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Site Terms of Service, an Enforceable Legal Agreement.
Last Updated on May 31, 2019
For all content you submit by way of forum, channel, email, mail, or verbally, you grant House of White royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content. This license is for the limited purpose of operating, developing, providing, promoting, and improving our services and researching and developing new ones.
Because Public Content is inherently public and chronicles matters of public interest, the license you grant us for this content is broader. In addition to granting us the rights mentioned in the previous paragraph, you also grant us a perpetual license to create derivative works from, promote, exhibit, broadcast, syndicate, sublicense, publicly perform, and publicly display this content in any form and in any and all media or distribution methods (now known or later developed). To the extent it’s necessary, when you appear in, create, upload, post, or send content, you also grant the House of White, our affiliates, and our business partners the unrestricted, worldwide, perpetual right and license to use your name, likeness, and voice, including in connection with commercial or sponsored content. This means, among other things, that you will not be entitled to any compensation from the House of White, our affiliates, or our business partners if your name, likeness, or voice is conveyed through the services, either on the forums, our podcasts, videos, publications, or any other material released in any platform.
These Sites and their original content, features, functionality, data, text, graphics, vide-os, source code, and other materials (“Materials”) are owned by Dusty White. All rights are reserved. You do not have any right, interest, or title in or to the Material unless otherwise expressly indicated. The Materials are proprietary and are protected by inter-national copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The trademarks, service marks, and logos (“Trade Marks”) contained on or in these Websites or any other sites related to EasyTarotLessons.com, EasyAstrologyLessons.com, HouseOfWhite.net, or their Servers are registered and owned by or licensed to Dusty White or his companies. Save as expressly stated, you do not have any right to use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of Dusty White or his relevant company. You are permitted to print or download ex-tracts of the Material for your PERSONAL USE ONLY provided that each copy contains a notice that the Material is owned by or licensed to Dusty White. NONE OF THE MATERIAL MAY BE USED FOR ANY COMMERCIAL OR PUBLIC USE. Save as expressly stated or as necessary to view, print, or download extracts of the Material for personal use, none of the Material may be copied, edited, varied, reproduced, published, dis-played, distributed, stored, transmitted, commercially exploited, or disseminated in any form whatsoever without the prior written consent of Dusty White or his relevant company.
Information, data, text, music, software, sound, photographs, graphics, video, messages or other materials may be posted or uploaded (in public or privately) onto designated areas of the Sites. Any information, data, text, music, software, sound, photographs, graphics, video, messages or other materials which are posted or uploaded onto any of the Sites or Servers or otherwise transmitted through these Websites by any visitor to these Websites is referred to as “Content”. We do not control the Content and, as such, we are not responsible for it in any way whatsoever. In particular, we do not guarantee the accuracy, integrity, or quality of such Content. We shall have the right (but not the obligation) in our sole discretion to delete, edit, lock, move, or remove any Content without notice. Without limiting the foregoing, we shall have the right without notice to record the IP address from which any Content is posted or uploaded to or otherwise transmitted through any of our Sites or Servers and to lock or remove any Content which violates these Terms and Conditions or is or may be irrelevant, out of date, inappropriate, or objectionable in any way whatsoever or in respect of which we receive any complaint (whether valid, justified or not).
If you upload, post, or otherwise transmit any Content to a public part of any of our Sites or Servers (including, without limitation, if you post a message to a bulletin board or chat forum, upload files, input data, or engage in any other form of communication through any of our Sites) you are wholly responsible for it. You hereby: (a) grant us an irrevocable, perpetual, royalty free right to use, distribute, copy, edit, adapt, license, distribute, transmit, publish, publicly perform, or display any such Content in any form or medium anywhere in the World; and (b) irrevocably and unconditionally waive any moral rights or similar rights you have in any Content.
All rights not expressly granted in these Terms are reserved by the Sites.
