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Terms of Use

Terms of Use

Introduction

Thank you for using Buddy&Soul.

By visiting our website or using our services, you are entering into a legal agreement with us, consisting of these Terms of Use and our Privacy Policy.

The following terms constitute an agreement between you and Buddy&Soul.This agreement governs your use of the Platform as a user.


Definitions

Buddy&Soul - BUDDY AND SOUL FOREVER, LTD., the operator of www.BuddyNSoul.com website ("Buddy&Soul") and/or mobile/tablet applications and/or distant sites, social media sites, as well as services we provide such as online and offline educational courses and/or activities, ("Buddy and Soul" or " Platform").

User - A visitor, member, basic member, premium member, community leader, Buddy, Master, or in any other capacity.


General

Buddy&Soul services give users the option of consuming personal growth, health and well-being content, by taking courses and joining communities on line.

By using the Platform, you agree to be bound by the following "Terms of Use" or “Terms” and our Privacy Policy, which is available on Buddy&Soul site (the “Privacy Policy”).

Buddy&Soul reserves the right to change or modify these Terms of Use and Privacy Policy at any time, and without prior notice, by posting amended terms on the Buddy&Soul site. If the changes constitute a material change to the Terms of Use, we will notify on our site that an update has occurred on a certain date.

If you do not agree to the modified agreement, you should stop using Buddy&Soul. We will determine what constitutes a "material change" at our sole discretion.

Buddy&Soul encourages you to review these Terms periodically for any updates or changes, which will have an effective date as of the relevant update.

Buddy&Soul reserves the right to modify or terminate the service and/or the platform for any reason, without notice at any time.

Buddy&Soul reserves the right to modify or terminate the service, or specific parts of it, such as sites, features, or content, including personal content, for any reason, without notice at any time.

Buddy&Soul reserves the right to refuse service to anyone for any reason at any time.


Eligibility

You must be 13 years or older to use Buddy and Soul. We encourage parents and guardians to prevent any children under 13 years old from using Buddy and Soul, as well as to control, supervise and monitor the use of Buddy and Soul by such children who are over 13 years old.


General Disclaimer

1.  You understand that Buddy&Soul does not provide medical or psychological advice, therapy or treatment of any kind.

2.  All of the material provided on Buddy&Soul, such as text, outcomes, charts, user profiles, graphics, photographs, images, advice, messages, forum postings, session talk videos, live or recorded plans, courses, actions, sessions, workshops, webinars, digital mentor (Coachat) conversations, and any other material provided by and/or via Buddy&Soul are for informational purposes only and are not a substitute for professional medical or psychological advice, therapy or treatment.

3.  Always seek the advice of your physician, psychologist, therapist or other qualified physical and mental health provider with any questions you may have regarding your physical and/or emotional and/or mental health and/or wellness.

4.  Never disregard professional advice or delay in seeking it because of something you have read, experienced and/or have otherwise been exposed to on Buddy&Soul.

5.  Keep in mind that some of the Buddy&Soul content is submitted by users, or by third parties.

6.  All our content, including content by experts, such as in webinars and workshops, refers to general situations only. You must use such content with caution.

7.  If you think you may have a medical/emotional/psychological emergency, call emergency services ASAP.

8.  Buddy&Soul does not recommend or endorse any specific physicians, therapists, coaches, or professionals of any sort.

9.  Products, procedures, opinions, or other information that may be mentioned on Buddy&Soul, whether as information, recommendation, or as advertisement is not meant as an endorsement of the quality of those products, procedures, or opinions, and their effectiveness on your health and/or well-being.

10.  Reliance on any information provided on Buddy&Soul, by persons or groups of people (such as communities) appearing on Buddy&Soul at the invitation of Buddy&Soul, or by other users, or any other person on the Buddy&Soul Platform, is solely at your own risk.

11.  Buddy&Soul will not be liable for the consequences of using or following any of the information on the Platform, even if the information is false. Likewise, Buddy&Soul will not be liable and/or responsible for the quality or effectiveness of courses, actions, plans, sessions, communities, products, services, chat conversations, digital mentor (Coachat) interactions, or any other content or product on the Platform, or for the quality, effectiveness, or delivery of any product, session or service purchased or downloaded free of charge on or through the Buddy&Soul Platform, or given or promised as reward, a gift or an incentive by Buddy&Soul and/or by third parties through the Buddy&Soul Platform.

