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Terms
and Conditions
You
must read and agree to these terms and conditions before you may access
or view our site or sites. Please read them carefully. By visiting
thewww.witch-lovespells.com site, you are agreeing to its terms. This
Agreement is subject to change at any time, and changes are effective
upon posting. Bookmark this page and check it frequently as it is up
to you to refer to this page for any amendments/changes to the original
Agreement.
1.
Eligibility:
You must be eighteen or over to purchase any services and products or
use this site. Purchasing or membership in the service is void where
prohibited. By using and/or viewing this site, you represent and warrant
that you have the right, authority, and capacity to enter into this agreement
and to abide by all of the terms and conditions of this agreement and
that you are at least 18-years old (21-years old in AL, MS, NE, WY, and
any other location where 18 is not the age of majority) - who are interested
in and wish to have access to visual images, verbal and written descriptions
and audio sounds contained on this site. Content which is available within
this site may include graphic visual depictions and descriptions should
not be accessed by anyone who is offended by such materials or who does
not wish to be exposed to such materials.
By using and/or viewing this site or purchasing from this site, you represent
and warrant under penalty of perjury the following:
A) That you are an adult, at least 18-years of age (21-years old in AL,
MS, NE, WY, and any other location where 18 is not the age of majority).
B) That you will not permit any person(s) under 18-years of age (21-years
old in AL, MS, NE, WY, and any other location where 18 is not the age
of majority) to have access to any of the materials contained within
this Site.
C) That you understand that when you gain access to this site, you will
be exposed to visual images, verbal descriptions and audio sounds. You
are voluntarily choosing to do so, because you want to view, read and/or
hear the various materials which are available, for your own personal
enjoyment, information and/or education.
D) That you further represent and warrant that you have not notified
any governmental agency, including the U.S. postal service, that you
do not wish to receive such material.
E) That you represent and warrant that you have not and will not use
and/or view the Site(s) in a restricted location - namely a place, country,
or location in which doing so would, or could be deemed a violation of
any law, regulation, rule, ordinance, edict or custom.
2.
Termination:
Kabra Lights reserves the right to terminate your access to the site
for any reason or no reason. By sending notice to you at the email address
you have provided or such other email address as you may later provide
to us. The right to terminate your access to the site and to refuse service
to any one is absolute and under the complete discretion of Kabra Lights.
3.
Non-Commercial Use by Members/Viewers:
This Kabra Lights site is for the personal use of viewers only and may
not be used in connection with any commercial endeavors. Organizations,
companies, and/or businesses may not use site for any purpose including
but not limited to: sending unsolicited commercial e-mail to viewers,
sending advertisements for other web sites and services in this site's
chat rooms, or using personal identifying information for commercial
purposes. Illegal and/or unauthorized uses of the site, including unauthorized
framing of or linking to the site or the sending of unsolicited commercial
email will be investigated, and appropriate legal action will be taken,
including without limitation, civil, criminal, and injunctive redress
and/or termination of membership at Kabra Lights' sole discretion. In
order to prevent the sending of unsolicited commercial email or chat
messages to its viewers, Kabra Lights may take reasonable steps to prevent
such occurrences at Kabra Lights' sole discretion.
4.
Proprietary Rights of Content on www.witch-lovespells.com:
The trademarks, logos, and service marks (collectively the "Trademarks")
displayed on the Site are registered and unregistered Trademarks of Kabra
Lights and others. Nothing contained on the Site should be construed
as granting, by implication, estoppel, or otherwise, any license or right
to use any Trademark displayed on the Site without the written permission
of Kabra Lights or such third party that may own the Trademarks displayed
on the Site. Your misuse of the Trademarks displayed on the Site, or
any other content on the Site, except as provided in these Terms and
Conditions, is strictly prohibited. You are also advised that Kabra Lights
will aggressively enforce its intellectual property rights to the fullest
extent of the law, including the seeking of criminal prosecution.
Kabra Lights
owns and retains all proprietary rights in the www.witch-lovespells.com
site and the Kabra Lights services. The site contains the copyrighted
material, trademarks, and other proprietary information of Kabra Lights
and its licensors. Except for that information which is in the public
domain or for which you have been given permission, you may not copy,
modify, publish, transmit, distribute, perform, display, or sell any
such proprietary information, including, but not limited to, FAQs area,
product names and product descriptions, emails and email responses,
instructions, logos, trademarks, copyrights, pictures and all downloadable
products (.pdf files and mp3 files).
