DESTINATION SATORI – TERMS AND CONDITIONS OF USE:

Welcome! The Destination Satori Web Site (the “DS Site”) is owned and operated by Destination Satori (“DS”). These terms and conditions govern your use of the DS Site. By using the DS Site, you indicate your agreement to these terms and conditions without modification. If you do not accept these terms and conditions, please do not use the DS Site.

These terms and conditions may be changed in the future without further notice. Your continued use of the DS Site after any such changes constitutes your acceptance of the new terms and conditions.

Copyright and Proprietary Rights

Unless otherwise stated, the DS Site and all software, text, images, graphics, page layout, design elements, audio, video, music, multi-media exhibition and all other information and materials originated or used by DS in connection with the DS Site (the “Proprietary Elements”) are the property of DS and/or its affiliates, licensors, suppliers, or business partners and are protected by United States copyright, trade secret, and trademark law, as well as other state, federal, and international laws and regulations. Except as expressly provided herein, DS does not grant any express or implied rights to you under any patent(s), copyright(s), trademark(s), or trade secret information. Accordingly, unauthorized use of the DS Site, the Proprietary Elements, or any other information or material available on or through the DS Site may violate patent laws, copyright laws, trademark laws, trade secret laws, laws pertaining to privacy and publicity rights, or other laws or regulations. Please be aware that DS actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

Copyright © 2006-2007 Destination Satori. All Rights Reserved. DS also owns a copyright in the DS Site as a collective work and/or compilation, and in the selection, coordination, arrangement and enhancement of the Proprietary Elements.

“Destination Satori” and the stylized Destination Satori logo are the trademarks and/or service marks or the registered trademarks and/or service marks of DS. All other trademarks, registered trademarks, product names, and company names or logos displayed on the DS Site are the property of their respective owners.

Site License

Destination Satori grants you a limited license to make personal use only of the DS Site and the Proprietary Elements, conditioned on your continued compliance with these terms and conditions. You may not reproduce, upload, post, transmit, download, distribute, sell, sublicense, transfer, mirror or frame any part of the DS Site or the Proprietary Elements, except as expressly permitted by DS in writing. You may not modify or create derivative works of the DS Site or the Proprietary Elements without DS's prior written consent. Further, you may not use any metatags or any other “hidden text” utilizing a DS name or Proprietary Element without Destination Satori's prior written consent.

Customer Content

By uploading, storing, or transmitting images, audio, video and/or multi-media content or any other information or materials on the DS Site that you intend for access by the public (“Customer Content”), you grant to Destination Satori and its affiliates and suppliers a royalty-free, worldwide, perpetual, irrevocable, transferable, unrestricted, non-exclusive right and license to use, reproduce, transmit, publicly perform or display, translate, or otherwise communicate to the public such Customer Content.

Destination Satori is not responsible in any manner for, and does not undertake to screen, police, review, edit, or monitor any Customer Content. DS is not a publisher of any Customer Content. Nevertheless, DS reserves the right to block, remove temporarily or to delete any Customer Content for any reason or for no reason at all. In addition, if you violate any of the following rules, DS may, in its sole discretion, issue a warning to you or prohibit you from using the DS Site without warning.

You may not link, upload, store, or transmit any of the following materials on or through the DS Site:

• unauthorized copyrighted material or any other material that infringes on the intellectual property rights, trade secrets, or privacy rights of another;
• materials that encourage criminal conduct, could give rise to civil liability or otherwise violate any law or regulation in any jurisdiction;
• materials that defame, harass, abuse, stalk, threaten, or in any way violate any law or regulation in any jurisdiction;
• materials that are bigoted, hateful, or racially offensive;
• materials that contain vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate;
• materials pertaining to pyramid schemes or to investment opportunities or advice not permitted under law; or
• materials that constitute anti-competitive collaboration and/or antitrust violations.

You must use your best judgment and reasonable caution in evaluating all Customer Content. DS does not make any representations with respect to, nor does it endorse the accuracy, completeness, timeliness, or reliability of, any advise, opinions, statements, or other information contained in any Customer Content. Any advice, opinions, statements, and other information contained in any Customer Content are the sole responsibility of the author thereof, and DS expressly disclaims all responsibility and liability for such advice, opinions, statements, and other information.

Destination Satori respects the rights (including the intellectual property rights) of others and asks its users to do the same. DS may, under appropriate circumstances and in its sole discretion, deny access to the DS Site to users that infringe or otherwise violate the rights of others. If you believe that any Customer Content should be deleted because it violates any of the above rules, please notify Destination Satori at info@destinationsatori.com. DS does not have any obligation, however, to review any Customer Content, or to delete or modify any Customer Content, even after being notified of a potential violation.

