These Terms and Conditions (“Terms”) are effective as of May 3, 2013.
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS.
These Terms are entered into by and between you and Psy.Fi ( “website”, “we” or “us”).
Changes to Terms
We reserve the right, in our sole discretion, at any time and without prior notice, to change these Terms and changes may include the addition of new terms or the modification or deletion of existing terms. Any changes will be posted on this Site as part of the Terms and will be effective immediately. The date of the last revision of the Terms will appear at the top of these Terms. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms whether or not you have reviewed the new Terms. It is your responsibility to regularly check this page and review the Terms for changes.
This Site is not intended for use by persons under the age of thirteen (13). By using the Service, you represent and warrant that you are 13 or older and in high school or college, or else that you are 18 or older, and that you agree to and to abide by all of the terms and conditions of this Agreement. Use of the Service is void where prohibited.
Certain text, images, designs, photographs, graphics, data, files, images, sounds, musical works, works or authorship and other materials, including their selection and arrangement (collectively, the “Content”) are the property of Psy.Fi or its advertisers or partners or licensors , except that as between Psy.Fi and any User, Content furnished by a User (“User Content”) remains the property of that User. The Psy.Fi Content is protected by copyright, trademark, patent, trade secret and other applicable laws. Psy.Fi retains all rights in the Psy.Fi Content and grants you a limited, revocable license, without a right to sublicense, for the limited purpose of reviewing material on the Service, to reproduce (including downloading and printing) one copy of any Content for your personal, non-commercial use and for the limited purpose of reviewing Content on the Service to display, perform and use any Content that you are permitted to access in connection with your viewing and use of the Service for your personal, non-commercial use, provided that in all cases you maintain all copyright or other proprietary notices as contained on the applicable Content. Psy.Fi may terminate this license at any time, in its sole discretion, without notice and for any or no reason. Except as otherwise permitted herein, you may not with respect to any Content other than your own User Content, alter, modify, revise, copy, distribute, reproduce, republish, display, transmit, sell or take any other similar action, in any manner, in whole or in part, without Psy.Fi’s prior written consent.
You are responsible for any User Content that you Post through the Service. You may only Post User Content that you own or that you have permission from the owner to use. Psy.Fi may, but has no obligation, to periodically review the Service and remove, at any time, in its sole discretion, without notice for any or no reason and this may include the removal of Content or User Content, including the removal of User Content that in Psy.Fi’s opinion violates these Terms in any manner. Psy.Fi is not responsible for any User Content that is removed or deleted and it is your responsibility to retain your own copies of any User Content or information that you provide to Psy.Fi or otherwise Post through the Service.
As between you and Psy.Fi, your User Content is owned by you and you retain any intellectual property rights associated with your User Content, if any. You agree that Psy.Fi may and you authorize Psy.Fi to make and retain copies of any User Content that you Post through the Service as may be necessary, in Psy.Fi’s sole discretion, for the operation and maintenance of the Service. When you Post any User Content, you automatically grant to Psy.Fi, an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, perform, display, reformat, and distribute your User Content for any purpose, commercial, advertising, or otherwise in connection with the Service or their promotion, to prepare derivative works or incorporate into other works, and Psy.Fi may grant sublicenses in any of the foregoing. You represent and warrant that you have the right to grant the foregoing license and that your User Content does not violate any rights, including intellectual property rights, of any person or entity.
Third Party Websites and Content
The Service may contain links to third party (“Third Party”) websites and may include Content of a Third Party (“Third Party Content”). Psy.Fi is not responsible for any Third Party website or Third Party Content that you may access through the Service. The fact that any Third Party website or Content is accessible via the Service does not imply approval or endorsement by Psy.Fi of the Third Party and its practices and services or otherwise. You visit any Third Party website via a link from the Service or use any Third Party Content at your own risk. These Terms are not applicable to any Third Party website or Third Party Content. It is your responsibility to review the terms applicable to the Third Party’s website or Third Party Content.
Disclaimer of Warranties and Other
THE SERVICE, ANY PSY.FI CONTENT OR USER CONTENT, ANY LINKED WEBSITE, AND ANY PRODUCTS SOLD THROUGH THE SERVICE ARE PROVIDED AND PSY.FI DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. PSY.FI CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. PSY.FI MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO THE SERVICE, ANY LINKED WEBSITE, ANY PSY.FI CONTENT, USER CONTENT OR OTHER MATERIAL, INCLUDING THE AVAILABILITY OF OR THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OF ANY OF THE FOREGOING.
PSY.FI DOES NOT REPRESENT OR WARRANT THAT YOUR ACCESS TO OR USE OF THE SERVICE, PSY.FI CONTENT, USER CONTENT OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, PSY.FI CONTENT, USER CONTENT OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACCESS AND USE (AS PERMITTED BY THESE TERMS) PSY.FI CONTENT, USER CONTENT AND OTHER MATERIAL FROM THE SERVICE AT YOUR OWN RISK AND ARE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY RESULTING DAMAGES OR LOSSES.
Limitation on Liability
IN NO EVENT WILL PSY.FI OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST INFORMATION OR DATA ARISING FROM YOUR USE OF THE SERVICE OR FROM ANY OF THE PSY.FI CONTENT, USER CONTENT OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE, EVEN IF PSY.FI IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PSY.FI’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER RELATED TO THE PURCHASE OF A PRODUCT OR SERVICES (INCLUDING WITHOUT LIMITATION ADVERTISEMENTS) FROM PSY.FI THROUGH THE SERVICE SHALL BE LIMITED TO THE PURCHASE PRICE OF THE SPECIFIC PRODUCT AND PSY.FI’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER RELATED TO THE SERVICE, OTHER THAN THE PURCHASE OF PRODUCTS, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SPECIFIC SERVICE. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO PSY.FI FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY. UNDER NO CIRCUMSTANCES OR IN ANY CASE, HOWEVER, SHALL PSY.FI’S LIABILITY TO YOU EXCEED $50.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.