TERMS OF SERVICE
Welcome to 1001spells.com. 1001spells.com
provides its service 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 the TOS at any time at: http://www.1001spells.com/tos.asp.
2. DESCRIPTION OF SERVICE
1001spells currently provides users with access
to a rich collection of resources, including, various spells, pagan
and wiccan tools, personalized content and branded programming through
its network of properties (the "Service"). You also understand
and agree that the Service is subscription-based and that these
subscriptions are necessary for 1001spells to provide the Service.
You also understand and agree that the service may include certain
communications from 1001spells, such as service announcements, administrative
messages and updates, and that these communications are considered
part of 1001spells membership and you will not be able to opt out
of receiving them. Unless explicitly stated otherwise, any new features
that augment or enhance the current Service, including the release
of new 1001spells properties, shall be subject to the TOS. You understand
and agree that the Service is provided "AS-IS" and that
1001spells assumes no responsibility for the timeliness, deletion,
mis-delivery or failure to store any user communications or personalization
You are responsible for obtaining access
to the Service and that access may involve third party fees (such
as Internet service provider or airtime charges). You are responsible
for those fees. In addition, you must provide and are responsible
for all equipment necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service,
you agree to: (a) provide true, accurate, current and complete information
about yourself as prompted by the Service's registration form (such
information being the "Registration Data"); (b) maintain
and promptly update the Registration Data to keep it true, accurate,
current and complete; and (c) provide funds to cover your subscription
payment according to the subscription terms. If you provide any
information that is untrue, inaccurate, not current or incomplete,
or 1001spells has reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, or you lapse in
your subscription payments, 1001spells has the right to suspend
or terminate your account and refuse any and all current or future
use of the Service (or any portion thereof).
Registration Data and certain other information
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation
upon completing the Service's registration process. You are responsible
for maintaining the confidentiality of the password and account,
and are fully responsible for all activities that occur under your
password or account. You agree to (a) immediately notify 1001spells
of any unauthorized use of your password or account or any other
breach of security, and (b) ensure that you exit from your account
at the end of each session. 1001spells cannot and will not be liable
for any loss or damage arising from your failure to comply with
this Section 5.
6. MEMBER CONDUCT
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
1001spells, are entirely responsible for all Content that you upload,
post, email, transmit or otherwise make available via the Service.
1001spells 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 1001spells 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 agree to not use the Service to:
a. 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;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited
to, a 1001spells official, host, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
d. manipulate identifiers in order to disguise the origin of any
Content transmitted through the Service;
e. 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 proprietary
and confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
f. 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;
g. 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;
h. 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;
i. disrupt the normal flow of dialogue or otherwise act in a manner
that negatively affects other users' ability to engage in real time
j. 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;
k. intentionally or unintentionally violate any applicable local,
state, national or international law, including any regulations
having the force of law;
l. "stalk" or otherwise harass another; or
m. collect or store personal data about other users.
You acknowledge that 1001spells does not pre-screen
Content, but that 1001spells and its designees shall have the right
(but not the obligation) in their sole discretion to refuse or move
any Content that is available via the Service. Without limiting
the foregoing, 1001spells and its designees shall have the right
to remove any Content that violates the 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 1001spells
or submitted to 1001spells.
You acknowledge and agree that 1001spells 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
the TOS; (c) respond to claims that any Content violates the rights
of third-parties; or (d) protect the rights, property, or personal
safety of 1001spells, its users and the public.
You understand that the technical processing and
transmission of the Service, including your Content, may involve
(a) transmissions over various networks; and (b) changes to conform
and adapt to technical requirements of connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL
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.
8. CONTENT SUBMITTED OR MADE AVAILABLE
FOR INCLUSION ON THE SERVICE
1001spells does not claim ownership of Content
you submit or make available for inclusion on the Service. However,
with respect to Content you submit or make available for inclusion
on publicly accessible areas of the Service, you grant 1001spells
the following world-wide, royalty free and non-exclusive license(s),
With respect to Content you submit or make available
for inclusion on publicly accessible areas of 1001spells, the license
to use, distribute, reproduce, modify, adapt, publicly perform and
publicly display such Content on the Service solely for the purposes
of providing and promoting the specific Service to which such Content
was submitted or made available. This license exists only for as
long as you elect to continue to include such Content on the Service
and will terminate at the time you remove or 1001spells removes
such Content from the Service.
"Publicly accessible" areas of the Service
are those areas of the 1001spells network of properties that are
intended by 1001spells to be available to the general public either
freely or by subscription.
You agree to indemnify and hold 1001spells,
and its subsidiaries, affiliates, officers, agents, co-branders
or other partners, and employees, 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 the TOS, or your violation of
any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate,
copy, sell, resell or exploit for any purposes, any portion
of the Service, use of the Service, or access to the Service.
Pursuant to Section 10 of the Terms of
Service, you are unauthorized to rent, lend, or sell your
access to the 1001spells site, or any of it's services, to
others, in any manner, including posting your login information
where it is accessible to others via the world wide web.
11. GENERAL PRACTICES REGARDING USE AND
You acknowledge that 1001spells may establish
general practices and limits concerning use of the Service, including
without limitation the maximum number of postings or other uploaded
Content will be retained by the Service, the maximum disk space
that will be allotted on 1001spells' servers on your behalf, and
the maximum number of times (and the maximum duration for which)
you may access the Service in a given period of time. You agree
that 1001spells has no responsibility or liability for the deletion
or failure to store any messages and other communications or other
Content maintained or transmitted by the Service. You acknowledge
that 1001spells reserves the right to log off accounts that are
inactive for an extended period of time. You further acknowledge
that 1001spells reserves the right to change these general practices
and limits at any time, in its sole discretion, with or without
12. MODIFICATIONS TO SERVICE
1001spells reserves the right at any time
and from time to time to modify or discontinue, temporarily or permanently,
the Service (or any part thereof) with or without notice. You agree
that 1001spells shall not be liable to you or to any third party
for any modification, suspension or discontinuance of the Service.