You agree that when using the Sites or Servers you will not: (a) Upload, post or otherwise transmit Content which violates the rights (including, without limitation, the intellectual property rights) of a third party or which is unlawful, harmful, threatening, abusive, argumentative, flaming, hateful, offensive (whether in relation to sex, race, religion or otherwise) harassing, defamatory, vulgar, obscene, indecent, libelous, invasive of another’s privacy or contains any illegal content; (b) Harvest Content or IP addresses or upload, post or otherwise transmit any Content which contains software viruses or any other files or programs that may interrupt, destroy or limit the functionality of these Sites or Servers or any networks connected to the Sites or another’s computer, or that contains any chain letters, pyramid selling schemes, bulk mail, junk mail or similar; or (c) Upload, post or otherwise transmit any Content for any commercial or business purpose including (without limitation) any Content which contains any advertising or promotional materials; or (d) Restrict or in any way inhibit any person from using these Sites or Servers; (e) Upload, post or otherwise transmit any Content which is unnecessary and/or repetitive including any Content which repeats that previously uploaded, posted or transmitted by you or another visitor, unless absolutely necessary; or (f) Upload, post or otherwise transmit any Content to a part of these Sites or Servers which is irrelevant to the subject matter or the Content; or (g) Register yourself as a member of these Sites or the forum provided through these Sites, or to receive any newsletter or other service under more than one user name and/or user account number without the consent of the Sites’ editor or the forum moderator; or (h) Use these Sites or Servers in a manner that is inconsistent with these Terms and Conditions and/or any relevant laws and regulations in force from time to time; or (i) Breach the terms of any suspension or ban or seek alternative access.
In order to promote a safe, drama-free environment, we do not tolerate jerks, bullies, and gossips. Behavior that crosses the line, including behavior that abuses, harasses, or intimidates a user, or uses fear to silence another user’s voice, will not be tolerated. Further, we do not tolerate the specific conduct identified below. We explicitly reserve the right to temporarily lock out a user and/or subject a user to permanent suspension for such conduct listed anywhere in this section.
User shall not use, and shall not allow any person to use, the Sites or Services in any way that violates an international, federal, state, or local law, regulation, or ordinance, or for any disruptive, tortious, or illegal purpose, including but not limited to harassment, slander, defamation, data theft or inappropriate dissemination, or improper surveillance of any person.
You must not use these Sites in any way that causes, or may cause, damage to the websites or impairment of the availability or accessibility of the websites or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use these websites to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.
You must not conduct any systematic or automated data collection activities on or in relations to these Sites without our express written consent. This includes:
You must not use these Sites or any part of them to transmit or send unsolicited commercial communications.
You must not use these Sites for any purpose related to marketing without our express written consent.
User will use the Services provided through these Sites only as provided in these Terms:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THESE SITES PROVIDE THE SERVICES “AS IS,” WITH ALL FAULTS. THESE SITES DO NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICES, OR THAT ANY DATA WILL BE TRANSMITTED IN A MANNER THAT IS TIMELY, UNCORRUPTED, FREE OF INTERFERENCE, OR SECURE. THESE SITES DISCLAIM REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, WRITTEN, ORAL, CONTRACTUAL, COMMON LAW, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT MAY ARISE FROM A COURSE OF DEALING OR USAGE OF TRADE
Without prejudice to the generality of the foregoing paragraph, we do not warrant that:
Nothing on these Sites constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial, or medical manner, you should consult an appropriate professional.
