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TarotCollege Terms of
Service
ACCEPTANCE OF TERMS
Welcome to TarotCollege Inc.'s website (herein referred to as "WS"). WS provides
its services to you, subject to the following Terms of Service ("TOS"),
which may be updated by us from time to time without notice to you. You
can review the most current version of the TOS at any time at:
http://www.TarotCollege.com/tos.asp. In addition, when using particular
TC services, you and TC shall be subject to any posted guidelines or rules
applicable to such services which may be posted from time to time. All
such guidelines or rules are hereby incorporated by reference into the TOS.
You may also be subject to the TOS of the other sites herein utilized by
TC (ie: Yahoo! Groups, etc).
DESCRIPTION OF SERVICE
TC currently provides viewers and members with access to a rich collection
of resources, including, courses, backgrounds, e-mail groups, shopping
services, and more (website and all content are herein referred to as the
"Service"). You also understand and agree that the service may include
certain communications from TC and it's administrators, such as service
announcements, and administrative messages. These communications are
considered part of TC usage and you will not be able to opt out of
receiving them. Unless explicitly stated otherwise, any new features that
augment or enhance the current Service, including the release of new TC properties, shall be subject to the TOS. You understand and agree that the
Service is provided "AS-IS" and that WS assumes no responsibility for the
timeliness, deletion, mis-delivery or failure to store any user
communications or personalization settings.
You are responsible for obtaining access to the Service and that access
may involve third party fees (such as Internet service provider or airtime
charges). In addition,
you must provide and are responsible for all equipment necessary to access
the Service.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide
true, accurate, current and complete information about yourself for all
questions asked as prompted by the Service's registration form (such
information being the "Registration Data") and (b) maintain and promptly
update the Registration Data to keep it true, accurate, current and
complete. If you provide any information that is untrue, inaccurate, not
current or incomplete, or if TC has reasonable grounds to suspect that
such information is untrue, inaccurate, not current or incomplete, TC has
the right to suspend or terminate your account and refuse any and all
current or future use of the Service (or any portion thereof). TC is
concerned about the safety and privacy of all its users, particularly
children. For this reason, children under the age of 13 are not allowed to
access the service without direct parental supervision.
PRIVACY POLICY
Registration Data and certain other information about you is subject to
our Privacy Policy. For more information, see our full privacy policy at
http://www.Tarotcollege.com/privacy.asp
MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the
Service's registration process from TarotCollege Inc., Yahoo Groups! or other service
providers. You are responsible for maintaining
the confidentiality of the password and account, and are fully responsible
for all activities that occur under your password or account. You agree to
(a) immediately notify any service you are using (TC, Yahoo! Groups, etc)
of any unauthorized use of your password or account or any other breach of
security, and (b) ensure that you exit from your account at the end of
each session. TC cannot and will not be liable for any loss or damage
arising from your failure to comply with this Section.
MEMBER CONDUCT
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole
responsibility of the person from which such Content originated. This
means that you, and not TC, are entirely responsible for all Content that
you upload, post, email, transmit or otherwise make available via the
Service. TC does not control the Content posted via the Service sent via
it's users and, as such, does not guarantee the accuracy, integrity or
quality of such Content. You understand that by using the Service, you may
be exposed to Content that is offensive, indecent or objectionable. Under
no circumstances will WS be liable in any way for any Content, including,
but not limited to, for any errors or omissions in any Content, or for any
loss or damage of any kind incurred as a result of the use of any Content
posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content
that is unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a TC official, forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Content
that you do not have a right to make available under any law or under
contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements, using the TC name or logos (copyrighted), etc);
f. upload, post, email, transmit or otherwise make available any Content
that infringes any patent, trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any
unsolicited or unauthorized advertising, promotional materials, "junk
mail," "spam," "chain letters," "pyramid schemes," or any other form of
solicitation, except in those areas (such as shopping rooms) that are
designated for such purposes;
h. upload, post, email, transmit or otherwise make available any material
that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment;
i. interfere with or disrupt the Service or servers or networks connected
to the Service, or disobey any requirements, procedures, policies or
regulations of networks connected to the Service;
j. intentionally or unintentionally violate any applicable local, state,
national or international law, including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange Commission, any rules of
any national or other securities exchange, including, without limitation,
the New York Stock Exchange, the American Stock Exchange or the NASDAQ,
and any regulations having the force of law;
k. "stalk" or otherwise harass another; or
l. collect or store personal data about other users.
