Welcome to myCrystalBall at crystalballMedia.com!
We hope you enjoy your visit, and find that using our service is productive,
easy and fun.
Before you begin setting up your account with crystalballMedia (herein
referred to as "we," "us," "our" or "crystalballMedia"), please read the
following Terms of Use ("Terms") carefully. If you ("you") agree to these
Terms, and wish to use the myCrystalBall service ("Service"), please click
on the "Join Now" button. This will constitute a binding agreement between
you and crystalballMedia. To decline acceptance, click the "Cancel" button.
Note that any violation of these Terms may result in termination of our Service to you.
crystalballMedia reserves the right to change these Terms from time to time.
Please refer to this site periodically for any changes.
RULES OF CONDUCT You are strictly prohibited from posting content that is
pornographic; illegal; obscene; invasive of privacy; harmful to minors;
racially, ethnically or otherwise offensive; infringes any person’s
proprietary
rights; or which consists of a commercial solicitation of any kind.
crystalballMedia has
the right, but not the obligation, to review, remove or edit any content you
submit or post to the Site, at our sole discretion. We reserve the
right to terminate your account with or without notice if you
breach the Terms of Use agreement.
PERSONAL MEDIA OWNERSHIP - COPYRIGHT Please respect copyright and other
intellectual property rights. For example, in most cases, the person who
took a
photograph or video is the copyright owner. Please do not upload photo,
video, or sound
files that you do not own without the written consent of the owner.
MATERIALS PROVIDED TO crystalballMedia FOR POSTING crystalballMedia does not
claim ownership of
the materials you provide to us to post,
upload, input or submit to any Service (each a "Submission" and collectively
"Submissions"). However, by posting, uploading, inputting, providing or
submitting ("Posting") your Submission you are granting crystalballMedia
permission to
use your Submission in connection with your account, including, without
limitation,
the license rights to: copy, distribute, transmit, publicly display,
publicly
perform, reproduce, edit, translate and reformat your Submission; to publish
your name in connection with your Submission.
By Posting a Submission you warrant and represent that you own or otherwise
control all of the rights to your Submission as described in this Terms of
Use
Policy, including, without limitation, all the rights necessary for you to
provide, post, upload, input or submit the Submissions.
Compliance with COPPA The myCrystalBall service is not directed at children
under the age of 13.
crystalballMedia complies with the Children’s Online Privacy Protection Act
and does not
knowingly permit registration or submission of personally identifiable
information by anyone under 13 years of age. This age requirement is posted
each
time we request personally identifiable information.
ACCOUNT HOLDER'S PRIVILEGES AND OBLIGATIONS The Service is available only to
individuals over the age of 13. The Service is available to corporations,
non-profit
organizations or
other business entities. In order to use the Service, you must first
register as
a Member. You agree to provide accurate information, as prompted by the
registration form, including an accurate email address where you can be
contacted. Each individual is allowed to have only one Membership.
Membership is
non-transferable. You must choose a
password. You are responsible for any activity that occurs under your user
ID.
You agree to immediately notify crystalballMedia of any unauthorized use of
your
user ID or another breach of security in relation to the Service. You may
use
the Service for your personal, or commercial use. You may take the
results from your use of the Service and link to them using the HTML code
provided by
crystalballMedia, but you may not mirror pages from the
Site on another website, or create direct hot links from other websites onto
any area of this Site.
ACCOUNT HOLDER CONTENT myCrystalBall Private Area; Community Area You may
store, display
and publish your digital content on the Site. The digital content may
include
images, video, audio, music, sound files, and other materials, data, or
text.
Your digital content is linked to your user ID. As a myCrystalBall account
holder, you can display or
publish your content:
As "Private Content", in a private area of the Site, which is accessible
only to you and your guests, and which requires the use of a password (the
myCrystalBall Private Area) or
As "Public Content", in the public area of the Site, which is accessible
by all users of the Site, whether or not they are account holders, and which
does not
require the use of a password (the "Community Area").
You are responsible for creating and maintaining copies of your digital
content,
as back-ups, prior to posting or uploading any material, data, text, image,
video, music, sound, audio file, or other content or materials on the Site.
Communication via the Internet may use potentially unsecure computers and
links,
and data may be lost, or intercepted by unauthorized parties during such
transmission. You agree that crystalballMedia shall have no liability
whatsoever in
connection with such lost or intercepted data.
PRICE AND PAYMENT All products and services of myCrystalBall are subject to
charges and specific
terms and conditions, which are explained in connection with each such
content and
service. crystalballMedia may, at its discretion,
elect to modify, delete, reduce, augment, or discontinue the Service or any
product, service, feature, functionality on the Site, or institute changes
in fees.
crystalballMedia shall not be liable to you or any third party for any such
change.
LICENSE GRANT AND INTELLECTUAL PROPERTY RIGHTS In consideration for the
myCrystalBall Service, and the potential benefits related thereto, you grant
crystalballMedia, its
successors, licensees and assigns, a non-exclusive, worldwide, perpetual,
royalty free license to use, modify, reproduce, distribute, publish,
publicly
perform, and publicly display your Member Content, by all means now known,
or
later created, including but not limited to display on the Internet, and in
all
forms of media, now known or later created.
You acknowledge and agree that certain technical processing or reformatting
of
your digital content may be required to (a) perform encoding functions; (b)
conform to connecting network technical requirements; (c) conform to the
limitations of the Service or other similar requirements.
As between crystalballMedia and you, you will own your digital Content, and
crystalballMedia owns all right, title and interest (including all
intellectual
property rights) in and to the Site, the Service, the technology,
information,
documents, files, WebPages and other product developed in connection with
the
Site or available on the Site.
