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Disclosure Policy
PSYCHIC MAMA*INDIGO CHILD'S BLOG TERMS OF USE
PLEASE READ VERY CAREFULLY THESE TERMS OF USE BEFORE READING, COMMENTING ON, DOWNLOADING, COPYING, REPRODUCING, ALTERING MATERIALS OF ANY KIND, SUBSCRIBING TO, AND LINKING TO (COLLECTIVELY “USING”) THIS BLOG. USING THIS BLOG INDICATES THAT YOU ACCEPT THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, PLEASE DO NOT USE THIS BLOG.
Introduction. This agreement (”Agreement“) between You and Psychic Mama... (”the Author“) consists of these Psychic Mama's... Blog (the “the Blog“) Terms of Use (”Terms“). “You“, “Reader” or “Commenter” means any entity identified by its comments, e-mail, registration information or IP address. If You use this Blog on behalf of your employer, organization or company, they shall also be bound by the terms of this Agreement.
Privacy. When You leave a comment, the Author is automatically notified and receives IP, WHOIS, and e-mail information pertaining to the Commenter. This information is not stored by the Author for other purposes than to moderate comments. This information is not being sold or used for other purposes. If you have concerns with the way this information is used, please contact the Author directly to arrange for complete removal of this information. Removal of all personal information will result in the removal of any content the Commenter might have contributed to this Blog, including comments. This Blog is hosted in the USA. Be aware that laws regarding personal information and privacy may differ from Your location.
Blog content. All the contents of the Blog, EXCEPT FOR COMMENTS, constitute the opinion of the Authors, and the Authors alone; they do not represent the views and opinions of the Authors’ employers, supervisors, nor do they represent the view of organizations, businesses or institutions the Authors are a part of. The Authors are not medical professionals, and you should never substitute information from this Blog for information obtained from a licensed medical professional; always consult your doctor before using any prescription, drugs, supplements, or undergoing any treatments. This Blog is entirely written in English. The content of this Blog is not intended to cause harm, but if You have any concerns about the contents of this Blog, please contact the Authors (ladyhightower@live.com). Disagreeing with the content of the Blog does not constitute sufficient ground for You to ask the Authors to remove or modify any parts of this Blog. The Authors are not being paid to write content on this Blog or to manage and in any way operate this Blog.
Copyright policy. All the text, images and other content being part of this Blog is property of the Author, unless noted otherwise. All logos and trademarks are property of their respective owners. You are not allowed to reproduce, sell, and modify any part of this Blog. You are welcome to link to this blog, and to discuss its contents in a respectful manner. When You quote or link to this Blog, please include the Blog’s name in your link. You are not authorized to use this content for personal profit. UNAUTHORIZED COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, POSTING, TRANSMITTING OR DUPLICATING OF ANY OF THE MATERIAL IS PROHIBITED. Whenever copyrighted material is mentioned or use, the Authors are doing so according to fair dealing practices. Use of material from this Blog according to fair dealing practices requires proper acknowledgment. Simply linking back to the Blog is not considered proper acknowledgment; please provide a link including the Author’s name, the name of the page you are linking, and a permanent link (”Permalink“) to that page.
Comment policy. The Authors are not responsible for the content of any comments made by the Commenter(s). The Authors are also not responsible for knowing whether the content of Your comment is breaking the law in other countries or jurisdictions. This Blog is a venue for discussion; therefore, the Authors will not delete critical comments, or comments portraying a different opinion from the Authors’ own. However, the Authors reserve the right to edit, delete, or not publish a comment if this is deemed to be potentially illegal (this includes, but it is not limited to comments containing hateful, libelous, and defamatory content). All comments on this Blog have to be written in English. Please do not endanger Yourself or break the law when you comment. Comments intending to advertise and/or off-topic (”SPAM“) will be deleted. The Author also reserves the right to block Commenter(s) who have previously published offensive comments, illegal content, or SPAM.
Forbidden actions. You are not authorized to (i) use this Blog to advertise for products of any kind and for other Blogs, (ii) to infringe the Copyright policy and Comment policy of this Blog, (iii) to attack this Blog using malicious software and/or use this Blog for data mining (iv) to commit any illegal actions while using the Blog, or against this Blog, (v) to restrict access to this Blog, (vi) to impede the normal functioning of this Blog and (vii) to menace the Author with, or cause physical or financial harm to, the Authors of this Blog.
