CelebrityWizard.com
SERVICE AGREEMENT / TERMS OF USE
1. Definitions.
"CelebrityWizard.com" is the interactive on-line service operated by CelebrityWizard.com
Ltd. ("CelebrityWizard.com") on the World Wide Web of the Internet, consisting
of information services and content provided by CelebrityWizard.com, affiliates
of CelebrityWizard.com and other third parties. "Subscriber" means each
person who establishes or accesses a connection("Account") for access
to and use of CelebrityWizard.com.
2. General.
(A) This Agreement, which incorporates by reference
other provisions applicable to use of CelebrityWizard.com, including,
but not limited to, supplemental terms and conditions set forth in paragraph
14 hereof ("Supplemental Terms") governing the use of certain specific
material contained in CelebrityWizard.com, sets forth the terms and
conditions that apply to use of CelebrityWizard.com by Subscriber. By
using CelebrityWizard.com (other than to read this Agreement for the
first time), Subscriber agrees to comply with all of the terms and conditions
hereof. The right to use CelebrityWizard.com is personal to Subscriber
and is not transferable to any other person or entity. Subscriber is
responsible for all use of Subscriber's Account (under any screen name
or password) and for ensuring that all use of Subscriber's Account complies
fully with the provisions of this Agreement. Subscriber shall be responsible
for protecting the confidentiality of Subscriber's password(s), if any.
(B) CelebrityWizard.com shall have the right at any
time to change or discontinue any aspect or feature of CelebrityWizard.com,
including, but not limited to, content, hours of availability, and equipment
needed for access or use.
3. Changed Terms.
CelebrityWizard.com shall have the right at any time to change or modify
the terms and conditions applicable to Subscriber's use of CelebrityWizard.com,
or any part thereof, or to impose new conditions, including, but not limited
to, adding fees and charges for use. Such changes, modifications, additions
or deletions shall be effective immediately upon notice thereof, which
may be given by means including, but not limited to, posting on CelebrityWizard.com,
or by electronic or conventional mail, or by any other means by which
Subscriber obtains notice thereof. Any use of CelebrityWizard.com by Subscriber
after such notice shall be deemed to constitute acceptance by Subscriber
of such changes, modifications or additions.
4. Equipment.
Subscriber shall be responsible for obtaining and maintaining all telephone,
computer hardware and other equipment needed for access to and use of
CelebrityWizard.com and all charges related thereto.
5. Subscriber Conduct.
(A) Subscriber shall use CelebrityWizard.com for lawful
purposes only. Subscriber shall not post or transmit through CelebrityWizard.com
any material which violates or infringes in any way upon the rights
of others, which is unlawful, threatening, abusive, defamatory, invasive
of privacy or publicity rights, vulgar, obscene, profane or otherwise
objectionable, which encourages conduct that would constitute a criminal
offense, give rise to civil liability or otherwise violate any law,
or which, without CelebrityWizard.com's express prior approval, contains
advertising or any solicitation with respect to products or services.
Any conduct by a Subscriber that in CelebrityWizard.com's discretion
restricts or inhibits any other Subscriber from using or enjoying CelebrityWizard.com
will not be permitted. Subscriber shall not use CelebrityWizard.com
to advertise or perform any commercial solicitation, including, but
not limited to, the solicitation of users to become subscribers of other
on-line information services competitive with CelebrityWizard.com.
(B) CelebrityWizard.com contains copyrighted material,
trademarks and other proprietary information, including, but not limited
to, text, software, photos, video, graphics, music and sound, and the
entire contents of CelebrityWizard.com are copyrighted as a collective
work under the Canadian and United States copyright laws. CelebrityWizard.com
owns a copyright in the selection, coordination, arrangement and enhancement
of such content, as well as in the content original to it. Subscriber
may not modify, publish, transmit, participate in the transfer or sale,
create derivative works, or in any way exploit, any of the content,
in whole or in part. Subscriber may download copyrighted material for
Subscriber's personal use only. Except as otherwise expressly permitted
under copyright law, no copying, redistribution, retransmission, publication
or commercial exploitation of downloaded material will be permitted
without the express permission of CelebrityWizard.com and the copyright
owner. In the event of any permitted copying, redistribution or publication
of copyrighted material, no changes in or deletion of author attribution,
trademark legend or copyright notice shall be made. Subscriber acknowledges
that it does not acquire any ownership rights by downloading copyrighted
material.
