and “Your Privacy Rights” for California Residents)
Effective and last revised on June 8, 2011
Welcome to the GaiamTV websites, which are owned and operated by Gaiam, Inc., a Colorado corporation, and its affiliates (collectively, the “Websites”).
The Websites may include some or all of the following: (a) a platform for the purchase and use of digital content, which allows end-users to purchase a subscription and stream pre-recorded audio and video content over the Internet for personal use, (b) an e-commerce site, which allows users to purchase products from the GaiamTV online store, and (c) one or more websites where other online content (including content provided by Gaiam, Website users and third parties), resources, tools, products, services, communications and social networking features may be accessed and used. All of the foregoing are collectively referred to as the “Services.”
2. Acceptance of Terms and Agreement to Be Bound. The Services are offered to you on the condition that you accept and agree to be bound by the Agreement in its entirety without modification of any kind. By accessing and/or using any of our Websites, you agree to be bound by the Agreement, whether you are a "Visitor" (which means that you simply browse one or more of our Websites) or you are a "Registered User" (which means that you have registered to use the Websites and have subscribed to use one or more of the Services). If you do not accept the terms of this Agreement, you are not permitted to use the Websites and/or subscribe to the Services, and you are obliged to exit all of the Websites and discontinue any and all use of the Websites and the Services immediately.
3. Modifications. We may modify this Agreement from time to time, and, to the greatest extent permitted by law, such modifications shall be effective upon posting at any of our Websites. By accessing and/or using any of our Websites after any such modification is posted, you are agreeing to be bound by such modifications. You also acknowledge and agree that it is your responsibility to monitor the Websites for the posting of modifications and to review such modifications on a regular basis. If you do not agree to be bound by any future modifications of this Agreement, your exclusive remedy is to cancel your account and discontinue your use of the Websites and the Services. Except as otherwise expressly provided herein, any new features, tools, products and/or services that change, augment, enhance or upgrade the current Websites and/or the Services will be subject to this Agreement.
4. General Registration Requirements. Visitors are currently permitted to view only limited portions of the Websites prior to deciding whether to become a Registered User. Full access to the Websites and the Services is available only to Registered Users and, if a subscription is required, then only to Registered Users who are also paid subscribers. If you wish to become a Registered User, you must register on our Websites, you must complete the registration procedures displayed on the registration page(s) of the Websites and, where applicable, pay the required subscription fee. Some aspects of the Websites and the Services are available to all Registered Users, and some are available only to Registered Users who have paid the required subscription fee and/or other charges, all of which are posted at the Websites.
5. Age Requirements for Access and Use of the Websites. By accessing and using the Websites, you acknowledge and agree that you are representing to us that you are over the age of 18 and you are of legal age to form a legally binding contract, and you are not a person barred from purchasing or receiving products and services, under the laws of the United States or other applicable jurisdiction. Registration, subscription, access to and use of the Websites and the Services are not available to users under the age of 18 and are void where prohibited by applicable law.
6. Requirements for Becoming a Registered User. By completing the registration procedures displayed on the registration page(s) of the Websites, you acknowledge and agree that (a) you are representing to us that you are providing true, accurate, current and complete information about yourself as prompted by the registration form available on our Websites (the "Registration Data"), and (b) you are obliged to maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future access to and/or use of the Websites and the Services (or any portion thereof).
8. Member Account, Password and Security. As a Registered User, you are required to choose a password, provide your date of birth, and provide your email address, and you may be asked for additional information regarding your account. You are responsible for maintaining the confidentiality and security of the password and all other account information, and you are fully responsible and liable for all access to and use of the Websites and the Services that occur under your password or account. You agree to (a) immediately notify us by e-mail to email@example.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. Gaiam will not be liable for any loss or damage arising from your failure to comply with this section.
10. Security Components. You acknowledge and agree that the Websites and the Services, and the software embodied within the Websites and the Services, may include security components that permit digital materials to be accessed, used, and protected, and that use of these security components is subject to usage rules set by Gaiam and/or content providers who provide content to Gaiam. You may not attempt to override or circumvent any such security components and usage rules embedded in the Websites and the Services.