Changes to the Terms. The Authors reserve the right to change these Terms at any time. You will only be notified by the Blog through posts or syndicated content (RSS), NOT IN PERSON. It is Your responsibility to make sure that you agree with the new Terms, whenever changes have been announced. Changes to the Terms will be effective 48 hours after the notice has been posted on the Blog. If You do not agree with the Terms, DO NOT USE THIS BLOG.
No Guarantee. The Authors make no guarantee regarding the validity of the content of the Blog. In addition, the Authors do not guarantee that the Blog will be accessible at all times or during any down time (i) caused by outages to any public Internet backbones, networks or servers, (ii) caused by any failures of Your equipment, systems or local access services, (iii) for previously scheduled maintenance or (iv) relating to events beyond the Authors’ control such as strikes, riots, fires, floods, explosions, war, terrorism, governmental action, labor conditions, natural and/or man-made disasters, or interruptions in Internet services to an area where the Authors or Your servers are located. Although the Authors will try to moderate comments quickly, the Authors make no guarantee to the Commenter that its comments or trackbacks will be displayed promptly, without modifications, or that they will be displayed at all, as all comments will be published to the discretion of the Authors.
No Warranty or Condition; Links. The Authors makes NO WARRANTY OF ANY KIND. If you choose to access the Blog, you do so AT YOUR OWN RISK. To the extent links and external content are based on or displayed in connection with the Blog, THE AUTHOR SHALL NOT HAVE ANY LIABILITY IN CONNECTION WITH THE DISPLAY OF SUCH LINKS AND SEARCH RESULTS, whether this external content is breaking the law in this or other jurisdictions. YOU AGREE TO USE THE BLOG AT YOUR OWN RISK, and that You will not consider the Blog’s content to be a suitable substitute for professional advice.
Limitations of Liability. IN NO EVENT SHALL THE AUTHORS BE LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OR LOSSES, AND THE AUTHORS’ LIABILITY TO YOU UNDER THIS AGREEMENT FOR ANY CLAIM IS LIMITED TO THE GROSS MONTHLY AMOUNT PAID BY THE AUTHOR FOR HOSTING SERVICES DURING THE ONE MONTH PERIOD IMMEDIATELY FOLLOWING THE DATE OF THE CLAIM. Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated herein and that those limitations are an essential part of the Agreement. Without limiting the foregoing, the Author shall not have any liability for any failure or delay resulting from any condition beyond the reasonable control of the Author, including but not limited to governmental action, labor conditions, power failures, natural and/or man-made disasters. The Author is not liable for the content of any comments the Commenter might leave on this Blog (see Comment policy).
Obligation to Indemnify. You agree to indemnify, defend and hold the Author, its agents, and applicable third parties (collectively “Indemnified Person(s)“) harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees, brought against any Indemnified Person(s), arising out of, related to or which may arise from Your use of the Blog and/or Your breach of any term of this Agreement. In USA, this will include judicial and extra-judicial costs and fees; elsewhere in USA, legal fees on a solicitor and its own client basis.
Applicable Laws; Venue. The Authors operate the Blog from the USA, and make no representations that materials in the Blog are appropriate or available for use in other locations. Access to the Blog from any location where the content is illegal is prohibited. Any claim related to the use of the Blog or to the Blog materials shall be governed by the laws of the USA. Any action related to the access, use, content, or existence of this Blog shall be filed only in the appropriate court located within the USA. The use of this Blog constitutes Your express permission and consent to the jurisdiction of the provincial and/or federal courts of the USA for purposes of such actions.
Legal notices and Contact information. If You are intending to carry out legal action of any kind against the Blog or the Author, you are required to contact the Authors (ladyhightower@live.com) SEVEN BUSINESS DAYS before any legal claim is made. Please remember that the Author means to DO NO HARM to You or anyone else by writing this Blog. If You feel that your rights have been infringed, please contact the Author, and allow seven business days for the reply to be received. The Authors will do whatever possible to address Your concerns.
Third-Party Websites. Psychic Mama*Indigo Child may provide, third parties may provide and/or refer User to, links to other Internet websites and/or resources. Because Psychic Mama... has no control over such third party websites and/or resources, You hereby acknowledge and agree that Psychic Mama... is not responsible for the availability of such third party websites and/or resources. Furthermore, Psychic Mama... does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources, or for any damages and/or losses arising therefrom.
Reviews, Giveaways & Contests. The information on Psychic Mama... is provided by Psychic Mama... for entertainment or informational purposes only. The opinions expressed by editors, writers, sponsors, commenters, guest contributors, or any other content providers are their own and do not constitute medical, legal, financial or other advice. Information received via the Psychic Mama... should not be relied upon for personal, medical, legal or financial decisions, and You should consult an appropriate professional for specific advice tailored to his or her situation.
