Sleeping Maestro App – Usage Terms & Conditions
This document sets forth the Terms and Conditions (the “Terms”) between The Bigger Game and/or SleepingMaestro.com (referred to herein as “Sleeping Maestro”, “Us”, or “We”) and the user (referred to herein as “You”, or the “User”) under which we provide content, products or services via SleepingMaestro.com (the “Website”), via our downloadable mobile applications (the “Apps”), or other delivery methods, (all related content, products, and services are collectively referred to herein as the “Program”).
By using the Program, you hereby agree to these Terms. In some instances, over and above these Terms, there may be separate guidelines, rules, or terms of service that may apply to your use of the Program, or to a service or product offered by us (“Additional Terms”). To the extent there is a conflict between these Additional Terms and the Terms, the Additional Terms will take precedence, unless the Additional Terms expressly state otherwise.
There exists only a single, paid version of Sleeping Maestro. You will have full access to the content and services provided by the Program. By becoming a User, you warrant that:
- You are legally capable of entering into binding contracts;
- All registration information you submit is truthful and accurate;
- You will maintain the accuracy of such information; and
- Your use of the Program does not violate any applicable law or regulation.
Program is intended to be operated only by adults. Content available for children must be used solely under the supervision of their parent, guardian or authorized school official.
Subscription is paid for by a one-off upfront payment. (For the purposes of this subscription, Lifetime constitutes the lifetime of the specific content and services of the product. We make no warranties or representations as to the expected lifetime of the services). Our obligation to provide service is only valid once we have received payment.
Account Information & Security
No personal data is collected on the website or within the app. You will NOT be asked to create an account or password.
Copyright & License
By using the Program, you agree that the Bigger Game shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind.
All title and copyrights in and to the Program are owned by The Bigger Game. Usage of the Program is licensed to you for the term of your use of the Program and not sold to you. Your right to use the Program is limited, personal, non-transferable, and non-exclusive.
You may not delete or obscure any copyright, trademark or other proprietary notice on the any part of the Program or accompanying printed materials. You may not decompile, modify, reverse engineer, disassemble or otherwise reproduce the Program. You may not rent, lease, or sublicense the Program, create derivative works based on the Program, or otherwise commercially exploit the Program.
In connection with the use of the Program, you shall abide by all applicable federal, state or local laws, including those pertaining to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright and trademark infringement (“Applicable Law”). The Program includes intellectual property that is protected under the copyright, trademark and other intellectual property laws. Such Intellectual Property Laws generally prohibit the unauthorized reproduction, distribution or exhibition of all text, photographic and graphic (art and electronic) images, music, sound samplings and other protected materials. The violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties.
Except as expressly provided, nothing herein or within the Program shall be construed as conferring any license under any of the Bigger Game’s or any third party’s intellectual property rights, whether by implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain content available through and used to operate the Program, including, without limitation, the Applications and the Website, are protected by copyright, trademark, patent, or other proprietary rights of The Bigger Game, licensors, and/or service providers. Without limiting the generality of the foregoing, the rights granted to you herein are expressly made subject to full and strict compliance by you with any and all of the provisions of these Terms and applicable Additional Terms, including, without limitation, full and strict compliance with all of the following limitations: you undertake, acknowledge and agree that you shall not, and shall not allow any other third party, to: (a) remove any copyright, trademark or other proprietary notice or disclaimer (each, a “Notice”) from the Program; (b) make a use of the Program for any purpose other than the purpose for which such intellectual property is made available to you; (c) modify, copy, adapt, translate or create derivative works, of any kind whatsoever, of the Program or any components used in connection with the Program; or (d) reverse engineer, de-compile, disassemble or otherwise attempt to derive the source code of the Program or any components used in connection with the Program.
Submitted Content & Postings
You are responsible for the content of any information you post publicly to, or by way of, the Program, or otherwise submit (“User Content”). You hereby grant to the Bigger Game, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your User Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User Content for any purposes whatsoever, including developing, producing, and marketing products and/or services. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section.
Availability of the Program
Although we aim to offer you the best service possible, we make no promise that the Program will meet your requirements and we cannot guarantee that the operation of the Program will be fault free. If you notice any technical issues with the Program, please report it to us at support@SleepingMaestro.com and we will make our best efforts to address the issue as soon as possible. Your access to the Program may be occasionally restricted to allow for regular maintenance or the introduction of new features or versions.
