Terms and Conditions

Terms and Conditions of Use of Metta-Physics Magazine
Website and Content

Welcome to the Metta-Physics website located at url www.metta-physics.com (the “Website”).

By using our Website and/or content served by the Website, you agree to the following Terms and Conditions of Use (the “Terms and Conditions”), which govern the use of both the Website and content served by the Website. Please read these Terms and Conditions carefully.

We (Metta-Physics Magazine) reserve the right to amend these Terms and Conditions at any time, and without notification. You should review the Terms and Conditions periodically to see if they have been revised (the most recent revision date is noted at the bottom of the Terms and Conditions). If you don’t agree with these Terms and Conditions, as they may be amended from time to time, please do not use the either the Metta-Physics Magazine Website or content served by the Website. These Terms and Conditions do not confer any rights or benefits to any third parties.

1. Privacy. Our Privacy Policy governs the use of information supplied to us by users. The terms and conditions of this Privacy Policy are incorporated herein by this reference. Please review carefully the terms and conditions of our Privacy Policy.

2. General use of Website. You may not copy or reproduce any information or content on the Website without the prior written consent of Metta-Physics Magazine. Some features of the Website may require that you first create a Metta-Physics user account. You are responsible for your account, and for keeping your password secure. You agree not to provide or make available your password to anyone else, and agree to assume responsibility for any use or misuse of your user account. If you access Metta-Physics Magazine through a computer used by others, you further agree to log-out of the Metta-Physics Website after each use.

3. Third Party Links. As part of providing information and content, our Website contains links to other websites. We do not control the terms and use of such other websites or their privacy policies. The terms and conditions of use and privacy policies of such other websites may differ substantially from our Terms and Conditions and our Privacy Policy; therefore, we strongly suggest reading the terms and conditions of use, the privacy policy, and any other similar documents of other websites before using them. You agree that Metta-Physics Magazine and its officers, members, agents, managers, and employees, and the officers, members, agents, managers and employees of its subsidiaries, owners, and affiliates, shall not have any liability to you or anyone acting on your behalf for any damages or claims, or liability arising out of your use of any third party website that may be accessed through a link on our Website.

4. Content Provided by Third Parties. Our Website may incorporate content provided by third parties that require the submission of certain information in order to provide the requested information. If you are concerned about the privacy policy of any of these sites or any other third parties supplying content to Metta-Physics Magazine, please review their terms and conditions of use and privacy policies of such websites before submitting any information.

5. Postings Made to Metta-Physics Magazine. Metta-Physics Magazine clients will have the ability to post text, pictures, and images. All such postings reflect only the opinion of the respective writer or writers, and do not reflect the opinion of Metta-Physics Magazine or any of its affiliates, or the employers of any of the writers or content providers, or the officers, directors, shareholders, owners, partners, or members of any such employers.

Postings shall comply with the following:

a. Postings may not be made that are obscene, vulgar, defamatory, illegal, threatening, pornographic, demeaning, harassing in nature, or that harass, ridicule, or defame other users and/or their postings, or are violative or invasive of the rights of third parties (including, without limitation, any intellectual rights of third parties).

b. By submitting a posting, you thereby grant us a worldwide, non-exclusive, royalty-free right and license to use, display, adapt, modify, and prepare derivative works of such postings, and further acknowledge that other users of Metta-Physics Magazine will have access to your postings (such as by way of viewing information and content that you may place on your profile). You will retain all ownership rights regarding your postings.

6. Prohibited Uses and Postings. In connection with your use of Metta-Physics Magazine you agree not to:

a. Permit anyone else to login under your username;

b. Misrepresent who you are, or provide to us with any information (including your e-mail address) that is not correct;

c. Impersonate anyone (whether living or deceased) or misrepresent your status or capacity (such as claiming to be acting in any “official” or representative capacity of Metta-Physics Magazine);

d. Make any Posting that is harmful to minors in any way or respect;

e. Access Metta-Physics Magazine in any manner other than through the login process;

f. Make any Postings that in any way infringe upon the rights of any third party or person, or that you do not have the right to post;

k. Provide advice in any Posting or in an e-mail that may only be legally provided by a duly licensed professional (such a doctor, attorney or CPA), irrespective of whether you have any required license or credentials;

p. Engage in any conduct designed to interfere in the operation of the Metta-Physics Magazine such as Trojan horses, viruses, spam, or malicious code; or

q. Collect information regarding Metta-Physics Magazine or information posted by others and use the same in any manner whatsoever other than through the services made available on Metta-Physics Magazine.