Psychic Mama... may from time to time offer a Contest or Giveaway (collectively referred to herein as a “Promotion”) through it’s site or twitter. A Contest is a Promotion in which the potential winner may be selected on the basis of some merit or skill specified in the announcement, while a Giveaway is a Promotion in which the potential winner may be selected randomly based solely on chance.
Any Promotion offered by Authors is subject to the following terms and conditions:
1. A Promotion may be announced via Authors’ Website or other means at Sponsor’s sole discretion (“Promotion Announcement”). The Promotion Announcement will include at least the following for that individual specific Promotion: (1) the start and end date; (2) any additional eligibility requirements; (3) method of entry; (4) description of how many, the nature and estimated value of each prize; and (5) how and when a potential winner(s) will be selected and notified.
2. Any Entrant who does not agree with these terms and conditions should not enter into a Promotion. Participation in a Promotion constitutes Entrant’s full and unconditional agreement to and acceptance of these Official Promotion Rules, including amendments and rules contained in a Promotion Announcement, and the decision of Authors, which are final and binding in all respects.
3. No purchase or fee is necessary to enter into any Promotion. A Purchase will not improve chances of winning. Odds of winning depend entirely on the number of eligible entries received.
4. Unless otherwise stated or posted in the Promotion Announcement, Entrant must be a resident with a shipping address (not a P.O. Box) in either the United States or Canada. Entrant must have reached the age of the majority in the state or providence of residence at time of entry and have online Internet access before the date of the Promotion Announcement.
A Promotion is subject to all applicable federal, state and local laws and regulations. The following Promotions are void: (1) any Promotion in the state of Arizona, (2) any Promotion in Quebec, Canada, (3) any Promotion in the state of Rhode Island when the estimated value of the Prize is greater than $500 USD, (4) any Promotion in the states of Florida or New York when the estimated value of the Prize is greater than $5000 USD, and (5) any Promotion in a jurisdictions where registration may be required. Promotion is void where prohibited by law.
5. Entrant is deemed to be the holder of the established email account associated with the entry. Only one entry per e-mail address or per household will be considered for Promotion entry, unless multiple entries are specifically allowed in the Promotion Announcement.
6. Entrants must send entries and additional materials, including photographs, (collectively “Materials”) as required in the Promotion Announcement in order to be eligible. Entries received after the deadline set forth in the Promotion Announcement are ineligible, null, and void. Authors will not be responsible for and will not consider incomplete or incorrect entries. Authors are not responsible for entries that are sent but not received by Authors or are unable to be processed for any reason.
7. Entrant agrees that Authors shall have no obligation to post, display, or otherwise make publicly available any Materials submitted. Authors reserve the right at its sole discretion to reject and disqualify any nude photograph or those photographs which are deemed in its sole discretion to be obscene, profane, offensive, lewd, pornographic or otherwise inappropriate. Pornographic images and any image that at any stage involved cruelty or violence to humans or animals/wildlife will not be permitted and will be disqualified.
8. Entrant agrees that Materials submitted may be made available by Authors for viewing, rating, reviewing, and commenting by the public. Entrant acknowledges that comments or ratings with which Entrant disagrees may be published or otherwise become associated with Materials submitted to Authors. By submitting Materials to Authors, Entrant waives any privacy expectations that he or she may have with respect to the Materials.
Selection
1. In a Giveaway Promotion in which the potential winner(s) is selected at random, Authors (or their designee) will conduct a random drawing from among all eligible entries contained in the Promotion entry pool.
2. In a Contest Promotion in which the potential winner(s) is selected based upon skill or accomplishments, Authors (or their designee) will choose the potential winner(s) based on the merits of each entry, in Authors’ sole and absolute discretion, according to the requirements of the Promotion Announcement.
3. By entering any Promotion, Entrant agrees to abide by the rules of the Promotion and to accept the decisions of Authors as final, binding and non-appealable.
Potential Winner Notification
1. The potential winner(s) of the Promotion will be announced on one or more of the Websites after the close of the voting or selection period. Potential winner(s) will also be notified via e-mail.
