Terms of Use
Wait What Inc. (the “Company”, “us,” or “we”) is a media invention company that creates and owns innovative, high-quality content including Meditative Story. As such, we offer the Meditative Story podcast and subscription-based services related to the Meditative Story podcast through our website, meditativestory.com, and third-party platforms, such as Apple Podcasts and Spotify. The Meditative Story podcasts (the “Podcasts”), meditativestory.com (the “Website” or “Site”), and all e-newsletters, software, APIs, features, and content related thereto are collectively referred to as the “Services.” These Terms of Use constitute an agreement between the Company and you, the user, and govern your access and use of the Services.
All personal information that we collect through the Services is subject to our Privacy Policy (the “Privacy Policy”). You should read these Terms of Use and the Privacy Policy carefully before using any of the Services.
Consent to Terms
By using the Services, or by clicking to accept or agree to the Terms of Use when this option is available to you, you agree to be bound by the terms and conditions contained in these Terms of Use. If you do not agree to these Terms of Use, you may not access or otherwise use the Services. We reserve the right, in our sole discretion, to modify these Terms of Use at any time by posting updated Terms of Use. By continuing to access and use the Services after any such modification is made, you are agreeing to such modification. Please check these Terms of Use frequently for updates. At the bottom of these Terms of Use is the date on which they were last updated. If you are under the age of 18, you may only use the Services if your parent or legal guardian agrees to be bound by these Terms of Use.
Consent to Email Communications
You expressly agree that, as part of the Services, you may receive communications by email. You may stop receiving emails by clicking on the unsubscribe links contained in such emails.
Intellectual Property Rights and Use of the Services
All content, names, logos, designs, graphics, photographs, text, audio, pictures, videos, software, and other materials of the Services are the intellectual property of the Company, its affiliates or licensors, and are subject to and protected by the United States and international copyright trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Subject to these Terms of Use, we hereby grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for personal use only. This license does not include any resale or commercial use of the Services, any derivative use of the Services, or any use of data mining, robots or similar data gathering and extraction tools. You may download, copy and/or transfer podcasts to a computer or mobile device for your personal, non-commercial, use only, provided that you do not modify the content.
You may also link to any of our Services from your website, blog, application, platform or services, provided that (a) the link redirects the user to the respective Service (i.e., the Podcasts, Website, or App) when the user clicks on the link, (b) you do not insert any intermediate page, splash page or other content between the link and the Services, (c) you do not use the content in a manner that suggests the Company, the Services, or individuals featured in the Services promote or endorse your, or a third party’s cause, ideas, products, sites, applications, platforms or services, (d) you do not use the Services for commercial purposes, and (e) you do not use the Services in any way that is unlawful or harmful to any individual or entity. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice, in our sole and absolute discretion.
The Services may not be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose without our express consent. You may use the Services only as expressly permitted in these Terms of Use.
You are prohibited from violating any law, statute, ordinance, or regulation.
You must not hack the Services, or perform any other activity that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You must not perform any activity to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment. You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Services, or in any way reproduce or circumvent the navigational structure or presentation of any of the Services, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Services. We reserve the right to bar any such activity.
If you provide us with any feedback or suggestions for improving any of the Services (“Feedback”), you hereby assign to us all rights in the Feedback and agree that we shall have the right, but are under no obligation, to use such Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.
We reserve the right to modify the content, type, and availability of the Services at any time for any reason or no reason at all. Additionally, we reserve the right to change or terminate any offered subscriptions or promotions at any time.
Terms for Subscription-Based Service
We offer a subscription-based service (“Subscription Service”) that provides subscribers (“Members”) exclusive benefits, such as access to virtual live Meditative Story experiences each year, discounts on featured products, and the ability to nominate future story tellers for Meditative Story. In addition, when Members sign up for the Subscription Service, they are offered a free featured product, which is delivered to Members directly by the product vendor. We have a new featured product every month or so. To use the Subscription Service, you must have internet access, a device that can utilize the Subscription Service, and a valid form of payment. In addition to all other terms and conditions applicable to the Services, the following terms and conditions apply to the Subscription Service.
