Terms of Service

PLEASE READ THESE TERMS OF SERVICE THOROUGHLY BEFORE USING THIS SITE.

1. Your Acceptance

By using or visiting the Crystal-Rose website, or any of its subsidiaries, subdomains, products, software, data feeds, and services provided to you on, from, or through the Crystal-Rose website (collectively “services”) you signify your agreement to: (1) these Terms of Service; and (2) our Privacy Policy (https://crystal-rose.org/privacy-policy/). If you do not agree to any of the terms contained below or to the Privacy Policy, please do not use our services.

We may, in our sole discretion, modify or revise these Terms of Service at any time, and you agree to be bound by such modifications or revisions. As such, you are welcome to periodically review the most up-to-date version of these Terms of Service. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.

2. Service

These Terms of Service apply to all users of our services, including users who are also contributors of content to our services. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, and other materials you may view on, access through, or contribute to our services.

Our website may contain links to third party websites that are not owned or controlled by Crystal-Rose. Crystal-Rose has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.

Our website is made available free of charge. We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. We may suspect or withdraw or restrict the availability of all or any portion of our website or other services for business and operational reasons.

3. Accounts

Certain parts of our services (including the ability to purchase paid digital content) may require an account in order to access said services. You must provide accurate and complete information for any accounts created by you. If you choose, or you are provided with, a user identification code, password, or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

You may never use another’s account without express permission from Crystal-Rose.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Service. If you know or suspect that anyone other than you knows your user identification code or password, you agree to promptly notify us at info@crystal-rose.org.

Although Crystal-Rose will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Crystal-Rose due to such unauthorized use.

4. General Use of the Service-Permissions and Restrictions

Crystal-Rose is the owner or the licensee of all intellectual property rights for our services, and any of the material published within our services, including any digital content available for sale or free of charge. These works are protected by copyright laws around the world. All such rights are reserved.

Crystal-Rose hereby grants you permission to access our services as set forth in these Terms of Service, provided that:

• You agree not to distribute in any medium any part of services or content of said services without Crystal-Rose’s prior written authorization, including the distribution of downloads Crystal-Rose may offer with various programs.
• You agree not to alter or modify any part of the services.
• You agree not to use the services for commercial uses unless you obtain prior written authorization from Crystal-Rose.
• You agree not to download any content unless you see a “download” or similar link displayed by Crystal-Rose on the services for that content.
• You agree not to copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content for any other purposes without the prior written authorization of Crystal-Rose.
• You agree not to circumvent, disable, or otherwise interfere with security-related features of the services or features that prevent or restrict use or copying of any content or enforce limitations on use of the services or the content therein.
• You may link to the pages in our website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
• You agree not to establish any link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists, and you agree not to establish a link to our site in any website that is not owned by you. Crystal-Rose does reserve the right to withdraw linking permission without notice.
• You agree the content of the services, and the trademarks, service marks, and logos found in the services, are owned by or licensed to Crystal-Rose, and are subject to copyright and other intellectual property rights under the law.
• You agree content is provided to you AS IS. You may access the content for your information and personal use solely as intended through the provided functionality of the services and as permitted under these Terms of Service.

If you violate these Terms and Conditions, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the material or content you have made.

5. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CRYSTAL-ROSE, ITS DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. CRYSTAL-ROSE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; and (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES.

6. Limitation of Liability

IN NO EVENT SHALL CRYSTAL-ROSE, ITS DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM: (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES; (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; AND (6) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CRYSTAL-ROSE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT CRYSTAL-ROSE SHALL NOT BE LIABLE FOR CONTENT.

The services are controlled and offered by Crystal-Rose from its facilities in the United States of America. Crystal-Rose makes no representations that the services are appropriate or available for use in other locations. Those who access or use the services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

7. Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Crystal-Rose, its directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (1) your use of and access to the services; (2) your violation of any term of these Terms of Service; (3) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (4) any claim that our Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the services.

8. Ability to Accept Terms of Service

You affirm that you are either more than eighteen (18) years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. You affirm that you are over the age of thirteen (13), as the services are not intended for children under the age of thirteen (13). If you are under thirteen (13) years of age, then please do not use the services.

9. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Crystal-Rose without restriction.

10. General

You agree that: (1) the services shall be deemed solely based in California; and (ii) the services shall be deemed a passive website that does not give rise to personal jurisdiction over Crystal-Rose, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California in the United States of America, without respect to its conflict of laws principles. Any claim or dispute between you and Crystal-Rose that arises in whole or in part from the services shall be decided exclusively by a court of competent jurisdiction located in Sonoma County, California. These Terms of Service, together with the Privacy Policy and any other legal notices published by Crystal-Rose on the services, shall constitute the entire agreement between you and Crystal-Rose concerning the services. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Crystal-Rose’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Crystal-Rose reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the services following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND CRYSTAL-ROSE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

This Terms and Services was last updated on 21 March 2019.