Terms of Service
Introduction
This website (or other service) is operated by CrissAngel.com (“CrissAngel.com” or “we”). These Terms of Service (“TOS”) govern each user’s access to and use of this site services provided by CrissAngel.com(the “Services”), whether accessed through the World Wide Web or any other medium or device now known or hereafter invented. The Services may include any one or more of the following: accessing, viewing and/or using a website, whether publicly accessible or with restricted access; fan clubs and other subscription sites; contests; email subscription lists; search services; Mobile Services (described below); online stores (and other shopping services) for the browsing and purchasing of merchandise, tickets to concerts and other events, and other items; email, chat, instant messaging, message boards, comments, forums, blogs, social networking, and other forms of online and/or electronic communication; the uploading and downloading of music, photos, text, video, and other audio and visual content; the viewing of and listening to audio and visual content; personalized content and other creative and/or interactive tools and activities; and any other features, functionality, materials or activities which may be available from time to time on a CrissAngel.com site or other Service.
The Services may also include certain services that are available via your mobile phone, including, but not limited to, (i) the ability to upload content to the Services via your mobile phone, (ii) the ability to receive and send messages, and (iii) the ability to browse the Services from your mobile phone (collectively, the “Mobile Services”). Whether or not CrissAngel.com charges for some or all of these Mobile Services, your mobile telephone carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. By using the Mobile Services, you agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device and that information about your usage of the Mobile Services may be communicated to us.
Age Requirements
In order to use the Services, you must be at least 13 years of age. If you are under 13-years-old, you may not use the Services and you are instructed to leave this website or other Service. If you are between the ages of 13 through 17 years, you may use the Services only under the supervision and with the written consent of your parent or legal guardian. Your profile, membership, subscription, registration, posted content, messages, communications, and/or other materials or accounts may be deleted and or terminated without refund or warning if we believe, in our sole discretion, that you are under 13 years of age, or are between the ages of 13 through 17 years and are utilizing Services while not under the supervision and/or without the written consent of your parent or legal guardian.
Legal Agreement Between You and CRISSANGEL.COM; Visitors and Registered Users
These Terms of Service (TOS) constitute a legal agreement between the user of the Services (“you”) and CrissAngel.com. You must accept and agree to, without modification, all of the terms, conditions, restrictions and notices contained in this TOS in order to access and/or use the Services. By using the Services, you agree to be legally bound by this TOS, whether you are a “Visitor” (which means that you only browse a site on the Service) or a “Registered User” (which means that you have registered as a user of the Services). As used herein, the terms “users” and “you” refer to both Visitors and Registered Users of the Services. You are authorized to use the Services (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws and this TOS. Please read this TOS carefully and in its entirety. If you do not agree with all of these terms, you should leave this website and discontinue use of the Services immediately. If you do not accept this TOS in its entirety, you do not have permission to access or use the Services.
Modification of these Terms of Service
CrissAngel.com may wish to update or change this TOS from time to time to reflect changes in the Services, changes in the laws affecting the Services, changes in CrissAngel.com’s policies, or for other reasons. When we do, CrissAngel.com will endeavor to provide notice to users in one or more of the following ways: (1) CrissAngel.com will update the “last updated” date at the bottom of this TOS; (2) CrissAngel.com may post notice of the update on the website or other Service; and/or (3) CrissAngel.com may email notice of the update to the Registered Users. You understand that CrissAngel.com reserves the right to make these changes and that you are responsible for regularly reviewing this TOS as posted on the website or other Service. Continued access to or use of the Services after any such change shall constitute your consent to such change. Unless explicitly stated otherwise, any new features that change or improve the Services shall be subject to this TOS, as modified from time to time.
Privacy Policy
You may be required to register to use the Services..To register, you may be required to provide information about yourself, and you are required to update this information as necessary in order to keep it current. Additionally, data pertaining to your online communications, transactions, purchase history and usage patterns may be collected, analyzed and stored. CrissAngel.com agrees that it will use and/or disclose your personal information in accordance with the terms of the Privacy Policy. The Privacy Policy is hereby incorporated by reference into this TOS. By agreeing to this TOS, you are also agreeing to the Privacy Policy. Please carefully review the Privacy Policy. If you do not accept the Privacy Policy in its entirety, you are not permitted to access or use the Services. The Privacy Policy shall supersede any conflicting terms contained in this TOS.
