Agreement regarding Recordings offered and purchased on this Website

 

This End User License Agreement is a legal agreement between you and Dr. Christa Herzog (Dr. Herzog) governing the license and use of the audio content owned or licensed by Dr. Herzog and made available for purchase. All use of the recordings by you is governed by this agreement. Please read it carefully.

By purchasing any product from this website, this agreement applies, and you signify your consent to the license grants contained herein as well as the terms and conditions of this agreement. By purchasing any product from this website you also agree that you will review and accept this agreement.

User licence: Subject to the terms and conditions set forth herein, Dr. Herzog grants you the non-transferable, right and license to: download the recordings you have purchased from this website and listen to the recordings on devices owned by you.

Dr. Herzog has the sole copyright of all recordings you purchase on this website.

The following restrictions shall apply to your use of the recordings:
• You may not copy or reproduce any portion of the recordings.
• You may not distribute, share, transfer, sell, lease, or rent any of the recordings to any other person or entity, in whole or in part.
• You may not change, alter, modify, or create derivative works, enhancements or extensions to any of the recordings.
• You may not use the recordings for commercial purposes, or purposes other than your personal use.

Dr. Herzog reserves the right to change the content of the recordings, remove part or all of the recordings offered on this website, without lletting you know.

THE CONTENTS OF THE RECORDINGS ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. RELIANCE ON ANY INFORMATION IN OR VIA THE RECORDINGS IS SOLELY AT YOUR OWN RISK.

Disclaimer. Dr. Herzog is making the recordings available to you “as is” and you agree that your use of the recordings is at your own risk. Dr. Herzog disclaims all warranties which relate in any way to the recordings.

Indemnity. You shall defend, indemnify, and hold harmless Dr. Herzog, its employees and agents, from and against any and all suits, proceedings, claims, losses, and damages (including reasonable attorneys’ fees) related to any breach by you of this agreement, and any claim by a third party that arises from your use or misuse of the recordings.

Limitation of Liability. IN NO EVENT SHALL DR. HERZOG OR LICENSORS BE LIABLE TO YOU FOR SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE RECORDINGS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, AND ERRORS IN CONTENT, REGARDLESS OF THE FORM OF ACTION. THE TOTAL LIABILITY OF DR. HERZOG IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE RECORDINGS SHALL NOT EXCEED THE FEES ACTUALLY PAID BY YOU FOR THE APPLICABLE RECORDINGS. THE PROVISIONS CONCERNING LIMITATIONS OF LIABILITIES AND DAMAGES ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES AND SHALL SURVIVE THE FAILURE OF, ANY OTHER PROVISION IN THIS AGREEMENT (INCLUDING EXCLUSIVE REMEDIES).

Choice of Law. This agreement shall be governed by the laws of the State of Austria/Europe and the international internet law. Any legal proceedings to enforce the provisions hereof shall be brought in the Courts of Vienna, Austria.

By downloading, listening to, or otherwise accessing the recordings, you represent and warrant that you are 18 years of age or older, capable of entering into a binding legal agreement, and have read, understood, and agreed to be bound by all provisions of this agreement. For purposes of this agreement, the effective date shall mean the date on which you first ordered any product(s) from this website.

 


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