This is a legal document. Please read it carefully. Any
use by you of this web site or of any service offered via this web site or any
product offered via this web site constitutes your agreement to be bound by each
of the terms and conditions in this User Agreement.
Please read the following terms and conditions carefully,
as they form the agreement between you and AstroCrystal. If you do not agree to
these terms and conditions, you may not use the Service. By using the Service
after January 1, 2005 you are agreeing to be bound by this Agreement, including
all amendments made to date.
This Agreement constitutes your agreement with AstroCrystal and any mobile Service such as live psychic provided through which you access the Service
(collectively "AstroCrystal",) with respect to your use of the Service. You must
agree to abide by all of the terms and conditions contained in this Agreement in
order to become or remain an authorized user of the Service. As used in this
Agreement, "we" and "us" mean AstroCrystal or any successor or assign of AstroCrystal.
Right to Use
Your right to use the Service is subject to any
limitations, conditions and restrictions established by us from time to time, in
our sole discretion. We may alter, suspend or discontinue any aspect of the
Service at any time, including the availability of any Service feature, database
or content. We may also impose limits on certain features and aspects of the
Service or restrict your access to parts or all of the Service without notice or
You represent, warrant and covenant that you are at least
18 years old.
Code of Conduct
You agree to use the Service in accordance with the
following Code of Conduct:
a. You will keep all information provided to you through
the Service as private and confidential and will not give such information to
anyone without the permission of the person who provided it to you;
b. You will not use the Service to engage in any form of
harassment or offensive behavior, including but not limited to the posting of
communications, pictures or recordings which contain libelous, slanderous,
abusive or defamatory statements, or racist, pornographic, obscene, sexually
explicit, defamatory, threatening, degrading, in breach of confidence or
offensive language or images;
c. You will not use the Service to infringe the privacy
rights, property rights, or any other rights of any person
d. You will not post messages, pictures or recordings or
use the Service in any way which violates, plagiarizes or infringes upon the
rights of any third party, including but not limited to any copyright or privacy
or other personal or proprietary rights, or is fraudulent or otherwise unlawful
or violates any law;
e. You will not use the Service to promote any solicitation
for funds, advertising or solicitation for goods or Service; and
f. You agree to follow all rules and guidelines for this
site, listed here, and incorporated by reference as if fully set forth herein.
The rules and guidelines are constantly updated so please review them often. You
are charged with the duty of being aware of all changes made with the rules and
regulations and to read them each and every time you come to this site.
g. you will not access or attempt to access parts of the
Service that you are not authorized to access or intercept, collect or
store other members' usernames, passwords or personal data.
h. you will not avoid authentication processes or security
of the Service or interfere with the use of the Service by other members.
i. you will not use the Service to gain unauthorized access
to other computer systems or interfere with Service to other host providers,
networks or websites.
j. you will not reverse engineer or decompile (whether
whole or in part) any software used in the Service.
k. you will not use the Service to knowingly or recklessly
transmit material (including viruses) or otherwise use the Service so as to
cause harm to the Service or other users or bring the Service into disrepute.
You agree to abide by additional terms and conditions of
use, if any, which may be associated with each service that may be provided by
third party companies.
Fees and Payments
Fees and payments are as between you and your mobile
service provider and are subject to the terms and conditions you agreed to with
your mobile service provider.
You agree to pay or have paid all fees and charges incurred
in connection with your use of the Service (including any applicable taxes) at
the rates in effect when the charges were incurred. All fees and charges are
non-refundable. We may change the fees and charges in effect for using the
Service, or add new fees or charges, by posting new fees and changes on the site
from time to time. You also are responsible for any fees or charges incurred to
access the Service, including but not limited to telephone charges, long
distance charges or mobile phone charges. YOU, AND NOT WE, ARE RESPONSIBLE FOR
PAYING ANY AMOUNTS BILLED TO YOUR WIRELESS IN THIRD PARTY, WHICH WERE NOT
AUTHORIZED BY YOU.
Privacy and Use of Information
By using the Service you have also agreed to our Privacy
Statement. You acknowledge that (a) we cannot ensure the security or privacy of
information or documents you provide through the mobile phone system, and you
release us from any and all liability in connection with the use of such
information by other parties; (b) we are not responsible for, and cannot
control, the use by others of any information which you provide to them and you
should use caution in selecting the personal information you provide to others
through the Service; and (c) we cannot assume any responsibility for the content
of messages sent by other users of the Service, and you release us from any and
all liability in connection with the contents of any communications you may
receive from other users. We cannot guarantee, and assume no responsibility for
verifying, the accuracy of the information provided by other users of the
You may not use the Service for any unlawful purpose. We
may refuse content that impersonates someone else, is protected by proprietary
law, or is vulgar or otherwise offensive, as determined by us in our sole
Monitoring of Information
We reserve the right to monitor all advertisements, public
postings and messages to ensure that they conform to the content guidelines that
may be applicable from time to time.
