Terms of Service
Terms
This Terms of Use Agreement (“Agreement”) sets forth the legally binding terms for your use of the Services. By using the Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Website) or you are a “Member” (which means that you have registered with Spiritual-Archaeologist.com). The term “User” refers to a Visitor or a Member. You are only authorized to use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement.
The Spiritual Archaeologist may modify this Agreement from time to time and such modification shall be effective upon posting by Spiritual-Archaeologist.com on the Website. You agree to be bound to any changes to this Agreement when you use the Services after any such modification is posted.
Your Spiritual-Archaeologist.com profile may not include any videos or photographs which violate our policies. We assume no responsibility or liability for violation of our policies by members and encourage our members to email The Spiritual Archaeologist regarding any abuse.
The Spiritual Archaeologist reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability.
Eligibility
You must be seventeen years of age or older to register as a member of The Spiritual Archaeologist. By using the Service or the Web site, you represent and warrant that you agree to and to abide by all of the terms and conditions of this Agreement. The Spiritual Archaeologist may terminate your Membership and/or prohibit you from using or accessing the Service or the Web site for any reason, at any time. Membership in the Service is void where prohibited.
Member Privacy
We never reveal your name (other than your display name that you enter), address, phone number, email address or any other personal information about you to anyone at any time. The only information others will know about is what you choose to display, so please choose wisely. All contact between members is through our internal messaging system so than others cannot see your email address.
Member Conduct
You understand that the Service and the Web site are available for your personal or commercial use. You represent, warrant and agree that no materials of any kind submitted through your account will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You further agree not to harvest or collect email addresses or other contact information of Members from the Service or the Web site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Service or the Web site or for any other purpose. You further agree that you may not use the Service or the Web site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Web site. In addition, you agree not to use the Service or the Web site to:
- upload, post, email, transmit or otherwise make available any content that we deem to be harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- intimidate or harass another;
- use or attempt to use another member’s account, service or system without authorization from the Company, or create a false identity on the Service or the Web site.
Proprietary Rights within The Spiritual Archaeologist Owned Content
All content on the Web site, including but not limited to design, text, graphics, other files, and their selection and arrangement (the “Content”), are the proprietary property of the Company or its licensors. All rights reserved. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company’s prior written permission. You may download or print a copy of any portion of the Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not republish Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation. Any other use of the Content is strictly prohibited.
All trademarks, logos, trade dress and service marks on the Web site are either trademarks or registered trademarks of the Company or its licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
Posted Content
- All Visionary, Sponsor and Voter members have permission to re-post their content (videos, photos and text) to Social Media Platforms and create links back to their profile on The Spiritual Archaeologist for the purposes of drawing attention to their profile and obtain votes.
- It is allowed that others may share your profile, videos and/or text on their own social media platforms in order to arouse interest in your Spiritual Archaeologist website profile.
- The Spiritual Archaeologist may delete any Content that in the sole judgment of The Spiritual Archaeologist violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. The Spiritual Archaeologist assumes no responsibility for monitoring the Services for inappropriate Content or conduct. If at any time The Spiritual Archaeologist chooses, in its sole discretion, to monitor the Services, The Spiritual Archaeologist nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
- You are solely responsible for the Content that you post on or through any of the Services, and any material or information that you transmit to other Members and for your interactions with other Users. The Spiritual Archaeologist does not endorse and has no control over the Content. Content is not necessarily reviewed by The Spiritual Archaeologist prior to posting and does not necessarily reflect the opinions or policies of The Spiritual Archaeologist. The Spiritual Archaeologist makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
Copyright
We respect the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Web site, please contact us at The Spiritual Archaeologist and provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Web site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Links to other websites
The Web site contains links to other web sites. We are not responsible for the content, accuracy or opinions express in other web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on or through the Web site or the Service does not imply approval or endorsement of the linked web site by us. If you decide to leave the Web site and access these third-party sites, you do so at your own risk.
Member Disputes
You are solely responsible for your interactions with other Spiritual Archaeologist Members. The Spiritual Archaeologist reserves the right, but has no obligation, to monitor disputes between you and other Members.
Disclaimers
The Company is not responsible for any incorrect or inaccurate Content posted on the Web site or in connection with the Service, whether posted or caused by users of the Web site, Members or by any of the equipment or programming associated with or utilized in the Web site or the Service. The Company is not responsible for the conduct, whether online or offline, of any user of the Web site or Member of the Service. The Web site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. The Spiritual Archaeologist assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will the Company be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Web site or the Service, any Content posted on or through the Web site or the Service or transmitted to Members, or any interactions between users of the Web site or Members, whether online or offline. THE WEB SITE, THE SERVICE AND THE CONTENT ARE PROVIDED “AS-IS” AND THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEB SITE AND/OR THE SERVICE.
Limitation on Liability
IN NO EVENT SHALL THE SPIRITUAL ARCHAEOLOGIST BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF THE SPIRITUAL ARCHAEOLOGIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE SPIRITUAL ARCHAEOLOGIST’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE SPIRITUAL ARCHAEOLOGIST FOR THE SERVICES DURING THE TERM OF MEMBERSHIP.
Disputes with The Spiritual Archaeologist
If there is any dispute about or involving our Services, you agree that the dispute shall be governed by the laws of the State in which The Spiritual Archaeologist chooses without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of said State. Either The Spiritual Archaeologist or you may demand that any dispute between The Spiritual Archaeologist and you arising out of this Agreement must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in said state.
Indemnity
You agree to indemnify and hold The Spiritual Archaeologist, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, or demand, including reasonable attorney’s fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of your use of the Service or the Web site in violation of this Agreement or your violation of any law or the rights of a third party.
Other
This Agreement is accepted upon your use of the Website or any of the Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and The Spiritual Archaeologist regarding the use of the Services. The failure of The Spiritual Archaeologist to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The Spiritual Archaeologist is a trademark of The Spiritual Archaeologist. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed The Spiritual Archaeologist from this Agreement and does not affect the validity and enforce-ability of any remaining provisions.