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Access to the www.dianecramer.com Web site is provided to you, the User, subject to the following terms and conditions which may be updated by us from time to time without prior notification. Also, use of certain areas of the site is subject to additional posted guidelines or rules applicable to such areas, and those guidelines or rules are hereby incorporated by reference into these terms and conditions.
1. ACCESS: Diane Cramer and her assigns ("We," "we" or "Diane Cramer") maintains the 'Astrology by Diane Cramer' web site (the “Site”) at http://www.dianecramer.com as a courtesy to you and anyone else who may choose to access the Site (the "User," and collectively, the "Users"). The Site features information about Diane Cramer's private astrology practice in New York City, New York, USA. You acknowledge that you have no legal access to the Site, that you shall not read any of its contents, and that you have no right to distribute any of its contents to any third party, including government parties, if the practice of astrology is prohibited in your location.
2. REGISTRATION: You can browse the Site without registering your email address. However, you may choose to submit your email address and any other relevant information required from you at the time of submission in order to obtain access to services such as email alerts, newsletters or other content distributed by Diane Cramer. If you register on the Site, you agree to provide current, complete and accurate registration information and to maintain such information accurate, current and complete. Diane Cramer reserves the right to suspend or terminate any accounts and any and all current use of service, in the event that you provide any information that is inaccurate, not current or incomplete, or Diane Cramer has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete.
3. USER CONDUCT: The Site may contain bulletin boards, discussion groups, chat rooms, or other message, third party content or communication facilities (collectively, "Forums"). User agrees to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, User agrees that when using a Forum, User shall not do any of the following: Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information. Upload or attach files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents. Upload or attach files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer. Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded. Falsify the origin or source of software or other material contained in a file that is uploaded. We reserve the right to terminate service to you, in our sole discretion, with or without notice, if we believe that your conduct fails to conform with this Agreement, to investigate and to involve and cooperate with law enforcement authorities, and to pursue a civil lawsuit or criminal prosecution for any alleged or actual illegal activities involving the Site or any of its services.
4. USE OF SITE CONTENT: The Site contains information, text, articles, graphics, and other content (the "Site Content"). The Site Content is protected under the copyright laws of the United States and of other countries. Unless indicated otherwise on the Site Content, we ask that you contact us at email@example.com for permission for any reproduction, modification, or distribution of such Site Content. Some Site Content has been submitted by the Site's partners, Users, and by third parties, and may be subject to more specific restrictions, as indicated on such Site Content.
5. CONTRIBUTED CONTENT. We reserve the right to review any feedback or content you may submit to the Site and to publish such feedback or content if we deem it a valuable contribution of Diane Cramer's work. We do not claim ownership of content you submit or make available (“Contributed Content”) for inclusion in the Site, its services and Forums. However, with respect to original Contributed Content for inclusion in the Site, its services and Forums, you grant Diane Cramer a perpetual, royalty-free license to use, distribute, reproduce, make derivative works, edit, publish, translate, publicly perform and publicly display such Contributed Content (in whole or in part) and to incorporate such Contributed Content into other works in any format or medium now known or later developed. If you contribute content that does not constitute your original work of authorship as defined under US Copyright Law, but a third party holds the copyright and other proprietary rights to such content, you represent and warrant to Diane Cramer that you do not infringe on any third party’s copyright or other proprietary rights and that you have secured all necessary permissions and licenses prior to contributing such content to the Site, its services and Forums.
6. COPYRIGHT NOTICE. If you believe in good faith that your copyrighted work has been reproduced on the Site, including the Site's services or Forums, without authorization in a way that constitutes copyright infringement, please proceed as outlined in our Copyright Notice.
7. DISCLAIMER OF WARRANTIES: While Diane Cramer endeavors to provide current and accurate information, SITE CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE". DIANE CRAMER DOES NOT WARRANT THE AVAILABILITY OF THE SITE NOR THE ACCURACY, COMPLETENESS, OR CURRENCY OF THE SITE CONTENT OR ANY MATERIAL PROVIDED THROUGH THE SITE, ITS SERVICES OR FORUMS, AND DOES NOT WARRANT THAT THE SITE OPERATES ERROR-FREE, NOR THAT DEFECTS, ERRORS OR OMISSIONS WILL BE CORRECTED OR THAT THE SITE IS COMPLETELY SECURE. DIANE CRAMER DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED, EXPRESS OR STATUTORY WARRANTIES AS TO NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR THIRD PARTY RIGHTS, TITLE, LATENT DEFECTS, UNINTERRUPTED SERVICE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUSES.
8. DISCLAIMER OF LIABILITY: UPON YOUR ACCESS OF THE SITE, YOU AGREE THAT IN NO EVENT WILL DIANE CRAMER BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL INCIDENTAL, MORAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, OPPORTUNITIES OR INFORMATION OR FOR EXPENSES ARISING IN CONNECTION WITH YOUR USE OF THE SITE, ITS SERVICES, FORUMS OR THE SITE CONTENT, EVEN IF DIANE CRAMER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES AND YOU AGREE TO HOLD DIANE CRAMER HARMLESS AGAINST ANY LIABILITY, FINANCIAL OR OTHERWISE, AND TO PROTECT DIANE CRAMER IN A COURT OF LAW AGAINST ANY AND ALL CLAIMS DIRECTLY AND INDIRECTLY RESULTING FROM YOUR USE OF THE SITE.
9. DISCLAIMER OF ENDORSEMENTS: The Site contains links to third-party web sites. The linked sites are not under the control of Diane Cramer, and Diane Cramer is not responsible for the contents of any linked site or any link contained in a linked site. The appearance on the Site of the name or logo of another entity, or the appearance of a link to another entity's site, does not indicate endorsement or referral by Diane Cramer of the other entity or its products and services, and Diane Cramer expressly disclaims any such endorsement or referral.
10. GOVERNING LAW; CHOICE OF JURISDICTION. This Agreement will be interpreted and enforced in accordance with the laws of the State of New York, United States of America. User agrees to the exclusive jurisdiction of the courts of the State of New York.