III. Community Standards
You Are Responsible For Activities on Your Account
If you are given a password to access the CrissAngel.com Services, you are responsible for maintaining the confidentiality of your password. Furthermore, you are responsible for all activities that occur in your account and you agree to notify CrissAngel.com immediately of any unauthorized use of your account. CrissAngel.com is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.
Please choose carefully the information you post via the CrissAngel.com Services or provide to other users. Your publicly available profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other CrissAngel.com users (for instance, in their publicly available profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and CrissAngel.com assumes no responsibility or liability for this material. If you become aware of misuse of the CrissAngel.com Services by any person, please email: CS@CrissAngel.com
Prohibited Uses
You agree that you will not: (i) use the CrissAngel.com Services for any purpose that is unlawful or contrary to these terms and conditions; (ii) use the CrissAngel.com Services in any manner that could damage, disable, overburden, or impair the CrissAngel.com Services or interfere with any other party’s use and enjoyment of them; (iii) attempt to gain unauthorized access to any CrissAngel.com user account, computer systems or networks associated with the CrissAngel.com Services; or (iv) obtain or attempt to obtain any materials or information through the CrissAngel.com Services by any means not intentionally made available or provided for.
Prohibited Content
You agree not to post, submit, upload or otherwise display prohibited content on or through the CrissAngel.com Services, including, but not limited to, text, photos, illustrations, graphics, audio clips, video clips, and other music and video files (all of these things are commonly referred to as “Content”). The following is a partial list of the kind of Content that is illegal or prohibited to post submit, upload or otherwise display on or through the CrissAngel.com Services. CrissAngel.com reserves the right to investigate and take appropriate legal action against anyone who, in CrissAngel.com sole discretion, violates this provision, including without limitation, removing the offending communication from CrissAngel.com Services and terminating the subscription, membership, registration and/or use of such violators. Prohibited content includes, but is not limited to Content that, at the sole discretion of CrissAngel.com:
Is patently offensive or promotes or constitutes racism, bigotry, hatred, bullying, or physical harm of any kind against any group or individual;
Uses racial, religious or ethnic slurs, sexually discriminative or homophobic language, cussing, or derogatory labeling;
Harasses, bullies or advocates harassment or bullying of another person;
Exploits people in a sexual or violent manner;
Contains nudity, violence, or offensive subject matter or contains a link to an adult or pornographic website;
Solicits personal information from anyone under 18;
Publicly discloses another individual’s private information (such as telephone numbers, street addresses, or last name), or any modified version thereof, without the individual’s consent;
Promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
Promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or video or links to pirated music or video files;
Involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, unsolicited instant messaging, “spimming,” or “spamming”;
Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
Solicits passwords, promotional codes, access codes, gift codes or personal identifying information for commercial or unlawful purposes from other users;
Involves commercial activities and/or sales without CrissAngel.com’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
Includes a photograph of another person, or any modified version thereof, that you have posted without that person’s consent.
Posting of subscription service exclusive content, including media, news, links, etc.
Prohibited Activity
The following is a partial list of the kind of activity that is illegal or prohibited on or via the CrissAngel.com Services. CrissAngel.com reserves the right to investigate and take appropriate legal action against anyone who, in CrissAngel.com’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”);
Criminal, illegal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
Advertising to, or solicitation of, any user to buy or sell any products, services or data through the CrissAngel.com Services;
Soliciting any user to buy, sell, lend, transfer or give away passwords, promotional codes, gift codes or other access codes;
Exporting encryption software over the Internet or otherwise to points outside the United States;
Covering or obscuring the banner or other advertisements on your personal profile page or other page via HTML/CSS or any other means;
Any automated use of the system, such as using scripts to add friends or send comments or messages;
Interfering with, disrupting, or creating an undue burden on CrissAngel.com Services or the networks or services connected to the CrissAngel.com Services;
Attempting to impersonate another user or person;
Using the account, username, or password of another user at any time or disclosing your password to any third party or permitting any third party to access your account;
Selling or otherwise transferring your profile;
Using any information obtained from the CrissAngel.com Services in order to harass, abuse, bully, or harm another person;
Displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the CrissAngel.com Services, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose; OR
Using the CrissAngel.com Services in a manner inconsistent with any and all applicable laws and regulations.
User Disputes
You are solely responsible for your interactions with other users of CrissAngel.com Services. We reserve the right, but have no obligation, to monitor disputes between you and other users.
