Posted March 15, 2016
1. How The Websites Collects Information
A. Personal Data You Provide to the Websites
Personally Identifiable Information is any information that can be used to identify a specific individual such as your name, email address, home address, and telephone number. The Website asks you to provide Personally Identifiable Information in various places throughout its website. Some of these areas where the collection of such information takes place are listed below:
THE WEBSITES DOES NOT SELL, RENT OR EXCHANGE EMAIL ADDRESSES.
Email Newsletters. The Website offers an electronic newsletter. If you subscribe to this newsletter, you will be required to provide a valid email address as well as any other information that is relevant to the delivery of the newsletter.
Surveys and Polls. On occasion, the Website may offer online surveys and questionnaires that ask users for opinions on various issues and/or other information. Occasionally, we may request demographic information (e.g., zip code, age or gender) when you answer a survey. Such surveys are completely voluntary.
Sweepstakes and Contests. On occasion, the Website may offer a contest and will ask you for your email address and/or phone number (to notify you if you’ve won, or not). We also ask for first and last names and addresses in order to verify the entrant’s identity. In some situations, we may need additional information as part of the entry process, such as a prize selection choice.
Ecommerce Transactions. When you engage in an ecommerce transaction on the Websites website, you may be asked to provide credit card information and other Personally Identifiable Information in order to complete the transaction.
B. Information Gathered by The Websites and its Third Party Service Providers
When you visit the Websitesand use any of the services and tools offered on the website, the Website and third parties that the Website has contracted to provide services to its website may collect information about your actions. This type of information is generally collected from two sources: the server logs and cookies. Each time you log onto the Website, it automatically receives and records information on our server logs from your browser, including your IP address and the pages you request.
IP Address. Your IP address is a number that is assigned by your ISP (Internet Service Provider) to your computer to identify its location. Your IP address is stored in our user registration databases when you register for our newsletter or engage in an ecommerce transaction.
Cookies. Our site uses a feature of your browser to set a “cookie” on your computer. A cookie is a small amount of data, which often includes an anonymous and unique alphanumeric identifier that we transfer to your computer through your web browser, where it is then stored on your computer’s hard drive. You may modify your browser preference to provide you with choices relating to cookies. You may accept all cookies, reject all cookies, or opt to be notified when a cookie is sent. If you choose to reject cookies you may not be able to take full advantage of the services offered by the Website.
2. How The Website Uses Information it Collects
The Websites uses the information you provide for several purposes, such as to communicate with you and to give you a better experience when visiting The Websites by personalizing tools, content, services and email messages. The information collected by The Websites may also be used to create market surveys of the Websites audience comprised of anonymous statistical demographic information but no personally identifiable information. Such surveys would be used, among other things, to determine trends and needs, and also to supply market research to potential advertisers and partners to help them understand our audience, so that they can determine which of their products or services are most appropriate for our members.
3. Disclosure of Personally Identifiable Information to Third Parties
The Website does not rent, sell or otherwise share Personally Identifiable Information with unaffiliated third parties without your consent (please see the Opt-In/Opt-Out Policy below) except in the following instances: (i) disclosure is required by applicable law or pursuant to a court or similar order; (ii) as deemed necessary based upon a good faith belief in the Websites’ sole discretion that such disclosure is necessary to protect the legal rights or the property of our website, a member or third party, or to prevent personal injury; and/or (iii) in the event of a sale, merger, assignment, joint venture or other transfer or disposition of a portion or all of the assets or stock of The Websites or its affiliated entities (including, without limitation, in connection with any bankruptcy or similar proceedings).
4. The Websites Opt-in/Opt-out Policy
Upon registering for our newsletter, or from time-to-time, you may be asked to indicate whether you are interested in receiving information from us about special offers or news about our website. If you do choose to receive these communications by means of an opt-in, we will occasionally send you an email message that matches your request(s). We currently provide the following opt-out opportunities:
5. Third Party Advertising and Links to Other Sites
The Website does not have any access or control over the cookies or other features those third-party advertisers and websites may use and is not responsible for the information practices of these advertisers. Therefore if you disclose your information to them, different rules may apply and you will be subject to their respective privacy policies.
6. Guidelines Regarding Children/Minors
Personal information about children is a concern for all of us, and
The Websites does not encourage participation or visitation by children under the age of 13. You must be at least 18 years old to purchase services from the Website.
