This document is a translation from Russian. The original version you can find here.
By using this Website you acknowledge that you have read and understood the Rules, accept these Rules, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Rules, then you may not use the Website or access any Website content. These Rules (together with the documents referred to in it) are the general terms and conditions which apply to the Website www.super-ego.info (the "Website") and all sub domains of the Website.
We may revise the Rules at any time by amending any wordings thereof. You are expected to check the Rules from time to time to take notice of any changes we make, as they are binding on you. If you have any enquiries or complaints then Contact Us form.
16. Grounds and procedure for amendment and termination of the Agreement
- 1.1. BROADMIND LIMITED (hereinafter referred to as “BL” or “we” or “us”) is a partnership that is a Licensor of a unique tool for self-regulation which has helped thousands of people break through their financial border and take their relationship to the next level.
- 1.2. Master Kit (hereinafter referred to as the “Master Kit”) is
- a. an online learning platform accessible on the Website;
- b. an innovative multimedia product that positively impacts on your subconscious mind and helps any person to achieve outstanding results in any area of life within a reasonable timeframe;
- c. any and all user manuals, instructions, videos, brochures or similar media made available by us on the Website; and
- d. all visual, audio and audio-visual content and materials that we post or upload, or disseminate, distribute or transmit through the Website including all video, pictures, photographs, text, sound clips, posts, comments, graphics, software, advice, recommendations, data, slides, images, files, links, information, chats and any other content and materials;
- e. an integral and irrevocable part of the Master Kit is the software, and software as a service, offerings available on the Website and any updates or supplements to it.
Master Kit is available 24/7. Master Kit is intended for both beginners and advanced users. Master Kit is registered with the U.S. Copyright Office of the Library of Congress with the priority date of November 21, 2018.
- 1.3. You can find a description of options for Master Kit product on our Website, and we will explain which options are available to you when you create an account (ID User). Full access to Master Kit product shall require purchasing a Master Kit Software License Agreement (the “Master Kit License Agreement”).
2. Master Kit Software
- 2.1. Upon expiration of the evaluation period you may purchase a Master Kit License Agreement to use the evaluated Master Kit product on our Website by paying respective License Fees displayed at the Website at the date of the payment. The License Fees may be changed by the Licensor from time to time by publishing an actual amount of the License Fees on the Website.
- 2.2. License Fees changes will take effect at the start of the next subscription period following the date of the change. You accept the new License Fees by continuing to use respective Master Kit product or any of its elements after the License Fees change takes effect. If you do not agree with License Fees change, you have the right to reject the change by unsubscribing from respective Master Kit product prior to the Master Kit License Agreement to terminate effect.
- 2.3. If you purchase the Master Kit License Agreement with no evaluation period, you authorize BL to charge you License Fees as according to the terms and conditions of the Master Kit License Agreement.
3. Intellectual Property Rights
- 3.1. This Website offers resources such as, but not limited to, information, data, documents, photographs, multi-media products, graphics, user interfaces, text, audio and video and features that will enable you to upload, download, share and otherwise utilize your User Content on the Website ("Website Content").
- 3.2. All Intellectual Property Rights in the Website and the Website Content throughout the world belong to BL (or licensor), including rights in the Master Kit Software and the rights in the Software are licensed (not sold) to you. You have no rights in, or to, the Software other than the right to use it in accordance with these Rules and the Master Kit License Agreement..
- 3.3. You acknowledge and agree that any ideas, enhancements, improvements, additions or modifications to the Website Content, and any and all Intellectual Property Rights contained therein, will become our (or our licensors’) property.
- 3.5. You agree that you will not:
- a. copy, modify, adapt, translate, or otherwise create derivative works of the Website Content, Software, Documentation, BL’s or the licensor’s intellectual property rights (including, without limitation, all patents, rights to inventions, utility models, copyright and related rights, Trademarks, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in database rights, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world) (the “Intellectual Property Rights”) or any software, or other technology of the third-party vendor(s) or hosting partners(s) who provide the infrastructure, hardware, software, networking, storage and related technology required to operate and provide the Website;
- b. use the Website in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other Users;
- c. knowingly introduce any virus, worm, malware, spyware, Trojan horse or other harmful or malicious code to the Website;
- d. exceed any maximum storage, posting, uploading or using data restrictions in respect of the Website;
- e. access and use the Website in order to build a product or software or service competitive with the Website;
- f. attempt to decompile, disassemble, reverse engineer or otherwise reduce to human-perceivable form any part of the Website (including any of the Software) or to discover or disclose the source code, methods and concepts embodied in the Website (including any of the Software) except as may be allowed by any applicable law;
- g. use the Website for the purposes of direct marketing or promotion;
- h. circumvent or manipulate any of the restrictions or security-related features within the Website;
- i. engage in any deceptive, unfair or misleading practice and/or in violation of any applicable law;
- j. use the Website in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Rules, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Website; and
- k. collect or harvest any information or data from the Website or underlying systems or attempt to decipher any transmissions to or from the servers running the Website.
