Halcyontears Online - Terms of Use

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Terms of Use
Terms of Use Copyright Conditions of Membership Content Communication Facilities Website Network Facilities & Uses Disclaimer of Warranty Limitation of Liability Indemnification Termination Payments and Donations Governing Law Document Age

Copyright
Halcyontears.com, Halcyontears and all related logos, products and services described, published or distributed in this website are copyright properties of Halcyontears, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Halcyontears. This includes, posted material, graphics, avatars, item designs, scripts, storyline, concept and scripts (unless otherwise noted).
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Conditions of Membership
The Adminstrator reserves the right to terminate the membership of individuals who violate the following conditions of membership: An individual may only apply for one membership in addition to less than 5 mules (alternative accounts). Each email address can only belong to one member. The member must not send unsolicited email (SPAM) to strangers to promote the website. An individual must not join nor use the website on behalf of another individual. The member must inform the Administrator of any change in the members personal details, including email address. This can be done through the Profile page on the website. Any other reason deemed inappropriate in the reasonable opinion of website Administration. Administration also reserves the right to terminate the membership of any individual without cause or reason.
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Content
The views expressed in the articles viewed on the Halcyontears website do not necessarily represent the views of the Halcyontears representatives, or the members associated with Halcyontears. Halcyontears neither guarantees, warrants, nor endorses the views or techniques presented unless otherwise noted, but offers the information to the viewer. Please remember that we are not responsible for any messages posted. We do not vouch for or warrant the accuracy, completeness or usefulness of any message, and are not responsible for the contents of any message. The messages express the views of the author of the message, not necessarily the views of Halcyontears. Any user who feels that a posted message is objectionable is encouraged to contact us immediately by email. We have the ability to remove objectionable messages and we will make every effort to do so, within a reasonable time frame, if we determine that removal is necessary. You agree, through your use of this service, that you will not use Halcyontears to post any material which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violative of any law. You agree not to post any copyrighted material unless the copyright is owned by you or by Halcyontears, or that proper recognition is given where due.
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Communication Facilities
The website contains electronic bulletin boards, chat rooms and other communication facilities which provide for feedback by members to administration, real-time interaction between members and other electronic messaging and notice services (referred to hereafter as Communication Facilities). It is a condition of your use of any Communication Facility and your access to the Network that you do not do any of the following: restrict or inhibit any other member from using or enjoying any chat room, post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law, post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder, post or transmit any material of any kind which contains a virus or other harmful component, post, transmit or in any way exploit any material of any kind for commercial purposes, or which contains any promotional material or advertising. Violations of these terms relating to Communication Facilities may result in a penalty, a suspension from posting in the forum, or cancellation of your membership. Administration may from time to time monitor or review the contents of its Communication Facilities. While Administration reserves its right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in Administrators sole discretion is in any way objectionable or in violation of any applicable law or the Terms of Use, Administration has no obligation whatsoever to monitor any Communication Facility or to edit, delete or refuse to post such contents, nor is Administration responsible for any contents in any Communication Facilities. You expressly acknowledge and agree that the Communication Facilities provide a means of public and not private communications. Administration reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.
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Website Network Facilities & Uses

Disclaimer of Warranty
The member acknowledges that it has not relied upon or been induced by any representation by Administration and Administration makes no warranty or representation as to, the results that may be obtained through membership of the service, the accuracy, reliability or otherwise of any information obtained through membership of the service, the financial or other rewards which may be obtained through membership of the service, the service or network being uninterrupted, timely or error free, the goods and/or services purchased or obtained through the service or network, including goods and/or services offered by third party advertisers, except where expressly indicated.
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Limitation of Liability
The member releases Administration and its officers, employees, agents, subsidiaries and affiliates from any claim for loss, damage or liability, including special indirect or consequential loss or damage such as loss of revenue, unavailability of systems or loss of data, in respect of: any advertising emails forwarded to the member, membership of the service, the members use of or inability to use the administration Network, the quality of goods and/or services purchased by the member, any dispute with a supplier of goods and/or services.
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Indemnification
The member indemnifies and keeps indemnified the Administration and its officers, employees, agents, subsidiaries and affiliates against all claims (including third party claims), demands, damages, costs (including legal costs), penalties or suits arising out of or consequential upon the members use of the service or the network.
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Termination
We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. Halcyontears disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes. Any offense, flaming or misuse of halcyontears will immediately subject that user/users to ban and prohibition of use of the site, within a given amount of time or indefinitely.
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Payments and Donations
Payments processed through Halcyontears (www.halcyontears.com)are not refundable. The nature of the foundation is such we cannot refund donations as we serve communities with some dependence on these donations. Refunding these donations would mean that HalcyonDrops would not be able to run efficiently, and would impact negatively upon the communities we serve. The user is entirely responsible for any money sent thru halcyontears website using its donation feature. The users have 100% control over the donation process, any mistake in this donation process (such as accidentally donating more or less than desired) is not our responsibility. All donations are final, and are considered as donations not as payments.
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Governing Law
THESE "TERMS OF SERVICE" CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE MATTER HEREOF AND SUPERSEDES AND REPLACES ALL PRIOR CONTEMPORANEOUS UNDERSTANDINGS OF AGREEMENTS, WRITTEN OR ORAL, REGARDING SUCH SUBJECT MATTER. ANY WAIVER OF ANY PROBISION OF THE "TERMS OF SERVICE" WILL BE EFFECTIVE ONLY IF IN WRITING AND SIGNED BY HALCYONTEARS. THIS DOCUMENT IS SUBJECT TO CHANGE WITH/WITHOUT NOTICE.
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Document Age
This document has been modified and written AUGUST 15, 2006.
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