- Account and Credentials. To utilize the Subscription Service, you will need to create a user account. You will be asked to provide us with certain information, such as an email address, Apple or Google profile identification, or LinkedIn profile. You are responsible for maintaining the confidentiality of your username, password, and other credentials (your “Credentials”) that you create to access the Subscription Service. We encourage you to create a password that is unique and separate from passwords you’ve created to access other websites, particularly any websites containing any of your financial information or other sensitive information. We are not responsible for any misuse of your Credentials by any third party, whether authorized by you or not. You agree to immediately notify us of any actual or suspected unauthorized use of your Credentials or any other breach of security. We are not responsible or liable for any loss or damage resulting from unauthorized use of your Credentials or for your failure to follow the requirements set out in these Terms of Use.
- Electronic Communications. We may send you information relating to the Services, including the Subscription Service (e.g., payment authorizations, invoices, changes in password or payment method, confirmation messages, notices, content updates, promotional messages) in electronic form only, for example via emails to your email address provided during registration, if applicable. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
- Payment Terms and Auto-Renewal. If you purchase a membership to the Subscription Service, it will automatically renew every twelve (12) months at the rate then in effect, unless you cancel your membership or deactivate auto-billing/auto-renewal through the “My Account” section of the Website or the subscription options section of your third-party app store. All applicable fees, including any applicable taxes and transaction fees, will be charged to the credit card last used by you. If your credit card cannot be charged and no other form of payment is on file with us, we may terminate or restrict your access to the Subscription Service. We may increase Subscription Service fees from time to time, in our sole discretion, and will notify you accordingly via the email address we have for you on file. You will not be eligible for a new free featured product at auto-renewal. Free featured products are a one-time incentive made available to first-time Members. You may cancel the Subscription Service at any time by writing [email protected]. You will not receive a refund of any fees upon cancellation. Rather, if you would like a full refund of your last purchase of the Subscription Service, you must request it in writing to [email protected] and we will refund your credit/debit card, or refund you in another manner, as reasonably determined by us. Please note, it may take up to 30 days for us to process your request for a refund and if you’ve already received a refund through a third-party platform, you are ineligible for a refund from us. Gifted memberships to the Subscription Service purchased on meditativestory.com will only be refunded if the gift giver contacts us in writing and provides us with both the email address associated with the gifted Subscription Service membership and the email address linked to the payment platform used to purchase the Subscription Service.
- Gifted Subscription Services. Users can purchase Subscription Service memberships as gifts to others. The user who is purchasing the Subscription Service membership as a gift (the “Gifter”) will need to enter in the name and email address of the gift recipient(s), who will then be notified via email that he/she/they have received a one-year Subscription Service membership and need to create an account. During the purchase process, the Gifter will also need to enter fulfillment information for the recipient(s) to receive the free featured product from the product vendor. If the product is a physical product, the Gifter will need to enter the recipient’s mailing address.
- Free Trial or Promotional Content. The Subscription Service might include a free trial period, free access to certain Subscription Service content, or discounted fees. We reserve the right to terminate or revoke any free trial period, free access or discounted fees to Subscription Service content at any time. We may notify you at the end of the free trial period, with an opportunity to purchase the Subscription Service.
- For details about your purchases under the Subscription Service, including payment methods and payment terms, email us at [email protected] or login to your user account for the Subscription Service, if you have created one.
User Posts and Materials
You are prohibited from posting, submitting, publishing, displaying, or transmitting (hereinafter, “post”) on or through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, infringing, obscene, racially or ethnically derogatory, sexually explicit, profane, hateful, or otherwise objectionable material of any kind. We reserve the right, but are under no obligation, to screen or remove any user posts at any time and for any or no reason. Any post to the Site will be considered non-confidential and non-proprietary. By posting on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that: (a) if you post or submit any materials or personally-identifying information on or through the Services, you are at least 18 years of age, (b) you have obtained all clearances, releases, licenses and rights to any materials or content you post or submit on or through the Services that may be necessary for their use as contemplated by the Services or these Terms of Use, (c) the comments, materials or content you post or submit does not and will not defame any individual or entity, or violate or infringe upon the copyright, trademark, patent, trade secret, privacy, reputation, creative or other rights of any individual or entity, or violate these Terms of Use.
