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Terms of Service
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1. ACCEPTANCE OF TERMS
Welcome to PowerOfHipnosis.com. We provide the PowerOfHipnosis.com web site to you subject to the following Terms of Service (“TOS”). By using the site, you agree to be bound by these Terms of Service. Please read them carefully. If you do not agree to these Terms of Service, do not use the site.
You can review the most current version of the TOS at any time at: http://www.PowerOfHipnosis.com/policy.php. In addition, when using particular POWEROFHYPNOSIS owned or operated services, you and POWEROFHYPNOSIS shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS. POWEROFHYPNOSIS may also offer other services that are governed by different Terms of Service.
POWEROFHYPNOSIS may change these Terms of Service from time to time. Your continued use of the site following the posting of such changes will constitute your agreement to all such changes. Please periodically visit this section of the site to review the current version of these Terms of Service.
2. DESCRIPTION OF SERVICE
POWEROFHYPNOSIS provides users with access to a rich collection of resources, including various communications tools, forums, shopping services, search services, travel services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for POWEROFHYPNOSIS to provide the Service. You also understand and agree that the Service may include certain communications from POWEROFHYPNOSIS , such as service announcements, administrative messages and the POWEROFHYPNOSIS Newsletter, and that these communications are considered part of POWEROFHYPNOSIS membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new POWEROFHYPNOSIS properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that POWEROFHYPNOSIS assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Please be aware that POWEROFHYPNOSIS has created certain areas on the Service that contain adult or mature content. You must be at least 18 years of age to access and view such areas.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or POWEROFHYPNOSIS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, POWEROFHYPNOSIS has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
4. GENERAL PROVISIONS
Please review our Privacy Notice, which also governs your visit to PowerOfHipnosis.com, to understand our practices.
When you visit PowerOfHipnosis.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify POWEROFHYPNOSIS of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. POWEROFHYPNOSIS cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph.
5. MEMBER CONDUCT
You understand that all trademarks and other claims of intellectual property rights, information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not POWEROFHYPNOSIS , are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. POWEROFHYPNOSIS does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You also agree to observe all statutes, ordinances, rules and regulations with respect to the use of POWEROFHYPNOSIS and the intellectual property rights of all persons who may claim an interest in any Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will POWEROFHYPNOSIS be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a POWEROFHYPNOSIS official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. 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, except in those areas (such as shopping) that are designated for such purpose (please read our complete Spam Policy);
h. 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;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
l. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
m. "stalk" or otherwise harass another;
n. not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your POWEROFHYPNOSIS ID), use of the Service, or access to the Service.and/or
o. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through n, above.
You acknowledge that POWEROFHYPNOSIS may or may not pre-screen Content, but that POWEROFHYPNOSIS and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, POWEROFHYPNOSIS and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by POWEROFHYPNOSIS or submitted to POWEROFHYPNOSIS , including without limitation information in POWEROFHYPNOSIS Message Boards and in all other parts of the Service.
You acknowledge, consent and agree that POWEROFHYPNOSIS may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of POWEROFHYPNOSIS , its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by POWEROFHYPNOSIS and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited. POWEROFHYPNOSIS may, but is not obligated to, review or monitor areas on the site, if any, where users may transmit or post communications, including discussion groups, bulletin boards, chat rooms, and user forums. POWEROFHYPNOSIS is not responsible for the accuracy of any posted information, including but not limited to information, data, opinions, advice, or statements transmitted or posted in discussion groups, bulletin boards, chat rooms, and user forums.
6. COPYRIGHT AND TRADEMARKS
Subject to the foregoing, all content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of POWEROFHYPNOSIS or its licensors and protected by United States and international copyright and trademark laws. The compilation of all content, design and layout of this site is the exclusive property of POWEROFHYPNOSIS or its licensors and protected by U.S. and international copyright laws. All software used on this site is the property of POWEROFHYPNOSIS or its licensors and protected by United States and international copyright and trademark laws. All trademarks and service marks on the site belong to POWEROFHYPNOSIS or its licensors, except third party trademarks and service marks, which are the property of their respective owners.
