use the Application on any Device that you do not own or control, and you may not distribute or make the Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of the rights of the Licensor. If you breach this restriction, you may be subject to prosecution and damages. You are not permitted to use the Application for any purpose other than as expressly permitted under this Agreement. You acknowledge that the Licensor may audit your use of the Application.
8. CONSENT TO USE OF DATA.
You agree that Licensor may collect, store, process, maintain, upload, sync, transmit, share, disclose and use certain data and information, including but not limited to, information or data regarding the characteristics or usage of your Device, system and application software, and peripherals, as well as personal information, user location data and user content (collectively, “User Data”) to facilitate the provision of the services or functionality of the Application, including but not limited to authentication, performance optimization, software updates, product support and other services to you related to the Application or to otherwise improve Licensor’s ability to provide other services (if any) to you related to the Application. You acknowledge that use of the Application may result in User Data being transmitted between your Device and a database service designated by Licensor and/or transmitted or disclosed to or accessed by Licensor. Without limiting the foregoing, you acknowledge that: (a) information regarding the hardware model and the version of the Device on which you are running the Application may be collected, transmitted to and stored on a database server designated by Licensor, may be transmitted to Licensor and may be used to make changes, updates or improvements to or optimize the performance of the Application or to otherwise inform future development; and (b) audit logs reflecting your logins, logouts and the activities you have accessed through your use of the Application may be generated in connection with your use of the Application may be collected, transmitted and stored on a database server designated by Licensor. Your User Data may also be made available to Licensor for troubleshooting. BY CLICKING THE “ACCEPT” BUTTON, YOU EXPRESSLY CONSENT TO THE FOREGOING COLLECTION, STORAGE, PROCESSING, MAINTENANCE, UPLOADING, SYNCING, TRANSMITTING, SHARING, OR DISCLOSURE OF USER DATA. By continuing to use the Application, you indicate your continued consent to such collection, storage, processing maintenance, uploading, syncing, transmitting, sharing, or disclosure of User Data as well as collection, storage, transmission and use of data of the type and in the manner described in the Licensor’s Privacy Policy located at https://miraclesoundfrequency.com/privacy-policy.
9. CHANGES AND UPDATES.
Licensor may revise the information in the Application, or otherwise change or update the Application including this Agreement, without notice to you. Licensor may also make improvements and/or changes in services and functionalities or add new features at any time without notice. Licensor’s encourages you to periodically read this Agreement to see if there have been any changes to Licensor’s policies that may affect you. Your continued use of the Application will signify your continued agreement to this Agreement as they may be revised.
10. PASSWORDS
Licensor has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to the Application password or account. It is your sole responsibility to (a) control the disclosure and use of your activation codes and password; (b) authorize, monitor, and control access to and use of the Application account and password; and (c) promptly inform the Licensor of any need to deactivate a password.
11. DISCLAIMER
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION AND YOUR RELIANCE ON THE OPERATION, OUTPUT OR RESULTS OF THE APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATIFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS YOUR SOLE RESPONSIBILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE APPLICATION (“APPLICATION SERVICES”) ARE PORVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REPSECT TO THE APPLICATION AND ANY APPLICATION SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OR ACCURACY, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR APPLICATION SERVICES PERFORMED OR PROVIDED BY THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION OR APPLICATION SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION OR APPLICATION SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR, OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APPLICATION OR APPLICATION SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
12. LIMITATION ON LIABILITY
By using the Application, you knowingly, voluntarily, and intelligently assume all risks, including any adverse outcome that might result from your use of the Application. You agree and understand this Agreement is intended to be a complete unconditional release of liability and assumption of risk to the greatest extent permitted by law. You agree to forever fully release, indemnify, and hold harmless, Miracle Sound Frequency, LLC, its owners, members, staff members, employees, consultants, affiliates, independent contractors, agents, representatives, and others associated with Miracle Sound Frequency, LLC from any claim or liability whatsoever and for any damage or injury whether personal, financial, emotional, physical, psychological or otherwise, which you may incur arising at any time out of or in relation to your use of the Application. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE APPLICATION, APPLICATION SERVICES, AND/OR THIRD-PARTY WEB SITES IS TO STOP USING THE APPLICATION AND/OR APPLICATION SERVICES. THIS AGREEMENT IS GOVERNED BY ARIZONA LAW WITHOUT REGARD TO ITS PRINCIPLES OF CONFLICTS OF LAW. IF ANY VERSION OF THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT (UCITA) IS ENACTED AS PART OF THE LAW OF ARIZONA, THAT STATUTE SHALL NOT GOVERN ANY ASPECT OF THESE TERMS AND CONDITIONS.
13. PROHIBITED ACTIVITY
You agree that you will not upload or transmit any communications or content of any type (including secure messaging) that infringe upon, misappropriate or violate any rights of any party. In consideration of being allowed to use the Application, you agree that the following actions shall constitute a material breach of this Agreement: (a) signing on as or pretending to be another person; (b) using secure messaging for any purpose in violation of local, state, national, international laws or posted Licensor policies; (c) transmitting material that infringes or violates the intellectual property rights of others or the privacy or publicity rights of others; (d) transmitting material that is unlawful, obscene, defamatory, predatory of minors, threatening, harassing, abusive, slanderous, or hateful to any person (including Licensor’s personnel) or entity as determined by Licensor, in its sole discretion; (e) using interactive services in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others; (f) collecting information about others, including e-mail addresses; (g) intentionally distributing viruses or other harmful computer code. Licensor expressly reserves the right, in its sole discretion, to terminate your access to the Application due to any act delineated above, or any act that would constitute a violation of this Agreement.
14. TERMINATION
This Agreement is effective until terminated by you or Licensor. Your rights under this Agreement will terminate automatically without notice from Licensor if you fail to comply with any of the terms and conditions of this Agreement. Upon termination, you shall cease all use of the Application, and destroy all copies, full or partial, of the Application.
15. COPYRIGHTS
Except as otherwise indicated, all content on the Application, including text, graphics, logos, button icons, photos, images, forms, audio, video, questionnaires, and software, is the property of Licensor or its licensors and is protected by United States and international copyright laws. Licensor allows you to view or download a single copy of the material on the Application solely for your personal, non-commercial use. In addition, the compilation of all content on the Application is the exclusive property of Licensor or its licensors and is protected by United States and international copyright laws. Unless specifically authorized in writing by Licensor, any use of these materials, or of any materials contributed to the Application by entities other than Licensor for any purpose is prohibited.
16. TRADEMARKS AND SERVICE MARKS
Other proprietary marks of Licensor or third parties may be designated as such from time to time on the Application through use of the TM, SM, or ® symbols (“Marks”). You are not authorized to make any use of the Marks or the proprietary marks of third parties, including but not limited to, as metatags or in any other fashion that may create a false or misleading impression of affiliation or sponsorship with or by Licensor or the applicable third party.
17. LICENSOR
The Licensor of the Application is Miracle Sound Medicine, LLC and is located at 12250 South Nicole Avenue, Tucson, AZ85736. If you have any questions about the Application, please send an email to info@miraclesoundfrequency.com.