Hypnofantasy Sites’ Terms and Conditions for Use.
EFFECTIVE DATE: August 31, 2007
HYPNOFANTASY, WWW.HYPNOFANTASY.COM,WWW.HYPNOFANTASYDOWNLOADS.COM, WWW.NIKKIFATALE.COM, WWW.HYPNOFANTASYFRIENDS.COM, WWW.HYPNOMINDMELDER, AND WWW.HYPNOCHICKEN.COM CONTAIN ADULT ORIENTED IMAGES AND AUDIO. YOU MUST BE 18 YEARS OR OLDER TO USE THE HYPNOFANTASY WEBSITES.
USER SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THESE WEB SITES, MAKING A PURCHASE OR LISTENING TO ANY AUDIO FILES. THIS AGREEMENT COVERS THE USE OF THE HYPNOFANTASY WEBSITES AND THE PURCHASING OF PRODUCTS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS YOU SHOULD NOT USE THESE WEB SITES. BY USING THESE WEB SITES, EITHER BY ACCESSING, DOWNLOADING FROM, UPLOADING TO, OR OTHERWISE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.
HYPNOFANTASY USER AGREEMENT
These TERMS and CONDITIONS serve to protect both parties by preventing confusion, misunderstanding, and to ensure HYPNOFANTASY and User both act fairly. Please read these TERMS and CONDITIONS carefully. These Terms and Conditions apply to your use of the HYPNOFANTASY SITES and any session downloads that you purchase from the HYPNOFANTASY Sites because by accessing the HYPNOFANTASY SITES you are agreeing to be legally bound by these TERMS. These TERMS and CONDITIONS may be updated by us from time to time without notice to User. Therefore User should review these TERMS and CONDITIONS periodically for changes. These TERMS and CONDITIONS can be found in the DISCLAIMER SECTION at the bottom of each site’s HOME PAGE.
The HYPNOFANTASY SITES list and describe a number of spoken-word erotic hypnosis session recordings which may be either listened to online or purchased for download by following the simple instructions on the HYPNOFANTASY SITES. Your purchase of any of these hypnosis downloads is subject to confirmation by HYPNOFANTASY and is governed by these TERMS and CONDITIONS as well as any additional conditions specified in the HYPNOFANTASY Sites, emails or other correspondence from HYPNOFANTASY at the time of purchase.
SECTION 1: DEFINITIONS
Hypnofantasy (referred to “We” and “Us” infra) is a sole proprietorship duly registered in Mississauga, Ontario, Canada, whose mailing address is:
PO Box 42015
Canada Postal Outlet, Centre Plaza
128 Queen Street South
Mississauga, ON, L5M 4Z0
1.2 HYPNOFANTASY SITES
“HYPNOFANTASY Sites” shall refer to six websites owned and operated by HYPNOFANTASY. Specifically:
“User” shall refer to any person who enters or uses any of the HYPNOFANTASY Sites; notwithstanding the fact such a person only visits the home page. “User” is a purchaser, visitor or subscriber to the Hypnofantasy Sites. “User” is referred herein as “You”, “Your”, “Customer”, “Visitor”, and “Purchaser.”
“Currency” shall mean United States currency. All prices quoted are in U.S. Dollars.
1.5 PERSONAL INFORMATION
“Personal Information” shall mean any confidential or other proprietary information disclosed by User to HYPNOFANTASY hereunder, including, but not limited to, name, postal address, credit card information, and email address.
All references referring to the singular refer to the plural and vice versa.
SECTION 2: GENERAL PROVISIONS
HYPNOFANTASY, www.hypnofantasy.com, www.nikkifatale.com, www.hypnofantasyfriends.com, www.hypnomindmelder.com, www.hypnochicken.com, www.hypnofantasydownloads.com
2.1 USE OF INFORMATION AND AUDIOFILES AVAILABLE ON THE HYPNOFANTASY SITES
You acknowledge that HYPNOFANTASY reserves the right to modify, revise or discontinue the HYPNOFANTASY Sites, or any features, functionality or services provided as part of or in connection with the HYPNOFANTASY Sites, without prior notice.
Generally speaking, all information or materials contained on the HYPNOFANTASY Sites (including but not limited to all graphics, images, or other types of content), is the property of HYPNOFANTASY and/or its suppliers or licensors. Any files available to download from the HYPNOFANTASY Sites are the copyrighted work and intellectual property of HYPNOFANTASY and/or its suppliers or licensors. Use of such files is governed by the terms of any User Agreement included herein. Copying the audio files to any other location for further reproduction or redistribution is expressly prohibited.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE HYPNOFANTASY SITES, YOU MAY NOT DISTRIBUTE, EXCHANGE, MODIFY, SELL OR TRANSMIT ANYTHING YOU COPY FROM THE HYPNOFANTASY SITES. UNAUTHORIZED USE OF THE MATERIALS OR INFORMATION CONTAINED HEREIN MAY CONSTITUTE A VIOLATION OF APPLICABLE CRIMINAL OR CIVIL LAWS, INCLUDING BUT NOT LIMITED TO COPYRIGHT, TRADEMARK, OR PRIVACY LAWS.
2.2 DESIGN AND LAYOUT
The design of the HYPNOFANTASY Sites is the property of HYPNOFANTASY. Elements of the HYPNOFANTASY Sites, including but not limited to logos, graphics, sounds or images, are protected by copyright, and other intellectual property laws, and may not be copied or imitated, unless specifically indicated.