THESE SITES AND ALL OF US ARE NOT LIABLE FOR INDIRECT, SPECIAL, INCI-DENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, (WHETHER UNDER THE LAW OF CONTRACT, THE LAW OF TORTS, OR OTHER-WISE), INCLUDING BUT NOT LIMITED TO LOST PROFITS (REGARDLESS OF WHETHER WE HAVE BEEN NOTIFIED THAT SUCH LOSS MAY OCCUR) OR EXPO-SURE TO ANY THIRD PARTY CLAIMS BY REASON OF ANY ACT OR OMISSION. WE AND THESE SITES SHALL NOT BE LIABLE FOR ANY ACT OR OMISSION OF ANY THIRD PARTY INVOLVED WITH THE SERVICES, SITE OFFERS, OR ANY ACT BY SITE USERS. WE AND THESE SITES SHALL NOT BE LIABLE FOR ANY DAM-AGES THAT RESULT FROM ANY SERVICE PROVIDED BY, OR PRODUCT OR DE-VICE MANUFACTURED BY, THIRD PARTIES.
NOTWITHSTANDING ANY DAMAGES THAT USER MAY SUFFER FOR ANY REASON, THE ENTIRE LIABILITY OF THESE SITES IN CONNECTION WITH THESE SITES OR SERVICES, AND ANY PARTY’S EXCLUSIVE REMEDY, SHALL BE LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY USER TO THE SITES’ OWNER DURING THE 12 MONTHS PRIOR TO THE EVENT THAT USER CLAIMS CAUSED THE DAMAGES.
These Sites shall not be liable for any damages incurred as a result of any loss, disclosure, or third party use of information, regardless of whether such disclosure or use is with or without User’s knowledge or consent. These Sites shall have no liability for any damages related to: User’s actions or failures to act, the acts or omissions of any third party, including but not limited to any telecommunications service provider, or events or causes beyond these Sites’ reasonable control. These Sites have no obligation whatever, and shall have no liability to, any third party who is not a User bound by these Terms. Limitations, exclusions, and disclaimers in these Terms shall apply to the maxi-mum extent permitted by applicable law, even if any remedy fails its essential purpose.
These Sites may include or offer third party products or services. These Sites may also have other users or members who interact with each other, through these Sites, elsewhere online, or in person. These third party products and any linked sites have separate and independent terms of service and privacy policies. We have no control or responsibility for the content and activities of these linked sites, sellers, and third parties in general, regardless of whether you first were introduced or interacted with such businesses, services, products, and people through these Sites, and therefore you agree that we are not liable for any of them. We do, however, welcome any feedback about these sites, sellers, other users or members, and third parties.
Unless otherwise stated, we are not responsible for and do not endorse any Products or Services or any Third Party Website, or its availability or contents. We are not responsible for any agreement or understanding you enter into with a third party through a Third Party Website and/or in relation to any Products or Services. From time to time, we may receive a fee and/or commission from a third party product or service provider if we feature a Product or Service on one of our Sites or if you link to a Third Party Website from one of our Sites and purchase Products or Services from them.
You acknowledge and agree in relation to any downloads which are accessed on or via any of our Sites (“Download”) that (i) you have a right of license to such Download, you do not own any intellectual property rights in such Download, and your use of such Download may be subject to an applicable end user license agreement; (ii) you are not permitted to modify, copy, commercially exploit, re¬sell or otherwise use a Download in any way which is contrary to applicable laws or regulations.
Without limiting the foregoing, you expressly agree that Dusty White, these Sites, their officers, subsidiaries, employees and/or affiliates shall have no liability whatsoever for the performance of any software product you purchase and/or download through, or via a link from, the Sites (“Download”). You expressly acknowledge and agree that use of any Download is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, Downloads are provided “As Is” and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect to the Download, either ex-press, implied or statutory, including (without limitation) the implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment and non¬infringement of third¬ party rights. We do not warrant against interference with your enjoyment of the Download, that the functions contained in the Download will be continuous, uninterrupted, secure, virus-¬free, or error-¬free, or that defects in the Download will be corrected. Should the Download prove defective, you assume the entire cost of all necessary servicing, repair, or correction.