The Bigger Game is a provider of online and mobile meditation-related content in the health & wellness space. We do not provide medical or psychological advice. Although there is substantial research demonstrating the benefits of meditation and hypnosis, we make no claims or guarantees that this will be the case in any individual circumstance through the use of the Program. Any user experiencing medical or psychological issues should consult their doctor. Any advice or other materials contained in the Program are intended for general information purposes only. They are not a substitute for professional medical or psychological advice or treatment based on your personal circumstances. The Program should not be used while operating a vehicle, machinery, or in any situation where your full attention is required for your safety.
Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PROGRAM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE BIGGER GAME NOR ITS LICENSORS WARRANT THAT ANY INFORMATION IS COMPLETE OR ACCURATE, THAT USAGE OF THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION IS FREE OF ROGUE PROGRAMMING.
Limitation of Damages
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL THE BIGGER GAME, ITS LICENSORS, DIRECTORS, EMPLOYEES OR SHAREHOLDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE THE PROGRAM, INCLUDING WITHOUT LIMITATION USE OF OR RELIANCE ON CONTENT CONTAINED WITHIN THE PROGRAM, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NON-DELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE.
Release and Indemnity
YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST THE BIGGER GAME, ITS LICENSORS, DIRECTORS, EMPLOYEES OR SHAREHOLDERS ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE PROGRAM. YOU ALSO AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS, BREETHE ITS LICENSORS, DIRECTORS, EMPLOYEES OR SHAREHOLDERS, FROM AND AGAINST, ANY AND ALL CLAIMS OR LIABILITY, INCLUDING COSTS AND ATTORNEYS FEES, ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE PROGRAM OR FAILURE TO ABIDE BY APPLICABLE LAW.
You acknowledge and agree that The Bigger Game reserves the right at any time to modify or discontinue the Program, in whole or in part, with or without notice to you, and that The Bigger Game will not be responsible or liable, directly or indirectly, to you or any other person in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such modifications or discontinuance.
Termination by Us
You acknowledge and agree that The Bigger Game, in its sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of, or access to, the Program, and remove and discard any information or content related to such Program (and your use thereof), where The Bigger Game believes that you have violated the Terms. You further agree that The Bigger Game shall not be liable to you or to any other person as a result of any such suspension or termination.
Trademarks and Copyright
Use of the all logos, or any other marks used in the Program without the express written consent of The Bigger Game , or the owner of the mark as the case may be, is strictly prohibited.
All information and content contained on, or made available over, the Program are copyright of The Bigger Game , or its licensors. All rights reserved. Any copying, re-publication or re-distribution of such content, including by caching, framing or similar means, is expressly prohibited without the prior written consent of the copyright owner and The Bigger Game.
Governing Law and Miscellaneous
The Terms constitute the entire agreement between The Bigger Game and you pertaining to your use of the Program and supersede any prior agreements between you and The Bigger Game. The Bigger Game’s failure to insist upon or enforce strict performance of any right or provision of the Terms shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in the Terms are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. The Terms shall be governed by and construed in accordance with the laws of Australia. You agree that any dispute in connection with the Program shall be the sole and exclusive jurisdiction of the courts of Victoria, Australia and you irrevocably agree to the jurisdiction of such courts. These Terms, and any Additional Terms as the case may be, may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of The Bigger Game. We are free to assign the Terms and Additional Terms and to delegate our duties.
In connection with the Program you may receive communications and notifications from within the Program, via e-mail or via third-party social network notifications. These communications may be of an informative or promotional nature such as information about new features or price promotions available in the Program.
Modifications to the Terms
The Program and the terms and conditions of its use will evolve as our services evolve. Accordingly, you agree that the Terms, and any Additional Terms, are subject to prospective change from time to time upon notice, and your continued use of the Program is conditioned upon your acceptance of any modifications hereto that are then posted on the Program, which you acknowledge is a sufficient means of giving you notice of the prospective changes.
If you use the Program from locations outside of North-America, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. We reserve the right to limit the availability of the Program, and/or the provision of any content, program, product, service, or other feature described or available on or in connection with the Program, to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide.
If you have any questions or concerns regarding these Terms, please email: firstname.lastname@example.org
If you are unhappy with your purchase, refunds are possible within the first seven days through the service provider from which you downloaded the app.
Pricing Change Policy
Our prices may change at any time in the future as The Bigger Game sees fit.
Lifetime of the program
Sleeping Maestro is offered as a one-time “lifetime” subscription that provides access to the full services of the program for as long as those services are available. The Bigger Game makes no warranties or representations as to the expected lifetime of the services, and in purchasing the program, you acknowledge and agree that the services could change or terminate in the future.
Last Update: July 2020