7. LICENSE AND SITE ACCESS
POWEROFHYPNOSIS grants you a limited, non-transferable and non-exclusive license to access and make personal use of this site and the other content contained in the site, and not to download (other than page caching) or modify it, or any portion of it. This license does not include any resale or commercial use of this site or its contents; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of POWEROFHYPNOSIS . You may not use any meta tags or any other “hidden text” utilizing POWEROFHYPNOSIS ’s name or trademarks without the express written consent of POWEROFHYPNOSIS . Any unauthorized use terminates the permission or license granted by POWEROFHYPNOSIS . You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of POWEROFHYPNOSIS so long as the link does not portray POWEROFHYPNOSIS , its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any POWEROFHYPNOSIS logo or other proprietary graphic or trademark as part of the link without express written permission. You agree not to access the Service by any means other than through the interface that is provided by POWEROFHYPNOSIS for use in accessing the Service.
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by POWEROFHYPNOSIS or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
8. LINKING AND FRAMING
You are permitted to view the site only in its full presentation form and are prohibited from "framing" the site. If you establish any links to our site, please keep in mind that in order to avoid confusion, your web site, and the link itself, may not suggest that POWEROFHYPNOSIS endorses, sponsors or is affiliated with your web site, service or product. If you establish a "deep link" to any page other than our home page, you should let us know by sending an email to links@PowerOfHipnosis.com with the URL of your Web page that contains the link. If we consider the link to be inappropriate, we reserve the right to require you to remove the link or relocate it to our home page located at www.PowerOfHipnosis.com.
LINKS TO THIRD PARTY SITES
Any links to third party sites are provided solely for your convenience. Such sites are not under the control of POWEROFHYPNOSIS , and POWEROFHYPNOSIS is not responsible for their content, any changes or updates to them, or the collection of any personal data or information by the operators of such sites.
9. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
10. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
POWEROFHYPNOSIS does not claim ownership of Content you submit or make available for inclusion on the Service. By submitting Content for inclusion on the Service, you represent to POWEROFHYPNOSIS that with respect to such Content, you are the owner of all brand names, logos, and trademarks, or the duly authorized representative or licensee of such owner, and will indemnify and save POWEROFHYPNOSIS free and harmless from any liability arising out of the use of such brand names, logos and trademarks included in such Content. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant POWEROFHYPNOSIS the following worldwide, royalty-free and non-exclusive license(s), as applicable:
a. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service other than POWEROFHYPNOSIS Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or POWEROFHYPNOSIS removes such Content from the Service.
b. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than POWEROFHYPNOSIS Groups, the perpetual, irrevocable and fully sub licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of the POWEROFHYPNOSIS network of properties that are intended by POWEROFHYPNOSIS to be available to the general public. By way of example, publicly accessible areas of the Service would include POWEROFHYPNOSIS Message Boards and portions of POWEROFHYPNOSIS Groups, Photos and Briefcase that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of POWEROFHYPNOSIS Groups that are limited to members, POWEROFHYPNOSIS services intended for private communication such as POWEROFHYPNOSIS Mail or POWEROFHYPNOSIS Messenger, or areas off of the POWEROFHYPNOSIS network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by POWEROFHYPNOSIS .
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that POWEROFHYPNOSIS may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on POWEROFHYPNOSIS 's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that POWEROFHYPNOSIS has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that POWEROFHYPNOSIS reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that POWEROFHYPNOSIS reserves the right to modify these general practices and limits from time to time.