11. Subscription Fees and Payment. Access to and use of the Services is subject to a subscription fee ("Fee"). The Fee is payable in U.S. dollars. You will be required to provide your credit card number and other information at the time of your initial registration. Your credit card will automatically be charged at the time of your subscription or the end of your free trial, and regularly thereafter based on the terms of your subscription, and you hereby authorize Gaiam to charge your credit card for the then-applicable subscription fee. The Fee is non-refundable except as provided in Section 26 below (“Term and Termination”). Gaiam reserves the right to change or modify the Fee or payment schedule (including, without limitation, increasing prices and charging a fee for upgrades) at any time. Gaiam will use its reasonable best efforts to provide you with reasonable notice prior to making any fee changes or modifications.
If Gaiam is for any reason unable to effect automatic payment via your credit card, Gaiam will attempt to notify you via email and your account will be disabled until payment is received. You are responsible for notifying Gaiam of any changes to your credit card information and to update your information if your credit card has expired. Gaiam may suspend, terminate and/or otherwise interrupt your access to the Services if you fail to so notify Gaiam.
All Fees are exclusive of all excise, sales, use, transfer and other taxes and duties imposed with respect to the Services by any federal, state, municipal or other governmental authority, all of which taxes you are required to pay except for taxes based on Gaiam’s net income. You are responsible for obtaining and providing to Gaiam any certificate of exemption or similar document required to exempt any transaction from sales, use or similar tax liability.
You agree to pay your account balance on time. You are responsible and liable for any costs and expenses, including attorney and collection fees, that Gaiam may incur in its efforts to collect any remaining balances due from you. This paragraph will in no way limit any other remedies available to Gaiam. You are required to notify us of any billing problems or discrepancies within sixty (60) days after they first appear on your credit card account statement by sending a written notice to firstname.lastname@example.org. If you do not so notify us within the time allowed, you waive any right to dispute such problems or discrepancies.
12a. Content. The content available at the Websites and the Services generally consists of (a) content owned by Gaiam, including but not limited to the trademarks, trade dress and “look and feel” of the Websites and content created and/or acquired and owned by Gaiam (“Gaiam Content”), (b) content owned by third parties and licensed to Gaiam for specified uses on the Websites and the Services (“Third-Party Content”), and (c) content that may be posted and/or otherwise uploaded to the Websites and/or the Services by you (“User Content”). As between you and other Registered Users, however, the content posted by other Registered Users is considered to be “Third-Party Content.” All of the foregoing are collectively referred to as “Site Content.”
12b. Geographic Limitations. Due to certain licensing restrictions placed on our titles, some content may not be available in your geographic location, and therefore, cannot be viewed. If at any time you feel this inhibits your experience upon purchasing a GaiamTV subscription, please contact our customer service department and we will work with you in order to remedy the situation. You can reach customer service by email at email@example.com , or by phone at 866-284-8058.
13. Ownership of Content. Gaiam does not claim ownership rights in any User Content that you post on the Websites or otherwise make available through the Services. Subject to the non-exclusive license contained in Section 14 below (“License to Your Content”), as between Gaiam and you, you will retain all intellectual property rights that you may have in any User Content that originates with you.
14. License to Your Content. In order to be able to offer you the use of our Websites and the Services pursuant to this Agreement, you are required to grant a license to Gaiam to use and distribute your User Content. This enables us to permit other Visitors and Registered Users to view and share your User Content, and to display your User Content in other places within the Websites. Accordingly, by posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, "posting") any User Content on or through our Websites or the Services, you hereby grant to Gaiam a non-exclusive (meaning you can license the User Content to other parties as well), fully-paid, royalty-free, perpetual, irrevocable, worldwide license (including the right to sublicense) to use, copy, modify, adapt, translate, create derivative works, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such User Content on and through the Websites and/or the Services, in print, or in any other format or media now known or hereafter invented, without any obligation of notification, compensation, attribution or consent. Notwithstanding the foregoing, we will not use your User Content to create commercial products such as books. For purposes of this section, “commercial products” does not include use on the Websites and the Services and/or the advertising, publicity, promotional and marketing materials for the Websites and the Services in any and all formats and media now known or hereafter invented. If you wish to remove any User Content from the Websites and/or the Services, the decision will be made by Gaiam alone in its sole and absolute discretion, and our decision may depend on the type of User Content, the location and manner of posting, and other factors. You may contact us at to request the removal of certain User Content you have posted, but Gaiam has no obligation to remove any such User Content, may choose whether or not to do so in its sole discretion, and makes no guarantee as to the complete deletion of any such User Content and copies thereof. In any case, a back-up or residual copy of any User Content posted by you may remain on Gaiam’s servers after the User Content appears to have been removed from the Websites and/or the Services, and Gaiam retains all rights granted in this section to all such remaining copies. You represent and warrant that: (i) you own all right, title and interest in all User Content posted by you on or through our Websites or the Services, or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your User Content on or through the Websites and/or the Services does not require the knowledge or consent of any third party and does not violate the privacy rights, publicity rights, copyrights, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.
