Kajama.com - User Agreement
Terms of Service
1. ACCEPTANCE OF TERMS
Welcome to Kajama.com, a licensee of Kajama.com and Kajama, Inc. Kajama.com provides its service to you, subject to the following
Terms of Service ("TOS"), which may be updated by us from time to
time without notice to you. You are viewing the most current TOS. Bookmark this
page to review this document in the event that it has changed. In addition,
when using particular Kajama.com services, you shall be subject to
any posted guidelines or rules applicable to such services.
2. DESCRIPTION OF SERVICE
Kajama.com currently provides users with access to a rich assortment
of online psychic services, including chat rooms, online forums, contests, and
shopping, through its network of properties ("Network"). Unless explicitly
stated otherwise, any new features that augment or enhance the current Network,
including the release of new Kajama.com properties and licensees,
shall be subject to the TOS. You understand and agree that the Network is provided
"as-is" and that Kajama.com assumes no responsibility for
the timeliness, deletion, mis-delivery or failure to store any user information
or personalization settings.
Please be aware that Kajama.com has created certain areas on the Network that require a purchase.
You must be at least 18 years of age to make any purchases.
3. YOUR USER ACCOUNT OBLIGATIONS
In consideration of your use of the Network, you agree to: (a) provide true,
accurate, current and complete information about yourself as prompted by the
Network's sign-up form (such information being the "User Data") and
(b) maintain and promptly update the User Data to keep it true, accurate, current
and complete. If you provide any information that is untrue, inaccurate, not
current or incomplete, or Kajama.com has reasonable grounds to suspect
that such information is untrue, inaccurate, not current or incomplete, Kajama.com has the right to suspend or terminate your account and refuse any
and all current or future use of the Network. You also agree not to allow the use of your account by any individual or party other than yourself in utilizing the services on our Network. Kajama.com is concerned
about the safety and privacy of all its users. For this reason, those under
the age of 13 are not allowed to access or use this site without parental permission.
At no time can anyone under the age of 13 years create a Kajama.com
User Account.
4. MEMBER ACCOUNT, PASSWORD
AND SECURITY
You will receive a password and account designation upon completing the Network'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 Kajama.com of any unauthorized use of your password oraccount or any other
breach of security, and (b) ensure that you exit (log off) from your account
at the end of each session. Kajama.com cannot and will not be liable
for any loss or damage arising from your failure to comply with this Section.
5. MEMBER CONDUCT
You understand that all 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 which such Content originated. This means that you, and not Kajama.com, are entirely responsible for all Content that you upload, post,
email or otherwise transmit via the Network.
You agree to not use the Network
to:
A. Upload, post, email or
otherwise transmit 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, including
sexual orientation;
B. Harm any person in any
way;
C. Impersonate any person
or entity, including, but not limited to, Kajama.com personnel or
their consultants, or falsely state or otherwise misrepresent your affiliation
with a person or entity;
D. Engage or otherwise obtain
services on the Network through: (i) the illegal use of credit cards or any
bank cards and/or their information, (ii) impersonations of other credit card
holders, (iii) the unpermitted use of a telephone or telephone line, (iv)
or the use of the credit cards of another person even with their permission
6. 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.
7. INDEMNITY
You agree to indemnify and hold Kajama.com, and its subsidiaries,
affiliates, officers, agents, licensees, affiliates or other partners, contractors, and employees,
harmless from any claim or demand, including reasonable attorneys' fees, made
by any third party due to or arising out of Content you submit, post to or transmit
through the Network, your use of the Network, your connection to the Network,
your violation of the TOS, or your violation of any rights of another.
8. ENTERTAINMENT CLAUSE
You agree that any and all service of Kajama.com are for entertainment
only. We make no guarantees regarding the validity, truth, or likelihood of
any and all information obtained on the Network whether through a public or
private (paid) service of the Network. Our consultants are professional consultants;
however, any and all statements made utilizing our Network are the sole opinion
of that consultant and do not reflect the opinions or policies, stated or otherwise,
of Kajama.com.
9. MEDICAL & LEGAL
You agree not to solicit or otherwise request from our consultants any medical,
psychiatric, legal or other advice or opinions that would warrant a professional
trained in those respective areas. You agree that any opinions or advice that
may be contrued to have a medical, psychiatric or legal foundation are the opinions
of a lay person and are not to be interpreted as anything but that. If you have
medical, psychiatric or legal concerns, we strongly suggest you consult a licensed
professional with expertise in that area.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of the Network, use of the Network, or access
to the Network.
10. MODIFICATIONS
TO SERVICE
Kajama.com reserves the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the Network (or any part
thereof) with or without notice. You agree that Kajama.com shall not
be liable to you or to any third party for any modification, suspension or discontinuance
of the Network.
11. TERMINATION
You agree that Kajama.com, in its sole discretion, may terminate your
password, account (or any part thereof) or use of the Network, for any reason,
including, without limitation, if Kajama.com believes that you have
violated or acted inconsistently with the letter or spirit of the TOS. Kajama Network may also in its sole discretion and at any time discontinue providing
the Network, or any part thereof, with or without notice. You agree that any
termination of your access to the Network under any provision of this TOS may
be effected without prior notice, and acknowledge and agree that Kajama.com
Network may immediately deactivate or delete your account and all related information
and files in your account and/or bar any further access to such files or the
Network. Further, you agree that Kajama.com shall not be liable to
you or any third party for any termination of your access to the Network.