7. Public Forums/Blog/Chat Rooms/Message Boards
Throughout the Website, there are links to various public forums including, but not necessarily limited to, a blog, chat room, and a forum (message/discussion board).
Please remember that any information you disclose in these public areas becomes immediately accessible to others and can be read, collected, or used by other users of these blogs, chat rooms, message boards or other public forums, and this information could be used to send you unsolicited messages. Therefore, it is important for you to exercise discretion and appropriate caution when deciding to reveal personal information in these areas.
8. How We Protect and Secure Your Information
Although The Websites adheres to generally accepted industry standards to protect the personal information you provide to us, the fact of the matter is that to date, there is no method of transmission over the internet, or method of electronic storage, that is 100% secure. Therefore, although The Websitesmakes every reasonable effort to protect your information, it cannot guarantee absolute security.
9. Applicable Law
We control and operate the Websites website from the United States. The Website is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. Please note that we do not represent or warrant that the Websites website is appropriate for use in any particular jurisdiction. Those who choose to access the Website do so at their own risk and are responsible for complying with all local laws, rules and regulations.
11. Contact Information
TERMS AND CONDITIONS
Posted March 15, 2016
1. Acceptance of Terms and Conditions
These Terms and Conditions set forth the terms and conditions that apply to your use of debraclementastrologer.com (hereinafter referred to as “the Website”). From time to time, the Website may supplement these Terms and Conditions with Additional Terms (“Additional Terms”) pertaining to specific content, including, but not limited to, the uploading of photographs and videos, services, products, digital products, courses or events. Such Additional Terms may be placed on the website to be viewed in connection with the specific content, services, products, digital products, courses or events and shall be so identified.
YOU UNDERSTAND AND AGREE THAT ANY SUCH ADDITIONAL TERMS SHALL BE HEREBY INCORPORATED BY REFERENCE INTO THESE TERMS AND CONDITIONS, AND THAT BY VISITING THE WEBSITE YOU AGREE TO THESE TERMS AND CONDITIONS JUST AS IF YOU HAD SIGNED AN AGREEMENT WITH THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MUST DISCONTINUE YOUR USE OF THE WEBSITES.
The Website reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms and Conditions; and/or (ii) your registration(s) with or ability to access the Website and/or any other service, tool, specific content, digital products, products, courses or events provided to you by The Website, including any personal web site, upon any breach by you of these Terms and Conditions or otherwise.
4. Modifications of These Terms and Conditions
The Website may modify these Terms and Conditions from time to time in its sole discretion. Please be aware that each time you visit the Website, you will be deemed to have accepted any and all such changes, and we shall have no obligation to notify you of any such changes other then posting such modifications on the website, but we reserve the right (at the Website’s sole discretion) to provide you notice of such changes to any email address you have provided to the Website.
5. Modifications of The Website
The Websites may modify or discontinue its website, any portion thereof, or any services, tools, digital products, products, events or courses related thereto with or without notice to you and without liability to you or any third party, except as otherwise provided herein.
6. Use of The Website
A. Content of Messages
You alone are responsible for the content of your messages or any materials you transmit to others, and any consequences of such messages. Please give careful consideration to the information you choose to post on this website, including, but not limited to, The Website’s connected blog, chat room, or message board. You should not include your telephone number, street address or last name on any area that is accessible to the general public nor provide such personally identifying information to people you do not know. You hereby acknowledge and agree that The Websites assumes no responsibility or liability for any inaccurate, inappropriate, offensive or sexually explicit material or information, products or services that may be provided by other users of the Website and assumes no responsibility for the receipt, deletion or other failure regarding email messages.
You further agree that you will not use the Websites website as a vehicle to send emails or instant messages, post on message boards, blogs, profiles, comments or any place on or connected with the Websites any message or material of any kind or nature that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, racially offensive, inaccurate, or otherwise objectionable material or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. For purposes of the immediately preceding sentence, “masked” vulgarity, obscenity or profanity (e.g. “f*ck”) is deemed to be equivalent to including the actual objectionable word, phrase or symbol and The Websites reserves the right to delete any such material from its website. You also agree not to post or use the Websites Website to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
The Website reserves the right to review, edit or decline to post content on its website, including but not limited to, its Blog. Notwithstanding the foregoing, however, under no circumstances is the Website obligated to review content posted by users prior to the content’s posting to any area of its website or any public area connected to its website. Content posted by any user to the Website’s website, or to any public forum connected to it, does not reflect the opinions or views of the Website.