We are not responsible for any user comments, materials or content submitted by you or a third party on or through the Services. We cannot verify the accuracy of statements that users make or place on the Website or through the Services, and we do not guaranty that any user comments, materials or content have been submitted with the permission of the copyright or proprietary owner or are otherwise in compliance with these Terms of Use.
Links to Third Party Websites, Applications, Platforms and Services
The Services may contain links to websites, applications, platforms or services maintained by third parties over which we have no control. We do not endorse the content, products or services of such websites, applications, platforms and services, and we disclaim any responsibility for the content or any products or services that appear on such third-party websites, applications, and platforms, or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to any of the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Data Usage Charges
The Services include audio, video, and other content available for streaming via mobile devices. You acknowledge that streaming media can result in high data usage and may lead to excess data charges. We encourage you to monitor your wireless plan, data use and data charges. You agree that you are solely responsible for any costs you incur to access the Services, including any excess data charges.
Indemnity
You agree to indemnify and hold harmless the Company, its media guests and participants, business partners, and their respective owners, members, managers, directors, officers, employees, agents, and representatives from any and all claims, liabilities, damages, costs or expenses, including attorneys’ fees, arising from (a) your breach of the terms and conditions of these Terms of Use or (b) your use of the Services, including, without limitation, your submission of comments, materials, or content on or through the Services.
Disclaimer
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF USE, THE COMPANY AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS, AFFILIATES, AND REPRESENTATIVES, AND THE COMPANY’S MEDIA GUESTS AND PARTICIPANTS, VENDORS AND BUSINESS PARTNERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTY THAT (1) THE SERVICES WILL MEET YOUR REQUIREMENTS, (2) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (3) THE QUALITY OF THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, YOUR MOBILE DEVICE, OR LOSS OF DATA THAT RESULTS FROM USE OF THE SERVICES.
FURTHER, THE COMPANY MAKES NO REPRESENTATION THAT THE SERVICES, OR ANY PORTION THEREOF, IS APPROPRIATE OR AVAILABLE FOR USE IN JURISDICTIONS OUTSIDE OF THE UNITED STATES, OR THAT THESE TERMS OF USE COMPLY WITH THE LAWS OF ANY OTHER COUNTRY. YOU AGREE THAT YOU WILL NOT ACCESS THE SERVICES FROM ANY TERRIROTY WHERE ITS CONTENT ARE ILLEGAL, AND THAT YOU, AND NOT THE COMPANY, ARE RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LAWS.
Limitation of Liability
Claim Limitations Period
You agree that regardless of any statute or law to the contrary, any claim or cause of action you may have arising from or relating to the Services or these Terms of Use must be filed within six (6) months after such claim or cause of action arose, or is forever barred.
Ability to Terminate Access to the Services
You agree that we may terminate or suspend your access to all or part of the Services, without notice, for any conduct that we, in our sole discretion, believe is in violation of these Terms of Use or any applicable law or is harmful to the interests of the Company or another user.
Applicable Law; Jurisdiction; Class Action Waiver
These Terms of Use shall be governed, construed and enforced in accordance with the internal laws of the State of New York, without regard to conflict of laws principles. To the extent permissible by law, any disputes under these Terms of Use or relating to the Services shall be litigated in the New York Supreme Court, Albany County or in the United States District Court for the Northern District of New York, Albany Division, and you hereby consent to personal jurisdiction and venue therein.
Use Outside of the United States
We expressly disclaim any representation or warranty that the Services comply with all applicable laws and regulations outside of the United States. If you use any of the Services outside of the United States, you acknowledge and agree that you are responsible for ensuring your use of the Services is in full compliance with all applicable laws, regulations, and customs of the jurisdiction in which you are located.
Miscellaneous
A modification or waiver of a part of these Terms of Use shall not constitute a waiver or modification of any other portion of the Terms of Use. If for any reason any provision of these Terms of Use is found unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of the Terms of Use will continue in full force and effect.
Contact Information
If you have any comments, questions or complaints regarding these Terms of Use or the Services or wish to report any violation of these Terms of Use, please contact us at [email protected]. We will address any issue to the best of our abilities as soon as practicable.
These Terms of Use were last updated on August 8, 2023.