7. Public Availability of Postings. Content posted on Metta-Physics Magazine and to the widgets served by Metta-Physics Magazine will generally be available to anyone who has access to the Internet.

8. Copyright. Except as specifically stated in these Terms and Conditions or in our Website, the layout of the Metta-Physics Magazine, the software and code relating to the Website, and all other aspects of the Website are all protected by United Kingdom and international copyright laws and other intellectual rights protection laws. The Website includes articles, photographs, and other materials licensed from third parties or available on the basis of a Creative Commons license on various websites, and we do not claim any right in such materials except for rights that may be conferred upon us pursuant to a license or similar agreement. In addition, the Website includes or may include works and content created or developed by employees of the United States government or for the United States government, and therefore are in the public domain. We do not claim any copyright in any of these works, or in any other works that are part of the public domain.

9. Marks. We or our affiliates or owners may file for trademark or service mark registrations for other marks that we may display on our Website, either now or in the future. In addition, we or our Affiliates claim trademark and/or service mark protection in other marks used in our Website or in the conduct of our business through common law. All other trademarks used on the Website that refer to other companies are the property of their respective owners.

10. Electronic Communications. From time to time we may provide electronic communications to users and members. By registering as a member, you agree that we may make such communications, including communications via e-mail. It is your responsibility to keep your e-mail on our records up-to-date, and to ensure that there are no spam filters or other blocking which will prevent our e-mails from reaching you. We shall have no liability to you for your non-receipt of any e-mail communications. Because internet service providers and software providers frequently change practices which could allow our e-mails to be blocked in the future, the current delivery to you of an e-mail does not guaranty that future e-mails will be received, and we assume no liability for any such non-deliveries of e-mail. If at any time you no longer wish to receive such communications, or if you wish to terminate your membership, please notify us via e-mail at administrator@metta-physics.com, and we will not send you any further e-mails.

11. Postings and Other Information Collected and Stored on Our Servers. In order to operate Metta-Physics Magazine, it is necessary to store information on our servers, including e-mails, posting data, and other types of data and information.

12. Messages and Communications to Others. Metta-Physics Magazine provides members with the ability to communicate with other members through the site. While we attempt deliver all communications in the intended manner, we make no guaranty, representation, or warrant about the deliverability of any such communications, and disclaim any and all liability from the same. You acknowledge that transmission of communications may involve communications over various networks, which may not be controlled by Widget Realm, and which are likely to be interstate in nature.

13. Your Representations to Us. Metta-Physics Magazine is only available to those who are over 18 years of age, are legally capable of entering into a contract, and who can accept service of process in the United Kingdom. By entering agreeing to these Terms, you agree that you meet all of these conditions, and that you will provide only true, accurate, and complete information. Should any such information cease to be true, accurate, or complete, you agree to modify any such information to make the same true, accurate, and complete. You further acknowledge that you are who you claim to be in the registration process.

13. Digital Millennium Copyright Act
13.1 Notice. If you are a copyright owner or an agent thereof and believe that any content provided in Metta-Physics Magazine or content served by Metta-Physics Magazine infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
• 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 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.
Metta-Physics Magazine’s designated Copyright Agent to receive notification of claimed infringement is S Ghosh, , email:editor@metta-physics.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
13.2 Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use such content, you may send a counter-notice containing the following information to the Copyright Agent:
• Your physical or electronic signature;

• Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

• A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

• Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the Her Majesty’s County Court in London, UK and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Widget Realm may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Metta-Physics Magazine’s discretion.

14. No Representations or Warranties.

14.1 General. YOU AGREE THAT YOUR USE OF THE WEBSITE AND THE CONTENT INCLUDED IN THE WIDGETS SERVED BY THE WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PROVIDED BY LAW, NEITHER METTA-PHYSICS MAGAZINE NOR ITS OFFICERS, EMPLOYEES, AGENTS, DIRECTORS, MEMBERS, SHAREHOLDERS, OWNERS, SUBSIDIARIES OR AFFILIATES, OR THE EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, AND AGENTS OF SUCH PERSONS OR ENTITIES, (COLLECTIVELY ALL OF THE FOREGOING REFERRED TO AS, THE “METTA-PHYSICS MAGAZINE”) MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH YOUR USE OF THE WEBSITE OR THE CONTENTS SERVED BY THE WEBSITE. YOU FURTHER ACKNOWLEDGE THAT NONE OF THE Metta-Physics Magazine PARTIES MAKES ANY REPRESENTATION OR WARRANTY ABOUT THE WEBSITE, ITS CONTENT, THE CONTENT OF ANY WEBSITE THAT MAY BE LINKED TO OR REFERENCED IN THE Metta-Physics Magazine WEBSITE, OR THE SUITABILITY OF ANY CONTENT INCLUDED IN THE WEBSITE.