15. Prohibited Conduct. The Websites and the Services may include features that permit you to post User Content, which includes and applies to (but is not limited to) content of your own, comments on the User Content posted by other Registered Users, and communications with other Registered Users. Such User Content includes but is not limited to information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials. You acknowledge and agree that you shall not use the Websites and/or the Service to post or other transmit User Content that:
is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
exploits people in a sexual or violent manner;
contains nudity, violence, or offensive subject matter;
solicits personal information from anyone under the age of eighteen (18);
provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own;
promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
violates any intellectual property or other proprietary right of any third party, including User Content that promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial or unlawful purposes from other Members;
involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
includes a photograph of another person that you have posted without that person's consent or, in the case of children under the age of eighteen (18), parental consent, or otherwise constitutes an invasion of an individual's privacy or infringement of publicity rights; or
contains a virus or other harmful component.
16. Responsibility for User Content. You, and not Gaiam, are entirely responsible for all User Content that you upload, post, email, transmit or otherwise make available via the Websites and/or the Services. Gaiam does not control the User Content posted via the Websites and/or the Services and, as such, we cannot and do not guarantee the accuracy, integrity or quality of such User Content. You acknowledge and agree that, by using the Websites and the Services, you may be exposed to User Content that you deem offensive, indecent or objectionable. Under no circumstances will Gaiam be liable in any way for any User Content, including, but not limited to, any errors or omissions in any user Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Websites and/or the Services.
17. Rejection and/or Removal of User Content. You acknowledge and agree that Gaiam may or may not pre-screen User Content posted on our Websites, but that Gaiam shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, and/or remove any User Content or portion thereof that is available via the Websites and/or the Services, in its sole and absolute discretion, for any reason, including but not limited to its determination that any such User Content is not appropriate for the Websites and/or the Services, or for no reason. Without limiting the foregoing, and by way of example only, Gaiam shall have the absolute right to remove from the Websites and/or the Services any User Content that violates this Agreement or is otherwise objectionable in the sole discretion of Gaiam, or to restrict, suspend, or terminate your access to all or any part of the Websites and/or the Services at any time, for any or no reason, with or without prior notice, and without liability. If you become aware of misuse of the Websites and/or the Services by any person, please contact Gaiam by email at firstname.lastname@example.org.
18. Limited License. Gaiam hereby grants to Registered Users a limited, personal, revocable, non-sublicensable license to display a single copy of the Gaiam Content and the Third-Party Content located on or available through our Websites or Service (excluding any software code therein) solely for your single, personal, non-transferable and non-commercial use in connection with viewing our Websites and using the Services during the term of your registration. All such use is subject to the terms and conditions set forth in this Agreement and may be terminated by Gaiam as set forth in this Agreement. Except for User Content posted by you, you may not copy, store, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Site Content for any purpose whatsoever.
19. Examples of Limitations on Use. Any non-commercial reuse of any portion of the Site Content by a Registered User that falls within what is allowed as “Fair Use” under the United States copyright and trademark law is permitted. In addition to the limitations set forth in Section 18 above (“Limited License”), and by way of example only, no commercial storage, use, reproduction or transmission of any Site Content is permitted under any circumstances. The Websites and the Services may not be used in connection for any commercial purposes except as specifically approved in writing and in advance by an authorized representative of Gaiam. Unauthorized framing of or linking to any of our Websites is prohibited. Commercial advertisements and other commercial content, affiliate links, and other forms of solicitation may be removed by Gaiam from the Websites and the Services without notice and may result in termination of registration and subscription and denial of access to and use of the Websites and the Services.
20. Health and Medical Concerns. Some of the Site Content includes information and instruction relating to exercise and fitness, and some of the products and services available through the Websites and the Services relate to exercise and fitness. You acknowledge and agree that the following warnings and disclaimers shall apply to all such information, instruction, products and services.