The Website makes no warranty, whether express or implied, as to the accuracy or veracity of any content or material that is posted on any the Website’s-related forum, including but not limited to blogs, chat rooms, and message boards. The Website will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms and Conditions contained herein this Paragraph 6.
B. Non-Commercial Use
The Website, its products, services, digital products, events, courses, and social website tools (as more fully described below) and any other element of the Website is only for the personal use of visitors and/or members and may not be used in connection with any commercial endeavors except those that are specifically endorsed or pre-approved by the Website in writing. Illegal and/or unauthorized use of the Website, or any portion thereof, including, but not limited to, collecting user names and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized linking to the Website’s website is expressly prohibited. Any such use shall be deemed to be a violation of these Terms and Conditions.
C. Guidelines Regarding Children/Minors
The Website does not encourage the use of this site by children less than 13 years of age. You must be 18 years of age or older to purchase services or merchandise from this site. If you are under 18 years of age, you may only purchase services or merchandise in conjunction with a parent or legal guardian. In such circumstances, it is the parent or legal guardian who is the actual purchaser and who is liable for any and all activities.
7. Claims of Copyright and Intellectual Property Policy
You acknowledge that (i) content on the Website is protected by copyrights, trademarks and other intellectual and proprietary rights (“Rights”); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms and Conditions and applicable copyright, trademark and other laws govern your use of such content. You may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material that infringes upon the copyright and intellectual property rights. You agree that unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of The Websites, including but not limited to all content, services, digital products, courses, events, tools or products is hereby expressly prohibited. The Websites’ Copyright and Intellectual Property Infringement Policy is incorporated herein by reference.
8. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE. INCLUDING, BUT NOT LIMITED TO ALL CONTENT, SERVICES, DIGITAL PRODUCTS, COURSES, EVENTS, TOOLS AND PRODUCTS PURCHASED THROUGH ITS WEBSITE, IS AT YOUR SOLE RISK. THE WEBSITES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND IT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE WEBSITES MAKES NO WARRANTY THAT IT WILL MEET YOUR REQUIREMENTS OR THAT ITS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE AND IT DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS YOU MAY OR MAY NOT OBTAIN FROM THE USE OF ITS WEBSITE. THE WEBSITE WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF ITS WEBSITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITES IS AT YOUR SOLE DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU FURTHER UNDERSTAND AND AGREE THAT THE WEBSITE DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PUROSE OF ANY INFORMATION PROVIDED IN CONNECTION WITH ITS WEBSITE, AND IT IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT ATHE WEBSITES ARE NOT ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. THE WEBSITES SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN ITS WEBSITE, ITS DIGITAL PRODUCTS OR SERVICES. YOUR PARTICIPATION IN THE WEBSITES IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITES OR THROUGH ITS PRINCIPALS, EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
THE WEBSITE MAKES NO WARRANTY REGARDING ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES, CONTENT, TOOLS OR PRODUCTS PURCHASED OR OBTAINED THROUGH ITS WEBSITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE, AND IT IS NOT RESPONSIBLE FOR ANY CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE OF ITS WEBSITE. ANCHOREDINASTROLOLGY.COM MAKES NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH THE WEBSITES MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST THE WEBSITES WITH RESPECT TO SUCH SITES. BY PERMITTING ADVERTISING, THE WEBSITE MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY OR VERACITY OF THE CONTENT OR SUITABILITY OF THE SUBJECT MATTER OF ANY SUCH ADVERTISEMENT. THE WEBSITE SPECIFICALLY DISCLAIMS LIABILITY FOR DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM SUCH ADVERTISEMENTS. BY RESPONDING TO A CLASSIFIED OR PERSONAL ADVERTISEMENT ON THE WEBSITES WEBSITE, YOU WAIVE ANY CLAIMS AGAINST THE WEBSITES FOR DAMAGES ARISING FROM SUCH ADVERTISEMENT OR YOUR RELIANCE UPON STATEMENTS IN SUCH ADVERTISEMENT. THE WEBSITES’S DISCLAIMER POLICY IS INCORPORATED HEREIN BY REFERENCE.
