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TERMS AND CONDITIONS OF USE
Access to this website, the home page of which is located at
http://www.lyndadoyle.com (the "Site") is
offered to you by Moongate & Assoc's ("MOONGATE & ASSOC'S") conditioned upon
your acceptance, without modification, of these "Terms and Conditions of Use".
Your use of this Site constitutes your binding agreement to these Terms and
Conditions of Use. Should you not agree, in any way whatsoever, with these Terms
and Conditions of Use, then you are not licensed or authorized to use the Site
and should leave immediately. MOONGATE & ASSOC'S reserves the right to change
these Terms and Conditions of Use at any time.
1. YOUR USE OF THE SITE.
1.1. License to Use the Site. MOONGATE & ASSOC'S owns all rights, including
all rights in copyright, in and to the Site. MOONGATE & ASSOC'S grants you, the
individual user, the right and license to use this Site in strict conformity
with these Terms and Conditions of Use. Any other use or exploitation of this
Site or the Site Content is strictly prohibited without prior written consent by
Moongate & Assoc's. "Site Content" means any and all elements of the Site
protectable by copyright or any other law including, but not limited to, any
text, graphics, animation, video, audio, audiovisual works, displayed designs or
logos, information, opinions, remarks, comments, and other content made
available through, or underlying, the Site. MOONGATE & ASSOC'S licenses this
Site for your personal use only, and not for any commercial purpose. No business
entity (e.g., corporation, partnership, sole proprietorship) is licensed
to use this Site. This Site is only licensed for the use of natural human
individuals in their personal capacities.
1.2. Not Intended for Minors. The Site is not intended for persons under the
age of eighteen (18) years of age ("Minors"). The Site Content may be confusing
or offensive to Minors. Any Minor should seek consent from his/her legal
guardian before using this Site, and such legal guardian should strictly monitor
such Minor's use of the Site.
1.3. Nature of Services. MOONGATE & ASSOC'S offers its Site services for
consideration purposes only. No information, opinions, remarks, predictions or
advice, nor comments made available through the Site or contained in the Site
Content should be construed as fact or actual advice. The Site is not intended
to provide, and you should not interpret the Site Content as, psychological,
psychiatric, emotional, medical, or career advice or guidance. MOONGATE &
ASSOC'S does not warrant the truth, seriousness, accuracy or completeness of any
Site Content and, accordingly, you agree that MOONGATE & ASSOC'S is not subject
to liability for or relating to the same. Psychic information, by its nature, is
based on spirituality and/or factors society considers to be outside of
scientific knowledge, not necessarily or even generally based on fact, and
subject to opinion, irrational guesses, intuition, and interpretation.
1.4. Username/Password. MOONGATE & ASSOC'S may issue you a username and/or
password for access to the Site, chat rooms, or other portions of, or services
provided via, the Site. You shall hold and secure any such username or password
as strictly confidential. Accordingly, you shall not allow friends, family, or
other persons access to or use of such username or password. Obviously, you
shall not post the username or password on any website nor transmit it through
insecure sites.
1.5. Communications/ Messages from Users. As used in these Terms and
Conditions of Use, "Your Posted Material" means any information, messages,
e-mails, chat room postings, discussions, stories, poems, anecdotes, drawings,
or any other copyrightable work or non-copyrightable idea, expression, or
communication, regardless of whether you authored or created such work or
communication, which you cause to be posted to, or in any way transmitted via,
the Site. You agree that none of Your Posted Material will contain information
or content that (i) infringes on the copyright or any other rights of any
person; (ii) reveals trade secrets or any information which you have agreed,
expressly or impliedly, to keep confidential; (iii) includes sexually explicit
images, depictions, or content; (iv) is obscene, indecent, defamatory, abusive,
or otherwise unlawful; (v) contains a virus or any other potentially damaging
content; (vi) constitutes harassment or stalking; or (vii) constitutes invasion
of privacy, or misappropriation of statutory or common law rights to publicity
or personality. Additionally, even if such content is legal, you agree that none
of Your Posted Material will contain information or content that: (a) contains
or constitutes commercial advertising, solicitation, informational
announcements, or political tracts; (b) constitutes, contains, or encourages
"make-money fast" type messages, "chain letters" or "pyramid schemes" of any
type; (c) contains false or misleading information; (d) is purportedly sent from
a person other than yourself (e.g., impersonation of another person or
user); or (e) with respect to MOONGATE & ASSOC'S chat rooms, disrupts the normal
flow of dialogue, or posts comments that are not related to the topic being
discussed (unless it is clear that the discussion is free-form). MOONGATE &
ASSOC'S takes violations of its clients' rights and its own rights seriously,
and makes efforts to report any potential criminal violations to appropriate
authorities.