12. LINKS
The Network may provide, or third parties may provide, links to other web sites
or resources. Because Kajama.com has no control over such sites and
resources, you acknowledge and agree that Kajama.com is not responsible
for the availability of such external sites or resources, and does not endorse
and is not responsible or liable for any Content, advertising, products, or
other materials on or available from such sites or resources. You further acknowledge
and agree that Kajama.com shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to becaused by or in
connection with use of or reliance on any such Content, goods or services available
on or through any such site or resource.
13. KAJAMA NETWORK'S PROPRIETARY RIGHTS
You acknowledge and agree that the Network and any necessary software used in
connection with the Network ("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 Network or advertisers is protected
by copyrights, trademarks, servicemarks, patents or other proprietary rights
and laws. Except as expressly authorized by Kajama.com or advertisers,
you agree not to modify, rent, lease, loan, sell, distribute or create derivative
works based on the Network or the Software, in whole or in part.
Kajama.com grants
you a personal, non-transferable and non-exclusive right and license to use
the object code of its Software on a single computer; provided that you do not
(and do not allow any third party to) copy, modify, create a derivative work
of, reverse engineer, reverse assemble or otherwise attempt to discover any
source code, sell, assign, sublicense, grant a security interest in or otherwise
transfer any right in the Software. You agree not to modify the Software in
any manner or form, or to use modified versions of the Software, including (without
limitation) for the purpose of obtaining unauthorized access to the Network.
You agree not to access the Network by any means other than through the interface
that is provided by Kajama.com for use in accessing the Service.
14. GUARANTEES
AND WARRANTIES
Kajama.com guarantees that its for-fee (paid) products and services
will be to your satisfaction, with certain disclaimers. (See, Disclaimer of
Warranties, below.) If you are unhappy with the product or service you received,
please contact Customer Service immediately from within your member profile
to invoke this warranty. Please provide a copy of the original receipt in order to facilitate the processing of your warranty. The following
warranty applies only to our for-fee (paid) products and services:
A. We will offer a suitable replacement in the form of a credit to your member account, which can be used toward future purchases, limited to $25 maximum.
15. DISCLAIMER
OF WARRANTIES
You expressly understand and agree that:
A. Your use of the Network
is at your sole risk. The Network is provided on an "as is" and
"as available" basis.
B. Kajama.com makes
no warranty of its free (Non-paid) services that (i) The Network will meet
your requirements, (ii) The Network will be uninterrupted, timely, secure,
or error-free, (iii) The results that may be obtained from the use of the
Network will be accurate or reliable, and (iv) Any errors in the software
will be corrected.
C. Chat logs of online readings are provided as a courtesy and are not a part of the paid service. Kajama.com makes no warranty that (i) Chat logs will record properly for every reading, (ii) Chat logs will be uninterrupted or error-free, and (iii) Chat logs will be available beyond 90 days from date of reading.
D. Any material downloaded
or otherwise obtained through the use of the Network is done at your own 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 any such material.
E. No advice or information,
whether oral or written, obtained by you from Kajama.com or through
or from the service shall create any warranty not expressly stated in the
TOS.
F. This site is for entertainment only. All advice and information obtained by you from Kajama.com in the normal course of services is for this purpose and Kajama.com makes no guarantees, either expressly or implied, to the accuracy of any predictions, forecasts, divinations, or content of any nature.
G. Any and all requests to invoke this warranty must be placed in writing to this company immediately (within 30 days of receipt of services), and applies only and solely to the last purchase made by the consumer. We do not extend this warranty to blocks of purchases over an extended period. This warranty is hereby void if dissatisfaction is not expressed immediately and for a specific purchase.
H. This company reserves the right to limit or refuse purchases from individuals who invoke this warranty more than once.
16. NOTICE
Notices to you may be made via either email or regular mail. The Network may
also provide notices of changes to the TOS or other matters by displaying notices
or links to notices to you generally on the Network.
17. TRADEMARK
INFORMATION
Kajama.com, the Kajama.com logo, and other
Kajama.com logos and product and service names (the "Kajama Network Marks") are service marks and trademarks of Kajama, Inc. Without Kajama, Inc.'s prior permission, you agree not
to display or use in any manner the Kajama Network Marks.
18. GENERAL
INFORMATION
The TOS constitute the entire agreement between you and Kajama.com
and govern your use of the Service, superceding any prior agreements between
you and Kajama.com. You also may be subject to additional terms and
conditions that may apply when you use affiliate services, third-party content
or third-party software. The TOS and the relationship between you and Kajama.com shall be governed by the laws of the State of Nevada without
regard to its conflict of law provisions. You and Kajama.com agree
to submit to the personal and exclusive jurisdiction of the courts located within
the state of Nevada. The failure of Kajama.com to
exercise or enforce any right or provision of the TOS shall not constitute a
waiver of such right or provision. If any provision of the TOS is found by a
court of competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the TOS remain in full
force and effect. You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of the Network
or the TOS must befiled within one (1) year after such claim or cause of action
arose or beforever barred. The section titles in the TOS are for convenience
only and have no legal or contractual effect.
