Welcome to Ananda by the Chopra Center for Well Being® Online Subscription Service
Updated April 29, 2016
Ananda by the Chopra Center for Well Being® is a subscription service that provides members with access to meditations and music streamed over the Internet.
Ananda is an online subscription service consisting of content, a process, and a platform on which this service is made available (together called the "Service").
The content (the "Content") and inquiry process (the "Process") used for this Service are provided to you by The Chopra Center for Well Being ("Chopra Center"). The web-application and technical infrastructure (the "Platform") on which this Service is made available to you (including the payment infrastructure) are provided to you by Chopra Center. The terms and conditions in these General Terms of Service ("Terms of Service") set forth the terms and conditions which govern your use of this Service.
You must be 18 years or older to use the Service.
You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
You must provide your legal full name, a valid email address, and any other information requested in order to complete the subscription process.
You are responsible for maintaining the security of your account and password. Chopra Center cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all content posted and activity that occurs under your account (collectively, "Content") (even when Content is posted by others who have access to your account).
You must not post or allow any Content that infringes other parties' intellectual property rights or privacy or that violates any law or gives rise to any liability.
If Content from your Twitter or YouTube account or from any other website is posted, linked, or included in your mobile device Application through the Service, you represent and warrant that you have the right to allow such Content to be posted or included therein.
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
1. Before you access the Service
2. Who may benefit from the Service and what is it intended for?
Ananda is an online, interactive subscription service. The main purpose of the Service is to make subscription to the music and meditations available to everyone for purchase over the web, helping people to grow to their full potential.
3. What is the Service not intended for?
The Service does not provide you with medical, financial, or other professional counseling advice and is not intended as a substitute for the advice and/or supervision of professional services, consultation, or supervision you may need.
Your Ananda membership, which may start with a free trial, will continue month-to-month unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use the Service. We will bill the monthly membership fee to your Payment Method. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method.
5. Free Trials
Your Ananda membership may start with a free trial. The free trial period of your membership lasts for fourteen days, or as otherwise specified during the subscription process. Free trials are for new and certain former members only. Ananda reserves the right, in its absolute discretion, to determine your free trial eligibility.
We will begin billing your Payment Method for monthly membership fees at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including monthly membership price and end date of your free trial period, or to cancel your membership visit our website at https://chopraananda.com/privacy-policy. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. For one click cancelation of your subscription, go to https://chopraananda.com/subscription. We will bill your designated Payment Method on a monthly basis for your membership fee until you cancel.
Recurring Billing. By starting your Ananda membership and providing or designating a Payment Method, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the Ananda service to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the Service through the end of your current billing period. Your membership needs to be cancelled a minimum of 24 hours before your monthly charges occur.
Payment Methods. You may edit your Payment Method information by visiting our website at https://chopraananda.com/subscription. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
Cancellation. You may cancel your Ananda membership at any time, and you will continue to have access to the Ananda service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. To cancel your membership, go to our https://chopraananda.com/subscription page and click on the CANCEL SUBSCRIPTION button. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click "View billing details" on the "Your Account" page.
Invite Friends. We extend your next billing date by 14 days when your invited friend makes their first payment. When you invite a friend, they have the option to create an account with Ananda and will then receive their 14-day trial period. If your friend does not cancel their subscription before the free trial period ends, their account is charged and you receive your two weeks of free access. There is no limit to how many friends you can invite.
7. Your responsibility in maintaining security and confidentiality of your account information
As part of the subscription process and setting up an account, you will be asked to provide a username and password to subscribe to the Service. You acknowledge that you are entirely responsible for maintaining the security and confidentiality of your login credentials. Chopra Center 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 or permission. However, you may be held liable for any losses incurred by Chopra Center or another related party due to someone else using your account or password. Chopra Center may provide limited and controlled access to private data you enter into the platform to technical personnel if and when a technical question arises regarding the functionality of the Service. By accepting this agreement you acknowledge that you understand and agree with such limited access as described above.
8. Service and support
The Service has been built using widely applied technologies as web browsing, proprietary and open source media presentation technologies. Chopra Center provides no guarantee relative to the operability of such services on any specific computer hardware and software platform. Instructions to access this Service and provide technical support is provided in the form of FAQs are which may be accessed by going to https://chopraananda.com/help
9. Proprietary rights and confidential information
You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of CHOPRA CENTER and their licensors. The Service is protected by copyright, trademark, patent, trade secret, international treaties, and other proprietary rights, and also may have security components that protect digital information. Chopra Center owns all intellectual property rights in the Content and Process, and the intellectual property rights in the Platform. All rights in the Service are reserved. You may not duplicate, copy, or distribute any portion of the Service without prior express written permission from Chopra Center.
No rights are being granted to you except for the limited license mentioned above.
10. Copyright policy
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by Chopra Center infringe your copyright, you or your agent may send to Chopra Center a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Chopra Center actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to Chopra Center a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright or 17 U.S.C 512(c)(3) for details.
You must provide Chopra Center's Copyright Agent with the following information in writing:
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 you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Chopra Center's designated Copyright Agent to receive DMCA notices (notifications of claimed copyright infringement) are: email@example.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to our customer service through firstname.lastname@example.org. You agree that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
11. Disclaimer regarding links
Any links provided as part of the Service have been provided as a convenience, but Chopra Center does not control or endorse these linked websites, nor reviewed or approved the content which appears on the linked websites. Chopra Center is not responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, or other materials on or available from any linked websites. You acknowledge and agree that Chopra Center will not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods, or services available on or through the linked websites.