2. LINKS TO THIRD PARTY SITES/THIRD PARTY COMMUNICATIONS.
2.1. Links to Third Party Sites. This Site may contain hyperlinks or other
references to third party Internet world wide web sites that MOONGATE & ASSOC'S
does not own or operate ("Third Party Sites"). Such hyperlinks are provided for
your reference only. MOONGATE & ASSOC'S makes no warranties or representations
regarding the availability of, or the content located through, the Third Party
Sites. MOONGATE & ASSOC'S does not endorse, sponsor, or review the content
contained at the Third Party Sites on a regular basis, nor does MOONGATE &
ASSOC'S represent that the Third Party Sites are appropriate for all types of
users, in compliance with laws, or are actually what they purport to be.
Accordingly, MOONGATE & ASSOC'S expressly does not accept nor assume
responsibility or liability for any content made available via Third Party
Sites, nor any damages or losses incurred by the users of Third Party Sites
whatsoever. Likewise, the proprietors of the Third Party Sites do not
necessarily have knowledge of, endorse, sponsor, or approve of the hyperlink to
such Third Party Site, or the Site Content, contained at this Site. You assume
all risk associated with using any hyperlink or such Third Party Site.
2.2. Third Party Postings. MOONGATE & ASSOC'S makes its chat rooms and other
functions of the Site available for third party discussion and notices. MOONGATE
& ASSOC'S expressly denies any endorsement, sponsorship, approval, or agreement
with any third party communication made available via the Site, including
messages, discussion, information, and advertising of its customers or
licensors. MOONGATE & ASSOC'S shall not be deemed to have considered, reviewed,
screened, or approved of any such third party or customer communication.
However, MOONGATE & ASSOC'S reserves the right for any reason to remove without
notice any communication made available via the Site, and to deny in its sole
discretion your access or any user access to communications made available via
this Site.
3. INTELLECTUAL PROPERTY.
3.1. Copyright. The Site Content, as well as the Site's "Code", including,
but not limited to, any and all html code, script, source code, object code,
software, computer programs, and other sets of statements or instructions
contained in or underlying this Site, are owned by MOONGATE & ASSOC'S and/or its
licensors and are protected by applicable copyright laws and international
treaties. Copyright © 2002 and 2003 MOONGATE & ASSOC'S. All Rights Reserved.
Unless otherwise expressly permitted elsewhere in the Site by MOONGATE & ASSOC'S,
you shall not copy, distribute, publish, perform, modify, download, transmit,
purportedly transfer, sell, or license, reproduce, create derivative works from
or based on, distribute, post, publicly display, frame, link, or in any other
way exploit any of the Site Content or Code, in whole or in part. Links to the
Site are only permitted upon express permission from and arrangement with
MOONGATE & ASSOC'S. Any rights not expressly granted herein are reserved. Any
violation of such copyright laws may result in severe civil and criminal
penalties. Violators will be prosecuted to the maximum extent possible.
3.2. Trademark. MOONGATE & ASSOC'S, MOONGATE.ca, MOONGATE & ASSOC'S CHAT, are
service marks of MOONGATE & ASSOC'S. Any product, service, or company name other
than those owned by MOONGATE & ASSOC'S that identifies a third party as the
source thereof may, even if not so indicated, be the service mark or trademark
of that respective company or individual.
3.3. License to Your Postings to the Site; Indemnity. You hereby grant to
MOONGATE & ASSOC'S the royalty-free, non-exclusive, but transferable, right and
license to use and exploit all rights in copyright in and to Your Posted
Material throughout the universe for all forms of media, whether now known or
later developed or created. Accordingly, among other rights, MOONGATE & ASSOC'S
may reproduce, modify, publish, translate, distribute, sell, perform, and
display Your Posted Material alone or as part of other works in any form or
technology. You represent, warrant, and guarantee that (i) you have the full and
unrestricted right to grant such rights to Your Posted Material, and that there
are no other agreements with any third party in conflict herewith; and (ii)
MOONGATE & ASSOC'S's exercise of its rights granted by you hereunder shall not
infringe upon any copyright or any other subsisting right of any third party.
Moreover, you agree to indemnify and hold MOONGATE & ASSOC'S harmless from and
against any and all claims, demands, and liabilities, of any kind or character,
made by you or any third party against MOONGATE & ASSOC'S arising out of or
relating to MOONGATE & ASSOC'S's exercise of such rights to Your Posted
Material.
4. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY.
