TERMS AND CONDITIONS OF SERVICE - WWW.CYBERWITCH.COM

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Terms, Conditions and Disclaimers

• All software written by James S. Johnson is copyrighted: © 1998-2009 James S. Johnson. All rights reserved.
• An MIT license is offered for some client-side script files. If so, it will be stated at the top of the file and otherwise no license is offered.
• This website and the Cyberwitch domain are wholly owned by James S. Johnson, hereafter known as "Cyberwitch".
• Unless otherwise noted by Cyberwitch, all authors and artists retain their individual copyright with all rights reserved in addition to Cyberwitch's copyright of each page, section of the website and the website as a whole.
• THE WWW.CYBERWITCH.COM SITE INCLUDING ALL CONTENT, HEREAFTER CALLED "THE SOFTWARE", IS PROVIDED WITH ALL FAULTS INCLUDED, "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOU AGREE THAT IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL CYBERWITCH BE LIABLE FOR ANY CLAIM, DAMAGES, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE, EVEN IF CYBERWITCH OR A CYBERWITCH AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
• YOU AGREE THAT IN NO EVENT SHALL CYBERWITCH'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, UNDER ANY LEGAL THEORY, AND WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT YOU HAVE PAID TO CYBERWITCH IN RELATION TO THE CAUSE OF ACTION.
• YOU AGREE TO INDEMNIFY AND HOLD CYBERWITCH HARMLESS WITH REGARD TO LOSS OR DAMAGE EXPERIENCED BY A THIRD PARTY RESULTING FROM YOUR USE OF THE SOFTWARE
• Cyberwitch reserves the right to refuse service to anyone at any time.
• Cyberwitch reserved the right to terminate the website service at any time, in its sole discretion, and without a requirement for consent by or remuneration to anyone.
• You must be aged thirteen (13) years or older.
• You must have your parent or guardians permission if you are not of legal age with the ability to enter into binding contracts.
• The presentation of illegal items, including all counterfeit goods, is expressly prohibited. Cyberwitch will terminate the presentation of any such items upon notification by the legitimate trademark or copyright holder or their assigns.
• A presentation by Cyberwitch on behave of another party does not provide exclusive rights to a web page on the Cyberwitch domain, rather, it provides a presence on a Cyberwitch owned web page.
• Cyberwitch may, in its sole discretion, and without a requirement for consent by or remuneration to anyone, modify or remove any web page.
• Cyberwitch cannot guarantee preservation of records and may expire information without notice, including read and unread electronic messages and information maintained in databases, at its sole discretion.
• Cyberwitch cannot guarantee recovery of web pages, electronic messages, or database information in the event of hardware failure, software failure, or error.
• Cyberwitch cannot guarantee that information transmitted over the Internet will not be intercepted, decrypted or that information will reach the intended destination.
• You agree not to use automated scripts or robots to interact with THE SOFTWARE. (The top 10 search engines excepted).
• You agree to use THE SOFTWARE in accordance with any applicable United States Federal or California State Law in addition to those laws which are applicable to you in your current jurisdiction.
• You agree not to "spam" (send unsolicited commercial e-mail) to any email address displayed by THE SOFTWARE.
• You agree not to copy images displayed by THE SOFTWARE. (Home page thumbnails, Google, Yahoo, Microsoft "bing", The Wayback Machine and WebCite excepted).
• Cyberwitch cannot guarantee that any inappropriate use of THE SOFTWARE will be noticed or prevented.
• Cyberwitch cannot guarantee that false demographic information will be noticed or corrected.
• The laws of the state of California, excluding its conflicts-of-law rules, govern these Terms and Conditions of Service. As noted elsewhere, your conduct may be subject to other local, state, and national laws. YOU EXPRESSLY AGREE THAT EXCLUSIVE JURISDICTION FOR ANY CLAIM OR DISPUTE RESIDES IN THE COURTS OF THE STATE OF CALIFORNIA. YOU FURTHER AGREE AND EXPRESSLY CONSENT TO THE EXERCISE OF PERSONAL JURISDICTION IN THE STATE OF CALIFORNIA IN CONNECTION WITH ANY DISPUTE OR CLAIM INVOLVING CYBERWITCH.
• The Terms and Conditions of this Disclaimer supersede any prior agreements between you and Cyberwitch.
• The Terms and Conditions of this Disclaimer may be amended from time to time, by Cyberwitch in its sole discretion.