If you wish to create, schedule or deploy a multi-media transmission on the DS Site, you must become a registered customer (“Registered Customer”). By registering with DS to become a Registered Customer, you represent, warrant, and covenant that: (a) you are above the age of 18 or that you are at least 13 years old and have your parents' or guardians' permission to register with DS; (b) you are using your actual identity; and (c) you have provided only accurate, complete and up-to-date information about yourself during the registration process and at all other times thereafter. By logging onto the DS Site using any member name and password, you represent, warrant, and covenant that you are use such member name and password and to engage in the activities and communications that you conduct thereunder. You agree to be solely responsible for the confidentiality and use of your member name and password, as well as for any activities or communications conducted through the DS Site using your member name and password. If you wish to cancel a member name or password, or if you become aware of any loss, theft, or unauthorized use of a member name or password, please notify DS immediately. DS reserves the right to delete or change any username or password at any time and for any reason.

Fees

DS charges fees in connection with certain services and products available on the DS Site. If you request such services or products, you are responsible for paying all such fees and any and all taxes applicable thereto. All fees payable in connection with such services and products are as stated at the time you place your order and are in U.S. dollars unless otherwise stated.

Privacy

Destination Satori believes strongly in protecting customer privacy. Therefore, DS has adopted a privacy policy. Customers of the DS Site should refer to Destination Satori's Privacy Policy for information about how DS uses and collects personal information.

Advertisements

DS, in its sole discretion, may post the advertisements of third parties on the DS Site. Your correspondence or any other dealings with advertisers found on the DS Site are solely between you and such advertiser. You agree that DS shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisements on the DS Site. Moreover, DS shall not be responsible or liable for the statements or conduct of any such advertisers on the DS Site.

Links

Destination Satori makes no claim or representation regarding the quality, content, nature, or reliability of sites accessible by hyperlink from the DS Site or sites linking to the DS Site, and DS accepts no responsibility in connection therewith. Any linked sites are not under the control of DS, and DS is not responsible for the content of any linked site or any link contained in a linked site, or for any review, changes, or updates to any such sites. DS is providing these links to you only as a convenience. The inclusion of any link does not imply affiliation, endorsement, or adoption by DS of the linked site or any information contained therein. When leaving the DS Site, you should be aware that Destination Satori's terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of each linked site.

Term and Termination

These terms and conditions will take effect at the time of your first use of the DS Site (thereby indicating your acceptance of these terms and conditions). DS reserves the right to deny you access to the DS Site and/or to terminate your registration with the DS Site at any time and for any reason, including without limitation if DS, in its sole discretion, believes that you have violated these terms and conditions or the Privacy Policy or otherwise have engaged in unacceptable or illegal conduct. DS reserves the right to change, suspend or discontinue all or any aspect of the DS Site at any time, including the availability of any features, services, or products, without prior notice. These terms and conditions shall survive any termination of you use of the DS Site.

Disclaimers

THE DS SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE DS SITE AND ANY INFORMATION OR OTHER MATERIALS AVAILABLE ON OR THROUGH THE DS SITE IS AT YOUR OWN RISK.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DS AND ITS AFFILIATES, SUPPLIERS, AND BUSINESS PARTNERS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER DS NOR ITS AFFILIATES, SUPPLIERS, OR BUSINESS PARTNERS WARRANT THAT THE DS SITE OR ANY INFORMATION OR OTHER MATERIALS AVAILABLE ON OR THROUGH THE DS SITE WILL MEET YOUR REQUIREMENTS OR WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.

DS DOES NOT CONTROL, IN ANY RESPECT, ANY CUSTOMER CONTENT. NEITHER DS NOR ITS AFFILIATES, SUPPLIERS, OR BUSINESS PARTNERS ASSUME ANY RESPONSIBILITY FOR OR MAKE ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY, COMPLETENESS, RELIABILITY, CURRENCY, AVAILABILITY, OR USEFULNESS OF ANY CUSTOMER CONTENT. DS AND ITS AFFILIATES, SUPPLIERS, AND BUSINESS PARTNERS EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY CUSTOMER CONTENT, INCLUDING BUT NOT LIMITED TO ANY CUSTOMER CONTENT THAT IS DEFAMATORY, ILLEGAL, DISCRIMINATORY, OR OTHERWISE IN VIOLATION OF THESE TERMS AND CONDITIONS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DS EXPRESSLY DISCLAIMS ANY LIABILITY FOR FAILURE TO MONITOR OR REVIEW ANY CUSTOMER CONTENT.

