Terms and Conditions

PLEASE READ THESE USER TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.

Thank you for visiting our Terms & Conditions page!  Here we detail the legal aspects of the usage of our site.  It’s definitely a dry read, but the attorneys insist that we post it.  If you have any questions about these Terms & Conditions and how they apply to you, please email livelovebe@soulgarden.tv, and we will get right back to you.

Without further ado, here comes the noise:

The following constitute the Terms and Conditions (“Terms and Conditions”) between you ("you", "your", "purchaser") and Soulgarden, Inc. (referred to as the "Company," "we," or "us") with respect to your use of this website at www.Soulgarden.tv (“Site”). The Company operates this Site as on-line video destination and social networking site that includes all text, surveys, audio-visual works, communications, content, information, forum communications, materials, documents, products, software, logos, graphics, sounds, images, data, services, and the underlying intellectual property rights thereto (collectively the "Content").

By accessing, using or downloading any Content from this Site, you acknowledge your agreement to be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, please do not access this Site or otherwise use or download Content from this Site. We reserve the right to update or modify these Terms and Conditions at any time, and without prior notice to you. Your use of the Site following such modification or update constitutes your acceptance to be bound by these Terms and Conditions as changed or modified. We encourage you to read through and review these Terms and Conditions each time you access the Site.

FOR ENTERTAINMENT ONLY

THIS SERVICE IS PROVIDED BY OUTLOOK AMUSEMENTS, INC. FOR ENTERTAINMENT PURPOSES ONLY. YOU MUST BE EIGHTEEN YEARS OF AGE OR OLDER TO USE THE PREMIUM AREAS OF THIS SERVICE. ALL CREDIT CARD PURCHASES MUST BE MADE BY THE CARD HOLDER. AT CALIFORNIA PSYCHICS WE WANT YOU TO ENJOY AND BENEFIT FROM YOUR READING. OUR PSYCHICS MAKE EVERY EFFORT TO PROVIDE YOU WITH HELPFUL ADVICE. HOWEVER, THIS INFORMATION SHOULD NOT BE USED IN PLACE OF ANY RECOMMENDATIONS BY MEDICAL OR FINANCIAL PROFESSIONALS OR OTHER PROFESSIONAL COUNSELORS. IT IS YOUR RESPONSIBILITY TO EVALUATE ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH CALIFORNIA PSYCHICS.

1. Disclaimer.  You agree that by using this Site, you will assume sole responsibility to exercise your own judgment when participating in any activity, relying on any Content, or otherwise engaging with other users in any forum communities, and we disclaim all responsibility for any advice, suggestions, courses of action, counseling, instruction or Content provided on this Site, including without limitation, Content provided to you by other users. Further, you should not rely upon claims of qualifications or other authoritative assertions made by other users.

2. Nature of Services.  Our Site contains a variety of online communications tools and services including forums, bulletin boards, blogs, personal pages, and other types of features at no charge to you. We make no warranty regarding the quality or availability of the Site, and we reserve the right to suspend, modify or terminate access to the Site and correlating services at any time and without notice. You agree that Company will not be liable to you or any third party for any modification, suspension or termination of the Site, including, without limitation, loss of data, personal settings or other foreseeable or unforeseeable damages related thereto.

3.  Ownership.  You acknowledge that you are solely responsible for all materials, text, entries, communications, content, information, forum contributions, materials, pictures and any video links or other materials provided by or contributed by you on this Site (collectively, the “User Generated Content”). You further agree that you either own all User Generated Content provided by you or is properly obtained from the appropriate owner with full permissions to post such User Generated Content on the Site. The Content is protected by copyright, trade dress and other laws and may not be copied or imitated in whole or in part. All product names, company names, marks, logos, and symbols may be the trademarks of their respective owners. As a condition of using this Site, you hereby license to Soulgarden, Inc., a non-exclusive, irrevocable, worldwide, perpetual, royalty-free right and license to display or remove the User Generated Content on its Site. Your access and use of this Site shall be construed as sufficient consideration for such license. The foregoing license rights shall not apply to User Generated Content posted to this Site by you, which violates or infringes upon third party intellectual property, trade secrets or privacy rights and such license shall be void as a matter of law.

4. Trademarks.  All of the trademarks, service marks, and logos displayed on this Site (the "Trademarks") are registered and unregistered trademarks of Soulgarden, Inc., its affiliates, or third parties. Nothing in this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks without our express written permission or the express written permission of the applicable third party. Except as expressly provided in this Agreement, any use of the Trademarks is expressly prohibited.

5. Usage Rules.  We reserve the right to deny you access to any and all parts of this Site and suspend or terminate your account, for any reason or no reason, and at our sole discretion. The following rules shall govern your conduct regarding the use of the Site.

