TERMS OF SERVICE FOR SACRED DYNAMICS
Acknowledgment of Terms
You acknowledge that you have read the terms and conditions of use and that you accept the Terms thereof.
You agree to read these Terms and Conditions of use carefully before using this site
If you do not agree to these terms and conditions of use, you may not access or otherwise use this Site.
Use of Information Collected
www.sacredynamics.com, through Google Analytics, may monitor your use of this Site, and may use the information gathered to improve service and enhance the Site.
Changes to Terms
Sacred Dynamics reserves the right at its sole discretion, to change, modify, add or remove any portion of these Terms, in whole or in part, at any time. Notification of changes in the Terms will be posted on the Site.
Changes to Site
Sacred Dynamics may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site feature, database, or Content.
By using the Site, you represent and warrant that you have the right, authority and capacity to agree to these Terms and to abide by all of the terms and conditions herein.
Feature Development Notice
The design of the Site, its Services and Features may be changed, enhanced or modified at any time without prior notice.
THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Site User remains solely responsible for the design of the Site User’s results. IN NO EVENT WILL SACRED DYNAMICS / www.sacredynamics.com BE LIABLE FOR ANY DAMAGES UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY THE SITE USER BASED ON A THIRD PARTY CLAIM. The Site User understands and agrees that www.sacredynamics.com makes no representation or warranties regarding use of the Site. The Site User shall have sole responsibility for adequate protection and backup of their data or equipment used in connection with the Site and the Site User shall not claim against www.sacredynamics.com for lost data or any other damages arising from use of the Site.
Information Provided By Users
You are responsible for providing accurate, current and complete information in connection with your use of the Site. www.sacredynamics.com is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Site. Your covenant that your use of the Site, including but not limited to the Content you publish or display (hereinafter, “post”) on the Site, will be in accordance with any and all applicable laws and regulations.
You are solely responsible for any Content, messages, photos, videos, reviews or profiles that you publish, display or post on the Site, or transmit to other users of the Site. You will not post on the Site, or transmit to other users, any content that: (i) restrict or inhibit any other user from using and enjoying the Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact; You will not provide inaccurate, misleading or false information to www.sacredynamics.com or to any other user of the Site.
You understand and agree that www.sacredynamics.com may review and delete any Content, in each case in whole or in part, that in the sole judgment of www.sacredynamics.com violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site or otherwise threaten the business and/or operations of. Opinions, advice, statements, offers, or other information or content made available on the Site or through the Service, but not directly by www.sacredynamics.com, are those of their respective authors. Such authors are solely responsible for such content.
www.sacredynamics.com does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site. Under no circumstances will www.kstewartcommunications.com or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Site.
You hereby agree to indemnify, defend and hold www.sacredynamics.com, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Terms or the foregoing representations, warranties and covenants, including, without limitation, attorneys’ fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. www.sacredynamics.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of www.sacredynamics.com
Links to External Sites
Disclaimer of Warranties
THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, www.sacredynamics.com AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, FOR ANY SERVICES OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. FURTHER, www.sacredynamics.com AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. www.sacredynamics.com DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. www.sacredynamics.com AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
Limitation of Liability
In no event will www.sacredynamics.com be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this Site, your use of the Service, any information received from the Site, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if www.sacredynamics.com, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
www.sacredynamics.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, mobile devices, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or customers or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Site and/or in connection with the Service. Under no circumstances will www.sacredynamics.com or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Site.
If you violate the terms of this Section or any other terms stated herein, www.sacredynamics.com reserves the right, at its sole discretion, to immediately terminate your use of the Site and, in addition, you agree to pay a $10,000 (US Dollars) per day penalty fee for scraping, either in a manual or automatic manner other User or Member information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misusing or misappropriating site content, including but not limited to, use on a “mirrored,” competitive, or third party site. Although www.sacredynamics.com cannot monitor the conduct of its users off the Site, it is also a violation of these rules to use any information obtained from the Site or the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent.
Notice of Trademark Rights
The service marks and trademarks www.sacredynamics.com and the www.sacredynamics.com logo are trademarks or service marks owned by Sacred Dynamics or its licensors. All rights reserved. Any other trademarks, service marks, logos and/or trade names appearing on the Site are the property of their respective owners. You acknowledge the rights of www.sacredynamics.com and the respective third parties in those marks. Users may not copy or use any of these marks, logos or trade names without the prior written permission of the owner as expressly allowed by these Terms.
Notice of Copyright
The Site is protected by copyright as a collective work and/or compilation, pursuant to USA copyright laws, international conventions, and other copyright laws. The contents of the Site (the “Content”) are only for your personal, non-commercial use. All materials contained on the Site are protected by copyright, and are owned or controlled by www.sacredynamics.com or the party credited as the provider of the Content. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the Site. You may download and make copies of the Content and other downloadable items displayed on this Site for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from www.sacredynamics.com or the copyright holder identified in the individual Content’s copyright notice.
You acknowledge that transmission to and from this Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to www.sacredynamics.com, no confidential, fiduciary, contractually implied or other relationship is created between you and www.sacredynamics.com other than pursuant to these Terms.
These Terms constitute the entire agreement between www.sacredynamics.com and You with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms, and the remainder of the Terms shall continue in full force and effect.
Nothing in these Terms shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
If you have any questions, need further information as to the Site or Service provided by www.sacredynamics.com, or need to notify Sacred Dynamics as to any matters relating to the Site or Service please contact Sacred Dynamics at: firstname.lastname@example.org
You agree to indemnify and hold us and our affiliates, officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising in any manner in whole or in part out of your use of the Site, including but not limited to (i) your advertising, provision of or failure to pay for goods or services promoted on the Site; and (ii) claims that any of your Submitted Information includes materials owned by third parties without authorization, was defamatory or harassing, or otherwise violated the rights of any third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, shipping, transporting, and solicitation of offers to ship and transport items.
www.sacredynamics.com uses industry standard practices to safeguard your personal information, including firewalls and Secure Socket Layers. We utilize several different security techniques to protect data from unauthorized access, but We cannot guarantee the security of our system. We also do not guarantee uninterrupted or secure access to our system, as the operation of our Site can be interrupted by numerous factors outside of our control.
This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. The invalidity or un-enforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by www.sacredynamics.com to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of arbitration or litigation involving the enforcement or interpretation of this Agreement. You agree that other than affiliates or subsidiaries of www.sacredynamics.com, there are no intended third-party beneficiaries of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import.