You should
assume that everything you see or read on the Site is copyrighted or
trademarked and unless otherwise noted, and may not be used except
as provided in these Terms and Conditions without the written permission
of Kabra Lights. Kabra Lights neither warrants nor represents that
your use of materials displayed on the Site will not infringe rights
of third parties not owned by or affiliated with Kabra Lights.
Kabra Lights
will protect its Intellectual Property to the fullest extent of the
law and will aggressively prosecute all infringers of its Trademarks
and Copyrights.
5.
Content Posted on the Site:
A) Kabra Lights claims immunity from liability to the fullest extent
under the law and as provided under the law for all content on the Site,
included, but not limited to, content provided by third parties and viewers
and nothing in this agreement is intended to waive, remove, or usurp
such immunity. You understand and agree that Kabra Lights may delete
any content, messages, photos or profiles (collectively,
"Content") that in the sole judgment Kabra Lights violates
this Terms of Use or which might be offensive, illegal, or that might
violate the rights, harm, or threaten the safety of Kabra Lights and/or
its members.
B) You are
solely responsible for the content that you publish or display (hereinafter, "post")
on the www.witch-lovespells.com site, or transmit to Kabra Lights Viewers.
C) By posting
content to any public area of www.witch-lovespells.com, you automatically
grant, and you represent and warrant that you have the right to grant,
to Kabra Lights and its Viewers, an irrevocable, perpetual, non-exclusive,
fully-paid, worldwide license to use, copy, perform, display, and distribute
such information, rights of publicity, and content and to prepare derivative
works of, or incorporate into other works and other media, such information
and content, and to grant and authorize sublicenses of the foregoing.
As a visitor to www.witch-lovespells.com if you provide Kabra Lights
with your email address via a registration process or post it on www.witch-lovespells.com,
you thereby authorize Kabra Lights and its affiliates and any entities
that Kabra Lights becomes involved with or merges with, the right to
use and/or sell your valid email address for any marketing programs
or communications with you.
D) Kabra
Lights will investigate and take appropriate legal action in its sole
discretion against anyone who violates this provision, including without
limitation, removing the offending communication from the site or service.
The following is a partial list of the kind of content that is illegal
or prohibited on the site - it includes content that: is patently offensive
to the online community, such as content that promotes racism, bigotry,
hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person or invades their
privacy; involves the transmission of "junk mail", "chain
letters,"
or unsolicited commercial e-mail or "spamming"; promotes information
that you know is false, misleading or promotes illegal activities or
conduct that is abusive, threatening, obscene, defamatory or libelous;
promotes an illegal or unauthorized copy of another person's copyrighted
work, such as providing pirated computer programs or links to them, providing
information to circumvent manufacture-installed copy-protect devices,
or providing pirated music or links to pirated music files; contains
restricted or password only access pages, or hidden pages or images (those
not linked to or from another accessible page); displays pornographic
or sexually explicit material of any kind; provides material that exploits
people under the age of 18 in a sexual or violent manner, or solicits
personal information from anyone under 18; provides content that involves
cursing, swearing, incest, falsifying gender, violence, necrophilia,
impersonating another member, threat of suicide or harm to oneself or
others, drug paraphernalia, or beastiality; provides instructional information
about illegal activities such as making or buying illegal weapons, violating
someone's privacy, or providing or creating computer viruses; solicits
passwords or personal identifying information for commercial or unlawful
purposes from other users; sending advertisements in chat or instant
messaging messages; and engages in commercial activities and/or sales
without our prior written consent such as contests, sweepstakes, barter,
advertising, and pyramid schemes.
E) You must
use the www.witch-lovespells.com site in a manner consistent with any
and all applicable laws and regulations.
F) You agree
that you will not use any robot, spider, other automatic device, or
manual process to monitor or copy our web pages or the content contained
herein without our prior expressed written permission. You agree that
you will not use any device, software or routine to bypass or to interfere
or attempt to interfere with the proper working of the www.witch-lovespells.com
site. You agree that you will not take any action that imposes an unreasonable
or disproportionately large load on our infrastructure. Much of the
information on our site is updated on a real time basis and is proprietary
or is licensed to Kabra Lights by our users or third parties.
G) You may
not engage in advertising to, or solicitation of, other members to
buy or sell any products or services through the service. You will
not transmit any chain letters or junk email to other www.witch-lovespells.com
viewers. Although Kabra Lights cannot monitor the conduct of its viewers
off the www.witch-lovespells.com site, it is also a violation of these
rules to use any information obtained from the service in order to
harass, abuse, or harm another person, or in order to contact, advertise
to, solicit, or sell to any member without their prior explicit consent.
