1. Your Acceptance

A. By using and/or visiting this website (collectively, including all content and functionality available through the AstrologyForCreatives.net domain name and server(s) and affiliated domain names and server(s), the “Astrology for Creatives Website,” or “Website”), you signify your agreement to all terms and conditions herein (the “Terms and Conditions”). If you do not agree to any of these terms, please do not use the Astrology for Creatives Website.

B. Although we may attempt to notify you when major changes are made to these Terms and Conditions, you should periodically review the most up-to-date version at the Astrology for Creatives Website. Cricket Feet, Inc., may, in its sole discretion, modify or revise these Terms and Conditions and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

2. Astrology for Creatives Website

A. These Terms and Conditions apply to all users of the Astrology for Creatives Website, including users who are also contributors of content, information, and other materials or services on the Website. The Astrology for Creatives Website includes all aspects, including but not limited to all products, software, and services offered via the Website such as Content Distribution Products (collectively, Player, Widget, Commenting, and Social Media Applications).

B. The Astrology for Creatives Website may contain links to third party websites that are not owned or controlled by Cricket Feet, Inc. Cricket Feet, Inc., has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Cricket Feet, Inc., will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Cricket Feet, Inc.; Bonnie Gillespie; RCL Consulting, LLC; and Rachel Lang from any and all liability arising from your use of any third-party website.

3. Website Accounts

A. In order to access some features of the Website, you will be granted a membership account. You may never use another’s account without permission. When applying for your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Cricket Feet, Inc., immediately of any breach of security or unauthorized use of your account.

B. Although Cricket Feet, Inc., will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Cricket Feet, Inc.; RCL Consulting, LLC; or others due to such unauthorized use.

4. General Use of the Website: Permissions and Restrictions

Cricket Feet, Inc., hereby grants you permission to access and use the Website as set forth in these Terms and Conditions, provided that:

A. You agree not to distribute in any medium any part of the Website without Cricket Feet, Inc.’s prior written authorization.

B. You agree not to alter or modify any part of the Website, including but not limited to Cricket Feet, Inc.’s Distribution Products or any of its related technologies.

C. You agree not to access the Astrology for Creatives Content through any technology or means other than the video playback pages of the Website itself and Cricket Feet, Inc., Distribution Products.

D. You agree not to use the Website, including the Distribution Products defined in 2A, for any commercial use without the prior written authorization of Cricket Feet, Inc. Prohibited commercial uses include any of the following actions taken without Cricket Feet, Inc.’s express approval:

(1) sale of access to the Website or its related services (such as the Distribution Products) on another website;
(2) use of the Website or its related services (such as the Distribution Products), for the primary purpose of gaining advertising or subscription revenue;
(3) the sale of advertising, on the Cricket Feet, Inc., website or any third-party website, targeted to the content of specific User Submissions or Astrology for Creatives content;
(4) and any use of the Website or its related services (such as the Distribution Products) that Cricket Feet, Inc., finds, in its sole discretion, to use Cricket Feet, Inc.’s resources or User Submissions with the effect of competing with or displacing the market for Astrology for Creatives; RCL Consulting, LLC; Cricket Feet, Inc.’s content, or its User Submissions.

E. You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Video Player in any manner that enables users to view the Content without:

(1) displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Video Player is located; and
(2) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective or click-through advertising functionality.

F. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the Astrology for Creatives Website servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. message board forums and commenting systems) for any commercial solicitation purposes. You agree not to solicit for commercial purposes any users of the Website.

G. In your use of the Website, you will otherwise comply with these Terms and Conditions and all applicable local, national, and international laws and regulations.

H. Cricket Feet, Inc., reserves the right to discontinue any aspect of the Astrology for Creatives Website at any time with or without notice.

5. Your Use of Content on the Site

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Astrology for Creatives Website.

A. The content on the Astrology for Creatives Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the like (“Content”) and the trademarks, service marks, and logos contained therein (“Marks”), are owned by or licensed to Cricket Feet, Inc., subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you as-is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Cricket Feet, Inc., reserves all rights not expressly granted in and to the Website and the Content.

