1. Acceptance of Terms of Service
FREELOVESPELLS.ca / SpellEnchantments.com is provided free of charge to you (unless otherwise indicated), by Spell Enchantments that utilize these Terms of Service ("Spell Enchantments"). The Spell Enchantments website and business is defined as all English language Canadian based web sites, web pages and channels owned controlled and/or operated by Spell Enchantments where these Terms of Service are posted, including but not limited to all content, tools, quizzes, digital products, spell casting products, service of enchanting jewelry, events, courses, class and/or products appearing throughout FREELOVESPELLS.ca & SpellEnchantments.com, including templates and personal writings through email. Although majority of Spell Enchantments may be viewed simply by visiting the web site, in order to access the message boards and/or receive additional services through email from Spell Enchantments you need to sign on as a guest (request through newsletter form or questions forum) or register as a member of the Spell Enchantment’s Community. If you sign on to the Spell Enchantments as a guest, email me a question, sign yourself up to the Ashra Insider newsletter, buy a product or enchanting service from the website, these Terms of Service will govern your use of the Spell Enchantments, including access to message boards and other features. BY SIGNING ON AND/OR ENGAGING IN CONTACTING ASHRA OR SPELL ENCHANTMENTS REGARDLESS OF METHOD, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME. These Terms of Service, together with any applicable additional Terms of Service posted in connection with a particular service, product, digital product, enchanting service, personal opinion offered, event or course govern your use of the Spell Enchantments and all services, products, digital products, enchanting service, spell casting energy influence, events and courses provided in connection with the Spell Enchantments, including but not limited to any course, spell casting service, enchanting service, personal opinion offered over conversation, service, product, digital product, events or personal website provided to you by Spell Enchantments. Spell Enchantments shall not be liable to you for any breach of these Terms of Service. If you do not agree to these Terms of Service, please do not register for, contact Ashra or Spell Enchantments for, or sign up for any newsletter or further explore Spell Enchantments. The Terms of Service for your continued use of the Spell Enchantments will be available throughout the Spell Enchantments website and in condensed form through corresponding emails in relations with Spell Enchantments. You are responsible for checking this page of Spell Enchantments to determine whether a change has been made to these Terms of Service. The modification date has been providing above the Terms of Service for your convenience. If you do not agree to these changes in the Terms of Service as they may occur, please arrange to terminate your contact with the Spell Enchantments immediately by (i) notifying Spell Enchantments of your unwillingness to accept the changes to the Terms of Service; and (ii) discontinuing your use AND contact with Spell Enchantments. Your continued use of the Spell Enchantments will signify your acceptance of any change in the terms and conditions set forth herein. Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the Spell Enchantments, including but not limited to all content, services, spell casting products, enchanting services, psychic services, digital products, courses, classes, events, tools, website information, email information distributed to you or products is hereby expressly prohibited.
From time to time Spell Enchantments may supplement these Terms of Service with additional terms pertaining to specific content, services, products, digital products, courses or events ("Additional Terms"), which Additional Terms may be placed on the Spell Enchantments website to be viewed in connection with the specific content, services, spell casting service, enchanting service, products, digital products, courses or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Service.
2. Registration Information/Privacy Policy
When you register and/or contact for the Spell Enchantments, it will be suggested to provide Spell Enchantments with the following information: your full name, e-mail address, zip code or postal code, country, gender, birth date, and personal information or problems in relationship to entertainment purposes. In addition, you may choose to provide the Spell Enchantments with additional information, including your mailing address, household income, education, marital status, personal problems, deepest thoughts and employment status.
Any information provided by you or gathered by Spell Enchantments during any visit to the Spell Enchantments shall be kept confidential and held within the company of Spell Enchantments. Your information will not be sold, offered in exchange for or volunteered to a third party or another company. It will be used for the purpose of carrying out the Entertainment service, spell casting service, enchanting service, orders, products and/or general correspondence with yourself and Spell Enchantments.
Spell Enchantments reserves the right to (i) terminate correspondence with a client at the discretion of Spell Enchantments and reject the order of services, products, psychic readings, spell casting services, enchanting services, digital products, products, classes, courses, information offered on situations as a friend or events, and (ii) contact your parents and inform them, should you be found to be under the age of 18 and (iii) contact police in regards to the information provided should you show extreme warnings of suicidal thoughts, a gambling habit, or any other reason of similar nature.