You acknowledge that TC does not pre-screen Content, but that WS and its
designees shall have the right (but not the obligation) in their sole
discretion to refuse or move any Content that is available via the
Service. Without limiting the foregoing, TC and its designees shall have
the right to remove any Content that violates the TOS or is otherwise
objectionable. You agree that you must evaluate, and bear all risks
associated with, the use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content. In this regard, you
acknowledge that you may not rely on any Content created by WS or
submitted to TC, including without limitation information in TC Message
Boards, TC Branches, and in all other parts of the Service.
You acknowledge and agree that TC may preserve Content and may also
disclose Content if required to do so by law or in the good faith belief
that such preservation or disclosure is reasonably necessary to: (a)
comply with legal process; (b) enforce the TOS; (c) respond to claims that
any Content violates the rights of third-parties; or (d) protect the
rights, property, or personal safety of WS, its users and the public.
You understand that the technical processing and transmission of the
Service, including your Content, may involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with
all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding the
transmission of technical data exported from the United States or the
country in which you reside.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
WS does not claim ownership of Content you submit or make available for
inclusion on the Service. WS does maintain a non-exclusive right to
publish electronically all materials on its sites and will enforce all
copyrights associated with publication.
INDEMNITY
You agree to indemnify and hold TC, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless
from any claim or demand, including reasonable attorneys' fees, made by
any third party due to or arising out of Content you submit, post,
transmit or make available through the Service, your use of the Service,
your connection to the Service, your violation of the TOS, or your
violation of any rights of another.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for
any purposes, any portion of the Service, use of the Service, or access to
the Service.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that WS may establish general practices and limits
concerning use of the Service.
MODIFICATIONS TO SERVICE
WS reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof)
with or without notice. You agree that WS shall not be liable to you or to
any third party for any modification, suspension or discontinuance of the
Service.
TERMINATION
You agree that WS, in its sole discretion, may terminate your password,
account (or any part thereof) or use of the Service, and remove and
discard any Content within the Service, for any reason, including, without
limitation, for lack of use or if WS believes that you have violated or
acted inconsistently with the letter or spirit of the TOS. WS may also in
its sole discretion and at any time discontinue providing the Service, or
any part thereof, with or without notice. You agree that any termination
of your access to the Service under any provision of this TOS may be
effected without prior notice, and acknowledge and agree that WS may
immediately deactivate or delete your account and all related information
and files in your account and/or bar any further access to such files or
the Service. Further, you agree that WS shall not be liable to you or any
third-party for any termination of your access to the Service.
LINKS
The Service may provide links to other World Wide Web sites or resources.
Because WS has no control over such sites and resources, you acknowledge
and agree that WS is not responsible for the availability of such external
sites or resources, and does not endorse and is not responsible or liable
for any Content, advertising, products, or other materials on or available
from such sites or resources. You further acknowledge and agree that WS
shall not be responsible or liable, directly or indirectly, for any damage
or loss caused or alleged to be caused by or in connection with use of or
reliance on any such Content, goods or services available on or through
any such site or resource.
WS'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used
in connection with the Service ("Software") contain proprietary and
confidential information that is protected by applicable intellectual
property and other laws. Except as expressly authorized by TC you agree
not to modify, rent, lease, loan, sell, distribute or create derivative
works based on the Service or the Software, in whole or in part. This
includes, but is not limited to, the use of the TarotCollege, or
TarotCollege.com name and the TC logo.
You agree not to access the Service by any means other than through the
interface that is provided by TC for use in accessing the Service.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. WS EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. WS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE
ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE
SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE
WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
TC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WS SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE,
DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TC HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY
TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR
FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THE SECTIONS MAY
NOT APPLY TO YOU.
NOTICE
Notices to you may be made via either email or regular mail. The Service
may also provide notices of changes to the TOS or other matters by
displaying notices or links to notices to you generally on the Service.
TRADEMARK INFORMATION
TC, the TC logo, the TC site design, and other TC content and product and
service names are trademarks of TC. (the
"TC Marks"). Without TC's prior
permission, you agree not to display or use in any manner, the WS Marks.
GENERAL INFORMATION
The TOS constitute the entire agreement between you and TC and govern your
use of the Service, superceding any prior agreements between you and WS.
You also may be subject to additional terms and conditions that may apply
when you use affiliate services, third-party content or third-party
software. The TOS and the relationship between you and WS shall be
governed by the laws of the State of Illinois without regard to its
conflict of law provisions. You and TC agree to submit to the personal and
exclusive jurisdiction of the courts located within the county of
Vermilion, Illinois. The failure of WS to exercise or enforce any right or
provision of the TOS shall not constitute a waiver of such right or
provision. If any provision of the TOS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in
the provision, and the other provisions of the TOS remain in full force
and effect. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use of
the Service or the TOS must be filed within one (1) year after such claim
or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal
or contractual effect.
VIOLATIONS
Please report any violations of the TOS to
Administration.
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