4. Use of User Content
- 4.1. You have the sole responsibility for the accuracy, quality, reliability and maintenance of the User Content that you upload to the Site as according to the terms and conditions set forth in Article 7 of these Rules. You hereby represent and warrant that your User Content does not violate these Rules and that you assume all risks connected to any disclosure of the User Content to third parties. BL shall not be liable for any loss or corruption of User Content or costs related thereto.
- 4.2. BL reserves a royalty free right to collect, use, and otherwise utilize User Content, including any personal data from which an individual can, directly or indirectly be identified, for commercial, statistical, analytical and/or marketing purposes on the terms and conditions set out herein.
- 4.3. BL may hereunder use the User Content for:
- a. provision of reports and/or recommendations derived from such User Content that may be relevant to you in respect of your business activities;
- b. aggregation of User Content with other locally available data (the "Aggregated Data") and to compile and analyze the Aggregated Data to prepare reports, studies, analyses, statistics, etc. for any purpose;
- c. transfer of Aggregated Data to any associated third party for the purposes of
- improving or developing the Website and similar portals and Software and tools intended to be used with Master Kit products;
- for the proper functioning of the Website and similar portals and Software and tools intended to be used with Master Kit products; and
- use and distribution of Aggregated Data for any purpose, including but not limited to, as part of its business offerings towards other licensees, customers and business partners.
- d. Upon termination of this User Agreement, irrespective of the reason, BL shall retain the right to use the Aggregated Data as specified herein, except for the use set out in this section 4.3. first paragraph letter (a).
5. Personal Data Protection
- 5.2. By using the Website various Personal data may be collected and processed by us on your behalf, depending on how you use the Website. Where the Website is operated within European union, the Directive and other EU Personal data protection provisions are applicable.
6. Master Kit Trademarks
- 6.1. Master Kit® and any other product or service name or slogan or logo contained in the Website (the “Trademarks”) are Trademarks of BL and its licensor and may not be copied, imitated, or used, in whole or in part, without the prior written permission of BL or the licensor. Exclusive rights in all such Trademarks and the goodwill associated therewith remains with BL or the licensor.
- 6.2. You may not use any metatags or any other "hidden text" utilizing any name, trademark, or product or service name similar or identical to the Trademark without our prior written permission. In addition, the look and feel of the Website (including all page headers, custom graphics, button icons, and scripts) is the service mark, trademark, and/or trade dress of BL or the licensor and may not be copied, imitated, or used (in whole or in part) without BL's prior written permission.
7. User Guidelines
- 7.2. By filling in our Registration Form you agree to provide true, accurate, current, and complete information and to update such information to keep it true, accurate, current, and complete by sending. You are responsible for maintaining the confidentiality of your BL Website login and password as well as you are solely responsible for all activities that occur under your login and password (User ID). You agree to notify BL by sending immediately of any unauthorized use of your password or any other breach of security related to the Website. Access to BL Website granted under Master Kit License Agreement shall supersede the terms contained in this Article.
- 7.3. Upon filling in a registration form on our Website, ticking the box to agree, and clicking the “Accept” button we assign to you a personal identification code (User ID). Your User ID is the unique identifier that will differentiate between different users on the Website.
- 7.4. You must treat your User ID, password and/or any other information facilitating your access and use of the Website as confidential and you must not disclose it to any third party, except as set out in these Rules. You agree that you are solely responsible for any and all activity on your account and that you immediately without delay shall notify BL of any unauthorized use of your account. Notwithstanding the above, BL reserves the right to close your account and/or remove User content, at any time for any reason, without notice or liability.
- 7.5. Unless explicitly given permission by us, you shall not sublicense, sell, resell, transfer, assign, distribute or make the Master Kit product available to any third party. You shall not make modifications of or derivative works from the Master Kit product without explicit permission or attempt to derive source code or trade secrets from the Master Kit product. We reserve the right for us at any time to access your account and the information that you have provided for support, maintenance and servicing purposes or for any security-related, technical or billing reasons.
