Scope of Terms and Conditions
These terms and conditions apply to your use of all of the sites and services owned or operated by Extatica, Inc. These terms and conditions do not apply to your use of affiliated or unaffiliated sites to which any of the sites owned by Extatica, Inc. are linked. Please be aware that an Extatica, Inc. web sites may contain links to other web sites that are not covered by the terms conditions and privacy policies of Extatica,Inc. as stated here. Extatica is not responsible for the privacy practices of such other sites and we encourage our visitors to be aware when they leave our site. We recommend that our visitors read the privacy statements of each and every web site that collects personally identifiable information.
Restrictions on Use of Materials
The contents of our sites are protected by copyright and trademark laws, and are the property of their owners. Unless we say otherwise, you may access the materials located within the Sites only for your personal use. This means you may download one copy of posted materials on a single computer for personal, noncommercial home use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material you do not obtain any ownership rights in that material.
You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of Extatica, Inc. web sites. Only if you obtain prior written consent from us — and from all other entities with an interest in the relevant intellectual property — may you publish, display or commercially exploit any material from Extatica, Inc. web sites.
You must abide by all additional copyright notices or other restrictions contained in any of Extatica, Inc. web sites.
Extatica Inc. is not responsible for the availability, contents, advertising, products or other materials made available through any other site to which an Extatica Inc. web site is linked. Under no circumstances will Extatica be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site’s administrator or webmaster.
Other sites may link to a web site owned by Extatica, Inc. only through a plain-text link. Permission must be granted by Extatica, Inc. for any other type of link to an Extatica, Inc. web site. To seek Extatica’s permission, you may write to: Extatica, Inc. , 775 East Blithedale Ave. #524, Mill Valley, CA. 94941. Extatica, Inc. reserves the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to any of web sites belonging to Extatica,Inc., at our discretion at any time.
Extatica, Inc. welcomes your comments about any of its web sites. However, unless an Extatica Inc. web site has set up a specific submissions policy (please see Submissions for Community Section of www.Extatica.com, below), we will not review or consider any unsolicited creative submissions. We hope you will understand that this policy is intended to avoid the possibility of future misunderstandings in the event that projects developed by our professional staff might seem to others to be similar to their own creative work. Accordingly, we must ask that you not send us any original creative ideas, suggestions or materials. If, despite our request, you send us any creative idea, suggestion or material (“Submission”), it shall become our property. No Submission will be subject to any obligation of confidence by us, and we will not be liable for any use or disclosure of any Submission. We will exclusively own all known or later-existing rights to the Submission worldwide, and will be entitled to the unrestricted use of the Submission for any purpose, without compensation to the provider of the Submission.
Submissions for Community Section of www. Extatica.com
If you would like to submit your own original article, poetry or artwork for public display in the community section of Extatica.com, we will respect your copyright and post it with your copyright displayed. If you are submitting something to another Extatica, Inc. web site that has set up a submissions policy, please consult that web site for its specific requirements.
A “forum” means any message board, chat room, user review forum or other interactive service appearing on any of Extatica’s web sites and includes both public boards and private folders. You must register in accordance with instructions that you will find on an Extatica Inc. web site in order to contribute to any Extatica forum. You may not post on any forum, or send to any other forum user or our employee, any material that is abusive, vulgar, threatening, harassing, libelous, defamatory, obscene, invades a person’s privacy, violates any intellectual or other property rights, or that would otherwise violate any law. You may not use any forum in a commercial manner. You may not post material that solicits funds, or that advertises or solicits goods or services. You may not post material known to be false. You may not post messages that contain stock touts. You may not post or transmit any information, software or other material that contains a virus or other harmful component.
Extatica, Inc. is not responsible for material appearing in any forum on an Extatica web site, except for material signed by one of our identified representatives. We are not responsible for screening material posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. We retain, however, the right to modify or remove messages or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, stale, or otherwise unacceptable. We also reserve the right to edit materials for any other reason. Whether or not we modify or remove such material, users remain solely responsible for the content of their messages or postings.
By posting on an Extatica Inc. web site, you grant (or warrant that the owner of such rights has expressly granted) us and/or relevant affiliated companies the worldwide, perpetual, nonexclusive right to use your questions, comments, and postings, in their original or edited form, in television programs, books, articles, commentaries, or in any other medium now known or later developed. You also warrant that you own or otherwise control all of the rights to the content you have posted and that the public posting and use of such content by us will not infringe the rights of any third party. Additionally, you warrant that any “moral rights” in posted materials have been waived.
You are not entitled to any compensation for any materials you may post on an Extatica Inc. web site.
We may, at our discretion, suspend or terminate the registration of any forum user who violates any of these terms and conditions of use, any of the member guidelines or for any other behavior that we in our discretion believe is inappropriate.
No Personal Advice
The information contained in or made available through Extatica Inc. Web Sites (including but not limited to information contained on message boards, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, medical, mental health, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through Extatica Inc. web sites. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.
Much of the information available on Extatica Inc. web sites concerns the topic of sex and may not be appropriate for children. Further, these web sites are not directed to users under the age of 18 and we will not knowingly collect personally identifiable information from children under 18. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions. WE STRONGLY RECOMMEND THAT PARENTS PARTICIPATE IN THEIR CHILDREN’S EXPLORATION OF THE INTERNET AND ANY ONLINE SERVICES AND USE THEIR BROWSER’S PARENTAL CONTROLS TO LIMIT THE AREAS OF THE INTERNET TO WHICH THEIR CHILDREN HAVE ACCESS.
We control and operate this site from our offices in the United States of America. We do not represent that materials on the site are appropriate or available for use in other locations. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These terms will be governed by and construed in accordance with the laws of the State of California, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to these terms will be subject to binding arbitration in accordance with the California Arbitration Association and will be arbitrated in California. If any of these terms and conditions are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions, and will not affect the validity and enforceability of the remaining provisions. This is the entire agreement between you and us relating to the subject matter it contains. This agreement may be modified only by our posting of changes to these terms and conditions, or by a writing signed by both parties.
The services and materials on Extatica Inc. web sites are provided “AS IS” and without warranties of any kind, either express or implied.
Neither we nor any of our respective Licensors or supplier warrant that any functions contained in any Extatica Inc. web site will be uninterrupted or error-free, that defects will be corrected, or that the web sites or the server that makes them available are free of viruses or other harmful components.
Applicable Law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
We are not a party to, and do not monitor, any transaction between users and third party providers of products or services.
We reserve the right to charge fees, surcharges and/or membership fees for all or any of the services currently provided for free at any time upon thirty (30) days’ prior written notice to you.
Limitation of Liability
Under no circumstances, including but not limited to negligence, will we or any of our licensors or suppliers be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on Extatica,Inc. web sites, or any services provided pursuant to these web sites, even if advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall the total liability to you by us or any of our licensors or suppliers for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you to us, if any, for accessing the web sites.
(Last modified on March 26, 2004)