Before participating in any exercise program or using any fitness products or services that may be described and/or made accessible in or through the Website and/or the Services, we strongly recommend that you consult with a physician or other healthcare provider. Gaiam, its staff and the content-providers are not licensed medical care providers, are not rendering personal medical advice or treatment, and have no expertise in advising on, diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition.
The Websites and the Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment. You acknowledge and agree that when participating in any exercise or exercise program, and/or when using any fitness products or services, there is the possibility of physical injury and/or death, and you assume the risk and responsibility for any such results.
You should never disregard medical advice or delay seeking it because of a statement you have read on the Websites and/or the Services. The Websites and the Services should not be used in lieu of advice given by qualified medical professionals such as your doctor or registered dietitian. It is important that the Websites and the Services are used only in conjunction with qualified medical guidance. If you know or suspect that you may be pregnant, have an eating disorder, have diabetes, or have any other physical or medical condition, it is imperative that you seek the advice of your doctor prior to using the Websites and/or the Services.
You must always consult your doctor before beginning an exercise or dietary program. Keep the following checklist in mind when developing your program in conjunction with your health care provider, but also bear in mind that the checklist is not exhaustive and does not take the place of a consultation with your healthcare provider.
After exercise do you frequently experience chest pains?
Do you get dizzy when you exercise?
Are you breathless after exercising?
Do you take medication for high blood pressure?
Do you have joint problems?
Do you have a medical condition, which might need special attention when exercising, for example diabetes?
Have you been physically active in the past?
Do you have a heart condition that requires supervised physical activity?
If you experience any discomfort or pain during an exercise routine you must immediately cease the activity and seek the assistance of a physician.
21. Reservation of Rights. Gaiam Content and Third-Party Content are protected by copyright, trademark, patent, trade secret and other laws. Gaiam and its third-party licensors owns and retains their respective rights, title and interest in and to their respective content subject only to the limited licensed granted to Registered Users as set forth above.
23. International Use. Due to the global nature of the Internet, you acknowledge and agree that you are obliged to comply with all applicable laws, rules and regulations regarding the access to and use of the Websites and the Services. By way of example only, you acknowledge and agree that you are obliged to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, and that restrictions on access to and/or use of some Site Content may apply to users based on their place of domicile, residence and/or use.
24. Take-Down Notices Under the DMCA. Gaiam will receive and evaluate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). Written notices of claimed copyright infringement must be in strict compliance with all terms and conditions of the DMCA and must be submitted according to the procedures set forth in the DMCA to the following Designated Agent for Gaiam:
Name of Agent Designated to Receive Notification of Claimed Infringement on Behalf of Gaiam: John Jackson, Esq.
Full Address of Designated Agent to Which Notification to Gaiam Should Be Sent:
John Jackson, Esq.
833 W. South Boulder Road
Louisville, CO 80027
Telephone Number of Designated Agent: (303) 222-3809
Fax Number of Designated Agent: (303) 222-3609
Email of Designated Agent: email@example.com
25. Registered User Disputes. You are solely responsible for your interactions with other Registered Users. Gaiam reserves the right, but has no obligation, to monitor disputes between you and other Registered Users.
26. Term and Termination.
This Agreement, as it may be modified from time to time, shall remain in full force and effect for so long as it is posted on any of the Websites or until terminated by Gaiam or by you.
You may terminate your status as a Registered User and cancel your account at any time and for any reason, by notifying us by email at firstname.lastname@example.org or by phone at 866-284-8058, but any such termination and cancellation will be effective only after Gaiam has processed the request. If you cancel your account prior to the expiration of your pre-paid subscription period, you will forfeit the Fees paid for any unused portion of your subscription, which are non-refundable. However, you will be able to continue viewing premium content until the expiration of your current pre-paid subscription period. You also acknowledge and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with Gaiam.
Gaiam reserves the right to suspend or terminate your status as a Registered User, cancel your account, and disable your access to the Websites and Services at any time, with or without notice to you, with or without cause, and without liability to you. Gaiam shall have no liability to you or any third party because of such suspension or termination or related action for any reason except as follows: (a) If Gaiam elects do so with cause, then no refund of any unused portion of a pre-paid subscription is owing, and (b) if Gaiam elects to do so without cause, then Gaiam will refund any unused portion of a pre-paid subscription.