14.2 No Liability. ALL PERSONS USING THE Metta-Physics Magazine WEBSITE AND SERVICES PROVIDED BY METTA-PHYSICS MAGAZINE FURTHER ACKNOWLEDGE AND AGREE THAT NONE OF THE WIDGET REALM PARTIES ASSUMES ANY LIABILITY OR REPSONSIBILITY FOR (I) ANY ERRORS, MISTAKES, OMISSIONS, OR INACCURACIES OF ANY CONTENT OR POSTINGS, (II) PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE OR OTHER TANGIBLE OR INTANGIBLE INJURY OR DAMAGE RESULTING FROM, ARISING UNDER, OR DUE TO YOUR USE OF THE WEBSITE, ANY UNAUTHORIZED ACCESS TO OR USE OF SERVERS USED BY METTA-PHYSICS MAGAZINE OR IN CONNECTION WITH PROVIDING SERVICES FOR THE METTA-PHYSICS MAGAZINE WEBSITE, AND ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREON, (III) ANY VIRUSES, BUGS, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED BY OR THROUGH METTA-PHYSICS MAGAZINE SERVERS, (IV) ANY CESSATION OR INTERRUPTION OF OUR SERVERS, OR THE INTERRUPTION IN TRANSMISSION OF INFORMATION TO OR FROM OUR SERVERS, (V) ANY ERRORS OR OMMISSIONS OF ANY CONTENT, OR FOR THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.

15. LIMITATION OF LIABILITY. IN NO EVENT SHALL METTA-PHYSICS MAGAZINE OR ANY OF THE METTA-PHYSICS MAGAZINE PARTIES HAVE ANY LIABILITY TO YOU OR ANYONE ACTING ON YOUR BEHALF ARISING OUT OF YOUR USE OF THE WEBSITE, OR FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE DAMAGES THAT MAY FLOW FROM YOUR USE OF THE METTA-PHYSICS MAGAZINE WEBSITE OR METTA-PHYSICS MAGAZINE CONTENTS.

16. INDEMNIFICATION. BY USING THE METTA-PHYSICS MAGAZINE WEBSITE YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ANY AND ALL OF THE METTA-PHYSICS MAGAZINE PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, CAUSES OF ACTION, DAMAGES, LIABILITY, FINES, AND PENALTIES (COLLECTIVELY, “DAMAGES”) THAT MAY BE MADE AGAINST ANY OR ALL OF THE FOREGOING PARTIES BY YOU OR ANYONE ACTING ON YOUR BEHALF. THESE DEFENSE AND INDEMNIFICATION OBLIGATIONS SHALL SURVIVE THESE TERMS AND CONDITIONS AND YOUR USE OF THE WEBSITE.

17. Assignment. You may not assign, transfer, or convey any rights or licenses hereunder, but agree that Metta-Physics Magazine shall have the right to transfer any rights afforded to it without restriction.

18. Miscellaneous.

18.1 Severability and Waiver of Rights. If any of the provisions of this Terms and Conditions are deemed invalid, or for any reason deemed unenforceable, the remaining Terms and Conditions shall be unaffected and shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such terms or any other term, and Metta-Physics Magazine’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of any right or provision.

18.2 Jurisdiction and Venue of Disputes. Venue for any dispute arising under these Terms and Conditions and/or your use of the Website or any matter arising out of or in connection with to your use of the Website involving Metta-Physics Magazine and/or any of the Metta-Physics Magazine Parties shall be solely in the County Courts, and consult to venue and the jurisdiction of such courts for the City of London, United Kingdom, and, by your use of this Website, you agree that your jurisdiction and venue for disputes arising under these Terms and Conditions shall lie solely with such courts.

May, 2011