B. You may access Content for your information and personal use solely as intended through the provided functionality of the Astrology for Creatives Website. You shall not copy or download any Content unless you see a “download” or similar link displayed by Cricket Feet, Inc., on the Astrology for Creatives Website for that Content.

C. User Content, Commenting System, and Message Board Forums are made available to you for your information and personal use solely as intended through the normal functionality of the Astrology for Creatives Website. User Content, Commenting System, and Message Board Forums are made available as-is, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Astrology for Creatives Website or otherwise as prohibited under this Agreement.

D. You may access Astrology for Creatives Content only as permitted under this Agreement. Cricket Feet, Inc., reserves all rights not expressly granted in and to the Astrology for Creatives Content and the Astrology for Creatives Website.

E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of Content of third parties obtained through the Website for any commercial purposes.

F. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Astrology for Creatives Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Astrology for Creatives Website or the Content therein.

G. You understand that when using the Astrology for Creatives Website, you will be exposed to Content from a variety of sources, and that neither Cricket Feet, Inc., nor RCL Consulting, LLC, is responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You understand and acknowledge that you may be exposed to Content including but not limited to financial, business, astrological, or personal advice as well as mental and emotional health, and none of the Content at the Astrology for Creatives Website is intended to replace care that is better received from qualified professionals in the financial, legal, medical, and psychiatric fields. You further understand and acknowledge that you may be exposed to Content that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Cricket Feet, Inc., with respect thereto, and agree to indemnify and hold Cricket Feet, Inc., its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.

6. Your Content and Conduct

A. As a Website account holder you may submit User Content. You understand that whether or not such User Content is published, Cricket Feet, Inc., does not guarantee any confidentiality with respect to any User Content.

B. You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Cricket Feet, Inc., to use all patent, trademark, trade secret, copyright, or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Website and these Terms and Conditions.

C. You retain all of your ownership rights in your User Content. By submitting User Content to Cricket Feet, Inc., you hereby grant Cricket Feet, Inc., a worldwide, non-exclusive, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Astrology for Creatives Website and Cricket Feet, Inc.’s (and its successors’ and affiliates’) businesses, including without limitation for promoting and redistributing part or all of the Astrology for Creatives Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Astrology for Creatives Website a non-exclusive license to access your User Content through the Website, and to use, reproduce, distribute, display, and perform such User Content as permitted through the functionality of the Website and under these Terms and Conditions. The above licenses granted by you in User Content are perpetual and irrevocable.

D. In connection with User Content, you further agree that you will not submit material that is copyrighted, protected by trade secret, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Cricket Feet, Inc., all of the license rights granted herein.

E. You further agree that you will not, in connection with User Content submit material that is contrary to applicable local, national, and international laws and regulations.

F. Cricket Feet, Inc., does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Cricket Feet, Inc., expressly disclaims any and all liability in connection with User Content. Cricket Feet, Inc., does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Cricket Feet, Inc., will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. Cricket Feet, Inc., reserves the right to remove Content without prior notice.

7. Account Termination Policy

A. Cricket Feet, Inc., reserves the right to suspend or terminate any User’s access to the Astrology for Creatives Website and affiliated server(s) at any time, for any reason, without notice and at its sole discretion. Further, Cricket Feet, Inc., will terminate a User’s access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.

B. These Terms and Conditions notwithstanding, Cricket Feet, Inc., reserves the right to remove any Content at any time, for any reason, with or without notice and at its sole discretion. Further, Cricket Feet, Inc., reserves the right to decide whether Content is appropriate and complies with these Terms and Conditions for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Cricket Feet, Inc., may remove such User Content and/or terminate a User’s access for uploading such material in violation of these Terms and Conditions at any time, without prior notice and at its sole discretion.

8. Digital Millennium Copyright Act

A. If you are a copyright owner or an agent thereof and believe that any User Content or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

(1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) 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;
(3) 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;
(4) information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(5) 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
(6) 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.

B. Cricket Feet, Inc.’s designated Copyright Agent to receive notifications of claimed infringement is:
corp@cricketfeet.com
Keith Johnson
Cricket Feet, Inc.
PO Box 1138
Santa Monica, CA 90406
USA.

