Terms of Use

Acceptance of terms

Welcome to the website (the "website") of The International Organization for Shantala™ Massage Inc. ("SHANTALA Massage"). On this website, SHANTALA Massage makes available to you a wide range of information, products, downloads, documents, communications, files, text, graphics, publications, content, forums, resources, and services.

Read our: Trademark Usage Guideline.

Please read the terms of use carefully before using this website. By accessing and using this website in any way, including, without limitation, browsing the website, using any information, using any content, using any services, downloading any materials, and/or placing an order for products or services, you agree to and are bound by the terms of use described in this document ("Terms of Use"). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not use this website in any manner. The Terms of Use are entered into by and between SHANTALA Massage and you. If you are using the website on behalf of your employer, you represent that you are authorized to accept these Terms of Use on your employer's behalf.
SHANTALA Massage reserves the right, at SHANTALA Massage sole discretion, to change, modify, update, add, or remove portions of the Terms of Use at any time without notice to you. Please check these Terms of Use for changes. Your continued use of this website following the posting of changes to the Terms of Use will mean you accept those changes.

Use of Materials Limitations

All materials contained in the website are the copyrighted property of the Organization, its subsidiaries, affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to the Organization, or its subsidiaries or affiliated companies and/or third-part licensors.
Unless otherwise specified, the materials and services on this website are for your personal and non-commercial use, and you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from the website without the written permission from the Organization.

Privacy Statement

SHANTALA Massage respects your desire for privacy. SHANTALA Massage Privacy Statement can be found here Privacy Statement. By using the website, you are consenting to the processing of your data by SHANTALA Massage and consenting to the terms of our Privacy Statement.

Use of Documents and Publications on the Website

Except as expressly prohibited on this website, you are permitted to view, copy, print and distribute publications and documents within this website (such as FAQs, white papers, datasheets, press releases and so on), subject to your agreement that: a) your use of the information is for informational, personal, and non-commercial purposes only, b) you will not modify the documents, publications or graphics, c) you will not copy or distribute graphics separate from their accompanying text and you will not quote materials out of their context, d) you will display the below copyright notice and other proprietary notices on every copy you make, and e) you agree that SHANTALA Massage may revoke this permission at any time and you shall immediately stop your activities related to this permission upon notice from the Organization. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
The permission above to use documents and publications does not include permission to copy the design elements, look and feel, or layout of this website. Those elements of the website are protected by law, such as trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the website may be copied or retransmitted unless expressly permitted by the Organization.

Except as expressly provided otherwise, SHANTALA Massage and/or its respective suppliers make no reseminars about the suitability of the information contained in the documents and publications and related graphics published on the website for any purpose. Except as expressly provided otherwise, all such documents and related graphics are provided "as is" without warranty of any kind. Except as expressly provided otherwise, SHANTALA Massage and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. In no event shall SHANTALA Massage and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from or arising out of or in connection with the use of products or information available from the website.

SHANTALA Massage and/or its respective suppliers may make improvements and/or changes in the information and/or the product(s) described herein at any time without notice.

Disclaimers and Other Notices of the Use of the Website

Except as expressly provided otherwise, all information, documentation, materials, services and publication are provided "as-is" without warranty of any kind and SHANTALA Massage hereby disclaims all warranties either expressed or implied, including but not limited to, implied warranties of merchantability or fitness for a particular purpose. In addition, except as expressly provided otherwise, SHANTALA Massage disclaims any warranties of non-infringement, title, or quiet enjoyment. In no event shall SHANTALA Massage and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from or arising out of or in connection with the use of this website, documents, publications, provision of or failure to provide services, information or products available from or through the website.

Except as expressly provided otherwise, you assume all risks concerning the suitability and accuracy of the information within the website, as well as all risks concerning the use of the products available through this website. You assume all risks of the fact that publications and documents may contain typographical errors. SHANTALA Massage assumes no responsibility for and disclaims all liability for any such inaccuracies, errors or omissions in the website, publications and documents and in any other reference.

SHANTALA Massage may make changes to the website, information, documents, publications, prices, product offerings and any other information and materials on the website at any time and without notice.