19. VIOLATIONS
Please report any violations of the TOS to TOSabuse@kajama.com.
Privacy Policy
Privacy Policy This site is
a licensee of Kajama.com and Kajama, Inc. This statement
discloses the privacy practices and terms of service for this site. When you
visit a Kajama.com website, you can expect that we have taken the
utmost consideration of your privacy needs. This site recognizes that our users
have legitimate concerns about privacy. This privacy policy, which is part of
our User Agreement, sets forth our practices regarding the collection and use
of "personal information" as well as the choices we offer you regarding
the use of this information. "Personal information" is information
that personally identifies you, including, for example, your name, address,
and email address.
You provide certain personal
information to us when you: (a) register for this site, (b) send email messages,
submit forms or send other information to us, or (c) purchase goods and services.
We may collect personal information from you at other points on our site that
state that personal information is being collected.
Our servers automatically collect
information about which sites users visit and which pages are viewed within
this site Web site. We use a feature of your browser called a "cookie"
to assign a User ID that automatically identifies your computer as you travel
through the site. These cookies are automatically disabled once you leave this
site.
THIS SITE, KAJAMA, INC., NOR Kajama.com AT NO TIME SHARE OUR USER FILES WITH ANY SEPARATE
COMPANY FOR ANY REASON. WE DO NOT SELL, SHARE OR LEASE OUR CLIENT LISTS.
We use personal information,
among other things, for billing purposes, to anticipate and resolve problems
with your service, to personalize your service, to investigate activity that
may violate our user agreement, and to develop and market products and services
that may be of interest to you. You should note that personal information that
you voluntarily disclose in your personal profile, in emails, in chat rooms,
in purchases or other communication remains confidential. Also, certain personal
information about you is presented to our trained consultants, who are also
bound by the terms of this agreement. This information is limited during live
chat to: First Name, Date of Birth, Chat City/State/Country, Time available
in your account, Your uploaded picture (if any) or any other pictures documents
you have provided. All picture and document exchanges are purely voluntary.
If you do not wish this information disclosed, you can choose not to upload
them to our server.
Any other information provided
by you in a chat shall remain confidential. However, you should ABSOLUTELY REFRAIN
from providing any personal contact or other sensitive information in a chat
with our consultants, including but not limited to your email or street address,
or phone number, as this will result in the termination of your account privileges.
Additional information may
be required for other services. For example, a chart or reading of certain kinds
may require your place of birth or a print of your palm. This additional personal
information is usually specific to a certain purchase. If you choose not to
disclose this additional information, it is suggested that you do not purchase
the product for which it is required. Bear in mind, though, that this additional
information is kept entirely confidential.
Account Information
We offer registered users choices regarding your personal information. You can
change, add or delete certain personal information you supplied to us by clicking on the "Profile" tab after you have logged in to your account.
Specific items are mandatory
for security and transaction purposes and cannot be deleted. You can, however, update this information.
Non-essential information such as pictures may be deleted.
You can opt-out of receiving
email messages from us about products and services that may be of interest to
you at any time by unchecking the appropriate items in Your Profile's Mailing
Options Area. You may also delete your entire account. This will remove your
account from all Kajama.com sites. In addition, even if you delete
or change some personal information in our registration database, it may still
be stored on other databases (including those kept for archival purposes).
Security
We use industry-standard efforts to safeguard the confidentiality of your personal
information, such as firewalls and secure socket layers where appropriate. However,
"perfect security" does not exist on the Internet.
Additional Privacy Protections
for Children
While we do not provide any "adult" content on any of our sites,
we do require that all registered users be at least 13 years of age. We do not
allow young adults under the age of 18 to purchase any items on our sites. Those
between the ages of 13 and 18 will be granted a "restricted" use of
our sites. They may participate in all functions with the exception of making
purchases or entering drawings or contests that may result in an item that is
normally for purchase only. Since all chats, readings, charts and products require
payment, those under 18 years of age will not be allowed to purchase or participate.
Further Information
W e cannot ensure that your private communications and other personal information
will not be disclosed to third parties. By way of example, without limiting
the foregoing, we may be forced to disclose information to the government under
certain circumstances, or third parties may unlawfully intercept or access transmissions
or private communications, or we might disclose your information to other sites
as part of offering additional functionality to you. Additionally, we can (and
you authorize us to) disclose your personal information to private entities,
law enforcement or other government officials as we, in our sole discretion,
believe necessary or appropriate. Therefore, we do not promise that your personal
information or private communications will remain private. If you have further
questions about our privacy policy or its implementation, please contact:
privacy@kajama.com.
You acknowledge that this privacy
policy is part of our user agreement and you agree to be bound by all of its
terms and conditions.
Copyright © 2007 Kajama, Inc. All rights reserved.
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