12. Disclaimer of warranties
THE SERVICE IS PROVIDED "AS IS," "AS AVAILABLE," AND WITHOUT WARRANTIES OF ANY KIND, IMPLIED OR EXPRESSED, AS TO THE ACCURACY, COMPLETENESS, USEFULNESS, OR APPROPRIATENESS FOR ANY PURPOSE. Chopra Center does not endorse nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on the Platform by anyone other than an authorized Chopra Center representative while acting in its official capacity.
13. Limitation of liability
CC nor anyone officially representing Chopra Center, is responsible or liable to you or anyone else for any damages, loss, or injury relating in any way to:
The use of or inability to use the Service made available;
Any content contained on the Platform;
Statements or conduct posted or made publicly available on the Platform;
Any action taken in response to or as a result of any information available on the Platform;
Any damage caused by loss of access to, deletion of, failure to store, failure to back up, or alteration of any content on the Platform;, or
Any other matter relating to the use of the Service.
You agree to indemnify, defend, and hold Chopra Center and their respective subsidiaries, affiliates, officers, directors, agents, co-branders, or other partners, employees, and representatives harmless from and against any and all claims, damages, losses, costs, or expenses (including reasonable attorneys' fees and disbursements) which arise directly or indirectly out of or from:
Your breach of this agreement,
Any allegation that any materials that you submit to Chopra Center or post on any forums (e.g., message boards, chat rooms, social media) infringe or otherwise violate the copyright, trade secret, trademark, or other intellectual property rights of a third party, and
Your access or use of the Service.
Chopra Center reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Chopra Center in asserting any available defenses.
This Section shall survive in the event this agreement is terminated for any reason.
This agreement shall remain in effect for as long as you continue to subscribe to the Service. You agree that CC, in its sole discretion, may terminate access to the Service and the Platform, in whole or in part, and remove and discard any content within the Platform at any time.
16. General Information
Ananda is an online, interactive subscription service. Participants can create tens of thousands of unique combinations with music that they pick from their library, paired with any of our meditations, then set the length of their experience and adjust the audio balance between the ambient music and the meditations that Deepak Chopra and the experts of the Chopra Center have put together. Access to our ever-growing library is available via computer, tablet or mobile device.
In connection with your use of the Service, you acknowledge and agree that you will not:
a) Copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell or distribute any information, software, products or services obtained through the Service;
b) Access the Service by any means other than through the standard industry - accepted or Chopra Center - provided interfaces;
c) Transmit any message, information, data, text, software, or image, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, vulgar, obscene, libelous, or otherwise objectionable which may invade another's right of privacy or publicity;
d) Impersonate any person or entity, including but without limitation, a Chopra Center official, forum leader, chat room monitor, guide or host, or falsely state or otherwise misrepresent your affiliation with such a person or entity;
e) Post or transmit any material that contains a virus or corrupted data;
f) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
g) Use of the Service's communications features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous postings of repetitive text);
h) Post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam" "chain letters," "pyramid schemes" or any other form of solicitation or any nonâ€“resume information such as opinions or notices, commercial or otherwise;
i) Violate any applicable local, state, national, or international law;
j) Upload or transmit any material that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
k) Delete or revise any material posted by any other person or entity;
l) Manipulate or otherwise display the Service by using framing or similar navigational technology;
m) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party, if you are not expressly authorized by such party to do so;
n) Use the Service for any purpose that is unlawful or prohibited by these terms and conditions;
o) Use the Service in any manner that could damage, disable, overburden, or impair the Platform or networks, or interfere with any other user's use of the Service;
p) Gain or attempt to gain unauthorized access to the Service, accounts, computer systems, or networks connected to the Platform through hacking, password mining, or any other means; and
q) Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service.
18. General Conditions
a) Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis.
b) Technical support is available from Chopra Center only via our web form AT http://choprananda.com/help on the right side of the page.
d) You must not modify, adapt, or hack the Service or Platform or modify another website so as to falsely imply that it is associated with the Service, Chopra Center, or any other Chopra Center service.
e) You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or Platform without the express prior written permission of Chopra Center.
g) Verbal, physical, written, or other abuse (including threats of abuse or retribution) of any Chopra Center customer, employee, member, or officer will result in immediate account termination.
h) You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
i) You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
j) You must not transmit any worms or viruses or any code of a destructive nature.
k) Chopra Center does not warrant that (i) the Service and Platform will meet your specific requirements, (ii) the Service and Platform will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service or Platform will meet your expectations, and (v) any errors in the Service will be corrected.
l) YOU EXPRESSLY UNDERSTAND AND AGREE THAT CHOPRA CENTER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF CI AND MC HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR PLATFORM; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (V) OR ANY OTHER MATTER RELATING TO THE SERVICE AND PLATFORM.
n) BY AGREEING TO THIS AGREEMENT, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST CHOPRA CENTER BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXPRESS AND EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE AND FEDERAL COURTS LCOATED IN THE CITY OF SAN DIEGOIN THE STATE OF CALIFORNIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE CITY OF SAN DIEGO, CALIFORNIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS
o) Chopra Center may assign this contract at any time without notice to you. You may not assign this contract to anyone else.