H) While
Kabra Lights uses reasonable efforts to include accurate and up to
date information in the Site, Kabra Lights makes no warranties or representations
as to its accuracy. Kabra Lights assumes no liability or responsibility
for any errors or omissions in the content of the Site.
6.
Copyright Policy/DMCA Notice:
You may not post, distribute, or reproduce in any way any copyrighted
material, trademarks, or other proprietary information without obtaining
the prior written consent of the owner of such proprietary rights or
otherwise have a valid basis under the law, including "fair use".
Without limiting the foregoing, if you believe that your work has been
copied and posted on the www.witch-lovespells.com site in a way that
constitutes copyright infringement, please provide our Copyright Agent
with the following information consistent with the Digital Millennium
Copyright Act (DMCA): an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest; a
description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located
on the our site including the URLs of web pages and/or hyperlinks; your
address, telephone number, and email address; a written statement by
you that you have a good faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law; a statement by you, made
under penalty of perjury, that the above information in your Notice is
accurate and that you are the copyright owner or authorized to act on
the copyright owner's behalf. Kabra Lights' Copyright Agent for Notice
of claims of copyright infringement can be reached as follows:
----------------------------------------------------------------------
General Counsel, Kabra Lights
kofi@witch-lovespells.com
----------------------------------------------------------------------
It is the intention of Kabra Lights to fully comply with the DMCA, including
the Notice and "take down" provisions and to benefit from the
safe harbors immunizing it from liability to the fullest extent provided
by law, and to the extent the Notice and "take down"
requirements above deviate from the requirements under the DMCA then
the Notice requirements as provided by the DMCA shall control and are
herein incorporated by reference.
7.
Disputes:
Kabra Lights does not control the information provided by other users
that are made available through our system. You may find other user's
information to be offensive, harmful, inaccurate, or deceptive. Please
use caution, common sense, and safety when using our site. You are solely
responsible for your interactions with other www.witch-lovespells.com
users. Because Kabra Lights is not involved in user interactions, in
the event that you have a dispute with one or more members or those who
have posted, viewed, or used information on the witch-lovespells.com
site, you release Kabra Lights, including its officers, directors, agents,
subsidiaries and employees, from claims, demands and damages (actual
and consequential) of every kind and nature, known and unknown, suspected
and unsuspected, disclosed and undisclosed, arising out of or in any
way connected with such disputes. If you are a California resident, you
waive California Civil Code § 1542, which says: "A general
release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release, which
if known by him must have materially affected his settlement with the
debtor." Kabra Lights reserves the right, but has no obligation,
to monitor disputes between you and other members.
8.
Privacy:
Use of the www.witch-lovespells.com site and/or its service is governed
by our Privacy Policy, which may change from time to time.
9.
Disclaimers:
Kabra Lights, including its officers, directors, agents, subsidiaries
and employees is not responsible for any incorrect or inaccurate content
posted on the site or in connection with the Kabra Lights service, whether
caused by users, members or by any of the equipment or programming associated
with or utilized in the service, nor for the conduct of any user and/or
viewer of the Kabra Lights service whether online or offline. Kabra Lights
assumes no responsibility for any error, omission, interruption, deletion,
defect, delay in operation or transmission, communications line failure,
theft or destruction or unauthorized access to, or alteration of, user
and/or member communications. Kabra Lights is not responsible for any
problems or technical malfunction of any telephone network or lines,
computer on-line-systems, servers or providers, computer equipment, software,
failure of email or players on account of technical problems or traffic
congestion on the Internet or at any website or combination thereof,
including injury or damage to users and/or Viewers or to any other person's
computer related to or resulting from participating or downloading materials
in connection with the witch-lovespells.com site and/or in connection
with the Kabra Lights service. Under no circumstances is Kabra Lights
responsible for any loss or damage resulting from anyone's use of the
Site or the service and/or any content posted on the witch-lovespells.com
site or transmitted to witch-lovespells.com Users. The use of this site
is for entertainment purposes only and information provided is based
on spiritual beliefs. There are no claims of the accuracy of the content
and You agree that Kabra Lights makes no guarantees regarding the validity,
truth, or likelihood of any and all information obtained on any of our
sites whether through a public or private paid for service of the site. Any purchases made from this site, or from Kabra Lights, whether,
on-line, downloadable or otherwise shall be subject to this disclaimer.
Kabra Lights makes no claims nor guarantees any medical, supernatural
or magical qualities for any service or product that is sold on this
site. The site, the service and the merchandise are provided "AS-IS"
and Kabra Lights expressly disclaims any warranty of fitness for a particular
purpose or non-infringement. Kabra Lights cannot guarantee and does not
promise any specific results from use of the site and/or the purchases
of products made from Kabra Lights, this site or the witch-lovespells.com
service, whether the purchase is made on the site or by mail as provided.