12.  You must take responsibility for the consequences of adopting any decision, habit and/or other behavior on Buddy&Soul.

13.  We make no claims about the effectiveness of any Content (as defined below), including without limitation, any video, community, courses, chat conversations, Buddies' inspiration, action items, tips, recommendations, products, sessions, advice or any other information that you find on Buddy&Soul, regardless of whether or not you pay for joining Buddy&Soul, which allows you to participate in its online sessions and practice the actions, whether or not you receive a code or coupon from a third party or participate in a community that is sponsored by a business partner or otherwise, and whether or not you pay fora ‘special’ session which is outside of the regular session schedule.

14.  Buddy&Soul will not be held responsible for any damage incurred to users due to a full or partial cessation and/or interruption in its activity, including Coachat conversations, and/or courses/communities.

15.  You understand that Buddy&Soul’s virtual agent, the ‘Coachat’ (referred to as Budd, or any other agent), is an automated, pre-programmed system. There is no person or therapist behind Budd, and it cannot deliver therapy or psychological recommendations or any support.

16.  You understand that our score ("Growth factor") is a gamification feature and was created to motivate you. It bears no indication on your mental or emotional status or activities. 

17.  User's profile – including elements such as traits and moods- is designed for platform's needs and is NOT validated for any other use.

18.  Buddy&Soul may contain links to other websites that are not under the control of Buddy&Soul. The inclusion of any link does not imply endorsement by Buddy&Soul of such site and Buddy&Soul is not responsible for the content of such linked sites.

19.  Purchase of other products and services through the Buddy&Soul Platform may be subject to other terms and conditions that are presented to you at the time of purchase.

20.  Buddy&Soul is not to be held responsible for the interactions between its members, visitors, and/or other users, community leaders, professional partners (experts), any other partner, and any other person on the Buddy&Soul Platform, or for the material and/or Content these persons choose to post on the Platform or on its social media sites.


User Account

In order to access and use certain features of our Services, you must first register and create a Buddy&Soul account.

To create an account, you must select a username and password. You may not provide false information during the registration process.

1.  Buddy&Soul reserves the right to refuse to allow a user to open an account for any reason, and/or to limit the number of accounts a user can establish, and/or to close any account without notice, all at our sole discretion.

2.  Screen names are subject to Buddy&Soul approval and may not contain misleading or objectionable material. Your username cannot be indecent, or otherwise offensive, or be used in any way that violates these Terms of Use and/or common practices.

3.  You are responsible for any activity that occurs under your screen name, and/or any activity that occurs when you enter Buddy&Soul without registering and obtaining a screen name.

4.  You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links that you submit, post, chat interactions, journal notes and any other display on Buddy&Soul (“Content”). Buddy&Soul has no obligation to accept, display, review, store, maintain, or protect any Content. Moreover, Buddy&Soul reserves the right to edit, delete, distort or move Content from the Platform without notice for any reason at any time, or to share it with third parties. Any posted or submitted Content shall not be considered confidential and may be disseminated by Buddy&Soul without any compensation to you. Content that you submit or post may be available to the public, and you should have no expectation of privacy.

5. Buddy&Soul does not endorse any content or any opinion, recommendation, or advice expressed by any user.

6.  Buddy&Soul expressly disclaims any and all liability in connection with content. You are fully and solely responsible for any Content you submit or post.


Account security

1.  Your account is at risk if you let someone use it inappropriately and your account is subject to termination if you or anyone using your account violates Buddy&Soul Terms.

You should not reveal your password to other users. Buddy&Soul will not ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered e-mail address.

If your account is terminated, you must contact us and ask for expressed permission to join Buddy&Soul again.

2.  You agree to immediately notify Buddy&Soul of any unauthorized use of your account or password. You are fully and solely responsible for the security of your computer system and all activity on your account, even if such activities were not committed by you and even if you contact us regarding such issues.

Buddy&Soul will not be liable for any losses or damage arising from unauthorized use of your account, your profile or your password, and you agree to indemnify and hold Buddy&Soul harmless for any improper or illegal use of your account, including any mail sent and any charges and taxes incurred. You must contact support at Buddy&Soul and request us to block access to it once an illegal or improper use of your account. We do not police for, and cannot guarantee that we will learn of or prevent, any inappropriate use of the Platform.

