Terms of Service

Please take a few moment to read through these Terms of Service. They are designed to make everyone's participation in the Community safer and more enjoyable; they protect not only KrystalRose but you, as well! Please report any violations to these Terms to our Community Dark Knight: serpentine@community.krystalrose.com.

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Acceptance of Terms
Use of the Krystal Community, including but not limited to chat, home pages, webmail, forums, games, and links postings, are provided to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of this TOS at any time at: http://community.krystalrose.com/tos.shtml. Your participation in this Community indicates your acceptance of these terms. In addition, KrystalRose and the Krystal Community are also bound by this TOS.

Privacy
Registration Data and certain other information about you is submitted on a completely voluntary basis, at your discretion, and is used solely for the purpose of following up on any problems you may report with your service. This information will not under any circumstances be released to any third party, except in response to properly submitted subpoenas, court orders, or legal process. We will not transfer information about our members if KrystalRose is acquired by or merged with another company.

Child Safety:
KrystalRose is concerned about the safety and privacy of all its users, particularly children. For this reason, the Krystal Community does not require that any of its members divulge personally identifiable information in order to use any of its Services.

As the legal guardian of a child, it is your responsibility to determine whether the Services and/or Content of this site are appropriate for your child. Parents of children under the age of 13 who wish to allow their children access to this community are required to supervise their children and ensure that they do not divulge personally identifiable information such as their real name or address. (This safe internet practice is also advised for persons of any age!)

For a great source of information on Safe Surfing, visit the FTC's SiteSeeing site at http://www.ftc.gov/bcp/conline/pubs/online/sitesee.htm

Member conduct:
You agree to not use any KrystalRose or Krystal Community Service to:

1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable
2. endanger minors in any way
3. impersonate any person or entity, including, but not limited to, a Krystal Community administrator, forum moderator, chat host, or falsely state or otherwise misrepresent your affiliation with such a person or entity
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service
5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party
7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping services) that are designated for such purpose
8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges
10. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service
11. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law
12. "stalk" or otherwise harass another user
13. collect or store personal data about other users

Member Content
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not KrystalRose or the Krystal Community, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. KrystalRose does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.

You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will KrystalRose be liable in any way for any Content, including, but not limited to, for 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 Service.

You acknowledge that KrystalRose does not pre-screen Content, but that KrystalRose and its designees shall have the right (but not the obligation) at their sole discretion to refuse or remove any Content that is available via the Service that violates this TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by KrystalRose or submitted to by members, including without limitation information in Krystal Community Message Boards, Krystal Community home pages, and in all other parts of the Service.

You acknowledge and agree that KrystalRose may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of KrystalRose, its users and the public.

Copyright considerations:
KrystalRose does not claim ownership of any Content you submit or make available for inclusion in the community. It is your responsibility to ensure that you have free and clear copy right to any content you make available for inclusion in the community, including images, text, music or video. KrystalRose shall in no way be liable if any content you have made available is in violation of any copyright laws, and shall without notice 1) remove any content that is reported to be in violation and 2) comply with all duly submitted legal requests to provide information about members whose content is proven to be in violation of copyright law.

KrystalRose respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
2. a description of the copyrighted work or other intellectual property that you claim has been infringed
3. a description of where the material that you claim is infringing is located on the site
4. your address, telephone number, and email address
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
6. a statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf

Special Considerations for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Content Storage
You acknowledge that KrystalRose may establish general limits concerning use of Community Services, including the maximum number of days that email messages, message board postings or other uploaded Content will be retained, the maximum number of email messages that may be sent from or received by an account, the maximum size of any email message that may be sent from or received by an account, the maximum disk space that will be allotted on KrystalRose's servers on your behalf. You agree that KrystalRose has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content. You further acknowledge that KrystalRose reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Modifications to the Service
KrystalRose reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that KrystalRose shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Termination
You agree that KrystalRose may, under certain circumstances and without prior notice, immediately terminate your account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to,

1. violation of any part of this TOS,
2. requests by law enforcement or other government agencies,
3. a request by you (self-initiated account deletions),
4. unexpected technical issues or problems, and
5. extended periods of inactivity.

Termination of your Krystal Community account includes:

1. removal of access to all offerings within the Service, including but not limited to Krystal Mail, Forums, Chat, Homepages, Post Cards, and Games,
2. deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and
3. barring further use of the Service.

Further, you agree that all terminations for cause shall be made in KrystalRose's sole discretion and that KrystalRose shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Community.

Links
KrystalRose may provide, or third parties may provide, links to other World Wide Web sites or resources. Because KrystalRose has no control over such sites and resources, you acknowledge and agree that KrystalRose is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that KrystalRose shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

Notices
Notices to you may be made via either email or regular mail. Notices of changes to this TOS or other matters may also be made by displaying notices or links to notices to you generally on the Krystal Community site.

Indemnity
You agree to indemnify and hold KrystalRose and its subsidiaries, affiliates, officers, agents, and partners harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of this TOS, or your violation of any rights of another.

DISCLAIMER
You expressly understand and agree that:

1. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. KrystalRose expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
2. KrystalRose makes no warranty that
   1. the service will meet your requirements,
   2. the service will be uninterrupted, timely, secure, or error-free,
   3. the results that may be obtained from the use of the service will be accurate or reliable,
   4. the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, or that
   5. any errors in the software will be corrected.
3. Any material downloaded or otherwise obtained through the use of the Community is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
4. No advice or information, whether oral or written, obtained by you from KrystalRose or through or from the Community shall create any warranty not expressly stated in this TOS.

Exclusions and limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

Violations
Please report any violations of these Terms of Service to our Community Dark Knight: serpentine@community.krystalrose.com.

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