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 email@example.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.