Once a purchase has been made and delivered by Kabra Lights, it is a
final sale, there are no refunds, reimbursements or replacements. Please
read the instructions and follow them carefully. Failure to follow the
instructions carefully may inhibit the result you are looking for and
Kabra Lights and is not responsible and expressly disclaims the warranties
and fitness for a particular purpose as explained above.
10.
Limitation on Liability:
Except in jurisdictions where such provisions are restricted (and in
that event liability is disclaimed to the fullest extent permitted by
law), in no event will Kabra Lights be liable to you or any third person
for any indirect, consequential, exemplary, incidental, special or punitive
damages, including also lost profits arising from your use of the site
or the Kabra Lights service, even if Kabra Lights has been advised of
the possibility of such damages. Notwithstanding anything to the contrary
contained herein, Kabra Lights ’ liability to you for any cause
whatsoever, and regardless of the form of the action, will at all times
be limited to the amount paid, if any, by you to Kabra Lights for the
service and/or product purchased.
Your use of and browsing in the Site are at your risk. Neither Kabra
Lights nor any other party involved in creating, producing, or delivering
the Site is liable for any direct, incidental, consequential, indirect,
or punitive damages arising out of your access to, or use of, the Site.
Without limiting the foregoing, everything on the Site is provided to
you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Please note that some jurisdictions may not allow the exclusion of implied
warranties, so some of the above exclusions may not apply to you. Check
your local laws for any restrictions or limitations regarding the exclusion
of implied warranties. Kabra Lights also assumes no responsibility, and
shall not be liable for, any damages to, or viruses that may infect,
your computer equipment or other property on account of your access to,
use of, or browsing in the Site or your downloading of any materials,
data, text, images, video, or audio from the Site.
Although Kabra Lights may from time to time monitor or review discussions,
chats, postings, transmissions, bulletin boards, and the like on the
Site, Kabra Lights is under no obligation to do so and assumes no responsibility
or liability arising from the content of any such locations nor for any
error, defamation, libel, slander, omission, falsehood, obscenity, pornography,
profanity, danger, or inaccuracy contained in any information within
such locations on the Site. You are prohibited from posting or transmitting
any unlawful, threatening, libelous, defamatory, obscene, scandalous,
inflammatory, pornographic, or profane material or any material that
could constitute or encourage conduct that would be considered a criminal
offense, give rise to civil liability, or otherwise violate any law.
Kabra Lights will fully cooperate with any law enforcement authorities
or court order requesting or directing Kabra Lights to disclose the identity
of anyone posting any such information or materials.
11.
U.S. Export Controls:
Software from this site is further subject to United States export controls.
No software from this site may be downloaded or otherwise exported or
re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya,
North Korea, Iran, Syria, or any other country to which the U.S. has
embargoed goods; or (ii) to anyone on the U.S. Treasury Department's
list of Specially Designated Nationals or the U.S. Commerce Department's
Table of Deny Orders. By downloading or using the Software, you represent
and warrant that you are not located in, under the control of, or a national
or resident of any such country or on any such list.
12.
Jurisdiction and Arbitration of Disputes:
Any and all disputes arising out of or related to these Terms of Use
and/or your relationship with Kabra Lights and/or your use of this site
shall be submitted to binding arbitration according to the rules of the
American Arbitration Association. The parties to the arbitration shall
evenly divide any and all costs of the arbitration. Neither party shall
be entitled to attorney fees. All parties submit to exclusive jurisdiction
in New York, New York. The arbitration shall take place exclusively in
Los Angeles and shall be governed by California law without regard to
its conflict of law provisions.
The Sites are controlled and operated by Kabra Lights from its offices
within the State of California, United States of America. Kabra Lights
makes no representation that materials in the Sites are appropriate or
available for use in other locations and other countries. Those who choose
to access the Sites from other locations do so on their own initiative
and are responsible for compliance with local laws, if and to the extent
local laws are applicable.
This agreement
shall be governed by, construed and enforced in accordance with the
laws of the State of California, as it is applied to agreements entered
into and to be performed entirely within such State. Any action you,
any third party or Kabra Lights may bring to enforce this agreement
or, in connection with, any matters related to this site shall be brought
only in either the state or Federal Courts located in Los Angeles County,
California, and you expressly consent to the jurisdiction of said courts.