The website, documents and publications are distributed internationally and may contain references or cross-references to SHANTALA Massage and or MOMS ON THE MOVE products and services that have not been announced or available in your country. Such references do not imply that SHANTALA Massage intends to announce such products, programs, or services in your country. Consult The International Organization for Shantala™ Massage for information regarding the products, programs and services, which may be available to you.

The website contains links to third-party sites which are not under the control of SHANTALA Massage and SHANTALA Massage is not responsible for the contents on any linked site or any link contained in a linked site, or any changes or updates to such sites. SHANTALA Massage is not responsible for webcasting or any other form of transmission received from any linked site. SHANTALA Massage is providing these links to you only as a convenience, and the inclusion of any link does not imply that SHANTALA Massage endorses or accepts any responsibility for the content on such third-party sites.

Accounts and Security

If any of the services on the website requires you to open an account, you must complete the registration process by providing us with true, current, complete and accurate information as prompted by the applicable registration form, and you will maintain and promptly update such information to keep it true, current, complete and accurate. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify SHANTALA Massage immediately of any unauthorized use of your account or any other breach of security. SHANTALA Massage will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by SHANTALA Massage or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. You acknowledge and agree that certain services may provide password-restricted access to customer information such as names and certain terms of your contracts. By using this website and registering for such services, you consent to SHANTALA Massage display of such information via the services and accept all risks of unauthorized access to such information. If you provide any information that is false, inaccurate, out of date, or incomplete, or SHANTALA Massage has reasonable grounds to suspect that such information is false, inaccurate, not current, or incomplete, SHANTALA Massage may suspend or terminate your account and refuse any and all current or future use of the services or any portion thereof. You are responsible for all costs and charges, including without limitation, phone charges and telecommunications equipment that you incur in order to use the services.

No Unlawful or Prohibited Use

As a condition of your use of the website, you will not use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any SHANTALA Massage server, or the network(s) connected to any SHANTALA Massage server, or interfere with any other party's use and enjoyment of the website. You may not attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any SHANTALA Massage server or to the website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the website.

Use odd Services on the Website

The website may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services or the website, you will not:

• Use the Communication Services or the website in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, obscene as to minors, child pornography, racist, lewd, lascivious, filthy, excessively violent, harassing, indecent, unlawful, or otherwise objectionable topic, name, material or information.
• Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
• Use any material or information, including images or photographs, which are made available through the website in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
• Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines, which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses.
• Violate any applicable laws or regulations.
• Create a false identity for the purpose of misleading others.
• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any presidency of users of the Communication Services or other user or usage information or any portion thereof.
• Use any SHANTALA Massage domain name as a pseudonymous return email address for any communications that you transmit from another location or through another service.
• Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the website are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.

SHANTALA Massage has no obligation to monitor the Communication Services. However, SHANTALA Massage reserves the right to review materials posted to the Communication Services and to remove and/or edit any materials in its sole discretion. SHANTALA Massage reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
SHANTALA Massage reserves the right at all times to disclose any information as SHANTALA Massage deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in SHANTALA Massage sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. SHANTALA Massage does not control or endorse the content, messages or information found in any Communication Services and, therefore, SHANTALA Massage specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Instructors and students are not authorized SHANTALA Massage spokespersons, and their views do not necessarily reflect those of the Organization.

Materials provided to SHANTALA Massage or Posted on the Website

Unless otherwise specified, SHANTALA Massage does not claim ownership of the materials you provide to SHANTALA Massage (including, without limitation, information, ideas, concepts, techniques, feedback, data, questions, comments and suggestions, or the like) or post, upload, input or submit to the website or its associated services for review by the Organization, the general public, and/or by the members of any public or private community (each a "Submission" and collectively "Submissions"), and such Submissions shall be deemed not to be confidential. However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting the Organization, its affiliated companies and necessary sub- licensees permission to use your Submission in connection with the operation of their businesses (including, without limitation, all SHANTALA Massage services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submissions; to publish your name in connection with your Submission; develop, manufacture, and market products incorporating such ideas, concepts, or techniques, and the right to sublicense such rights to any supplier of the services and/or materials on the website.