2. Authors (or their designee) will make every reasonable effort to notify and award the Prize to the potential winner(s) selected. However, unless otherwise stated in the Promotion Announcement, a potential winner may be required (in Sponsor’s sole and absolute discretion) to forfeit any and all rights to receive the Prize if one or more of the following occurs: (1) if Sponsor is unable to reach a potential winner within two (2) business days, (2) if a potential winner fails to respond to the notification within two (2) business days, (3) if a potential winner declines to accept the Prize, (4) if the notification or the Prize itself is returned as undeliverable, or (5) if the potential winner(s) does not satisfy all of the eligibility requirements. If a potential winner is required to forfeit rights to receive the Prize, Sponsor may elect (but shall not be required) to select an alternate potential winner in Authors’ sole and absolute discretion, and Authors shall be fully and completely released and discharged from any liability or responsibility in this regard.
3. Authors reserve the right to require the potential winner(s) to execute an Affidavit of Eligibility and/or a Publicity/Liability Release as sworn documents and to provide other proof of eligibility as a condition of receipt of the Prize.
Prize
1. Any difference between the actual value of the Prize and the estimated value included in the Promotion Announcement will not be awarded. If the specified prize becomes unavailable for any reason, Authors in their sole and absolute discretion may substitute a Prize of like or equal value. The winner(s) may not transfer prize rights nor request substitutions or cash redemptions. The actual Prize recipient acknowledges, agrees and understands that he or she shall bear sole responsibility for any incidental expenses not specified in the prize description and for the reporting and prompt and full payment of any and all applicable federal, state and local taxes that may be owed in connection with the receipt, possession or use of the Prize.
2. No more than the stated number of Prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Promotion Announcement to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
Publicity
Except where prohibited by law, by submitting an entry into a Promotion, Entrant agrees to allow Authors and their affiliates to use Entrant’s name, city and state or providence, voice and/or images in connection with publication of Entrant’s entry and for promotional purposes, without review, notification, approval, or compensation. Entrant hereby grants to Authors and their affiliates, subsidiaries, licensees and assigns, an irrevocable, perpetual and royalty-free right to use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish and otherwise make use of the submitted photo or other information in any and all media, whether now known or hereinafter created, throughout the world and for any purpose deemed reasonable by Sponsor. In addition to other things, the rights granted to Sponsor include but are not limited to the right to resize, crop, censor, compress, edit, feature, caption, affix logos to, and to otherwise alter or make use of the submitted photo.
Release and Limitations of Liability
1. Authors assume no responsibility for: (1) incorrect or inaccurate transcription of entry information or late, lost, stolen, illegible, incomplete, misdirected or postage-due entries or entries received through impermissible or illegitimate channels, all of which will be disqualified; (2) technical failures of any kind, including but not limited to the malfunctions, of any telephone, computer, network, hardware or software; (3) the unavailability or inaccessibility of any Websites or service; (4) unauthorized human intervention in any part of the entry process or the Promotion ; (5) electronic or human error which may occur in the administration of the Promotion or the processing of entries; (6) late, lost, undeliverable, damaged or stolen mail or e-mail; or (7) any injury or damage to persons or property, including but not limited to Entrant’s computer, which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Promotion, receipt or use or misuses of any prize, or from downloading any material from Authors’ Websites, regardless of whether the material was prepared by Authors or a third party, and regardless of whether the material is connected to Authors’ Websites by a hypertext link.
2. Authors reserve the right in their sole and absolute discretion to terminate any Promotion at any time without prior notice, including but not limited to if it becomes technically corrupted or because of unauthorized human intervention. Authors reserve the right in the event of such cancellation to award the Prize to an eligible, non-suspect entry received prior to cancellation.
3. By submitting the entry, Entrant agrees and hereby releases Authors and their parent companies, affiliates, subsidiaries, employees, agents, officers and directors from any and all liability or claims of any nature arising in connection with Entrant’s participation in the Promotion, including but not limited to Authors’ use of the Materials submitted to Author and used in any manner in Authors’ sole and absolute discretion, or as to any prize(s) which may be awarded. By entering and/or accepting a prize, Entrant releases and agrees to hold harmless Authors and their directors, officers, employees, representatives, agents, successors, or assigns from any and all liability for any injuries, loss or damage of any kind, including death, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a prize or any other claims arising out of or in connection with any Promotion offered by Authors.
3. Entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Promotion , or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal or state court in the state of Washington; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (3) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO ENTRANT. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Promotion Rules, or the rights and obligations of Entrant and Sponsor in connection with the Promotion shall be governed by, and construed in accordance with, the laws of the State of Washington, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Washington or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Washington.
4. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term, rule, or condition. Authors’ failure to enforce any term of these Official Rules for any reason shall not constitute a waiver of that provision.