(a)  Unlawful Purposes. In order to create a hospitable environment for all of our users, certain types of activities and communications are prohibited. As a condition of your use of the Site, you agree that you will not use the Content for any purpose that is unlawful or prohibited by these Terms and Conditions. You also agree that you are responsible for User Generated Content that is sent through your account to any discussion group or forum or any other part of the Site. You may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person other than yourself. You may not post or transmit any message, data, image or program which is indecent, obscene or pornographic.

(b)  No Monitoring of Forums. In order to promote a level of candor and trust, the chat rooms and forum discussions on this Site, in general, are not guaranteed to be monitored for unacceptable use, nor is there any guarantee that your User Generated Content will remain confidential or secure. Further, no statements made in the chat rooms and forum discussions will be authenticated or endorsed by us. However, we may in our sole discretion, but without the obligation, choose to monitor such forum discussions, chats or any other communication feature on the Site as part of an investigation of reported abuses or otherwise where we may deem appropriate. We reserve the right to block transmission of, and or remove any User Generated Content that you send to any discussion group, at any time, for any reason, and without prior notice to you.

(c)  Unauthorized access. You shall not permit any other person (other than an agent acting on your behalf and subject to your direct supervision) to access the Site using your account for any purpose.

(d)  Infringing User Generated Content. You shall not post or transmit any User Generated Content that would violate the intellectual property, trade secrets or privacy rights of others, including unauthorized copyrighted text, images or programs, photographs, signatures, images, likenesses, voice, trade secrets or other confidential proprietary information, copyrighted materials, and trademarks or service marks used in an infringing fashion.

(e)  Interference with Other Users’ Use. You shall not interfere with other users' use of the Site, including, without limitation, disrupting the normal flow of dialogue in a chat room or forum discussion, spamming or otherwise using abusive tactics to deter others from participating in the forums or discussions.

(f)  Harmful Code. You may not post or transmit any file to this Site or to any other user which contains viruses, worms, time bombs, Trojan horses or any other contaminating or destructive code.

(g)  Abusive Conduct. You may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not our intent to discourage users from taking controversial positions or expressing vigorously what may be unpopular views; however, we reserve the right to take such action as we deem appropriate in cases where the User Generated Content is being used to disseminate statements which are deeply and widely offensive and/or harmful. However, we are not obligated to take any action.

(h)  Unsolicited Communications Prohibited. You may not post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes. Members are invited to share their personal gifts, but any correspondence perceived by the receiver to be harassment shall be discontinued.

6. No Review of Postings & Uploads.  The Company does not and cannot review, and is therefore not responsible for, any User Generated Content posted or uploaded to the Site. MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY DISCUSSION AREA OR FORUM SHOULD NOT BE CONSTRUED AS AUTHORITATIVE ADVICE OR INSTRUCTION.

7. Procedures for Claimed Copyright Infringement. We respect the intellectual property rights of others, and ask that you do the same.  As such, the infringement of others’ intellectual property rights will not be tolerated and may result in the suspension or termination of the infringing party’s account. Please note that we can only address infringing materials posted on our Site that have been reported to us, and cannot be responsible if any User Generated Content is repurposed or otherwise copied from the Site and used in other mediums prior to us removing such infringing content.

If you believe that your work has been copied in a way that constitutes copyright infringement, in accordance with the Digital Millennium Copyright Act, please provide the following information to our agent:

(a) an electronic or physical signature of the person authorized to act on behalf of the copyright owner;

(b) a description of the copyrighted work that you claim has been infringed;

(c) a description of where the material you claim is infringing is located on the Site;

(d) your address, telephone number, and email address;

(e) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(f) A statement made by you, under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner's behalf; and

(g) Our agent may be contacted as follows:

livelovebe@soulgarden.tv

8.  Data Back-up.  We are not responsible for backing up your data or any User Generated Content or other type of data attributed to your participation in forums or use of the Site. YOU EXPRESSLY AGREE TO ASSUME THE SOLE RISK OF BACKING UP ALL USER GENERATED CONTENT THAT YOU CONTRIBUTE TO THE SITE AND EXPRESSLY AGREE THAT WE WILL HAVE NO LIABILITY WITH RESPECT TO LOST USER GENERATED CONTENT, WHETHER YOUR OWN OR THAT BELONGING TO THIRD PARTIES.

