Terms of Service
AGREEMENT BETWEEN USER AND PARANORMAL EXISTENCE
The Paranormal Existence Web Site is comprised of various Web pages owned operated by Paranormal Existence & Visual Magic.
MODIFICATION OF THESE TERMS OF USE
Paranormal Existence reserves the right to change the terms, conditions, and notices under which the Paranormal Existence Web Site is offered, including but not limited to the changes associated with the use of the Paranormal Existence Web Site.
Your Acceptance
BY USING OR VISITING THIS WEBSITE, OR SUBMITTING CONTENT TO THIS WEBSITE, YOU SIGNIFY YOUR ASSENT TO (1) THESE TERMS AND CONDITIONS (the “Terms & Conditions”). These Terms & Conditions apply to all users of the Website. If you do not agree to these Terms & Conditions, the Privacy Policy, then please do not use the Website.
Website Access
Paranormal Existence hereby grants you permission to use the Website, provided that: (i) your use of the Website is solely for your personal, noncommercial use; (ii) you will not copy, distribute or modify any part of the Website without Paranormal Existence permission; (iii) you will not send unsolicited or unauthorized advertisements, spam, chain letters, etc., (iv) you will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (v) you will not disrupt servers or networks connected to the Website; and (vi) you comply with these Terms & Conditions.
In order to access some features of the Website, you will have to create an online account. You may never use another user’s account with or without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. Paranormal Existence will not be liable for your losses caused by any unauthorized use of your account.
NO UNLAWFUL OR PROHIBITED USE
You agree not to use any automated system, including without limitation, “robots,” “spiders,” & “offline readers,” that access the Website in a manner that sends more request messages to the Paranormal Existence servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
As a condition of your use of the Paranormal Existence Web Site, you warrant to Paranormal Existence that you will not use the Paranormal Existence Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Paranormal Existence Web Site in any manner which could damage, disable, overburden, or impair the Paranormal Existence Web Site or interfere with any other party’s use and enjoyment of the Paranormal Existence Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Paranormal Existence Web Sites.
LINKS TO THIRD PARTY SITES
The Paranormal Existence Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Paranormal Existence or Visual Magic and Paranormal Existence and Visual Magic are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Paranormal Existence and Visual Magic are not responsible for webcasting or any other form of transmission received from any Linked Site. Paranormal Existence is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Paranormal Existence and Visual Magic of the site or any association with its operators.
USE OF COMMUNICATION SERVICES
The Paranormal Existence Web Site may contain bulletin board services, blogs, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Paranormal Existence has no obligation to monitor the Communication Services. However, Paranormal Existence reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Paranormal Existence reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
The Website facilitates the submission of Photos, Audio, videos or other Content by you and publishing of such User Submissions. You understand that whether or not such User Submissions are published, Paranormal Existence does not guarantee any confidentiality with respect to any User Submissions. Paranormal Existence has complete discretion whether to accept or reject your User Submission.
You agree that you will not: (i) submit material that is copyrighted (ii) publish falsehoods or misrepresentations that could damage Paranormal Existence or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (iv) misidentify yourself in submitting the User Submission or misstate your true identity.
Paranormal Existence reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Paranormal Existence’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Paranormal Existence does not control or endorse the content, messages or information found in any Communication Service and, therefore, Paranormal Existence specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Paranormal Existence spokespersons, and their views do not necessarily reflect those of Paranormal Existence.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO Paranormal Existence OR POSTED AT ANY Paranormal Existence WEB SITE
Paranormal Existence does not claim ownership of the materials you provide to Paranormal Existence (including feedback and suggestions) or post, upload, input or submit to any Paranormal Existence Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Paranormal Existence, its affiliated companies and necessary sublicenses permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Paranormal Existence is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Paranormal Existence’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PARANORMAL EXISTENCE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. PARANORMAL EXISTENCE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT AND ASSUMES NO LIABILITY FOR ANY (I) MISTAKES OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT ON OR VIA THE WEBSITE. PARANORMAL EXISTENCE DOES NOT WARRANT, ENDORSE OR ASSUME RESPONSIBILITY FOR ANY CONTENT, OR PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR FEATURED IN ANY ADVERTISING.
Limitation of Liability
IN NO EVENT SHALL PARANORMAL EXISTENCE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) CONTENT, INCLUDING ANY MISTAKES OR INACCURACIES THEREIN, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT ON OR VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PARANORMAL EXISTENCE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT PARANORMAL EXISTENCE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE PARANORMAL EXISTENCE WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PARANORMAL EXISTENCE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PARANORMAL EXISTENCE WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE PARANORMAL EXISTENCE WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
PARANORMAL EXISTENCE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE PARANORMAL EXISTENCE WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. PARANORMAL EXISTENCE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PARANORMAL EXISTENCE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE PARANORMAL EXISTENCE WEB SITE, WITH THE DELAY OR INABILITY TO USE THE PARANORMAL EXISTENCE WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE PARANORMAL EXISTENCE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE PARANORMAL EXISTENCE WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PARANORMAL EXISTENCE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PARANORMAL EXISTENCE WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PARANORMAL EXISTENCE WEB SITE.
TERMINATION/ACCESS RESTRICTION
Paranormal Existence reserves the right, in its sole discretion, to terminate your access to the Paranormal Existence Web Site and the related services or any portion thereof at any time, without notice. General to the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Broward County, Florida, U.S.A. in all disputes arising out of or relating to the use of the Paranormal Existence Web Site. Use of the Paranormal Existence Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Paranormal Existence as a result of this agreement or use of the Paranormal Existence Web Site. Paranormal Existence’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Paranormal Existence’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Paranormal Existence Web Site or information provided to or gathered by Paranormal Existence with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Paranormal Existence with respect to the Paranormal Existence Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Paranormal Existence with respect to the Paranormal Existence Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
Copyright and Content Policy
Paranormal Existence respects the intellectual property rights of others, and requests you to do the same. Paranormal Existence does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Paranormal Existence will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. Paranormal Existence reserves the right to remove Content without prior notice. Paranormal Existence will also terminate a User’s access to the Website, if they are determined to be a repeat infringer.
COPYRIGHT AND TRADEMARK NOTICES
Paranormal Existence(R) is a registered trademark. Any use of this trademark without the prior written permission of Paranormal Existence owners is a violation of trademark law. All contents of the Paranormal Existence Web Site, books, videos, and podcast shows are the property of Paranormal Existence: 2014-2015 Paranormal Existence and/or its suppliers. All rights reserved.
Ability to Accept Terms & Conditions
You affirm that you are either more than 18 years of age or possess legal parental or guardian consent to enter into these Terms & Conditions, and to comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website unless you have talked to your parents and have permission to view such content as provided in our website.