- 7.6. Your access to the Website might be temporarily limited or suspended
- a. during planned downtime for upgrades and maintenance of the Service; or
- b. during any unavailability caused by downtime, technical failures, acts undertaken by third parties (such as our hosting providers etc.), connectivity issues on the internet networks, acts of God, acts of government, acts of terror or civil unrest, distributed denial of service or other attacks on the Service; or
- c. if we suspect or detect any malicious software, code or activity within your account; or
- d. if you breach these Rules or any other rule or law regulating your use of the Website.
- 7.7. Certain areas of the Website may permit you to submit feedback, information, data, text, sound, photographs, graphics, video, messages, or other materials (the "User Content"). You agree that you are solely responsible for all of your User Content. By submitting a User Content, you grant to BL an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license or sublicense (as the case may be) to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Content (or any modification thereto), in whole or in part, in any format or medium now known or later developed and permit others to use your User Content in any manner and for any purpose that BL deems appropriate in its sole discretion. BL reserves the right to display advertisements in connection with User Content and to use User Content for advertising and promotional purposes.
- 7.8. By submitting any User Content, you represent and warrant that:
- a. you own all rights in or, alternatively, you have acquired all necessary rights in your User Content, including, without limitation, all rights to grant to BL the rights in your User Content described herein;
- b. your User Content does not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other rights of any third party;
- c. you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Content;
- d. any information contained in your User Content is not known by you to be false, inaccurate, or misleading;
- e. your User Content does not contain or constitute any unauthorized advertising, promotional materials, spam, chain letters, or any other form of solicitation.
- 7.9. The Website is for personal use only and when accessing the Website you must comply with the provisions of these Rules and any other policies that are available on the Website and/or which apply to the use of particular parts of the Website and/or Master Kit products and services which are available from time-to-time.
You must only use the Website and anything available from the Website for lawful purposes, and you must comply with all applicable laws, statutes and regulations.
The following shall be prohibited:
- b. removing or altering any copyright, trademark, or other intellectual property notices contained on the Master Kit product (s);
- c. selling, renting, sublicensing or leasing of any part of the Master Kit product (s);
- d. reverse-engineering, decompiling, disassembling, modifying, or creating derivative works of the Master Kit product (s), or any part thereof except to the extent permitted by applicable law;
- e. providing your password to any other person or using any other person’s username and password;
- f. selling a user account, or otherwise accepting or offering to accept any compensation, financial or otherwise, to influence the name of an account or the content included on an account;
- g. “crawling” the Website or the Master Kit product (s) or otherwise using any automated means (including bots, scrapers, and spiders) to view, access or collect information from the Website or the Master Kit product (s) or third parties’ accounts or third parties’ User Content;
- h. posting any User Content, or register and/or use a username, which is or includes material that:
- is offensive, abusive, defamatory, pornographic, threatening, or obscene;
- is illegal, or intended to promote or commit an illegal act of any kind, including violations of intellectual property rights, privacy rights, or proprietary rights of BL or a third party;
- is intended to or does harass or bully other users;
- involves the transmission of unsolicited mass mailings or other forms of spam (“spam”), junk mail, chain letters, or similar;
- includes your password or purposely includes personal data of third parties or is intended to solicit such personal data;
- includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Website;
- impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
- involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by BL;
- links to, references, or otherwise promotes commercial products or services, except as expressly authorized by BL; or
- 7.10. You acknowledge and agree that violation of any of the User Guides set forth above (or we suspect that you have violated any of them) may result in the following:
- a. termination or suspense of your account immediately;
- b. immediate termination of your right to use the Website and / or Master Kit product(s);
- c. BL may at any time restrict access, disable (permanently or temporarily), delete or destroy any User Content that violates the rights.
- 8.1. THE WEBSITES IS PROVIDED "AS IS" AND "WITH ALL FAULTS." ANY RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE IS ASSUMED BY YOU. IF THE MATERIALS CONTAINED ON THE WEBSITE OR THE SERVICES PROVIDED BY MEANS OF THE SITE IS PROVIDED POOR-QUALITY, ALL EXPENSES AND LOSSES OF THE USER. BL EXPRESSLY DISCLAIMS ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES APPLICABLE LAW REGARDING THE WEBSITE. BL DOES NOT GUARANTY UNINTERRUPTED, SPEED, SECURE OR ERROR-FREE WORK OF THE WEBSITE. BL MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE THE WEBSITE, OR AS TO THE ACCURACY OF THE INFORMATION AVAILABLE ON THE WEBSITE.
- 8.2. BL SHALL NOT BE LIABLE FOR DIRECT OR INDIRECT DAMAGES, (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, LOSS OF USE, INTERRUPTION OF BUSINESS OR OTHER SIMILAR DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE.
- 8.3. In some jurisdictions, the warranty disclaimers, limitation or exclusion of liability for certain damages are not allowed. Accordingly, some of the above provisions of the disclaimer of warranties and exclusion of liability will be effective to the extent permitted by applicable law. In those cases where the applicable legislation, BL shall not be entitled to refuse to provide any warranty or limit its liability, the amount and duration of such warranty and the extent of BL’s liability shall comply with the minimum provided for under such applicable law.
- 8.4. User hereby agrees to indemnify BL for any damages (direct or indirect), and to pay compensation for the defense and protection from any claims, liabilities, losses, damages, costs, expenses or fees (including reasonable attorneys' fees) which may arise from BL due to violation of the User (or any individual that uses your user accounts) of these Rules. BL reserves the right to take over the defense and control of any matter relating to the User's violation of these Rules or any other rules and policies published from time-to-time by BL on the Website, in which case the User agrees to assist BL in the implementation of protection of the claims of any third parties.
- 9.1. You agree to indemnify, defend, and hold BL harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account's) violation of these Rules.
- 9.2. BL reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with BL's defense of such claim.
10. Liability and warranty of BL
- 10.1. As BL is not involved in shaping the User Content nor the User Account loaded with materials and to this extent does not control the actions of Users, does not and has no technical ability to carry out automatic censorship of information in the public area of this Website, censorship of your personal communications, BL is not responsible for the acts or omissions of the User in this regard.
- 10.2. BL reserves the right at any time to change the design of the Website, its contents, list of services or goods, modify or supplement used scripts, software, and other objects used or stored on the Website, any server applications at any time with or without notice thereof.
- 10.3. BL is not responsible for any errors and interruptions in the site and the resulting loss of information to the User. BL is not responsible for any damage Users' computers, mobile devices, any other hardware or software, arising from or related to use of the Website or sites accessible by hyperlink posted on this Website.
- 10.4. BL is not responsible for the selection of a password to access your Account to third parties, and any action taken by them with the use of your User Account.
- 10.5. BL is not responsible for any damages, including lost profits, or damages resulting from the use of the User Content or content to which User or third parties have access through the Website, even if BL warned or point to the potential for such damage or injury.
- 10.6. BL is not responsible for the loss the ability to access your User Account nor User Content.
- 10.7. BL is not responsible for incomplete, inaccurate, incorrect indication of User’s data when you create a User Account.
- 10.8. BL is not responsible for the lack of user access to the Internet, the quality of communication service providers on the Internet, from which the user entered into a service agreement for access to the Internet.
- 10.9. BL is not liable for any direct or indirect damage and loss of economic benefits or other third parties arising out of:
- a. the use or inability to use the Website;
- b. any unauthorized access by third parties to User credentials, including User Account and User Content;
- c. the actions of any third party on the Website;
- d. deleting the User Account, User Content or interruption of the functioning of certain elements of the Website or the Site as a whole.
- 10.10. BL is not obliged to provide you with the evidence and other documents showing the User violates the Rules, with the result that the User has been denied access to the Website or its individual functions or such access has been discontinued and / or blocked.
11. Warranty and Liability Account.
- 11.1. The User is responsible for the wrongful acts carried out with his account, and in connection with the placement of materials using the Personal Cabinet on the site, in forums, comments, and in other sections of the Site.
- 11.2. The User undertakes to settle claims of third parties in connection with the unauthorized posting on the Site.
- 11.3. Except to the extent expressly set out otherwise any hyperlinks to any site, product, service, any commercial content or otherwise, displayed on the Website, in the User Account, sent messages to Users, etc. is not an endorsement or recommendation of the Master Kit product (s). BL is not responsible for damage to users referred by such hyperlinks.
12. General provisions
- 12.1. These Rules constitute the entire agreement between the User and BL with respect to the order of use of the Website and its services, and supersede all prior agreements between you and the specified object.
- 12.2. These Rules may be changed unilaterally by BL at any time without notice. Any change in the Rules made by BL to unilaterally enter into force on the day following the date of publication of such changes on the Website. User agrees to periodically check the Rules for changes. If the User for any reason not read the Rules and / or modified version of the Rules, it is not a reason for failure by the User of its obligations and failure to follow the Rules.