The following sections shall survive any termination of this Agreement, your account, and/or your use of the Service: Section 9 (“Preservation and Disclosure of Account Information and User Content”), Section 12 (“Content”), Section 13 (“Ownership of Content”), Section 14 (“License to Your Content”), Section 16 (“Responsibility for Your User Content”), Section 17 (“Rejection and/or Removal of User Content”), Section 20 (“Health and Medical Concerns”), Section 21 (“Reservation of Rights”), Section 22 (“Other Sites”), Section 23 (“International Use”), Section 25 (“Registered User Disputes”), Section 27 (“Disclaimer of Warranties”), Section 28 (“Waiver of Claims”), Section 29 (“Limitation of Liability”), Section 30 (“Severability”), Section 31 (“Indemnity”), and Sections 34 through 40.
Upon suspension or termination, Gaiam shall have no obligation to save any User Content that you may have posted or otherwise provided, and we reserve the right to permanently delete and destroy any of your personal information and/or User Content.
27. Disclaimer of Warranties. You acknowledge and agree that the Websites and the Services are offered without warranties of any kind whatsoever by Gaiam and/or the providers of Site Content. The disclaimer of warranties includes, but is not limited to, the following.
(a) Your use of the Websites and the Services is at your sole risk. The Websites and the Services are provided on an “as is” and “as available” basis. Gaiam and its parent, subsidiaries, affiliates, successors and assigns, and their respective shareholders, officers, directors, employees, agents, partners, licensors, vendors and contractors (collectively, the “Gaiam-Related Parties”) expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement, with respect to the service, the websites, and any third party websites with which they are linked.
(b) The Gaiam-Related Parties are not responsible or liable for any loss, damage, injury or health problems that may result from your use of the Site Content and/or other aspects of the Websites and/or the Services, including but not limited to training programs, recipes, products, services, events and/or information that you may learn about on the Websites and/or the Services, and/or any action or inaction on your part as a result of information you have obtained from the Websites and/or the Services. By way of example only, if you engage in any exercise or diet program that you receive or learn about through the Websites and/or the Services, and/or if you use any product or service that you receive or learn about through the Websites and/or the Services, you agree that you do so voluntarily, after consulting an appropriate health professional of your choice, and at your own risk, and you agree to release and discharge the Gaiam-Related Parties Gaiam from any and all claims or causes of action, known or unknown, arising out of the foregoing.
(c) The Gaiam-Related Parties make no warranty that the Websites or the Services, the Site Content, and/or the information, products and services available through the Websites or the Service will meet your expectations or requirements, or that you will achieve any particular results from the use of any of the foregoing, or that the Websites or the Services will be uninterrupted, timely, secure, error-free, or free of any harmless components (including viruses, malware, spyware, or comparable components.
(d) You expressly assume the risk, by way of example, of deletion, misdelivery or failure to store postings of User Content, communications, personalized settings, or data, and you acknowledge that the Gaiam-Related Parties make no warranties regarding the foregoing.
(e) Any material downloaded or otherwise obtained through the use of our Websites or the Services is accessed at your own discretion and risk, and you will be solely responsible for any loss or damage to your computer system or loss of data that results from the download of any such material.
28. Waiver of Claims. You hereby waive, release and discharge the Gaiam-Related Parties from and against any claims that you may be entitled to make by reason of any use of your User Content authorized under this Agreement and/or by reason of your participation in any of the communications and social networking features of the Services, including but not limited to, and by way of example only, any claims based on copyright infringement, trademark infringement, rights of privacy or publicity, defamation and otherwise.
29. Limitation of Liability. To the fullest extent permitted by applicable laws, the Gaiam-Related Parties will in no event be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from or in connection with any use of the Websites and/or the Services, and/or any website with which they are linked, and/or any content, information, products or services accessible through the Websites and/or the Services, even if any of the Gaiam-Related Parties have been advised of the possibility of such losses or damages. Notwithstanding anything to the contrary contained herein, the aggregate liability of the Gaiam-Related Parties to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Gaiam for the Services.
30. Severability. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you. In any such case, and/or if any terms or conditions of this Agreement are held to be invalid for any reason whatsoever, this Agreement shall remain in full force and effect on its remaining terms and conditions of this Agreement unless and until terminated by Gaiam. Furthermore, if any term or condition of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the intentions of the parties as reflected in the invalidated provision.