4.1. Neither Moongate & Assoc's nor any provider of content for the site or
their respective agents warrant that the site will be uninterrupted or error
free; nor does Moongate & Assoc's, any of provider of content to the site, or
their respective agents make any warranty as to the results to be obtained from
use of the site. The site and the site content are distributed on an "as is" and
"as available" basis. Moongate & Assoc's and its agents do not make any
warranties of any kind, either express or implied, including, without
limitation, warranties of title or warranties of merchantability or fitness for
a particular use or purpose, with respect to the site, any site content, or any
goods or services offered for made available through via site. You expressly
agree that the entire risk as to the quality and performance of the site and the
accuracy or completeness of the site content or information made available via
the site is assumed solely by you. Further, you understand that the site
provides spiritual services, and no advice or factual information is intended to
be conveyed at the site though the appearance of advice may be perceived.
Therefore, Moongate & Assoc's, and it's owners, associates, heirs, executors,
agents and employees, shall not be liable for your reliance on, or its omission
of, such information or apparent advice, and you expressly indemnify and hold
Moongate & Assoc's and it's owners, associates, heirs, executors, agents and
employees harmless from any liability arising out of or relating to the same.
4.2. Neither Moongate & Assoc's, any third party content provider nor their
respective agents shall be liable for any indirect, incidental, special,
consequential, or punitive damages, nor for any lost profits or lost
opportunity, arising out of the use of or inability to use the site, or reliance
upon information transmitted via the site, even if such party has been advised
of the possibility of such damages. You expressly agree that the principal
amount of fees paid by you directly to Moongate & Assoc's are the only possible
direct damages that could arise out of use of the site or dissatisfaction with
the services provided or offered via the site.
4.3. Without waiving the governing law provision below, some jurisdictions do
not allow exclusion of implied warranties or limitations of liability for
incidental or consequential damages, so the above limitations or exclusions may
not apply to you. In such jurisdictions, the liability of Moongate & Assoc's,
third party content providers, and their respective agents shall be limited to
the greatest extent permitted by law.
5. GENERAL TERMS.
5.1. Notices. Notices by MOONGATE & ASSOC'S to you may be given by means of a
general posting at the Site, by e-mail, or by conventional postal mail. Notices
(including questions, complaints, or legal notices) by you to MOONGATE & ASSOC'S
may be given by e-mail or conventional postal mail, unless otherwise specified
in this Agreement, as follows:
(a) Electronic mail (e-mail) must be sent to
services@lyndadoyle.com
(b) Mail and courier deliveries must be sent to Moongate & Assoc's at the
approved addresses of Moongate & Assoc's
5.2. Governing Law/Forum Selection. The Terms and Conditions of Use shall be
governed by and interpreted in accordance with the laws of the Province of
Ontario, Canada, applicable to contracts made and to be performed solely in the
Province of Ontario, Canada, without regard to conflict of laws principles. Any
and all suits to enforce, construe, or relating in any way to these Terms and
Conditions of Use shall be filed and prosecuted in the appropriate courts within
the City of London, in the Province of Ontario, County of Middlesex, Country of
Canada, which courts shall constitute the exclusive respective federal and
provincial venue for such action. The parties each expressly waive any and all
defenses to an action brought in such forum based on lack of personal
jurisdiction or inconvenient venue.
5.3. Term. These Terms and Conditions of Use are terminable at the will of
MOONGATE & ASSOC'S or you. If you wish to terminate this agreement, simply do
not use the Site (remember, your use of the Site constitutes your binding
agreement to these Terms and Conditions of Use). MOONGATE & ASSOC'S may
terminate this agreement either by (i) posting notice of same at the Site, or
(ii) by sending you notice by e-mail, postal mail, or courier, or (iii) by
deactivating any username or password associated with your use of the Site, or
(iv) by otherwise denying your access to the Site. Additionally, in its sole and
absolute discretion, MOONGATE & ASSOC'S may suspend your use of the entire Site,
or of certain portions of the Site; and in its sole and absolute discretion,
likewise, MOONGATE & ASSOC'S may expel you from using any portion of the Site
while permitting you to use other portions of the Site.
5.4. Entire Written Agreement. These Terms and Conditions of Use constitute
the entire agreement between you and MOONGATE & ASSOC'S relating to this Site or
the Site Content. No prior or contemporaneous written, oral, or electronic
representation, negotiation, or agreement form a part of this agreement, and
these Terms and Conditions of Use supercede any and all prior written, oral, or
electronic agreements between you and MOONGATE & ASSOC'S relating to this Site.
These Terms and Conditions of Use constitute a written agreement between you and
MOONGATE & ASSOC'S. A printed version of these Terms and Conditions of Use shall
be admissible in judicial or administrative proceedings to the same extent, and
subject to the same restrictions, as other business contracts, documents, or
records originally generated and maintained in printed form.
5.5. Severability. If any provision of this Agreement is held invalid,
unenforceable or void, the remainder of the Agreement shall not be affected
thereby and shall continue in full force and effect.
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