9.  Disclaimers.

a. Geographic Disclaimer.  Access to the Site and the Content as well as the terms of our Privacy Policy may not be legal for some persons or in some countries outside the United States. Additionally If you elect to access and use the Site and Content from outside of the United States, you do so at your own risk and are solely responsible for complying with all applicable laws and regulations.

b. DISCLAIMER OF WARRANTIES. THIS SITE AND THE CONTENT ARE PROVIDED "AS IS", WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE., TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE CONTENT, PRODUCTS, SERVICES AND ALL OTHER INFORMATION CONTAINED ON AND/OR MADE AVAILABLE THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY OF THIS SITE, LACK OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR ANY FAILURE TO PROVIDE THE SITE OR ACCESS THERETO BY USERS. WE DO NOT GUARANTEE THE TIMELINESS, VALIDITY, COMPLETENESS OR ACCURACY OF THE CONTENT. ALTHOUGH WE MAY UPDATE THE CONTENT ON THIS SITE FROM TIME TO TIME, PLEASE NOTE THAT INFORMATION CONTAINED HEREIN MAY BE OUT OF DATE AND/OR MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

10. Indemnification. You agree to indemnify, defend and hold harmless the Company, its affiliates, officers, directors, employees, agents, information providers, partners, advertisers and suppliers (the "The Protected Parties") from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from (a) provision of Unsolicited Information  or User Generated Content by you, or (b) your use of the Content or Site; and/or (c) your breach of the terms of these Terms and Conditions, (including infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing the Site using your account.

11. WAIVER, RELEASE AND LIMITATION OF LIABILITY. YOU AGREE THAT NONE OF THE PROTECTED PARTIES SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SITE. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE PROTECTED PARTIES (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF ANY OF THE PROTECTED PARTIES) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE.

NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF THE PROTECTED PARTIES, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY THE USER TO THE COMPANY FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED. IN NO EVENT SHALL ANY OF THE PROTECTED PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING FROM ANY USE OF THIS SITE OR THE CONTENT EVEN IF THE PROTECTED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NONE OF PROTECTED PARTIES WILL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSSES, DAMAGE  OR DESTRUCTION OF DATA, INCLUDING, WITHOUT LIMITATION, LOSS OF ALL YOUR USER GENERATED CONTENT, THAT AND DAMAGES OR LOSSESS YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THIS SITE OR OUR EQUIPMENT, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THIS SITE AVAILABLE TO YOU OR COLLECTING THE DATA CONTAINED THEREIN, OR FROM ANY OTHER CAUSE RELATING TO YOUR ACCESS TO OR YOUR INABILITY TO ACCESS THE SITE, THE CONTENT, OR YOUR USER GENERATED CONTENT WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF ANY OF THE PROTECTED PARTIES.

SOME STATES DO NOT ALLOW THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY AS SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION DOES NOT APPLY TO BE INVALID OR UNENFORCEABLE, FOR ANY REASON, THAN UNDER THOSE CIRCUMSTANCES, THE AGGREGATE LIABILITY OF THE PROTECTED PARTIES SHALL NOT EXCEED ONE HUNDRED ($100) DOLLARS. IF ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE; ALL LIMITATIONS OF LIABILITY, DISCLAIMERS OF LIABILITY, AND EXCLUSIONS OF LIABILITY SHALL REMAIN IN EFFECT.

12. Third Party Rights. The provisions of paragraphs 12 (Indemnification) and 13 (Waiver, Release and Limitation of Liability) are for the benefit of the Protected Parties. Each of the Protected Parties shall have the right to assert and enforce those provisions directly against you on its own behalf.

13. User Representations. You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into these Terms and Conditions and to use the Site in accordance with these Terms and Conditions. If you are not at least 18 years old, but are over the age of 13, you may have a parent or guardian accept these terms on your behalf . You agree to be financially responsible for your use of the Site (as well as for use of your account by others (whether authorized or unauthorized), including use by any minors living with you) and to comply with your responsibilities and obligations as stated in these Terms and Conditions.

14. Miscellaneous. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, without regarding provisions relating to conflicts of law. You agree that any legal action or proceeding between the Company and you for any purpose concerning these Terms and Conditions or the parties' obligations hereunder shall be brought exclusively in the state or federal courts located at Los Angeles, California, USA, and we both expressly consent to such jurisdiction. These Terms and Conditions constitute the entire Agreement between Soulgarden, Inc. and you with respect to your access and use of the Site. Any failure by us to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms and Conditions. If any provision hereof shall be held to be invalid or unenforceable, then such provision shall be reformed to the extent necessary to make such provision valid and enforceable when so applied. We may assign our rights and duties under these Terms and Conditions to any party at any time without notice to you.
---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Privacy Policy

This online privacy policy tells you about the information Soulgarden, Inc. collects through your use of our website, www.soulgarden.tv(the "Website"), how we use that information, and how you can opt out of certain uses of information we may collect. If you have any questions about our privacy policy or our use of your information, you can e-mail us at livelovebe@soulgarden.tv.

PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING ANY OF SOULGARDEN.TV SERVICES. BY USING ANY SUCH SERVICES AND/OR NAVIGATING THROUGH THE WEBSITE YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTAND THIS POLICY AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS PRIVACY POLICY, SIMPLY EXIT THIS PAGE WITHOUT ACCESSING OR USING ANY OF OUR SERVICES.