31. Indemnity. You agree to indemnify, defend, and hold harmless the Gaiam-Related Parties from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your breach of the terms of this Agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Gaiam will use its reasonable best efforts to notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
32. Additional Terms. We may also require you to follow additional rules, guidelines or other conditions ("Additional Terms") in order to participate in certain promotions or activities available through our Websites, to obtain certain premium Site Content through our Websites, and/or for other reasons. In addition, certain Additional Terms will govern your subscription to the Services and any purchases you make through the online store. These Additional Terms will be posted on the relevant portions of our Websites or on the portions of our Websites that describe the specific promotions, Content, or activities. These Additional Terms are incorporated by reference in this Agreement, and you agree to comply with them when you participate in those promotions, purchase items from our online stores, or otherwise engage in activities governed by such Additional Terms.
33. Modification and Discontinuation. We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Websites and/or the Services, or any portion thereof, with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Websites and/or the Services.
35. Choice of Law and Forum. This Agreement and the relationship between you and Gaiam shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions. You and Gaiam agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Denver, Colorado.
36. No Waiver. The failure of Gaiam to exercise or enforce any right and/or remedy under this Agreement shall not constitute a waiver of such right and/or remedy.
37. Statute of Limitations. You acknowledge and agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Websites, the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
38. Relationship of the Parties. You and Gaiam acknowledge and agree that they are independently contracting parties dealing at arm’s length with each other in connection with the licensing of intellectual property rights and the provision of services. No partnership, joint venture, joint authorship, employment, fiduciary, agency or other relationship is created between them.
39. Binding on Successors. This Agreement shall be binding on and inure to the benefit of the heirs, executors, administrators, licensees, successors and/or assigns of the parties, as applicable. For avoidance of doubt, you acknowledge and agree that Gaiam is fully authorized to assign, sublicense and/or otherwise convey and transfer this Agreement and/or any of its rights under this Agreement at any time, in its sole and absolute discretion, and without compensation of any kind to you.
40. Notices and Questions. If you have any questions regarding this Agreement, please contact us by email at Info@gaiamtv.com, or by mail at GaiamTV, 833 W South Boulder Road, Louisville, CO 80027. Except as otherwise specified elsewhere in this Agreement, notices to Gaiam may be given at the foregoing email and postal addresses, and notices to you may be given at the address provided to us at the time of registration and/or the purchase of goods and services from Gaiam.
(Including Children’s Online Privacy Protection Policy
and “Your Privacy Rights” for California Residents
Effective and last revised on June 6, 2011.
3. Information Collected By the Websites. We collect two types of information from users of the Websites: personal information described below; and non-personal information such as information about traffic patterns on the Websites.
4. Personal Information. To access certain portions of the Websites, including the portions where the Services are offered, we require you to register and select a user name and password. Some personal data is collected during the registration process. We may then ask for additional information, including personally identifiable and non-personally identifiable information.
When you make a purchase on one of the Websites, when you subscribe to the Services, and/or when you enter a contest or other promotion, we may ask you for certain personal information such as your name, address, e-mail address, or credit card number, in order to process your order, manage your subscription, administer the contest, or send you promotional e-mails. Providing personal information in these instances is solely your choice; you do not need to provide such information, make purchases, or enter such contests to browse our Websites as a Visitor.
5. How We Use Your Personal Information. We use the information collected on the Websites for a variety of purposes, including, but not limited to, running the Websites and the Services and contacting users. The Websites and the Services may also make available to other Registered Users information provided by you during registration, such as your screen name. We may use your information to communicate back to you, to update you on products, services and benefits, to personalize the Websites for you, to contact you for market research or to provide you with marketing information, newsletters, or other information we think would be of particular interest. In addition, if you make a purchase on any of the Websites, we may send you order and shipping confirmation emails. We will always give you the opportunity to opt out of receiving such materials.
You can remove your e-mail address from our e-mail list at any time by following the procedures set forth in the Section 9 below (“Opt Out Procedures”) or by clicking on the "unsubscribe" link in every e-mail from Gaiam. In addition, you can modify your information or change your preferences, as set forth in Section 10 below (“Reviewing or Changing Your Information”). Information obtained through the Websites and/or the Services may be intermingled with and used in conjunction with information obtained through sources other than our Websites, including both offline and online sources.
6. Discussions and Community Tools. The Websites and the Services may make chat rooms, forums, bulletin boards, news groups and other community tools available to Registered Users and/or Visitors. Please remember that any information that is disclosed in these areas becomes public information for other users to view and for Gaiam to use. Please do not disclose any personally identifiable information, including without limitation your full name or e-mail address, in these publicly accessible areas of the Websites or the Services. Please be considerate and respectful of others while using any chat rooms, forums or message boards to share your opinion.