Only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Cricket Feet, Inc., Customer Service. You acknowledge that if you fail to submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) that complies with all of the requirements above, your DMCA notice may not be valid.

C. Counter-Notice. If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the Content you may send a counter-notice containing the following information to the Copyright Agent:

(1) your physical or electronic signature;
(2) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
(3) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
(4) your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

D. If a counter-notice is received by the Copyright Agent, Cricket Feet, Inc., may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Cricket Feet, Inc.’s sole discretion.

9. Warranty Disclaimer

You agree that your use of the Astrology for Creatives Website shall be at your sole risk. To the fullest extent permitted by law, Cricket Feet, Inc., its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Website and your use thereof. Cricket Feet, Inc., makes no warranties or representations about the accuracy or completeness of this site’s content or the content of any sites linked to this site and assumes no liability or responsibility for any

(i) errors, mistakes, or inaccuracies of content,
(ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Website,
(iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
(iv) any interruption or cessation of transmission to or from our Website,
(v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party, and/or
(vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Astrology for Creatives Website.

Cricket Feet, Inc., does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Astrology for Creatives Website or any hyperlinked website or featured in any banner or other advertising, and Cricket Feet, Inc., will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should do due diligence in researching third parties, use your best judgment, and exercise caution where appropriate.

10. Limitation of Liability

In no event shall Cricket Feet, Inc., its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any

(i) errors, mistakes, or inaccuracies of content,
(ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Website,
(iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
(iv) any interruption or cessation of transmission to or from our Website,
(v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our Website by any third party, and/or
(vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Astrology for Creatives Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages.

The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

You specifically acknowledge that Cricket Feet, Inc., shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

The Astrology for Creatives Website is controlled and offered by Cricket Feet, Inc., from its facilities in the United States of America. Cricket Feet, Inc., makes no representations that the Astrology for Creatives Website is appropriate or available for use in other locations. Those who access or use the Astrology for Creatives Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

11. Indemnity

You agree to defend, indemnify, and hold harmless Cricket Feet, Inc., its officers, its directors, its employees, and its agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from:

(i) your use of and access to the Astrology for Creatives Website;
(ii) your violation of any term of these Terms and Conditions;
(iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or
(iv) any claim that any of your User Content caused damage to a third party.

This defense and indemnification obligation will survive these Terms and Conditions and your use of the Astrology for Creatives Website.

12. Ability to Accept Terms and Conditions

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

13. Validity

In the event that any provision of these Terms and Conditions be held to be invalid, the same shall not affect any respect whatsoever the validity of the remainder of these Terms and Conditions.

14. Integrated Agreement

These Terms and Conditions constitute the entire understanding and agreement among all parties with respect to the subject matter hereof and there are no agreements, understandings, restrictions, or warranties among the parties other than those set forth herein provided for.

15. Headings

The headings, titles, and subtitles used in this Agreement are for ease of reference only and shall not control or affect the meaning or construction of any provision hereof.

16. Assignment

These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Cricket Feet, Inc., without restriction.

17. General

You agree that:

(i) the Astrology for Creatives Website shall be deemed solely based in California; and
(ii) the Astrology for Creatives Website shall be deemed a passive website that does not give rise to personal jurisdiction over Cricket Feet, Inc., nor RCL Consulting, LLC, either specific or general, in jurisdictions other than California.

These Terms and Conditions shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Cricket Feet, Inc., and/or RCL Consulting, LLC, that arises in whole or in part from your use of the Astrology for Creatives Website shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California. These Terms and Conditions, and any other legal notices published by Cricket Feet, Inc., on the Website, shall constitute the entire agreement between you and Cricket Feet, Inc., concerning the Astrology for Creatives Website. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of this these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Cricket Feet, Inc.’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. Cricket Feet, Inc., reserves the right to amend these Terms and Conditions at any time and without notice, and it is your responsibility to review these Terms and Conditions for any changes. Your use of the Astrology for Creatives Website following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms.

You and Cricket Feet, Inc., agree that any cause of action arising out of or related to the Astrology for Creatives Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

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