Removal of Information
While we do not and cannot review every message sent by
users of the Service, and are not responsible for any content of these messages,
we reserve the right, but are not obligated, to delete or move content including
without limitation profiles, public postings and messages, that we, in our sole
discretion, deem to violate the Code of Conduct set out above or any applicable
content guidelines, or to be otherwise unacceptable. You shall remain solely
responsible for the content of profiles, public postings and messages you may
record to the Service or send to the users of the Service.
Termination of Access to Service
We may, in our sole discretion, terminate or suspend your
access to all or part of the Service at any time, with or without notice, for
any reason, including, without limitation, breach of this Agreement. Without
limiting the generality of the foregoing, any fraudulent, abusive, or otherwise
illegal activity, or that may otherwise affect the enjoyment of the Service or
the Internet by others may be grounds for termination of your access to all or
part of the Service at our sole discretion, and you may be referred to
appropriate law enforcement agencies.
The Service contains information that is proprietary to us
our partners, and our users. We and our partners assert full copyright
protection in the Service. Information posted by us, our partners or users of
the Service may be protected whether or not it is identified as proprietary to
us or to them. You agree not to modify, copy or distribute any such information
in any manner whatsoever without having first received the express permission of
the owner of such information.
All third party companies, their names, trademarks,
copyrights, logos, and other intellectual and proprietary property, are owned
solely by the respective third party company and their use in conjunction with
any AstroCrystal site or service does not constitute endorsement of that third
You acknowledge that we are not responsible for suspension
of the Service, regardless of the cause of the interruption or suspension. Any
claim against us shall be limited to the amount you paid, if any, for use of the
Service during the previous 1 month. We may discontinue or change the Service or
its availability to you at any time for any reason without liability to you, and
you may stop using the Service at any time.
You agree that AstroCrystal is not liable or responsible for
the nature of the content on this website, and that AstroCrystal will not be held
liable if you as a user interpret the product, service or content as being
libelous, defamatory, slanderous, obscene, pornographic, indecent, lewd,
harassing, threatening, harmful, invasive of privacy or public rights, abusive,
inflammatory or otherwise harmful or offensive to you or other third parties.
Your account is private and should not be used by anyone
else. You are responsible for all usage or activity on the Service.
You agree to indemnify us, our officers, directors,
employees and agents, from any loss or damages, including without limitation
reasonable legal fees, which we may suffer from your activities on or use of the
Service, including without limitation any breach by you of this Agreement or any
charges or complaints made by other parties against you. You shall cooperate as
fully as reasonably required in the defense of any claim. We reserve the right
to assume the exclusive defense and control of any matter otherwise subject to
indemnification by you; provided, however, that you shall remain liable for any
The use of the Service is distributed on an "as is" basis.
We do not warrant that the Service will be uninterrupted or error-free. There
may be delays, omissions, and interruptions in the availability of the Service.
Where permitted by law, you acknowledge that the Service is provided without any
warranties of any kind whatsoever either express or implied, including but not
limited to the implied warranties of merchantability and fitness for a
particular purpose. You acknowledge that use of the Service is at your own risk.
We do not represent or endorse the accuracy or reliability of any profile,
advice, opinion, statement or other information recorded or distributed through
the Service by AstroCrystal, our partners or any user of the Service or any other
person or entity. You acknowledge that any reliance upon any such opinion,
member profile, advice, statement or information shall be at your sole risk.
Your continued use of the Service now, or following the
posting of notice of any changes in this Agreement, will constitute a binding
acceptance by you of this Agreement, or any subsequent modifications.
We may modify this Agreement from time to time.
Notification of changes in this Agreement will be posted on the Service as we
may determine in our sole discretion. If you do not agree to any modifications,
you should terminate your use of the Service. Your continued use of the Service
now, or following the posting of notice of any changes in this Agreement, will
constitute a binding acceptance by you of this Agreement, or any subsequent
Third Party Websites
The Website may include links to third party websites, to
include related products and services that may be controlled and maintained by
others. Any link to or use of third party services does not constitute an
endorsement of that third party and you acknowledge and agree that AstroCrystal is
not responsible for the content, conduct, availability, or reliability of their
site, products or services, disclosure and other communication.
Disclosure and Other Communication
We reserve the right to send you messages through the
Service, for the purpose of informing you of issues, changes or additions to the
Service, or of any AstroCrystal related products and Service. We reserve the right
to disclose information about your usage of the Service and demographics in
forms that do not reveal your personal identity.
And by your use of the Service, you consent to such
disclosures and communications subject to the terms of our Privacy Statement.
This Agreement is entered into in California, USA. You
agree that it will be governed by the laws in the State of California and any
disputes arising out of this Agreement will be subject to the courts of the
County of San Diego, State of California. If any provision in this Agreement is
invalid or unenforceable under applicable law, the remaining provisions will
continue in full force and effect. This Agreement will not be governed by the
United Nations Convention on Contracts for the International Sale of Goods.
You do not have the right to assign this Agreement or any
of your rights to the Service to anyone. AstroCrystal has the right to assign any or
all of its rights and duties under this Agreement or to the Service to any third
party. At the election of AstroCrystal, if AstroCrystal's obligations hereunder are
assumed by a third party, AstroCrystal shall be relieved of any and all liability
under this Agreement.