3. Termination
Spell Enchantments reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms of Service; and/or (ii) your entertainment involvement with or ability to access Spell Enchantments and/or any other service, specific content, mailing promotions, spell casting services, psychic reading services, enchanting services, digital products, products, courses, classes or events, provided to you by Spell Enchantments, including any Spell Enchantment connections, influence, access, involvement, and/or participation, upon any breach by you of these Terms of Service or otherwise.
4. Modifications of these Terms of Service
Spell Enchantments may modify these Terms of Service from time to time in its sole discretion. Each time you log on, visit or send any email to Spell Enchantment, you will be deemed to have accepted any such changes. In the event we modify these Terms of Service, we reserve the right (at Spell Enchantments' discretion) to provide you notice of such changes to any e-mail address you have provided to Spell Enchantments, or post office address you have provided to Spell Enchantments. You must visit this page, prior to ordering, interacting with the website, replying to email, any form of correspondence, service, product, including spell casting services, enchanting services, participation on the message boards and digital products.5. Modifications of Spell Enchantments
Spell Enchantments may modify or discontinue products, services, entertainment options, resources, message board services, or any portion thereof or any services, digital products, products, events or courses related thereto, with or without notice to you and without liability to you or any third party, except as otherwise provided herein.6. Content of Messages
You alone are responsible for the content of your messages, emails and any consequences of such messages. Spell Enchantments reserves the right to terminate your registration, participation, entertainment service or ability to access resources on the Spell Enchantments website if Spell Enchantments becomes aware and determines, in its sole discretion, that you are violating any of the following guidelines.
Any use by you of any other subscriber's information, personal or otherwise, for any purpose, commercial or otherwise, or to obtain direct financial gain (e.g. mass marketing) is prohibited. This includes, but is not limited to, eBay’s feedback left by other participates of this entertainment service, website message boards, a mistake in email correspondence or any other possible situation. Any such use shall be deemed to be a violation of these Terms of Service. Spell Enchantments is to be used by you for your personal use only. Commercial uses or gain Spell Enchantments is strictly prohibited unless prior written consent from Spell Enchantments has been granted. You agree that you will not use the content of Spell Enchantments either on the website or provided to you in email format for research study or survey, solicitations, junk mail, "spamming," commercial or non-commercial solicitations, personal use on your website, personal profit or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such list. You agree that the documentation, product descriptions, website articles, website write ups or any other text send through email by Spell Enchantments will be used in any format without written consent of Spell Enchantments. Copyright infringers will be prosecuted in a Canadian court system. There is zero tolerance for the implicit or explicit use of Spell Enchantment material, including but not limited to, email templates offered during entertainment and/or website related text.
You further agree not to use, send or distribute on Spell Enchantments to send or post on message boards, promote through emails, other contact abilities or any place on Spell Enchantments, any message or material of any kind or nature that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented (unless within the scope of describing your problem or requesting a product), racially offensive, inaccurate, or otherwise objectionable material or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. For purposes of the immediately preceding sentence, "masked" vulgarity, obscenity or profanity (e.g. "f*ck") is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your post, message, emails or otherwise on Spell Enchantments or during the contact of Spell Enchantments. Spell Enchantments reserves the right to delete any such material from the message boards, block your email address, phone, other contact with you, and/or file lawsuit regarding these issues. Harassment will not be tolerated in the community, during contact with Spell Enchantments or any place/contact associated with Spell Enchantments. Spell Enchantments will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Service contained in this Section 6.
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee, another client or consultant of Spell Enchantments. You further agree not to use an inappropriate member name, nick name of any kind within Spell Enchantments or during contact.
You agree not to post or use the Spell Enchantment message boards or communication resources to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
You acknowledge that (i) Spell Enchantments permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other laws govern your use of such content. You agree to be bind to Canadian courts and law system should you purchase from Spell Enchantments, participate in entertainment, enchanting services, spell casting services, psychic services or other related entertainment through Spell Enchantments. You may not post to the Spell Enchantment message boards, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that any information, software, images or any other content on the Spell Enchantments message boards is not protected by Rights rests with you. You acknowledge that Spell Enchantments may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.