You may terminate your Buddy&Soul account at any time. Account information may remain on the Platform after cancellation.


Account termination

Buddy&Soul may suspend, disable or delete any account, or block or remove any content submitted by users, if Buddy&Soul determines that the user have violated any provision of these Terms or damage Buddy&Soul's reputation and goodwill.

You agree that Buddy&Soul may, with or without cause, immediately terminate your Buddy&Soul membership and/or other Buddy&Soul user status, or limit or terminate your access to Buddy&Soul without prior notice.

Without limiting the foregoing, the following may lead to a termination by Buddy&Soul of a user's membership or other Buddy&Soul status and use of Buddy&Soul:

(a) breaches or violations of the letter or spirit of these Terms or other incorporated agreements or guidelines,

(b) requests by law enforcement or other government agencies,

(c) a request by you (self-initiated membership or other user-status cancellation),

(d) unexpected technical issues or problems,

(e) fraudulent, harassing or abusive behavior, or

(f) behavior that is harmful to other users or the business interests of Buddy&Soul, and

(g) extended periods of inactivity.

Buddy&Soul has no obligation to maintain, store, or transfer to you information or data that you have posted on or uploaded to Buddy&Soul after termination for any cause.

Buddy&Soul reserves the right to refuse service to anyone for any reason at any time.

Buddy&Soul may, but have no obligation to, remove accounts and any related Content that we determine in our sole discretion are unsuitable to the spirit of Buddy&Soul.

Buddy&Soul reserves the right to remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.

1.  If Buddy&Soul believes, in its sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate.

2.  We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior on the Platform.

3.  We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity, Content and behavior of anyone believed to have violated these Terms or to have engaged in illegal behavior on the Platform.

4.  Any suspension, termination, or cancellation shall not affect your obligations to Buddy&Soul and its licensors under these Terms (including but not limited to ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.


Sharing information / privacy

1. You are responsible for keeping your account setting in the privacy level you wish to have. For example, you may choose not to disclose your being a member of certain communities or that you practice certain courses. Also, when writing content, you can decide whether it will be posted anonymously. You agree that you understood and accept Buddy&Soul's Privacy Policy, as is reflected in the account setting. Your privacy rights are set forth in our Privacy Policy, which forms a part of these Terms. Please review the Privacy Policy to learn about: what information we collect about you; what we use that information for; and with whom we share that information. However, Buddy&Soul reminds users that the privacy settings may not be perfect, and their identity might be disclosed. If you are concerned about privacy, do not post or use sensitive material, or don't use the Platform at all.

2. Buddy&Soul may use any data and Content uploaded by users, whether by itself or by means of its partners, including for various research and/or commercial purposes, and including for – research, data mining, publishing, and more without requesting further permission or paying any royalties or compensation.

3. Buddy&Soul may use, duplicate and disseminate all user's content, including without limitation, visitors’, members’ (basic and premium), community leaders’, Buddies’,  and others' Content as generated on Buddy&Soul or uploaded to it by any user. This includes, but is not limited to, message board posts, blogs, numbered items (top lists), debates, tips, stories, picture and video content, chat conversations and user comments.

4. Buddy&Soul reserves the right to modify user-generated Content.

5. Buddy&Soul shall not pay any users, including experts, for generating or uploading Content. The only exception is when experts are asked to create workshops for Buddy&Soul and sign a separate fee agreement.

6. Buddy&Soul can use user, Content and information on social networks (theirs and others’), and interact with them on social networks.

7. While Buddy&Soul may choose at its sole discretion to monitor some of the user-generated content for topicality, inappropriate or illegal behavior, including through automatic means, Buddy&Soul has no obligation to pre-screen postings and is not responsible for their content. We encourage you to notify us of inappropriate or illegal content at help [at] BuddyNSoul.com and we reserve the right to remove postings for any reason. Buddy&Soul reserves the right to treat Content as content stored at the direction of users for which Buddy&Soul will not exercise editorial control except when violations are directly brought to Buddy&Soul’s attention.

8. We claim no intellectual property rights over the material you posted on the Platform. You can remove your profile at any time by deleting your account. Any Content which you have posted on Buddy&Soul public pages may remain in the system. Data you have entered regarding personal development performance and otherwise may remain in the system as well.

9. By posting content on Buddy&Soul you grant Buddy&Soul and its affiliates the right to use, copy, display, perform, distribute, translate, edit, and create derivative works of your submissions.