No compensation will be paid with respect to the use of your Submission, as provided herein. SHANTALA Massage is under no obligation to post or use any Submission you may provide and SHANTALA Massage may remove any Submission at any time in its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
In addition to the warranty and reseminar set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the website, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, you are granting (a) to all members of your private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the website, other than a private community), permission to use your Images in connection with the use, as permitted by these Terms of Use, of any of the services or materials on the website (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the services and/or materials on the website. No compensation will be paid with respect to the use of your Images.

You acknowledge that SHANTALA Massage does not pre-screen Submissions, but that SHANTALA Massage and its designees have the right (but not the obligation) in their sole discretion to block or restrict access to or the availability of, or to disable, any Submissions that is available via the website. Without limiting the foregoing, SHANTALA Massage and its designees may disable, restrict access to or the availability of, any Submissions that violates the Terms of Use or is otherwise objectionable. You must evaluate, and bear all risks associated with, the use of any Submissions, including any reliance on the accuracy, completeness, or usefulness of such Submissions.

You understand that all Submissions, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Submissions originated. This means that you, and not the Organization, are entirely responsible for all Submissions that you upload, post, provide, input, submit, or otherwise transmit via the website. SHANTALA Massage does not control the Submissions posted via the website and, as such, does not guarantee the accuracy, integrity or quality of such Submissions. You understand that by using the website, you may be exposed to Submissions from others that are offensive, indecent or objectionable.

Notices and Procedure for Making Claims of Copyright Infringement

SHANTALA Massage will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act. Pursuant to the Copyright Act, written notification of claimed copyright infringement must be submitted to the following Designated Agent for this website:

Service provider(s):

The International Organization for Shantala™ Massage Inc.

Name of agent designated to receive notification of claimed infringement:

Mrs. Bouwien Luppes.

Full address of designated agent to which notification should be sent:

PO Box 1123 Bragg Creek, AB, T0L 0K0

Telephone number of designated agent:

(403) 949-4029

Facsimile number of designated agent:

(403) 949-8280

E-mail address of designated agent:

Copyright@ShantalaMassage.org

To be effective, the Notification must include the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
• 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 the service provider to locate the material.
• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
• A statement that the complaining party has a good belief that use of the material, in the manner complained of, is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Unsolicited Idea Submission Policy

SHANTALA Massage or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when SHANTALA Massage products or marketing strategies might seem similar to ideas submitted to the organization. So, please do not send your unsolicited ideas to SHANTALA Massage or anyone at the organization. If, despite our request that you not send us your ideas and materials, you still send them, please understand that SHANTALA Massage makes no assurances that your ideas and materials will be treated as confidential or proprietary.

Spam E-mail and Postings

You agree that SHANTALA Massage would be irreparably harmed by the use, by you or others, of the website or facilities in connection with the transmission of spam newsgroup postings or unsolicited e-mail in violation of these Terms of Use, and that SHANTALA Massage is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). SHANTALA Massage reserves the right to block, filter or delete unsolicited e-mail.

Indemnity

You agree to indemnify, defend and hold the Organization, and its subsidiaries, affiliates, officers, agents, co-branders, partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Submissions, your use of the website, including any use by your employees, your connection to the website, your violation of the Terms of Use, or your violation of any rights of another.

Advertisements and Promotions

SHANTALA Massage may run advertisements and promotions from third parties on the website. The manner, mode and extent of advertising by SHANTALA Massage is subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers other than SHANTALA Massage found on or through the website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or reseminars associated with such dealings, are solely between you and such advertiser. SHANTALA Massage is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-SHANTALA Massage advertisers on the website.

Copyright and Trademark Information

COPYRIGHT NOTICE: Copyright © 2004 The International Organization for SHANTALA Massage Inc., 15 Highlands Bay, Box 1123, Bragg Creek, AB, Canada, T0L 0K0. All Rights Reserved.

TRADEMARKS:
Shantala™ and MOMS ON THE MOVE are either trademarks or registered trademarks of The International Organization for Shantala™ Massage Inc. in Canada.
The names of actual companies and products mentioned in the website and/or third party trademarks, trade names and logos contained in the website may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.

If you have been granted a right to use a trademark of the Organization, such use shall be in accordance with SHANTALA Massage Trademark Usage Guideline.

General Information

The failure of SHANTALA Massage to exercise or enforce any right or provision of the Terms of Use does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms of Use to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.