By submitting content and/or emailing content which shall include your member name, to any "public area" of the Spell Enchantments message board and/or participation systems, including message boards, forums, contests, personal websites, email correspondence and chat rooms, you grant Spell Enchantments a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Spell Enchantments message boards retains any and all Rights that may exist in such content.
ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, BY SUBMITTING CONTENT TO ANY MESSAGE BOARDS, CHATS, EXPERT AREAS, QUESTION AND ANSWER FORUMS, SWEEPSTAKES, EMAIL CORRESPONDENCE, CONTESTS OR ANY OTHER AREA ON SPELL ENCHANTMENTS, YOU HEREBY EXPRESSLY PERMIT SPELL ENCHANTMENTS TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT, UNLESS YOU OTHERWISE NOTIFY SPELL ENCHANTMENTS' LEGAL DEPARTMENT IN WRITING AT THE TIME YOU SUBMIT THE CONTENT THAT YOU DO NOT WISH TO BE IDENTIFIED.7. Registration and Password
You are responsible for maintaining the confidentiality of your information and password on Spell Enchantments message boards. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Spell Enchantments of any unauthorized use of your registration or password.
8. Claims of Copyright Infringement & Trademark Protections
The Copyright Act for Canadian protected material is active within Spell Enchantments on all product descriptions, email templates, general write ups, newsletters, promotions and/or text material on the website. All work has been registered with the Government of Canada within their Quebec office in Gatineau. You agree that the use of any text provided by Spell Enchantments in ANY form, including but not limited to website text, email correspondence, newsletters, promotions, general help, etc. is strictly prohibited. Should any work written by Spell Enchantments be found on another website, physical medium, in email correspondence from one person to another where neither person is Spell Enchantments, offered through email as your own work, radio, advertisement or ANY reproduction of ANY text of Spell Enchantment, including website text, email text, TEXT from participation in entertainment related to Spell Enchantment, but not limited to these things, will be considered copyright infringement and will be prosecuted in the Canadian court system. Any reproduction of any text, including product descriptions, email templates, newsletters, promotions, mail correspondence or otherwise related in nature is strictly prohibited. http://laws.justice.gc.ca/cgi-bin/notice.pl?redirect=/en/C-42/index.html
You agree by participating in Spell Enchantments, including ordering spell casting services, enchanting services, psychic reading services, general questions through the website, signing up for newsletters, participating in message boards on Spell Enchantments or any involvement in Spell Enchantments grants permission to Spell Enchantments to use means to ensure that you are not participating in copyright infringement. This includes, but is not limited to, weekly search of websites for material published or offered in email correspondence in relations to Spell Enchantments, anonymous correspondence with people who run similar business that have transactions with Spell Enchantments now or in the past, random purchases of products suspected to infringe upon the rights of Spell Enchantments or other means of protecting copyrights. You agree by participating in Spell Enchantments, that your information can be used to ensure quality protection of copyright related material.
Spell Enchantments provides recourse for copyright owners who believe that material appearing on the Spell Enchantment message boards infringes their rights under Canadian copyright law. If you believe in good faith that materials hosted on the Spell Enchantments message boards infringes your copyright, you (or your agent) may send Spell Enchantments a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Spell Enchantments to locate the material on the Spell Enchantments message board; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Spell Enchantments a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://strategis.ic.gc.ca/sc_mrksv/cipo/new/ciponews/news_apr0805-e.html for details. Notices and counter-notices with respect to this website should be sent to: Spell Enchantments, Vice President of Legal Affairs, Spell Enchantments. Spell Enchantments suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
Spell Enchantments has several active trademarks. Those who are found representing a Spell Enchantment trademark elsewhere will be prosecuted. There is a zero tolerance for misdirecting, misleading or misinforming the general public by deceptively representing yourself as Spell Enchantments or representing one of Spell Enchantments products, services, trademarks, offers, promotions, coined phrases as your own. Canadian trademark laws are active within this website. You agree to be bound by Canadian law during your participation, correspondence, entertainment experience, or any other involvement of Spell Enchantments that you have from the moment you take action to correspond with Spell Enchantments, order from Spell Enchantments or participate in any actions on the Spell Enchantments website.
9. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF SPELL ENCHANTMENTS, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, DIGITAL PRODUCTS, ENCHANTING SERVICES, SPELL CASTING SERVICES, PERSONAL ADVICE GIVEN AS A FRIEND BY ASHRA, NEWSLETTERS, PROMOTIONS, COURSES, EVENTS, TOOLS AND PRODUCTS PURCHASED THROUGH SPELL ENCHANTMENTS, IS AT YOUR SOLE RISK. SPELL ENCHANTMENTS IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SPELL ENCHANTMENTS IS AN ENTERTAINMENT SERVICE. YOU ACKNOWLEDGE THAT ADVICE, PSYCHIC READINGS, SPELL CASTING SERVICES, ENCHANTING SERVICES AND OTHER ENTERTAINMENT PROVIDED TO YOU IN ANY FORM IS NOT TO BE SUBSTITUDED FOR PROFESSIONAL, LEGAL, MEDICAL HELP OR ADVICE. YOU AGREE THAT SPELL ENCHANTMENTS IS OFFERING A PERSONAL OPINION AS A FRIEND, THROUGHOUT CORRESPONDENCE AND OFFERING THIS SERVICE FOR ENTERTAINMENT PURPOSES ONLY.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SPELL ENCHANTMENTS IS 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 SUCH MATERIAL AND/OR DATA. USE OF THAT INFORMATION WILL BE PROSCECUTED.
YOU UNDERSTAND AND AGREE THAT SPELL ENCHANTMENTS DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PUROSE OF ANY INFORMATION PROVIDED IN CONNECTION WITH SPELL ENCHANTMENTS. SPELL ENCHANTMENTS IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER SPELL ENCHANTMENTS NOR ITS MESSAGE BOARD MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN SPELL ENCHANTMENTS, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. SPELL ENCHANTMENTS ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.
SPELL ENCHANTMENTS SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN SPELL ENCHANTMENTS, ITS DIGITAL PRODUCTS OR SERVICES. YOUR PARTICIPATION IN SPELL ENCHANTMENTS IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SPELL ENCHANTMENTS OR THROUGH THE SPELL ENCHANTMENTS MESSAGE BOARDS, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SPELL ENCHANTMENTS MAKES NO WARRANTY REGARDING ANY GOODS, SERVICES, DIGITAL PRODUCTS, SPELL CASTING SERVICES, ENCHANTING SERVICES, PSYCHIC READING SERVICES, ENCHANTMENTS, NEWSLETTERS, PROMOTIONS, CORRESPONDENCE, EVENTS, COURSES, CONTENT, TOOLS OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE SPELL ENCHANTMENTS MESSAGE BOARDS OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SPELL ENCHANTMENTS.
SPELL ENCHANTMENTS IS NOT RESPONSIBLE FOR ANY CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE THE SPELL ENCHANTMENTS.COM & FREELOVESPELLS.CA DOMAINS. AS A CONVENIENCE TO OUR MEMBERS, ENTERTAINMENT CLIENTS & VISITORS WE MAY WE MAKE NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH SPELL ENCHANTMENTS MAY PROVIDE LINKS, OR SPONSORSHIPS TO AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST SPELL ENCHANTMENTS WITH RESPECT TO SUCH SITES.
BY PERMITTING CLASSIFIED, SPONSORED AND PERSONAL ADVERTISING, SPELL ENCHANTMENTS MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY OF THE CONTENT OR SUITABILITY OF THE SUBJECT MATTER OF ANY SUCH ADVERTISEMENT. SPELL ENCHANTMENTS SPECIFICALLY DISCLAIMS LIABILITY FOR DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM SUCH ADVERTISEMENTS. BY POSTING/REQUESTING POST OF A PERSONAL, SPONSORED LINK OR LINKS PAGE ADVERTISEMENT ON SPELL ENCHANTMENTS, YOU ARE PROMISING THAT THE CONTENT OF YOUR ADVERTISEMENT IS TRUE AND THAT YOU WILL INDEMNIFY SPELL ENCHANTMENTS AGAINST ANY CLAIMS WHICH MAY ARISE FROM YOUR ADVERTISEMENTS. BY RESPONDING TO OR CLICKING ON A CLASSIFIED, SPONSORED LINK, LINKS PAGE OR PERSONAL ADVERTISEMENT ON SPELL ENCHANTMENTS, YOU WAIVE ANY CLAIMS AGAINST SPELL ENCHANTMENTS FOR DAMAGES ARISING FROM SUCH ADVERTISEMENT OR YOUR RELIANCE UPON STATEMENTS IN SUCH ADVERTISEMENT.