9. Limitation of Liability
THE WEBSITE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE ITS WEBSITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES AND/OR CONTENT PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH ITS WEBSITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF THE WEBSITES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold the Website, its subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website, the violation of these Terms and Conditions by you, or the infringement by you of any intellectual property or other right of any person or entity.
11. Applicable Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflicts of laws provisions. By entering the website, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in New York.
12. Remedies for Breach of these Terms by You
In the event that the Website determines, in its sole discretion, that you have breached any portion of these Terms and Conditions, or have otherwise demonstrated conduct inappropriate for its website, The Websites reserves the right to (i) delete any or all content provided by you to the Website; (ii) discontinue your registration(s) with the Website; (iii) discontinue your subscription to any newsletter, digital product, product, course, event, content, tool or service purchased through the Website; (iv) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (v) any other action which the Website deems to be appropriate. You agree that if the Website determines you have breached any of these Terms and Conditions, it may take any of the foregoing actions without any notice or warning to you.
In the event that any provision of the Terms and Conditions conflicts with the law under which the Terms and Conditions are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms and Conditions, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms and Conditions will remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms and Conditions or to exercise any right under the Terms and Conditions will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
The Website may assign its rights and obligations under these Terms and Conditions and upon such assignment the Website may be relieved of any further obligation hereunder.
You represent to the Website that you have the authority to register with or visit The Websites according to these Terms and Conditions. The Website does not encourage or solicit visitors who are known to be under the age of 13 to visit the Websites and it does not permit anyone under the age of 18 to engage in any ecommerce transaction.
These Terms and Conditions constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms and Conditions will, at the election of The Websites, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms and Conditions will remain valid and enforceable.
14. Contact Information
If you have any questions about this Terms and Condition Policy or anything else about the Websites, you can contact us at the following email address: email@example.com
COPYRIGHT & INTELLECTUAL PROPERTY INFRINGMENT POLICY
Posted March 15, 2016
It is the policy of the Website to respect intellectual property rights of others.
Accordingly, the Websites will process and investigate notices of alleged infringement and take appropriate actions pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512©(2) (hereinafter “DCMA”) and other applicable intellectual property laws.
A. Notification of Alleged Copyright or Intellectual Property Infringement
Pursuant to DCMA, all notifications of alleged copyright infringement should be sent to the service provider’s designated agent.
The name of the Agent designated to receive notice of the claimed infringement is: Debra A. Clement.
The full address of the Designated Agent to which notification should be sent is:
Attn: Debra A. Clement
P.O. Box 302
Rockville Centre, NY 11570
Telephone Number of Designated Agent: 516-319-5639
E-mail address of Designated Agent: firstname.lastname@example.org.
B. Requirements for Reporting Alleged Copyright Infringement
To be considered an effective notice, the notification must be a written communication to the Designated Agent that includes the following:
A physical or electronic signature of a person who is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
Identification of the copyrighted work claimed to have been infringed upon, or if multiple copyrighted works at a single online site are covered by a single notification, then it must include a representative list of such works at that site; and
Identification of the material that is claimed to be infringing, or is claimed to be the subject of infringing activity, that is to be removed or to which access to it is to be disabled, together with any information reasonably sufficient to permit the service provider to locate the material; and
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; and
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.
C. Actions to be Taken by Designated Agent Pursuant to Notification of Alleged Copyright and Intellectual Property Infringement Claims
Upon receipt of a Notice that complies with the Copyright Act, The Websites will promptly remove the identified material and shall take reasonable steps to inform the user who posted the allegedly infringing material (the “alleged infringer”) of the Notice and its subsequent removal by us.
D. Counter-Notice to Designated Action
1. The alleged infringer may then provide us with a counter-notice (“Counter-Notice”) that the initial infringement notice was erroneous. Such Counter-Notice must be in writing and must include:
A physical or electronic signature of the alleged infringer; and
Identification of the material removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; and
A statement under penalty of perjury that the alleged infringer has a good-faith belief that the material was removed or access to it disabled as a result of error; and
The alleged infringer’s name, address, and telephone number;
A statement of consent to jurisdiction in federal district court and that the alleged infringer consents to service of process from the complaining party or its agent.
2. Upon receipt of a Counter-Notice, we will notify you of the Counter-Notice and restore the material within 10 to 14 business days of receipt of the Counter-Notice unless you inform us that you have filed an action seeking a court order to restrain the allegedly infringing party from engaging in infringing activity relating to the material on our Site.