Posting
You are cautioned not to post your own personal information in the interest of safety. You should not post your address, telephone number, or anything that might put you at risk. CrissAngel.com is not responsible for monitoring this information, and CrissAngel.com is not liable for any consequences that may result from the exchange of this information.
CrissAngel.com does not police copyright violations. If any user is reported to have violated copyrighted material, CrissAngel.com is not liable for any damages resulting from such violation. Additionally, the violating user is subject to ban as a result of posting copyrighted material without authorization.
Content Available on the CrissAngel.com Services
The CrissAngel.com Services and all the content offered through it, including, but not limited to, text, photos, graphics, audio clips, video clips, other music and video files and everything else you see and hear through the CrissAngel.com Services (all of these things are commonly referred to as “Content”) are owned exclusively by CrissAngel.com or others who have licensed their material to CrissAngel.com. The Content is therefore protected by copyrights or other proprietary rights, which means that you and others using the CrissAngel.com Services are not permitted to use the Content (and that includes modifying, copying, downloading, uploading or distributing the Content) except as outlined in the Terms of Service. You are authorized only to make personal, noncommercial use of the Content. All rights not expressly granted to you in the Terms of Service are reserved by CrissAngel.com (or its licensors as the case may be). Also, any of the names and logos (which are commonly referred to as “Trademarks”) that appear on the CrissAngel.com Services are owned by CrissAngel.com or their respective owners. The Trademarks may not be used in any manner without the prior permission of the owners. You understand that any unauthorized use of the Trademarks or Content would result in irreparable injury to CrissAngel.com for which money damages would be inadequate and in such event CrissAngel.com will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.
Copyright Policy
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of CRISSANGEL.COM to terminate, without refund, user privileges of any user who infringes the copyright rights of others upon receipt of proper notification to CrissAngel.com by the copyright owner or the copyright owner’s legal agent.
Please note CrissAngel.com operates in compliance with the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. 512).
If you are a copyright owner or agent thereof and believe that any user generated content infringes upon your copyright(s), You may submit a notification in writing that includes all of the following, pursuant to the DMCA protocol described below (or see 17 U.S.C. 512 (c)(3)):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and electronic mail;
A statement that you have 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
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
CrissAngel.com’s Designated Copyright Agent assigned to receive notifications may be contacted as follows:
CrissAngel.com
Attn: Copyright Agent
Street Address
City, State ZIP
Email: Info@CrissAngel.com
You acknowledge that if you fail to comply with all of the requirements listed above and described in detail in 17 U.S.C. 512 (c)(3), then your DMCA notice may not be valid.
If you posted content on the CrissAngel.com Service and it was removed due to a DMCA notice filed against you, you may protest the content removal if you believe you own the copyright for the content you posted by filing a counter-notice. You may submit a counter-notification in writing that includes all of the following, pursuant to the DMCA protocol described below (or see 17 U.S.C. 512 (g)(3)):
A physical or electronic signature of the subscriber (note: the person or entity that posted the material is considered the “subscriber”);
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
The subscriber’s name, address, telephone number and email address, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided the notice to remove the material, or an agent of such person.
CrissAngel.com’s Designated Copyright Agent assigned to receive counter-notifications is:
CrissAngel.com
Attn: Copyright Agent
Street Address
City, State ZIP
Email: Info@CrissAngel.com
You acknowledge that if you fail to comply with all of the requirements listed above (and described in detail in 17 U.S.C. 512 (g)(3) that your DMCA counter-notice may not be valid.
Customer Support
CrissAngel.com may provide information about how to use the CrissAngel.com Services. If you have any questions about the CrissAngel.com Services or any problems that you would like to report, please email CS@CrissAngel.com. We endeavor to answer all enquiries within two (2) business days, but please allow longer.
IV. Additional Terms and Conditions
Personal and Non Commercial Use Only
You may use the CrissAngel.com Services for your own personal and non-commercial purposes only. Each CrissAngel.com account is to be used by a single user only, and you may not share or allow or permit anyone else to use your CrissAngel.com account to access the CrissAngel.com Services. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services that are part of the CrissAngel.com Services except as expressly provided in this TOS.