- 12.3. The invalidity of one or more provisions of the rights recognized in the established order in force the decision of the competent court does not bring to the User and void BL as a whole. The Rules continue to apply to the part which is not recognized by the established procedure invalid.
- 12.4. As to the form and method of the rights and obligations of these Rules, the relevant law governing the procedure and conditions of the contract by the acceptance of the public offer. These Rules shall enter into force for the User from their acceptance on the Website and in effect for an indefinite period.
- 12.5. Any dispute, controversy or claim arising out of or relating to the Website the recognition of their infringement or invalidity shall be settled by correspondence and negotiations with the mandatory pre-trial (claim) order. Failure to reach agreement in the dispute through negotiations within sixty (60) calendar days from receipt of the first side of the first written dispute claim, the dispute shall be submitted by the other party of the dispute to the competent state court at the location of BL.
- 12.6. All appeals, statements, offers, or other claims related to use of the Website and the Rules, BL directs the User, using the following contact details:
BOUBOULINA BUILDING, 4th floor, Flat/Office42
1060, Nicosia, Cyprus
13. Other agreements
- 13.1. Any Master Kit Software that is made available to download from the Websites (hereinafter referred to as the "Master Kit Software") is governed by the terms of the “Master Kit License Agreement”, which accompanies or is included with the Software ("the Master Kit License Agreement"). You may not install any Software that is accompanied by or includes a License Agreement unless you first have agreed to the Master Kit License Agreement terms.
- 13.2. FURTHER REPRUDUCTION AND REDISTRIBUTION OF MASTER KIT SOFTWARE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION AND REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE MASTER KIT LICENSE AGREEMENT.
14. Procedure for making claims of infringement
- 14.1. BL respects the intellectual property rights of others. Accordingly, BL has a policy of removing User Content that violate copyright law, suspending access to the Website (or any portion thereof) to any User who uses the Website in violation of copyright law and/or terminating in appropriate circumstances the User Account of any User who uses the Website in violation of copyright law.
- 14.2. If you believe your copyright or other intellectual property right is being infringed by a User of this Website, please provide written notice to Contact Us form
- 14.3. Your written notice must:
- a. contain your physical or electronic signature;
- b. identify the copyrighted work or other intellectual property alleged to have been infringed;
- c. identify the allegedly infringing material in a sufficiently precise manner to allow BL to locate that material;
- d. contain adequate information by which BL can contact you (including postal address, telephone number, and e-mail address);
- e. contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law;
- f. contain a statement that the information in the written notice is accurate; and
- g. contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner. Please do not send notices or inquiries unrelated to alleged copyright or other intellectual property right infringement to BL’s designated agent, as they will be deleted upon receipt.
- 15.1. BL may change these Rules from time to time and will endeavour to notify Users of any major changes by posting a message on the Website. These Rules form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter. If any provision of these Rules is found to be unenforceable, this shall not affect the validity of any other provision.
- 15.2. BL will not be liable to you for any breach of these Rules which arises because of any circumstances which BL cannot reasonably be expected to control. You agree that BL may sub-contract the performance of any of its obligations or may assign these Rules or any of its rights or obligations without giving you notice.
- 15.3. These Rules shall be governed by Irish law, and you consent to the exclusive jurisdiction of the Irish courts in respect of these Rules and any dispute relating to them.
- 15.4. The Irish courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Website although we retain the right to bring proceedings against you for breach of these Rules in your country of residence or any other relevant country.
- All questions please write to: BROADMIND LIMITED HE 394653 Boumpoulinas, 1-3 BOUBOULINA BUILDING, 4th floor, Flat/Office42 1060, Nicosia, Cyprus (or email firstname.lastname@example.org).
- 16.1. All changes and additions to this Agreement are valid until they are changed or canceled by the Company unilaterally.
- 16.2. The parties are entitled to terminate or suspend this Agreement by mutual agreement in the case of force majeure (confirmation of such circumstances under the requirements of the International Law).
- 16.3. The rules are established by the Company independently and can be accepted by the Client without any exceptions and reservations.
- 16.4. Each time the Customer buys or uses our products, he/she confirms their acceptance of the Rules.
- 16.5. If the Client does not agree with the terms of the Agreement and does not intend to accept it, he/she must stop using the Company's program and products.