10. Any material and content which a person posts on the Buddy&Soul Platform, including but not restricted to – video, photographs, comments, blogs, arguments on debates, contributions to top lists, stories, discussions on forums, and more – will thereby become property of Buddy&Soul, and Buddy&Soul will not pay any royalties for using them on the Platform or otherwise. By posting the material, the person assigns all rights to Buddy&Soul, irrevocably. The material can then be used by Buddy&Soul on the Platform and/or outside of it, and all rights and royalties will belong solely to Buddy&Soul. Buddy&Soul will have the right to edit content, including pictures, for use on Buddy&Soul and elsewhere, without requiring permission.

11. Buddy&Soul will conduct research, including but not restricted to creating manipulations and modifying content, for the purpose of improving the Platform, enhancing behavioral change and identifying the effectiveness of various elements, and to support our partners' and Buddy&Soul's marketing and sales needs. Also, we may create a psychological profile for each of our users in order to enhance these processes. Research on the Buddy&Soul Platform will also serve for the sake of academic and other publications, and research grants. In order to maximize the effect of research manipulations, and to ensure that users' behavior is accurately captured, users will not be notified of these manipulations and research endeavors.


Communication

By using or signing up to Buddy&Soul, you agree to take responsibility for your own personal growth, health and well-being. This is a difficult task, and in order to accomplish it, Buddy&Soul will interact with you in multiple ways, and support you in multiple ways, including, without limitation by sending you reminders for actions to be performed or ones that were performed in courses and communities, invitations and reminders for sessions and “specials”, communicating you via email, text messages, and/or alerts, and on social networking sites, either as Buddy&Soul, or via specific courses and communities and allowing selected business and research associates to communicate you via email, text messages and on social networking sites or in any other way they see fit. As such, you hereby grant us permission to give your information to selected business and research associates.


Acceptable use / conduct

1. You agree that you will not act in any way or transmit or post any Content that:

(a) restricts or inhibits use of the Platform;

(b) solicits another person’s password or other personal information under false pretenses;

(c) impersonates another user or otherwise misrepresents yourself in any manner;

(d) infringes (or results in the infringement of) the intellectual property, moral, publicity, or privacy rights of any third party;

(e) is (or you reasonably believe or should reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material;

(f) does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc.; and/or would cause Buddy&Soul to be in violation of any law or regulation, or to infringe any right of any third party;

(g) contains falsehoods or misrepresentations that may damage Buddy&Soul and/or any third party;

(h) imposes an unreasonably or disproportionately large load on our infrastructure; or

(i) posts, stores, transmits, offers, or solicits anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following:

(i) material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such an entity),

(ii) material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening,

(iii) pornography (including any obscene material, and anything depicting children in sexually suggestive situations whether or not depicting actual children) or may be harmful to a minor,

(iv) any virus, worm, Trojan horse, malware, and/or other harmful or disruptive component or

(v) anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate.

2. You may not or attempt to

(a) decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Platform;

(b) circumvent, disable, or otherwise interfere with security-related features of the Platform  or features that prevent or restrict use or copying of any Content; 

(c) use any robot, spider, site search or retrieval service, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Platform;

(d) harvest, collect or mine information about users of the Platform;  

(e) use or access another user’s account or password.

3. International users agree to comply with all local laws regarding online conduct and acceptable Content. You must not, in the use of Buddy&Soul violate any laws in your jurisdiction (including but not limited to copyright laws).

4. You agree not to disclose to any person or entity personally identifiable information about other members that you encounter while using Buddy&Soul   without the expressed consent of such member.

5. You may only disclose information of a general nature (that could not identify the member who provided such information or whom such information is about) to third parties outside Buddy&Soul, subject to the above restriction on non-commercial use.


Trademarks

1. "Buddy&Soul" and the Buddy&Soul logo and favicon are trademarks of Buddy&Soul.

2. You agree not to display or use these trademarks in any manner without Buddy&Soul's prior, written permission.

3. Buddy&Soul and its licensors own the Platform, including all worldwide intellectual property rights in the Platform, and the trademarks, service marks, and logos contained therein. 

4. Except as expressly permitted herein, you may not copy, further modify, duplicate, distribute, display, perform, sublicense, republish, retransmit, reproduce, create derivative works of, transfer, sell or otherwise use the Platform or any Content appearing in the Platform. 

5. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Platform.

6. All trademarks are trademarks or registered trademarks of their respective owners.

7. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of Buddy&Soul or any third party.


Misconduct and Copyrights

Buddy&Soul respects the intellectual property rights of others and expects its users to do the same. Buddy&Soul will remove all infringing Content if properly notified that it infringes third party intellectual property rights, and may do so at its sole discretion, without prior notice to users at any time. Under the Digital Millennium Copyright Act of 1998 (the “DMCA”), it is our policy to respond expeditiously to copyright owners who believe material appearing on the Platform infringes their rights.  If you believe that something appearing on the Platform infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. It is Buddy&Soul policy to the account of repeat infringers in appropriate circumstances, taking all facts and circumstances into account. Notices and counter-notices must meet the DMCA’s requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. Send notices and counter-notices to our copyright agent: Buddy&Soul’s designated Copyright Agent for notice of claims of infringement is: Buddy&Soul, 1 Klein St. Jerusalem, Israel, 9310301 Telephone: 617-648-0340, ext. 349. Email: support@BuddyNSoul.com. If a Member Submission that you submitted has been removed, as a result of a notification as described here and you believe that such a Member Submission or portion of a Member Submission was posted lawfully, please contact us about our counter-notification procedure through which you can dispute the allegation and request re-posting of the Member Submission content at issue.


Fees

Basic membership with Buddy&Soul is currently free. Premium membership and special activities has a cost that can be paid either by the member or a third party. Buddy&Soul reserves the right to change charges for membership and/or to provide additional optional services for a fee.

Buddy&Soul will reimburse membership fees within 30 days upon member’s request, unless Buddy&Soul suspects the member is abusing the reimbursement policy, in which case no reimbursement will be issued.


Disclaimer of Warranties

Buddy&Soul and the content and services made available on Buddy&Soul are provided on an “as is” and “as available” basis.

Buddy&Soul does not make and disclaims all expressed and implied warranties and representations, including, but not limited to, any implied warranty of fitness for a particular purpose, with regard to Buddy&Soul, Buddy&Soul content, or any advice or services provided through Buddy&Soul to the extent permitted by law.

Buddy&Soul does not warrant that access to Buddy&Soul or its content or services will be uninterrupted or error-free or that defects in Buddy&Soul will be corrected.

The advice, recommendations, information, and conclusions posted or otherwise written by members of Buddy&Soul are not vetted, approved or endorsed by Buddy&Soul, and you use such information at your own risk.

Buddy&Soul is not to be held accountable for purchases made through it, whether directly or indirectly. It is not to be held responsible to the quality of the products or services, the shipping, rates, billing, or any other issue that may arise from purchases.


Limitation of Liability

Under no circumstances shall Buddy&Soul, its partners, contributors, agents, employees, directors, or affiliates be liable for any indirect, incidental, special, or consequential damages (even if it has been advised of the possibility of such damages) due to any user’s or third party’s use of Buddy&Soul or due to any user‘s reliance on any of the content, including Content, or the services provided on Buddy&Soul.


Indemnification

Each user agrees to indemnify and hold harmless Buddy&Soul, its officers, employees, agents, subsidiaries, affiliates and other partners, from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, the user’s violation of these Terms.


Governing Law and Venue

These Terms shall be governed by the laws of Israel. All disputes arising under, or in any way connected with membership in or use of Buddy&Soul, shall be litigated exclusively in the state and federal courts residing in Israel, and in no other court or jurisdiction. You hereby submit to the jurisdiction of the state and federal courts sitting in Israel. Any cause of action against Buddy&Soul must be brought within one (1) year of the date such cause of action arose.


Assignment of rights

1.  Buddy&Soul may assign these Terms at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. 

2.  You may not assign or transfer these Terms.

3.  If any provision of these Terms is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.

4.  In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect.

5.  Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and Buddy&Soul or authorizes you to act on behalf of Buddy&Soul.

6. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between Buddy&Soul and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby canceled.

7. We may assign our rights and obligations here under to any third party without prior notice. You shall not assign any of your rights or obligations here under, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. We may elect to keep archives of all or parts of the Platform, but we cannot guarantee that anything available on the Platform, or any records or information relating to the Platform, will be archived, or that any archives will be preserved or made publicly available. Buddy&Soul may delete any such information without notice, at its sole discretion.

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