Illegal and/or unauthorized use of CrissAngel.com Services is prohibited, including, but not limited to (i) collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, (ii) unauthorized framing of or linking to a CrissAngel.com Site or part thereof; and (ii) placing advertising or attempting to collect revenue from advertisements placed on user profiles or other areas of a CrissAngel.com Site. Except as expressly authorized per a written agreement with CrissAngel.com, commercial advertisements, affiliate links, and other forms of solicitation are expressly prohibited, and CrissAngel.com reserves the right to remove them from user profiles or other areas of a CrissAngel.com Site without notice at our sole discretion; and such unauthorized advertisement or solicitation may result in termination of user registration, membership and other privileges, again, at our sole discretion. Appropriate legal action may be taken for any illegal or unauthorized use of CrissAngel.com Services.
Delay or Failure to Provide Services
CrissAngel.com is not responsible for any delay or failure to provide content, materials or other Services where such delay or failure is due to causes outside of CrissAngel.com’s control, including, but not limited to, system downtime, internet connectivity issues, power outages. Regardless of any promises, statements or representations made to you, any such failure or delay will not entitle you to any credit or refund of fees.
Third-Party Sites
CrissAngel.com Sites contain links to other websites controlled or operated by persons and companies other than CrissAngel.com (“Linked Sites”). The Linked Sites are not under the control of CrissAngel.com and CrissAngel.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. CrissAngel.com is not responsible for web casting or any other form of transmission received from any Linked Site, nor is CrissAngel.com responsible if the Linked Site is not working correctly. These links are provided to you only as a convenience, and the inclusion of any link does not imply endorsement by CrissAngel.com of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of service posted at the Linked Sites. You are solely responsible for any dealings with third parties (including advertisers) who support the CrissAngel.com Services or are identified on CrissAngel.com Sites, including the delivery of and payment for goods and services.
Your Feedback and Suggestions Submitted To CrissAngel.com
CrissAngel.com wants your voluntary feedback and suggestions regarding the Services so that we can continually improve the Services for you and other customers. When you submit feedback and suggestions, please understand that CrissAngel.com needs to have full rights to use your feedback and suggestions without any encumbrances. In particular, you understand and agree that by submitting any feedback or suggestions to CrissAngel.com, you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting CrissAngel.com and its affiliated companies permission to use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such feedback or suggestions, and to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the feedback or suggestions. These grants include the right to exploit any proprietary rights in such feedback or suggestions, including rights under copyright, trademark, service mark or patent laws in any relevant jurisdiction. No compensation will be paid with respect to CrissAngel.com use of the materials contained within such feedback or suggestions. CrissAngel.com is under no obligation to post or use any materials you may provide and may remove such materials at any time at CrissAngel.com sole discretion. This section is not applicable to any personally identifiable information that you provide in connection with your registration for the CrissAngel.com Services, or to any data pertaining to your online transactions, purchase history or usage patterns. For terms and conditions governing the use of such information and data, please refer to the Privacy Policy.
Warranty Disclaimer
CRISSANGEL.COM AND ITS SUPPLIERS, LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTY ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND OTHER MATERIALS CONTAINED ON OR OBTAINED THROUGH THE CRISSANGEL.COM SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. CRISSANGEL.COM AND ITS SUPPLIERS, LICENSORS AND AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Limitation of Liability
IN NO EVENT SHALL CRISSANGEL.COM, ITS SUPPLIERS, LICENSORS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE CRISSANGEL.COM SERVICES, WITH THE DELAY OR INABILITY TO USE THE CRISSANGEL.COM SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE CRISSANGEL.COM SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE CRISSANGEL.COM SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF CRISSANGEL.COM OR ANY OF ITS SUPPLIERS OR AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE CRISSANGEL.COM SERVICES, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CRISSANGEL.COM SERVICES. In no event will CrissAngel.com liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by you for the CrissAngel.com Service which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.
Intellectual Property Notices
CrissAngel.com Sites and CrissAngel.com Services, and all related technology and content: Copyright © 2011 by CrissAngel.com or its suppliers or licensors. All rights reserved.
“Criss Angel” is a trademark of CrissAngel.com. The company, product, and brand names of companies, products and services mentioned herein or on a CrissAngel.com Site or CrissAngel.com Service may be the trademarks and service marks of their respective owners.
CrissAngel.com has patents, patent applications, trademarks, copyrights, and/or other intellectual property rights covering subject matter in or related to the CrissAngel.com Services or on an CrissAngel.com Site. Except as expressly provided in this TOS, the provision of the CrissAngel.com Services and the display of CrissAngel.com Sites to you does not give you any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved.