Terms of Service

01. The Life Calling Platform's Intended Purpose

Life Calling Foundation is a not-for-profit organization devoted to promoting the Life Calling Initiative. Founded by American artist and thinker, John Mack (see www.JohnMack.org), and expressed through his thought, photography, writing, and work, the Life Calling Initiative responds to threats to our humanity that are posed by our increasing reliance on technology and our resulting detachment from the natural world. The Life Calling Platform provides a convenient way for individuals (which we refer to here as "Users", "you", "your", or "yourself") to learn about and engage with the Life Calling Initiative, in particular by providing access to our content, features, functionality, tools, solutions, and services (together referred to here as "Platform Content"). To be clear, "Platform Content" includes all information we incorporate into the Life Calling Platform, including for example, data, text, messages, software, sound, music, displays, video, photographs, graphics, artwork, images, tags, as well as the design, selection, and arrangement thereof. "Platform Content" includes without limitation artwork, poetry, writing, and other creative work owned exclusively by John Mack and licensed to Life Calling Foundation solely for purposes of the not-for-profit Life Calling Initiative.

02. Changes to this Agreement

We periodically update this Agreement. We will let you know when we do via an email, website post, in-app notification, or similar communications, depending on how you've elected to interact with the Life Calling Platform. All changes are effective immediately when we post them and apply to all access to and use of the Life Calling Platform thereafter. Your continued use of the Life Calling Platform following the posting of revised Terms of Service means that you accept and agree to the changes.

03. Limited License Grant

Subject to the terms of this Agreement, Life Calling Foundation grants you a limited, non-exclusive, and nontransferable license to: (a) download, install, and use, as the case may be, any Platform Content on a mobile device or personal computer owned or otherwise controlled by you ("Your Device") strictly in accordance with this Agreement and our documentation; and (b) access, stream, download, and use on Your Device the Platform Content, strictly in accordance with this Agreement and our documentation.

04. Reservation of Rights

You acknowledge and agree that the Life Calling Platform and Platform Content are provided under license, and not sold, to you. You do not acquire any ownership interest in the Life Calling Platform or Platform Content under this Agreement, or any other rights thereto other than to use the Life Calling Platform and Platform Content in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Life Calling Foundation and its licensors, including without limitation John Mack, and its service providers reserve and shall retain their entire right, title, and interest in and to the Life Calling Platform and Platform Content, including all Intellectual Property Rights, as defined below, therein or relating thereto, except as expressly granted to you in this Agreement.

If you wish to use the Life Calling Platform or the Platform Content in a manner that exceeds your license and the restrictions of this Agreement, you may submit your prior written request to info@life-calling.org for our consideration.

05. Eligibility, Access, and Security

We reserve the right to withdraw, amend, or suspend the Life Calling Platform, and any service or material that we provide through the Life Calling Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Life Calling Platform is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Life Calling Platform to Users.

If you choose, or are provided with, a User name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your User name or password or any other breach of security.

06. Intellectual Property Rights

All Platform Content is owned by Life Calling Foundation, its licensors, including without limitation John Mack, or other providers of such material and are protected by United States and international Intellectual Property Rights. "Intellectual Property Rights" means all inventions, patents, utility models, trade and service marks, trade names, domain names, right in designs, copyrights, moral rights, topography rights, rights in databases, developments, research data, processes, formulas trade secrets and know-how, intellectual property, and other intangible proprietary or property rights, in all cases whether or not registered or registrable and including registrations and applications for registration of any of these and rights to apply for the same, rights to receive equitable remuneration in respect of any of these and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these anywhere in the world.

07. Trademarks

"Life Calling", "Life Calling Initiative", "Life-Calling.org", "ASpeciesBetweenWorlds.com", "A Species Between Worlds", "A Land Between Worlds", "Life Calling h", "Life Calling h+1", "Life Calling, h+1 portfolio", "Note to Humanity", "Notes to Humanity", and all related names, logos, product and service names, designs, and slogans are trademarks of John Mack, Life Calling Foundation, or its affiliates or licensors (referred to here as the "Life Calling Marks"). Life Calling Foundation may, at its sole discretion, provide you with Life Calling Marks for certain limited purposes expressly stated by Life Calling Foundation. You must not use Life Calling Marks for any other purpose without our prior written permission, which you may request at info@life-calling.org. All other names, logos, product and service names, designs, and slogans in the Life Calling Platform are the trademarks of their respective owners.

08. Authorization to Use Your Information, Image, and Feedback

"Your Information" means any information that you provide, publish, or post to or through the Life Calling Platform (including any profile or User account information that you provide) or through any in-person exhibit or event sponsored by Life Calling Foundation, such as through your voluntary participation in our global "Notes to Humanity" initiative. You consent to us using Your Information for the purposes of facilitating your use of the Life Calling Platform. Our collection and use of personal information in connection with the Life Calling Platform is as described in our Privacy Policy, which is part of this Agreement.

We encourage Users to comment on the Life Calling Platform, provide suggestions and feedback for improving it, vote on suggestions they like, and nominate or promote like-minded organizations and charities. You agree that all such comments, suggestions, submissions, and feedback will be non-confidential and that we own all rights to use and incorporate them into the Life Calling Platform, without payment or attribution to you.