Below you will find information on a number of topics, including:
• What personally identifiable information of yours is collected from you through the Website
• How the collected information is used
• With whom such information may be shared
• What choices are available to you regarding collection, use and distribution of the information
• The kind of security procedures that are in place to protect the loss, misuse or alteration of information under our control
• How you can correct any inaccuracies in the information

General Information Collection and Use
Soulgarden.tv is the sole owner of the information collected on the Website. We will not sell, share or rent this information to others in ways different from what is disclosed in this policy, without first obtaining your consent. Generally, we request this information when registering visitors to the Website or when visitors to the Website and/or registered users request a particular service. This information collected is used to register the user for the selected service and to contact the user about such service (e.g. e-mail address). Information required to be submitted to become a registered user may include name, e-mail address, license number and street address (as well as other types of information).

Personal Information Collected Through Access to Private & Premium Services
All personal information provided to Soulgarden.tv through your access to the premium services that the site offers – SG Elite readings, Soul Nirvana memberships, donations – is 100% confidential. We may contact you using this information in the normal course of business, to notify you of upcoming specials, to improve our customer service, or to investigate potential fraud and violations of our Terms and Conditions.

Cookies
A "cookie" is a piece of data stored on a user's hard drive containing information about the user. As part of offering and providing personalized services, we may use cookies in an effort to save you time while on our Website. If a user rejects the cookie, he or she may still have limited use of the Website. Generally we use cookies to:
• Remind us who you are and to access your account information
• Track and target the interests of our users to enhance the experience on our Website
• Estimate our audience size and measure certain traffic patterns

IP Addresses

Every computer connected to the Internet is given an IP address. We use IP addresses to analyze trends, administer the Website, track users' movement and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information, and our web servers do not record the e-mail addresses of our visitors.

Links
This Website may contain links to other websites. Please be aware that we are not responsible for the privacy practices of such other websites, as this privacy policy applies solely to the Website. We encourage our users to remain vigilant when they leave our Website and to read the privacy statements of each and every website that collects personally identifiable information.

Surveys
From time-to-time our Website may request information from users via surveys. Participation in these surveys, to the extent we run any, is completely voluntary and the user therefore has a choice whether or not to disclose this information. Information requested may include contact information (such as name and shipping address) and demographic information (such as zip code and age level). Survey information will be used for purposes of monitoring or improving the use and satisfaction of the Website.

Security
This Website takes numerous precautions to protect our users' information. When users submit sensitive information via the Website (e.g. credit card information), such information is protected both on- and offline. Using Paypal.com, we encrypt certain sensitive information using Secure Socket Layer (SSL) technology to ensure that our visitors' information is safe as it is sent over the Internet to our server. SSL works by using a private key to encrypt data that is transferred over the SSL connection. In addition, all of our users' sensitive information is restricted in our offices. While Soulgarden.tv employs commercially reasonable security measures to protect our data and seeks to partner with companies which do the same, we cannot absolutely guarantee the security of any data transmission over the Internet or any wireless network. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure, and we therefore are not responsible for any breach of security or for any actions of any third parties that may receive any such information.

Legal Disclosure
We will not disclose any of your personally identifiable information except when we have your permission or under special circumstances (such as when we believe the law requires it). We may disclose or share aggregated demographic information with certain partners, affiliates and advertisers, however, except as described above, this is not linked to any personal information that can identify any individual person or company. In addition, Soulgarden.tv may disclose account or other personal information when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with Soulgarden.tv’s rights or property, other Website users or anyone else that could be harmed by such activities.

Soulgarden.tv may also release personal information to appropriate governmental authorities under the following circumstances:
• Where release is required by law (for example, a subpoena) or regulation, or is requested by a government agency conducting investigations or proceedings
• Where our records indicate a company may be engaged in fraudulent activity or other deceptive practices that a governmental agency should be made aware of
As with any other business, it is possible that Soulgarden.tv in the future could merge with or be acquired by another company. If such an acquisition occurs, the successor company would have access to the information maintained by Soulgarden.tv, including customer account information, but would continue to be bound by this Privacy Policy unless and until it is amended as described herein.

Correction/Updating Personal Information
If your personally identifiable information changes at any time, please send an e-mail to livelovebe@soulgarden.tv.

Notification of Changes
If we decide to change our privacy policy, we will post those changes under the appropriate link on the home page of our Website so our users are always aware of what information we collect, how we use it and under what circumstances, if any, we disclose it. The new terms shall be effective immediately upon being posted on the Website. It is the responsibility of each user to review the latest terms from time to time, and if any user does not agree with any updates to the privacy policy, such user should immediately cease use of the Website and any purchased services.