If any provision of this agreement shall be unlawful, void, or for
any reason unenforceable, then that provision shall be deemed severable
from this agreement and shall not affect the validity and enforceability
of any remaining provisions. This is the entire agreement between the
parties relating to the matters contained herein and shall not be modified
except in writing, signed by Kabra Lights.
13.
Indemnity:
You agree to indemnify and hold Kabra Lights, its subsidiaries, affiliates,
officers, agents, and other partners and employees, harmless from any
loss, liability, claim, or demand, including reasonable attorney's fees,
made by any third party due to or arising out of your use of the service
in violation of this Agreement and/or arising from a breach of these
Terms of Use and/or any breach of your representations and warranties
set forth above.
14.
Notices/Other:
Except as explicitly stated otherwise, any notices shall be given by
postal mail to:
----------------------------------------------------------------------
General Counsel, Kabra Lights
kofi@witch-lovespells.com
----------------------------------------------------------------------
Kabra Lights may at any time revise these Terms and Conditions by updating
this posting. You are bound by any such revisions and should therefore periodically
visit this page to review the then current Terms and Conditions to which you
are bound.
KABRA LIGHTS PRIVACY POLICY
We understand
that your privacy is very important to you. That's why we've developed
this policy to ensure that your privacy is protected while using our
services.
Table of Contents
A Special
Note About Children
About www.witch-lovespells.com and Information We Collect
Our Use of Your Information
Our Disclosure of Your Information
Your use of Other Users' Information
Third Party Collections of Information
Security
1. A Special
Note About Children
Children under eighteen years of age are not eligible to use our services.
We ask that children not submit information to us.
2. About Kabra Lights and Information We Collect
www.witch-lovespells.com is an online site which provides you with information,
services and products.
In the course of using our site, we may automatically track certain information
such as your IP addresses and email addresses. Many sites automatically
collect this information. If you choose to post messages in our message
areas, we will only display such information about you as you choose
to reveal. However, any information posted in those areas are collected
by us.
If you send us personal correspondence, such as emails or letters, or
if other users or third parties send us correspondence about your activities
or postings on the site, we may collect such information into a file
which is only accessed by authorized personnel. We may also collect other
users' comments about you in our complaints department.
3. Our Use of Your Information
We internally use personally identifiable information of our users to
improve our marketing efforts, to statistically analyze site usage, to
improve our content and product offerings as well as to customize our
site's content and layout. We believe these uses allow us to improve
our site and better tailor your online experience to meet your needs.
We may also use personally identifiable information about you to deliver
information to you that, in some cases, are targeted to your interests,
such as targeted banners and promotions.
We also send periodic informational updates to our Viewers via email.
We use personally identifiable information to resolve disputes, troubleshoot
problems and enforce our User Agreement.
4. Our Disclosure of Your Information
We DO NOT sell or rent any personally identifiable information about
you to any third party without your permission. We do disclose information
in aggregate to advertisers and for other marketing and promotional purposes.
However, in these situations, we DO NOT disclose to these entities any
information that could be used to personally identify you. Certain information,
such as your credit card number, and bank account number, are not disclosed
in aggregate at all.
In order to maintain a healthy community, Kabra Lights cooperates with
all law enforcement inquiries and with all third parties to enforce their
intellectual property or other rights.
5. Your use of Other Users' Information
Kabra Lights and our users do not tolerate spam, harassment, or threats.
6. Third Party Collections of Information
Our policy only addresses the use and disclosure of information we collect
from you. To the extent that you disclose your information to other parties
on our system or other sites throughout the Internet, different rules
may apply to their use or disclosure of the personal information you
disclose to them. While Kabra Lights is working closely with our partners
to ensure the highest privacy to you, we encourage you to ask questions
before you disclose your personal information to others.
7. Security
Kabra Lights has security measures in place to protect and prevent the
loss, misuse, and alteration of the information under our control. Kabra
Lights uses industry standard efforts to safeguard the confidentiality
of your personal identifiable information such as firewalls. While
"perfect security" does not exist on the Internet, our technical
experts at Kabra Lights work hard to ensure your secure use of our services.
You agree that this Agreement and all incorporated Agreements may be
automatically assigned by Kabra Lights, in our sole discretion, to a
third party. Headings are for reference purposes only and in no way define,
limit, construe or describe the scope or extent of such section. References
to Kabra Lights shall include its subsidiaries, affiliates, officers,
agents, and other partners and employees. Kabra Lights’ failure
to act with respect to a breach by you or others does not waive its right
to act with respect to subsequent or similar breaches. If any provision
of this Agreement is held invalid, the remainder of this Agreement shall
continue in full force and effect.
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2006 All rights reserved Witch
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