(C) Subscriber shall not upload, post or otherwise
make available on CelebrityWizard.com any material protected by copyright,
trademark or other proprietary right without the express permission
of the owner of the copyright, trademark or other proprietary right
and the burden of determining that any material is not protected by
copyright rests with Subscriber. Subscriber shall be solely liable for
any damage resulting from any infringement of copyrights, proprietary
rights, or any other harm resulting from such a submission. By submitting
material to any public area of CelebrityWizard.com, Subscriber automatically
grants, or warrants that the owner of such material has expressly granted
CelebrityWizard.com the royalty-free, perpetual, irrevocable, non-exclusive
right and license to use, reproduce, modify, adapt, publish, translate
and distribute such material (in whole or in part) worldwide and/or
to incorporate it in other works in any form, media or technology now
known or hereafter developed for the full term of any copyright that
may exist in such material. Subscriber also permits any other Subscriber
to access, view, store or reproduce the material for that Subscriber's
personal use. Subscriber hereby grants CelebrityWizard.com the right
to edit, copy, publish and distribute any material made available on
CelebrityWizard.com by Subscriber.
(D) The foregoing provisions of Section 5 are for the
benefit of CelebrityWizard.com, its subsidiaries, affiliates and its
third party content providers and licensors and each shall have the
right to assert and enforce such provisions directly or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability.
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF CelebrityWizard.com
IS AT SUBSCRIBER'S SOLE RISK. NEITHER CelebrityWizard.com, ITS AFFILIATES
NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS
OR LICENSORS WARRANT THAT CelebrityWizard.com WILL BE UNINTERRUPTED
OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT
MAY BE OBTAINED FROM USE OF CelebrityWizard.com, OR AS TO THE ACCURACY,
RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED
THROUGH CelebrityWizard.com.
(B) CelebrityWizard.com IS PROVIDED ON AN "AS IS" BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH
ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION
UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES
OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS
TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT,
TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER
SPECIFICALLY ACKNOWLEDGES THAT CelebrityWizard.com IS NOT LIABLE FOR
THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR
THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY
WITH SUBSCRIBER.
(D) IN NO EVENT WILL CelebrityWizard.com, OR ANY PERSON
OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING CelebrityWizard.com
OR THE CelebrityWizard.com SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING,
WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE CelebrityWizard.com.
SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL
APPLY TO ALL CONTENT ON CelebrityWizard.com.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER,
CelebrityWizard.com, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT
PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY
ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS
OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN CelebrityWizard.com,
OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE
USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY.
NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS
OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS,
PUNITIVE OR CONSEQUENTIAL DAMAGES. PRIOR TO THE EXECUTION OF
A STOCK TRADE, SUBSCRIBERS ARE ADVISED TO CONSULT WITH YOUR BROKER OR
OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION.
CelebrityWizard.com, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT
PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE
INFORMATION PROVIDED. NEITHER, CelebrityWizard.com, NOR ITS
AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE
THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION.
ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM
THE USE OF THE INFORMATION.
(F) FORCE MAJEURE -- NEITHER PARTY WILL BE RESPONSIBLE
FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND
ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD,
WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS,
ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE
FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK
FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS
OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY
ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN
(15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THS AGREEMENT SHALL
THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED
PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
7. Monitoring.
CelebrityWizard.com shall have the right, but not the obligation, to monitor
the content of CelebrityWizard.com, including chat rooms and forums, to
determine compliance with this Agreement and any operating rules established
by CelebrityWizard.com and to satisfy any law, regulation or authorized
government request. CelebrityWizard.com shall have the right in its sole
discretion to edit, refuse to post or remove any material submitted to
or posted on CelebrityWizard.com. Without limiting the foregoing, CelebrityWizard.com
shall have the right to remove any material that CelebrityWizard.com,
in its sole discretion, finds to be in violation of the provisions hereof
or otherwise objectionable.