7. Non-Personal Data. In some cases, we may collect non-personal information. Examples of this type of information include the type of Internet browser you are using, the type of computer operating system application software, and peripherals you are using and the domain name of the web site from which you linked to our Site. We use your information on an aggregated basis to do such things as operate our Websites, enhance our Websites and sell and deliver advertising.
Most browsers are initially set up to accept cookies; however, you can reset your browser to refuse all cookies or indicate when a cookie is being sent or you can flush your browser of cookies from time to time. (Note: you may need to consult the help area of your browser application for instructions.) If you choose to disable your cookies setting or refuse to accept a cookie, however, you may not be able to access all areas of the Websites and/or the Services.
9. Opt Out Procedures. You have the option to opt out of receiving information from Gaiam TV, the Websites and the Services. This opt out messaging will appear at the bottom of every promotional email that is sent out. If you no longer wish to take advantage of the Websites or the Services or receive any form of direct contact from Gaiam, whether it is email, discounts, newsletters, or other promotional offers or materials, contact us at: Info@gaiamtv.com.
10. Reviewing or Changing Your Information. In order to ensure that the information we maintain is accurate, we give users the option to change or modify their information previously provided during registration. If you would like to change your information currently in our database please log in and click the “My Account” link on the various Websites or email us at Info@gaiamtv.com.
We may employ third parties to perform services or functions on our behalf in order to improve our Websites, merchandising, marketing and promotional efforts, communications or other services. Those third parties may include authorized contractors, consultants and other companies working with us. They only have access to personal information needed to perform their functions, and they may not share any personal information with others or use it for any other purpose than providing or improving Gaiam's services and offerings.
We may share your information with third parties whom we believe have information of interest to you. In addition, we may share certain non-personal information with third parties for advertising, promotional and other purposes. For example, we may work with third party advertising companies, to serve and track our ads. These third parties may install other cookies. Our advertising partners may use the non-personal information they collect from our Websites, in the aggregate, to help us better market and serve our customers.
12. Security. Providing a secure site is essential for your peace of mind and trust in Gaiam. We have installed encryption software conforming to the Secure Socket Layers (SSL) protocol to safeguard all of the commerce related (i.e. credit card and billing address) information you send to us. Club profile information is not encrypted or secured in any way. All information is stored on our servers in a secure location. It is important for you to protect against unauthorized access to your password and to your computer. If your password is compromised, notify Customer Service at once at email@example.com.
13. Children’s Online Privacy Protection Policy. The Websites and the Services are not intended for or directed to users under the age of 18, and we do not knowingly or intentionally collect personally identifiable information from children under the age of 13 or other minors. Where appropriate, we take reasonable measures to determine that our users are adults of legal age and to inform minors not to submit such information to the Websites or the Services or in response to advertisements. If you are concerned that personal information may have been inadvertently provided to or collected by Gaiam, please contact us immediately at firstname.lastname@example.org so that we may appropriate steps to remove such information from our database.
14. Privacy Precaution Warning. Please note that no data transmission over the Internet is 100% secure. As a result, we cannot guarantee the security of the information that you transmit via our online services.
15. Your Consent. By using the Websites and/or the Services, and by providing your personal information to us, you also authorize the storage, use and export of your personal information as specified herein.
Your Privacy Rights (California Residents)
Online Privacy Protection Policy for California Residents
(“Shine the Light” Law)
Effective as of January 1, 2005, California’s “Shine the Light” law (Cal. Civ. Code Sections 1798.80, et seq.) provides California residents with the right to receive certain disclosures when personal information that has been collected online is shared with third parties for direct-marketing purposes.
If you are a California resident and you provided personal information to Gaiam through a website in the past, and/or if you do so in the future, you are entitled to submit a request in writing to Gaiam for a description of the information we may have provided to third parties. To submit your written request, please send it to email@example.com and put the following words in the subject line of the email: “California Privacy Request.”
Within 30 days after receipt of your request, we will send you a list of the categories of personal information disclosed to third parties during the immediately preceding calendar year, along with the names and addresses of the third parties who actually received such information, if any.
We reserve our right not to respond to requests sent more than once in a calendar year.
Please note that the California “Shine the Light” law does not cover all aspects of on-line information sharing, and our policy relates only to information covered by the law.