The owners and contributors to these Sites will work to improve the Sites for our users, and to further our business interests in the Sites. We reserve the right to add, change, and remove features, content, and data, including the right to add or change any pricing terms. You agree that we will not be liable for any such changes. Neither your use of the Sites nor these terms give you any right, title, or protectable legal interest in the Sites or their content
We may terminate your access to the Sites, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Please respect the rights of others, including rights under the U.S. copyright laws and other international laws. You should only post content and files on the Sites for which you have ownership, a license, or if your use constitutes fair use as that is defined un-der United States law.
Under the Digital Millennium Copyright Act of 1998 (DMCA), we will respond to claims of copyright infringement committed on the Sites, if reported to our copyright agent ac-cording to these terms.
If you are a copyright owner, or an authorized representative, please report alleged copyright infringements by completing the following DMCA Notice and delivering it to our copyright agent. We will take action as we deem appropriate under the circum-stances, in our sole discretion. We may remove the challenged material from the Site.
To give an effective DMCA Notice of Alleged Infringement (“Notice”) regarding content on our Site, you must:
Deliver this Notice, with items 1-4 completed, to our Designated Copyright Agent at:
9307 East Zayante Road Felton, CA 95018
Please Note: In our discretion, we will disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
If prompted, Users must provide a valid email address to the Sites, at which email address the User can receive messages. User must also update the Site if that email ad-dress changes. The Sites reserve the right to terminate any User account and/or User access to the Sites if a valid email is requested but is not provided by the User.
If the Sites prompt or allow a User to create a username or profile, Users agree not to pick a username or provide any profile information that would impersonate someone else or that is likely to cause confusion with any other person or entity. The Sites re-serve the right to cancel a User account or to change a username or profile data at any time. Similarly, if the Sites allow comments or user input, or prompts or allows a User to create an avatar or upload a picture, User agrees not to use any image that impersonates some other person or entity, or that is otherwise likely to cause confusion.
You are responsible for protecting your username and password for the Sites, and you agree not to disclose it to any third party. We recommend that you use a password that is more than eight characters long. You are responsible for all activity on your account, whether or not you authorized it. You agree to inform us of unauthorized use of your account, by email to email@example.com. You acknowledge that if you wish to protect your interactions with the Sites, it is your responsibility to use a secure encrypted connection, virtual private network, or other appropriate measures. The Sites’ own security measures are reasonable in terms of their level of protection, but are not helpful if the interactions of you or any other User with the Sites are not secure or private.
We are based in California and you are contracting to use our Sites. These Terms and all matters arising from your use of the Sites are governed by and will be construed according to the laws of California, without regard to any choice of laws rules of any jurisdiction. The federal courts and state courts that have geographical jurisdiction over disputes arising at our office location in the California will be the only permissible venues for any and all disputes arising out of or in connection with these Terms or the Sites and their Services.
Notwithstanding anything that may be contrary within the “Disputes” provisions above, all matters, and all arbitrable claims within a multi-claim matter, including all claims for monetary damages, shall be decided by a single arbitrator to be selected by us, which arbitrator shall hold hearings in California, under the rules of the American Arbitration Association.
Any cause of action User may have relating to the Sites or the Services must be commenced within one (1) year after the claim or cause of action arises.
Both parties waive the right to a jury trial in any dispute relating to the Terms, the Sites, or the Services.
If for any reason a court of competent jurisdiction finds any aspect of the Terms to be unenforceable, the Terms shall be enforced to the maximum extent permissible, to give effect to the intent of the Terms, and the remainder of the Terms shall continue in full force and effect.
User may not assign his or her rights or delegate his or her responsibilities under these Terms or otherwise relating to the Sites or their Services.
There shall be no third party beneficiaries under these Terms, except for the Sites’ affiliates, suppliers, and licensors, or as required by law.
Use of the Sites and its Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph.
The failure of the Sites to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
If you have any questions about these Terms, please address them to to the following:
By email: DPO@houseofwhite.net
By postal mail: 9307 East Zayante Road, Felton, California 95018 USA
Copyright © 2018 Dusty White. All Rights Reserved.