8. Indemnification.
Subscriber agrees to defend, indemnify and hold harmless CelebrityWizard.com,
its affiliates and their respective directors, officers, employees and
agents from and against all claims and expenses, including attorneys'
fees, arising out of the use of CelebrityWizard.com by Subscriber or Subscriber's
Account.
9. Termination.
Either CelebrityWizard.com or Subscriber may terminate this Agreement
at any time. Without limiting the foregoing, CelebrityWizard.com shall
have the right to immediately terminate Subscriber's Account in the event
of any conduct by Subscriber which CelebrityWizard.com, in its sole discretion,
considers to be unacceptable, or in the event of any breach by Subscriber
of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8,
10 and this Section 9 shall survive termination of this Agreement.
10. Trademarks.
CelebrityWizard.com its logos are trademarks of CelebrityWizard.com Ltd.
All rights reserved. All other trademarks appearing on CelebrityWizard.com
are the property of their respective owners.
11. Third Party Content.
CelebrityWizard.com is a distributor (and not a publisher) of content
supplied by third parties and Subscribers. Accordingly, CelebrityWizard.com
has no more editorial control over such content than does a public library,
bookstore, or newsstand. Any opinions, advice, statements, services, offers,
or other information or content expressed or made available by third parties,
including information providers, Subscribers or any other user of CelebrityWizard.com,
are those of the respective author(s) or distributor(s) and not of CelebrityWizard.com.
Neither CelebrityWizard.com nor any third-party provider of information
guarantees the accuracy, completeness, or usefulness of any content, nor
its merchantability or fitness for any particular purpose. (Refer to Section
6 above for the complete provisions governing limitation of liabilities
and disclaimers of warranty.)
In many instances, the content available through CelebrityWizard.com
represents the opinions and judgments of the respective information provider,
Subscriber, or other user not under contract with CelebrityWizard.com.
CelebrityWizard.com neither endorses nor is responsible for the accuracy
or reliability of any opinion, advice or statement made on CelebrityWizard.com
by anyone other than authorized CelebrityWizard.com employee spokespersons
while acting in their official capacities. Under no circumstances will
CelebrityWizard.com be liable for any loss or damage caused by a Subscriber's
reliance on information obtained through CelebrityWizard.com. It is the
responsibility of Subscriber to evaluate the accuracy, completeness or
usefulness of any information, opinion, advice or other content available
through CelebrityWizard.com. Please seek the advice of professionals,
as appropriate, regarding the evaluation of any specific information,
opinion, advice or other content.
12. Miscellaneous.
This Agreement and any operating rules for CelebrityWizard.com established
by CelebrityWizard.com constitute the entire agreement of the parties
with respect to the subject matter hereof, and supersede all previous
written or oral agreements between the parties with respect to such subject
matter. This Agreement shall be construed in accordance with the laws
of the Province of Quebec, without regard to its conflict of laws rules.
No waiver by either party of any breach or default hereunder shall be
deemed to be a waiver of any preceding or subsequent breach or default.
The section headings used herein are for convenience only and shall not
be given any legal import.
13. Copyrights and Copyright Agent.
CelebrityWizard.com respects the rights of all copyright
holders and in this regard, CelebrityWizard.com has adopted and implemented
a policy that provides for the termination in appropriate circumstances
of subscribers and account holders who infringe the rights of copyright
holders. If you believe that your work has been copied in a way that constitutes
copyright infringement, please provide CelebrityWizard.com's Copyright
Agent the following information required by the Online Copyright Infringement
Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C.
¤ 512:
1. A physical or electronic signature of a person
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed;
2. Identification of the copyright work claimed to have been infringed,
or, if multiple copyrighted works at a single online site are covered
by a single notification, a representative list of such works at that
site;
3. Identification of the material that is claimed to be infringing or
to be the subject of infringing activity and that is to be removed or
access to which is to be disabled, and information reasonably sufficient
to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining
party;
5. A statement that the complaining party has a good-faith belief that
use of the material in the manner complained of is not authorized by the
copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and
under penalty of perjury, that the complaining party is authorized to
act on behalf of the owner of an exclusive right that is allegedly infringed.
For any questions or requests regarding copyright and
related issues, please contact: CelebrityWizard@Yahoo.com
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