You agree not to translate, reverse engineer, reverse compile, disassemble
or
create derivative works from software programming contained in the Site or
the
Service.
Images of people or places displayed on the Site are either the property of,
or
used with permission by, crystalballMedia. The use of these images by you,
or anyone
else authorized by you, is prohibited unless specifically permitted by these
Terms and Conditions or specific permission provided elsewhere on the Site.
Any
unauthorized use of the images may violate copyright laws, trademark laws,
the
laws of privacy and publicity, and communications regulations and statutes.
The trademarks, logos, and service marks (collectively the "Trademarks")
displayed on the Site are registered and unregistered Trademarks of
crystalballMedia 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 crystalballMedia 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 crystalballMedia will aggressively enforce its intellectual
property rights
to the fullest extent of the law.
NOTICE OF CLAIMED INFRINGEMENT crystalballMedia respects the intellectual
property
of others, and we ask our users to
do the same. If you believe that your work has been copied in a way that
constitutes copyright infringement, or your intellectual property rights
have
been otherwise violated, please provide crystalballMedia’s Copyright Agent
the
following information:
A. an electronic or physical signature of the person authorized to act on
behalf
of the owner of the copyright or other intellectual property interest;
B. a description of the copyrighted work or other intellectual property that
you
claim has been infringed;
C. a description of where the material that you claim is infringing is
located
on the Services;
D. your address, telephone number, and email address;
E. a 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; and
F. a statement by you, made under penalty of perjury, that the above
information
in your Notice is accurate and that you are the copyright or intellectual
property owner or authorized to act on the copyright or intellectual
property
owner’s behalf.
Please send your intent to file Notice of Claimed Infringement to:
By return e-mail you will be provided with complete physical mail instructions.
Please do not send other inquires or information to our Designated Agent.
NOTICE AND TAKE DOWN PROCEDURES crystalballMedia reserves the right at any
time to implement
a “notice and takedown”
procedure upon receipt of any notification of claimed infringement.
crystalballMedia
reserves the right at any time to disable access to, or remove any material
or
activity accessible on or from any site or any materials claimed to be
infringing or based on facts or circumstances from which infringing activity
is
apparent.
U.S. GOVERNMENT RESTRICTED RIGHTS All materials, information, software and
other products supplied by or through the Service are provided with
"RESTRICTED
RIGHTS." use, duplication, or disclosure by the U.S. Government is subject
to
restrictions as set forth in FAR52.22724 and DFAR252.227-7013 et seq. or its
successor. use of any of such by the Government constitutes acknowledgment
of
our or our suppliers' proprietary rights in them. In the event that the
License,
or any part thereof, is deemed inconsistent with the minimum rights
identified
in the Restricted Right provisions, the minimum rights shall prevail.
INDEMNIFICATION You agree to indemnify, defend and hold harmless us, our
officers, directors, employees, agents, licensors, suppliers and any
third-party
information providers to the Service from and against all losses, expenses,
damages and costs, including reasonable attorneys' fees, resulting from any
violation of these Terms or any activity related to your account (including
negligent or wrongful conduct) by you or any other person accessing the
Service
using your account.
CLAIMS Any action hereunder must be brought, if at all, within one (1)
year from the accrual of the cause of action. The parties agree that any
claims
hereunder shall be subject to the state and federal laws of the state of
California,
and hereby consent to jurisdiction and venue in the courts of Los Angeles
County,
California.
EXPORT You are responsible for compliance with all local laws, and you are
required to comply with U.S.export laws and regulations when you use or
export any software or materials
provided through the Service.
DISCLAIMER OF WARRANTIES THE CONTENT AND/OR MATERIALS AVAILABLE THROUGH
crystalballMedia's SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS
AND
WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, crystalballMedia
EXPRESSLY
DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR
IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. crystalballMedia MAKES NO
WARRANTY THAT
ITS SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE,
OR
THAT THIS SITE OR OUR SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
crystalballMedia
MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, SPECIAL
OFFERS, OR THE DELIVERY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED,
ACCESSED
OR OBTAINED THROUGH crystalballMedia's SITE OR ADVERTISED THROUGH
crystalballMedia's SITE.
LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,
UNDER NO CIRCUMSTANCES SHALL
crystalballMedia BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL
DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE,
DATA
OR OTHER INTANGIBLES, EVEN IF crystalballMedia HAS BEEN ADVISED OF THE
POSSIBILITY OF
SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE
crystalballMedia'S SITE
OR SERVICES, FROM ANY CHANGES TO THIS SITE OR ITS SERVICES, OR FROM
UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. SOME JURISDICTIONS DO
NOT
ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER
TYPES OF
DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
MISCELLANEOUS We may assign our rights and responsibilities hereunder
without notice to you.
All items purchased through crystalballMedia are made pursuant to a shipment
contract.
This means that the risk of loss and title for such items pass to you upon
our
delivery to our carrier.
When you place an order, crystalballMedia will not bill you until we ship
the items
ordered. crystalballMedia reserves the right to ship partial orders (at no
additional
cost to you). The portion of the order that is partially shipped may be
charged
to your credit card at the time of shipment.
If any part of this Agreement is held to be invalid or unenforceable, then
the
invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision most closely matching the intent of the original
provision
and the remainder of the Terms will continue in effect.
These Terms constitute the entire agreement between you and us with respect
to
this Service, and supersede all other communications, written or oral, with
regard to the Service.Fullers
Crystalball Media #289
4044 W. Lake Mary Blvd, Unit 104
Lake Mary, Florida 32746
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