Living Gems End-User Agreement (EUA)

Effective Date: November 6, 2025

This End User Agreement (“EUA”) is between you and Plum Village Community of Engaged Buddhism (“PVCEB”), also doing business as the Thich Nhat Hanh Foundation (“TNHF”), for the use of the Living Gems Platform (“Platform”). This EUA governs your use of the Platform

By creating an account, accessing, or using the Platform, you confirm that you agree to be bound by this EUA.


Purpose of the Platform

Living Gems is a nonprofit educational streaming platform created by PVCEB.

Its purpose is to make the teachings of Thich Nhat Hanh and the Plum Village community accessible to a global audience through recorded Dharma talks, guided meditations, and related teachings.

Living Gems operates on a “Pay What You Wish” contribution model, helping sustain Plum Village’s global mindfulness and charitable activities.

Use of the Platform is limited to personal, non-commercial purposes consistent with PVCEB’s charitable mission.


Use Restrictions

The Platform contains materials including recorded Dharma talks, writings, transcripts, and teachings related to PVCEB (“PVCEB Materials”). Your use of the Platform does not grant you any ownership rights to PVCEB Materials or the Platform itself.

As a condition of using the Platform, you agree that you will not:

  • Reproduce, copy, distribute, sell, or lease any part of the Platform or PVCEB Materials without written permission.
  • Modify, adapt, or create derivative works based on the PVCEB Materials or the Platform.
  • Use the Platform or PVCEB Materials for any revenue-generating or commercial purpose or any other purpose that jeopardizes the tax exemption of PVCEB (including but not limited to using the Platform or PVCEB materials to convey support for or opposition to any candidate for public office).
  • Use PVCEB Materials or the Platform, including the posting or uploading of content, in any manner that is false or misleading, inappropriate, offensive, racist, hateful, defamatory, libelous, unlawful, or that otherwise infringes on the rights of others, including minors. 
  • Use the Platform or PVCEB Materials in any manner that may negatively affect the reputation or goodwill of PVCEB or mischaracterize the relationship between you and PVCEB (including but not limited to implying you are legally part of PVCEB).
  • Use TNHF’s, PVCEB’s, or Thich Nhat Hanh’s name, trademarks, or intellectual property in violation of any applicable law.
  • Use Thich Nhat Hanh’s likeness and voice without prior written consent.
  • Interfere with or disrupt the Platform, servers, or networks connected to it.
  • Use the Platform or PVCEB Materials for any illegal or fraudulent activities.
  • Reverse engineer or attempt to extract source code without written authorization.
  • Scrape, copy, download, or otherwise use any content from this Platform for the purposes of generating new content, training, fine-tuning, or otherwise improving any machine learning model, large language model, generative AI system, or similar technology without the express prior written consent.

Accounts and Access

To access content, you must register for an account using your name and email address. Accounts are personal and non-transferable.

Access Levels:

  • Without login: Limited access (short previews)
  • With login (free): Limited access (All the talks on the homepage plus an additional 5 talks; others are short previews).
  • With contribution (“Pay What You Wish” model): Unlimited access.

Accounts found to be shared, misused, or fraudulent may be suspended or terminated.


Contributions and Cancellations

All payments made to access Living Gems in excess of any minimum required contribution are considered voluntary contributions supporting PVCEB’s and TNHF’s charitable mission.

  • You may cancel recurring contributions at any time via your account or by contacting support.
  • Contributions are non-refundable, including partial months or unused access, except where required by law.
  • Access remains active until the end of the current contribution period after cancellation.

User-Generated Content

You may submit content (“User-Generated Content”), including to improve talk titles, descriptions, transcripts, or playlists. These submissions are subject to moderation.

PVCEB reserves the right to review, edit, reject, or remove any User-Generated Content and may suspend accounts that engage in hate speech, inappropriate, offensive, racist, hateful, defamatory, libelous, unlawful, speech, or speech that otherwise infringes on the rights of others, including spam or advertising.