12. MODIFICATIONS TO SERVICE
POWEROFHYPNOSIS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that POWEROFHYPNOSIS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that POWEROFHYPNOSIS may, under certain circumstances and without prior notice, immediately terminate your POWEROFHYPNOSIS account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your POWEROFHYPNOSIS account includes (a) removal of access to all offerings within the Service, including but not limited to POWEROFHYPNOSIS Mail, Groups, Messenger, Chat, Domains, Personals, Auctions, Message Boards, Greetings, Alerts and Games, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in POWEROFHYPNOSIS 's sole discretion and that for any termination with or without cause, POWEROFHYPNOSIS shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
14. DEALINGS WITH ADVERTISERS
POWEROFHYPNOSIS may, from time to time, offer through the site certain services or products that may be subject to their own specific terms and conditions. In the event of any conflict between those terms and conditions and these Terms of Service, the terms and conditions relating specifically to the services or product shall control. Please be sure to review any applicable terms and conditions before making use of a site service or product. Advertisers are not related to POWEROFHYPNOSIS other than by a business relationship. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that POWEROFHYPNOSIS shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, products or services or as the result of the presence of such advertisers on the Service.
15. DISCLAIMERS, EXCLUSIONS, LIMITATIONS, INDEMNIFICATION
THE SITE IS PROVIDED BY POWEROFHYPNOSIS ON AN “AS IS” AND “AS AVAILABLE” BASIS. POWEROFHYPNOSIS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED WITH REGARD TO THE SITE, ITS CONTENTS OR ITS OPERATION. TO THE FULLEST EXTENT PERMITTED BY LAW, POWEROFHYPNOSIS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR OWN RISK.
POWEROFHYPNOSIS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM POWEROFHYPNOSIS ARE FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT YOUR USE OF THE SITE OR ITS CONTENT OR THE INFORMATION AND MATERIALS CONTAINED HEREIN WILL BE UNINTERRUPTED.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, POWEROFHYPNOSIS SPECIFICALLY INFORMS YOU THAT POWEROFHYPNOSIS MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES AS TO THE ACCURACY, TRUTHFULNESS, OR RELIABILITY OF ANY POSTED INFORMATION. FURTHER, NEITHER POWEROFHYPNOSIS NOR ITS LICENSORS GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF MARKET DATA OR ANY OTHER MARKET INFORMATION OR MESSAGES DISSEMINATED BY ANY PARTY AND MADE AVAILABLE OR USED IN CONNECTION WITH ANY OF THE FINANCIAL OR TECHNICAL ANALYSIS TOOLS IN THE SITE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM POWEROFHYPNOSIS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
POWEROFHYPNOSIS , ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF POWEROFHYPNOSIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF POWEROFHYPNOSIS AND LICENSORS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to indemnify, hold harmless, and defend POWEROFHYPNOSIS and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries (collectively “Indemnified Parties”) from and against any and all liability, loss, claim, damages, expense, or cost (including but not limited to attorneys’ fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to your use of site, the placement, posting or transmission of any messages, information, software, Content or other materials on or through the site by you or users of your account, or any breach or violation of these Terms of Service by you or users of your account. You agree to fully cooperate as reasonably required by an Indemnified Party(ies). Each Indemnified Party may, at its own expense, assume the exclusive defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter without the consent of the applicable Indemnified Party.
16. GOVERNING LAW
These Terms of Service are governed by the laws of the State of Illinois, without regard to the rules of conflict that may cause the laws of another jurisdiction to apply. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts of the State of Illinois in the event of any dispute of any kind arising from or relating to the site, or your use or review of it. The failure of POWEROFHYPNOSIS to enforce any provision or right of these Terms of Service will not constitute a waiver of such provision or right. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Service to be unenforceable, the remainder of these Terms of Service will continue in full force and effect.
17. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
18. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
POWEROFHYPNOSIS respects the intellectual property of others, and we ask our users to do the same. POWEROFHYPNOSIS may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide POWEROFHYPNOSIS 's Copyright Agent the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the site;
d. your address, telephone number, and email address;
e. a 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;
f. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
POWEROFHYPNOSIS 's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
19. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and POWEROFHYPNOSIS and governs your use of the Service, superseding any prior agreements between you and POWEROFHYPNOSIS with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other POWEROFHYPNOSIS services, affiliate services, third-party content or third-party software.
Copyright 2008. All rights reserved.
Last Updated July, 2008
(c) 2008 All Rights Reserved. By visiting this page, you agree to terms