10. Limitation of Liability
SPELL ENCHANTMENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE SPELL ENCHANTMENTS OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, SERVICES, DIGITAL PRODUCTS, SPELL CASTING SERVICE, ENCHANTING SERVICE, PSYCHIC READING SERVICE, EVENTS, COURSES AND/OR CONTENT PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH SPELL ENCHANTMENTS OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF SPELL ENCHANTMENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. E-Mail Message Storage
Spell Enchantments assumes no responsibility for the deletion of or failure to store e-mail messages within an email@spellenchantments.com account.
12. Indemnification
You agree to indemnify and hold each of Spell Enchantments, its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of Spell Enchantments and/or Spell Enchantments message boards, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber or user of your account, of any intellectual property or other right of any person or entity.
14. Applicable Law
These Terms of Service shall be governed by and construed in accordance with the laws of the Province of Ontario, without giving effect to its conflicts of laws provisions. By registering for, participating in or corresponding with the SPELLENCHANTMENTS.COM & FREELOVESPELLS.CA domains, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Ottawa, Ontario.
15. Remedies for Breach of these Terms by You
In the event that Spell Enchantments determines, in its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for the Spell Enchantments message boards, Spell Enchantments reserves the right to (i) warn you via email (to any email address you have provided to Spell Enchantments) that you have violated these Terms of Service; (ii) delete any or all content provided by you or your agent(s) to the Spell Enchantments message boards or other mediums of communication located within the FREELOVESPELLS.CA & SPELLENCHANTMENTS.COM domains; (iii) discontinue your registration(s), participation, entertainment services with the Spell Enchantments and/or any other Spell Enchantments community; (iv) discontinue your subscription to any digital product, product, spell casting service, psychic readings service, enchanting service, course, event, content, tool or service purchased through Spell Enchantments; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action which Spell Enchantments deems to be appropriate.
If your registration(s) with or ability to access Spell Enchantments, any other Spell Enchantments community and/or any other service, product, content, course, event, tool or digital product provided to you by Spell Enchantments is discontinued by Spell Enchantments due to your violation of any portion of these Terms of Service or for conduct otherwise inappropriate for the community of the Spell Enchantments message boards, then you agree that you shall not attempt to re-register with or access the Spell Enchantments Message boards, any other Spell Enchantments community and/or any other digital product, course content or service provided by Spell Enchantments, through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those digital products, products, courses events or content and services to which your access has been terminated. In the event that you violate the immediately preceding sentence, Spell Enchantments reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (i), (ii), (iii), (iv), (v) and (vi) of this provision without any notice or warning to you.
16. Miscellaneous
In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
Spell Enchantments may assign its rights and obligations under these Terms of Service and upon such assignment Spell Enchantments may be relieved of any further obligation hereunder.
You represent to Spell Enchantments that you have the authority to register with or visit the Spell Enchantments Message boards according to these Terms of Service. Spell Enchantments does not encourage, solicit, or permit visitors who are known to be under the age of 18 to become a member, contact, participate in entertainment of or visit Spell Enchantments.
These Terms of Service and any Additional Terms (as such terms shall be identified when posted on the Spell Enchantments Message boards or Spell Enchantments by Spell Enchantments) constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of Spell Enchantments, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.
Spell Enchantments reserves the right to terminate free access to the Spell Enchantments Message boards including any or all content, services, digital products, products, events, courses or tools with or without notice to you. Spell Enchantments reserves the right (at Spell Enchantments' discretion) to provide you with notice of such change by prominently posting a notice on the Spell Enchantments Message boards and/or sending written notice to you at any e-mail and/or post office address you have provided to Spell Enchantments. Once free access is terminated Spell Enchantments may charge each subscriber any applicable fee, surcharge and/or membership fee for access to the Spell Enchantments Message boards and/or any for-pay content, services, digital products, products, events, tools or products.