You agree that 1001spells, in its sole discretion,
may terminate your password, account (or any part thereof) or use
of the Service, and remove and discard any Content within the Service,
for any reason, including, without limitation, for lack of use or
if 1001spells believes that you have violated or acted inconsistently
with the letter or spirit of the TOS. 1001spells may also in its
sole discretion and at any time discontinue providing the Service,
or any part thereof, with or without notice. You agree that any
termination of your access to the Service under any provision of
this TOS may be effected without prior notice, and acknowledge and
agree that 1001spells may immediately deactivate or delete your
account and all related information and files in your account and/or
bar any further access to such files or the Service. Further, you
agree that 1001spells shall not be liable to you or any third-party
for any termination of your access to the Service.
14. DEALINGS WITH THIRD-PARTIES
Your correspondence or business dealings with,
or participation in promotions of, third-parties found on or through
the Service, including payment and delivery of related services,
and any other terms, conditions, warranties or representations associated
with such dealings, are solely between you and such third-party.
You agree that 1001spells shall not be responsible or liable for
any loss or damage of any sort incurred as the result of any such
dealings or as the result of the presence of such third-parties
on the Service.
The Service may provide, or third parties
may provide, links to other World Wide Web sites or resources. Because
1001spells has no control over such sites and resources, you acknowledge
and agree that 1001spells 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 1001spells 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.
16. 1001SPELLS' PROPRIETARY RIGHTS
You acknowledge and agree that the Service
and any necessary software used in connection with the Service ("Software")
contain proprietary and confidential information that is protected
by applicable intellectual property and other laws. You further
acknowledge and agree that Content contained in information presented
to you through the Service is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except
as expressly authorized by 1001spells, you agree not to modify,
rent, lease, loan, sell, distribute or create derivative works based
on the Service or the Software, in whole or in part.
1001spells grants you a personal, non-transferable
and non-exclusive right and license to use the object code of its
Software on a single computer; provided that you do not (and do
not allow any third party to) copy, modify, create a derivative
work of, reverse engineer, reverse assemble or otherwise attempt
to discover any source code, sell, assign, sublicense, grant a security
interest in or otherwise transfer any right in the Software. You
agree not to modify the Software in any manner or form, or to use
modified versions of the Software, including (without limitation)
for the purpose of obtaining unauthorized access to the Service.
You agree not to access the Service by any means other than through
the interface that is provided by 1001spells for use in accessing
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
1001SPELLS 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.
b. 1001SPELLS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE
OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF
ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS,
AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE SERVICE 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.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM 1001SPELLS OR THROUGH OR FROM THE SERVICE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT 1001SPELLS
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF 1001SPELLS HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE
THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT
OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING
TO THE SERVICE.
19. 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 OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
Notices to you may be made via either email
or regular mail. The Service may also provide notices of changes
to the TOS or other matters by displaying notices or links to notices
to you generally on the Service.
21. TRADEMARK INFORMATION
1001spells and service names are trademarks
of 1001spells. Without 1001spells' prior permission, you agree not
to display or use in any manner, the 1001spells Marks.
22. COPYRIGHTS and COPYRIGHT AGENTS
1001spells 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 1001spells' Copyright Agent the following information:
an electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright or other intellectual
a description of the copyrighted work or other intellectual property
that you claim has been infringed;
a description of where the material that you claim is infringing
is located on the site;
your address, telephone number, and email address;
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
a statement by you, made under penalty of perjury, that the above
information in your Notice 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.
1001spells' Agent for Notice of claims of copyright
or other intellectual property infringement can be reached
by contacting our Support Department.
Archives contains a vast amount of information from a multitude
of sources, time periods, cultural traditions, and geographical
locations. The site and its contents are intended as a reference
work only and should not be used as a basis of medical information
or advice. Many spells contained in the archive should be
considered dangerous, potentially harmful, and consisting
of deadly materials and should not be reproduced. They are
only included to provide historical context and reference.
These spells should not be used. The publishers of this site
strongly advise that any spell components or materials should
be researched carefully and that spells containing toxic substances
should not be reproduced. This includes spells containing
blood or other biological components (the use of which could
result in the transmission of certain blood-borne disease
which may be fatal).
Any visitor of this site uses the spells
and other materials completely at their own risk and the publisher
of the site accepts no liability if the spells do not have
the desired effect or if adverse affects are caused.
This site is not suitable for children.
23. GENERAL INFORMATION
The TOS constitute the entire agreement between
you and 1001spells and govern your use of the Service, superceding
any prior agreements between you and 1001spells. You also may be
subject to additional terms and conditions that may apply when you
use affiliate services, third-party content or third-party software.
The TOS and the relationship between you and 1001spells shall be
governed by the laws of the State of Ohio without regard to its
conflict of law provisions. You and 1001spells agree to submit to
the personal and exclusive jurisdiction of the courts located within
the county of Hamilton, Ohio. The failure of 1001spells to exercise
or enforce any right or provision of the TOS shall not constitute
a waiver of such right or provision. If any provision of the TOS
is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision,
and the other provisions of the TOS remain in full force and effect.
You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of
the Service or the TOS must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience
only and have no legal or contractual effect.
Please report any violations of the
TOS to our Support Department. Violations
of the TOS may result in termination of access to the Service.