Limitations of Liability

YOUR SOLE REMEDY WITH RESPECT TO ANY PROBLEMS WITH THE DS SITE OR ANY INFORMATION OR OTHER MATERIALS AVAILABLE ON OT THROUGH THE DS SITE SHALL BE TO DISCONTINUE YOUR USE THEREOF.

UNDER NO CIRCUMSTANCES SHALL DS OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUPPLIERS, OR BUSINESS PARTNERS, OR ANY OTHER PARTY INVOLVED IN CREATING, HOSTING, TRANSMITTING, OR DISTRIBUTING THE DS SITE BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR SPECIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE DS SITE OR ANY INFORMATION OR OTHER MATERIALS AVAILABLE ON OR THROUGH THE DS SITE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnification

You agree to indemnify, defend, and hold harmless Destination Satori and its officers, directors, employees, agents, affiliates, suppliers, business partners, and any other party involved in creating, hosting, transmitting, or distributing the DS Site from any claim, action, demand, loss, or damages (including reasonable court costs and attorneys' fees) arising out of or related to any Customer Content, your use of the DS Site, any violation of these terms and conditions by you, or any violation of any intellectual property right or other right of any person or entity by you.

Events Beyond the Control of DS

You absolve and release DS from any claim of harm resulting from any cause beyond DS's control, including but not limited to failure of electronic or mechanical equipment or communication lines, telecommunications or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.

Submissions

All concepts, ideas, comments, manuscripts, illustrations, and/or other materials that you disclose or offer to DS on or in connection with the DS Site are submitted without any restrictions or expectation of confidentiality. DS shall have no financial or other obligations to you when you submit such information, nor shall you assert any proprietary or moral right of any kind with respect to such submissions. DS shall have the right to use, reproduce, publish, transmit, publicly perform or display, translate, create derivative works from, or otherwise communicate to the public, such submissions (except for submissions of personal information which shall be subject to the terms of the Destination Satori Privacy Policy), in whole or in part, in any form or media now know or hereafter invented, including the right to incorporate such submissions in other works, without notice or compensation to you. DS shall have the right to sublicense any such submissions to third parties, and to otherwise exploit any proprietary rights in such submissions, including copyright, trademark, service mark, and patent rights.

Confidentiality on Internet

Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. Neither DS nor its affiliates, suppliers, or business partners are responsible for the security of any information transmitted via the Internet. You assume all risks involved in transmitting material to or from the DS Site and must make your own determination as to these matters.

Notices

Except as expressly stated otherwise, all notices to DS shall be sent to the following email address: info@destinationsatori.com. Destination Satori's street address is: P.O. Box 606 Avila Beach, CA 93424. All notices to you shall be sent to the email address you provided to DS during the registration process. Such notice shall be deemed given one business day after the email is sent.

Miscellaneous

These terms and conditions constitute the entire agreement between you and DS relating to your use of the DS Site. Any of these terms and conditions which are determined to be invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability in such jurisdiction, without rendering invalid or unenforceable any of the remaining terms and conditions or affecting the validity or enforceability of such terms and conditions in any other jurisdiction. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by DS without restriction.

Failure to insist on strict performance of any of these terms and conditions will not operate as a waiver of any subsequent default. No waiver by DS of any right under these terms and conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.

Your use of the DS Site must comply with all applicable laws, rules, and regulations that govern the export of technical data. Any action or claim against DS must be brought within one year following the date on which the claim first accrued or shall be deemed forever waived. Any rights not expressly granted herein are reserved to DS.

A printed version of these terms and conditions and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

These terms and conditions shall be governed by a construed in accordance with the laws of the State of California, U.S.A., without giving effect to its conflict of laws principles. Except for allegations that you have infringed or have threatened to infringe DS's intellectual property rights, any dispute or controversy between you and DS, or arising under or concerning performance or breach of these term and conditions, shall be settled by a single arbitrator in binding arbitration, to be held in Los Angeles, California, U.S.A., under the then-current rules of the American Arbitration Association. Judgment on the arbitration award may be entered in a court of competent jurisdiction. In the event that DS alleged that you have infringed or threatened to infringe DS's intellectual property rights, then, in addition to any other rights and remedies DS may have, DS may seek any preliminary or permanent injunctive relief from any court of competent jurisdiction. For such actions, you consent to the exclusive personal jurisdiction and venue of the federal and state courts in and for Los Angeles, California, U.S.A. YOU AND DS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE DS WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

Contact Information

Any questions regarding the DS Site and any requests for additional information concerning DS may be directed to DS at info@destinationsatori.com.