To enable us to use Your Information for the purposes described in the Privacy Policy and this Agreement, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute Your Information to prepare derivative works, or incorporate into other works, Your Information, in any media now known or not currently known.

09. Life Calling Communications

By entering into this Agreement, you agree to receive communications from us, including via e-mail, calls, and push notifications, as the case may be, depending on the preferences that you have expressed and subject to the provisions of our Privacy Policy. Communications may include:

• Operational communications concerning your User account or use of the Life Calling Platform
• Updates concerning new and existing features on the Life Calling Platform
• Communications concerning Life Calling Initiative promotions and campaigns run by us or our third-party partners
• News concerning the Life Calling Initiative and general developments impacting our related missions and initiatives

Standard text messaging charges applied by your cell phone carrier may apply to text messages that we send pursuant to your consent or request.

10. Prohibited Uses

You may use the Life Calling Platform only for lawful purposes and in accordance with this Agreement. In connection with your use of the Life Calling Platform, you acknowledge that you will not:

• Violate in any way any federal, state, local, or international law or regulation
• Post, send, solicit, or obtain anything defamatory, fraudulent, violent, threatening, pornographic, racist, hateful, or otherwise objectionable in our sole opinion
• Impersonate any individual or entity, or infringe any person's intellectual property rights
• Engage in any other conduct that restricts or inhibits any person's use or enjoyment of the Life Calling Platform
• Transmit any advertising or promotional material, including any "junk mail", "chain letter", "spam", or similar solicitation
• Hack or compromise in any way the integrity and security of the Life Calling Platform
• "Frame" or "mirror" any part of the Life Calling Platform without our prior written authorization
• Modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Life Calling Platform
• Rent, lease, lend, sell, redistribute, license or sublicense the Life Calling Platform
• Use any robot, spider, or other automatic means to access the Life Calling Platform
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Life Calling Platform
• Transfer or sell your User account, password and/or identification to any other party

11. Life Calling Platform Changes and Updates

We may from time to time in our sole discretion develop and provide updates to the Life Calling Platform, which may include content updates, upgrades, bug fixes, patches, error corrections, and/or new features (together, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.

12. Linking to the Life Calling Platform and Social Media Features

You may link to the Life Calling Platform, provided you do so in a way that is fair and legal, does not damage our reputation or take advantage of it, and does not suggest any form of association, approval, or endorsement on our part without our express written consent.

The Life Calling Platform may provide certain social media features that enable you to link from your own or certain third-party websites or apps to certain content in the Life Calling Platform, send emails or other communications with certain content or links, and cause limited portions of content to be displayed on your own or certain third-party websites or apps. You may use these features solely as they are provided by us and solely in accordance with any additional terms and conditions that we provide.

13. Links from the Life Calling Platform

If the Life Calling Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the content of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. You access any of the third-party websites or apps linked to the Life Calling Platform entirely at your own risk and subject to their terms and conditions of use.

14. Disclaimer of Warranties

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE LIFE CALLING PLATFORM.

YOUR USE OF THE LIFE CALLING PLATFORM, PLATFORM CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE LIFE CALLING PLATFORM IS AT YOUR OWN RISK. THE LIFE CALLING PLATFORM, PLATFORM CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE LIFE CALLING PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PROVIDED BY LAW, LIFE CALLING FOUNDATION HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

Under no circumstances, including termination or cancellation of your use of the Life Calling Platform, will we be liable for any losses related to actions of other Users.

15. Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL LIFE CALLING FOUNDATION, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE LIFE CALLING PLATFORM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

16. Indemnification

You agree to defend, indemnify, and hold harmless Life Calling Foundation, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this Agreement or your use of the Life Calling Platform.

17. Term and Termination

• The term of this Agreement commences when you access, download, or install any Platform Content and will continue in effect until terminated by you or us.
• You may terminate this Agreement by ceasing any and all access to the Life Calling Platform and by deleting any and all Platform Content and all copies thereof from Your Device.
• We may terminate this Agreement at any time without notice, with or without cause.
• Upon termination, all rights granted to you under this Agreement will terminate and you must cease all use of the Life Calling Platform and delete all copies of any and all aspects of the Platform Content.
• Termination will not limit any of our rights or remedies at law or in equity.

18. Governing Law and Jurisdiction

All matters relating to the Life Calling Platform and this Agreement shall be governed by and construed in accordance with the internal laws of the State of Connecticut without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, this Agreement or the Life Calling Platform shall be instituted exclusively in the U.S. District Court for the District of Connecticut or the Superior Court of the State of Connecticut for the Judicial District of New Haven.

19. Waiver and Severability

No waiver by us of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of ours to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.

If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.

20. Entire Agreement

This Agreement, our Privacy Policy, and any documents or communications referenced in this Agreement and our Privacy Policy, constitute the sole and entire agreement between you and us regarding the Life Calling Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Life Calling Platform.

21. Your Comments and Concerns

The Life Calling Platform is operated by Life Calling Foundation, 244 Fifth Avenue, Suite J208, New York, NY 10001.

Feedback, comments, requests for technical support, and other communications relating to the Life Calling Platform should be directed to info@life-calling.org.