By submitting User-Generated Content, you grant PVCEB an irrevocable, non-exclusive, worldwide, royalty-free license to use, adapt, and display your User-Generated Content.


Ownership and Copyright

All video, audio, transcript, and related materials available on the Living Gems Platform (“PVCEB Materials”) are the exclusive intellectual property of Plum Village Community of Engaged Buddhism (PVCEB).

Your use of the Platform does not transfer or grant any ownership or license rights beyond the personal, non-commercial access explicitly allowed under this Agreement.

You may not copy, download, record, redistribute, reproduce, publicly display, sell, or make derivative works of PVCEB Materials in any form unless you have prior written authorization from PVCEB.

Unauthorized sharing, uploading, or publication of any PVCEB Materials on third-party platforms such as YouTube, social media, or commercial streaming services is strictly prohibited.


Compensation for Unauthorized Use

Unauthorized downloading, copying, redistribution, or public publication of PVCEB Materials constitutes a material breach of this EUA.

PVCEB reserves the right to:

PVCEB and TNHF reserve the right to:

  • Suspend or permanently ban offending accounts.
  • Seek statutory damages under applicable copyright law.
  • Request takedowns from third-party platforms and hosts.
  • Pursue additional injunctive or monetary relief as permitted by law.

Termination

PVCEB reserves the right to terminate or suspend your account at any time if your use of the Platform is unlawful, inappropriate, or in violation of this EUA.

Termination does not limit PVCEB’s right to retain contributions already made or to pursue legal remedies for prior misuse.


Privacy

By using this service, you agree to comply with this EUA. If you do not agree with any part of this EUA or the Privacy Statement, you may not use the Platform.

PVCEB takes the privacy of users seriously.

The Platform collects your name and email to create your account. Payments are processed securely through Stripe, which manages all financial data.

The Platform uses:

  • Cloudflare for secure video storage and global delivery.
  • Fly.io for hosting infrastructure.
  • Plausible.io for privacy-friendly analytics (no personal tracking).

Watch and search history may be stored to improve your experience but is not linked to personally identifiable data.

You may request account deletion at any time. Personal data will be removed except as required for legal or financial recordkeeping.For details, please see our Privacy Policy.


Modification

PVCEB reserves the right to modify or update this EUA and the Privacy Policy at any time. Updated terms will be posted on the Platform. Continued use after the notice of an update constitutes acceptance of the revised EUA.


Indemnification

By using the Platform, you agree to indemnify, defend, and hold harmless PVCEB, TNHF, and their affiliates, officers, employees, and agents from any claims, damages, or liabilities arising from your misuse of the Platform, violation of this EUA, or infringement of any third-party rights.


Disclaimer and Limitations on Liability

The Platform is provided “as is” without warranty of any kind, express or implied. PVCEB hereby disclaims any and all warranties, express or implied, including, without limitation, all implied or statutory warranties of merchantability, fitness for a particular purpose, accuracy of informational content, and non-infringement. PVCEB disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from use of the Data Product by the Licensee and its Administrators and users.

PVCEB and TNHF do not warrant uninterrupted operation or error-free performance and disclaim any responsibility for damage arising from use or malfunction of the Platform.

To the fullest extent permitted by law, PVCEB and TNHF are not liable for consequential, indirect, punitive, or incidental damages related to use of the Platform or PVCEB Materials regardless of the legal theory under which such damages are sought, and even if the parties have been advised of the possibility of such damages or loss.


Governing Law

This EUA shall be governed by and construed in accordance with the laws of the District of Columbia, United States, without giving effect to conflict of law principles. The Parties agree that for all claims or controversies under this EUA, the Federal and State courts of the District of Columbia shall have exclusive jurisdiction, and the Parties hereby expressly consent and submit to the exclusive personal jurisdiction.  


Contact

If you have any questions regarding this EUA or your rights and responsibilities, please contact:

info@tnhf.org

/ Register

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What is Mindfulness

Thich Nhat Hanh January 15, 2020

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