2.3 USER PRIVACY INFORMATION
In general, Visitors may visit the HYPNOFANTASY Sites while remaining anonymous and not revealing any personal information.
HYPNOFANTASY reserves the right to use “cookie” technology to obtain non-personal information from its on-line visitors, and to provide customization options at login, or to keep track of where you are in the HYPNOFANTASY Sites in order to provide the correct customization options when you use the HYPNOFANTASY Sites. In addition, you may be required to provide certain personal information, such as your name, address, and email, before you can participate in certain portions of the HYPNOFANTASY Sites. HYPNOFANTASY does not sell Personal Information to third parties that User has submitted to the HYPNOFANTASY Sites.
Whenever User registers at any of the HYPNOFANTASY Sites via email, HYPNOFANTASY will treat your email address with the greatest of respect and confidence. HYPNOFANTASY will never sell, exchange, or redistribute said Personal Information. Further, if User unsubscribes using the link embedded in every email, User’s address will be deleted from HYPNOFANTASY records permanently. If you have any further concerns, please contact HYPNOFANTASY utilizing contact information provided in Section 1.1 supra.
When User makes a purchase from or subscribes to any of the HYPNOFANTASY Sites, HYPNOFANTASY will collect information about User necessary to process User’s order. This information may include, but is not limited to, details such as your name and your address.
2.4 USER’S CREDIT CARD INFORMATION
HYPNOFANTASY does not have access to your credit card details at any time in the course of the transaction. User’s credit card will be processed by Moneris Solution, a worldwide online payment processor and you will be subject to their Terms and Conditions.
2.5 USER FEEDBACK AND IMPROPER TRANSMISSIONS
Except for Personal Information, if User transmits to or otherwise provides to HYPNOFANTASY any feedback such as questions, comments, suggestions, or the like (hereinafter “User Feedback”), such User Feedback shall be deemed to be non-confidential and non-proprietary. HYPNOFANTASY shall have no obligation of any kind with respect to such User Feedback and shall be free to reproduce, use, disclose, modify, display and distribute the User Feedback to others without limitation. By transmitting such User Feedback to HYPNOFANTASY, you are deemed to grant to HYPNOFANTASY a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license (with rights to sublicense) to use any ideas, concepts, know-how or techniques contained in such User Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such User Feedback.
User is prohibited from posting or transmitting to the HYPNOFANTASY Sites any unsolicited chain letters or “spam”, or any threatening, harassing, libelous, false, or defamatory, material, or other material that would violate any applicable law or regulation… However, if such communications do occur, HYPNOFANTASY will have no liability related to the content of any such communications. User may not post or transmit to the HYPNOFANTASY Sites any advertising, surveys, promotional materials, contests, or any other commercial or non-commercial solicitations.
2.6 DELETION AND LOCKOUT
2.7 FRAMING AND DEEP LINKING
User is permitted to view the HYPNOFANTASY Sites only in its full presentation form and are prohibited from “framing” the HYPNOFANTASY Sites. You are prohibited from “deep linking”, whereby you use the content from the HYPNOFANTASY Sites with any other web site via active linking or data mining without express written permission of HYPNOFANTASY.
SECTION 3: DISCLAIMERS, EXCLUSIONS, LIMITATIONS
For avoidance of doubt, please note that the term “HYPNOFANTASY Sites” as used in this Section, infra, encompasses all content of all
HYPNOFANTASY Sites whatsoever.
THE HYPNOFANTASY SITES ARE PROVIDED BY HYPNOFANTASY “AS IS” AND WITH ALL FAULTS. HYPNOFANTASY AND ITS SUBSIDIARIES, AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED WITH REGARD TO THE HYPNOFANTASY SITES, ITS CONTENTS OR ITS OPERATION. HYPNOFANTASY SPECIFICALLY STATES THAT THE USE OF THE SITE IS AT YOUR OWN RISK. HYPNOFANTASY AND ITS SUBSIDIARIES, AND AFFILIATES DISCLAIM ANY WARRANTY WITH REGARD TO THE OPERATION OF THE SITE, THE ACCURACY OR TIMELINESS OF THE HYPNOFANTASY SITES, OR ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN, ANY WARRANTY THAT THE HYPNOFANTASY SITES OR ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN WILL BE FREE OF ERRORS, VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY. HYPNOFANTASY AND ITS SUBSIDIARIES, AND AFFILIATES MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES AS TO THE ACCURACY, TRUTHFULNESS, OR RELIABILITY OF ANY POSTED INFORMATION. NEITHER HYPNOFANTASY NOR ANY THIRD PARTIES PROVIDE ANY WARRANTY OR GUARANTEE AS TO THE ACCURACY, TIMELINESS, PERFORMANCE, COMPLETENESS OR SUITABILITY OF THE INFORMATION AND MATERIALS FOUND OR OFFERED ON THE HYPNOFANTASY SITES FOR ANY PARTICULAR PURPOSE. USER ACKNOWLEDGES THAT SUCH INFORMATION AND MATERIALS MAY CONTAIN INACCURACIES OR ERRORS TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR USE OF ANY INFORMATION OR MATERIALS ON THE WEBSITE IS ENTIRELY AT YOUR OWN RISK, FOR WHICH HYPNOFANTASY SHALL NOT BE LIABLE. IT SHALL BE YOUR OWN RESPONSIBILITY TO ENSURE THAT ANY PRODUCTS, SERVICES OR INFORMATION AVAILABLE THROUGH THIS WEBSITE MEET YOUR SPECIFIC REQUIREMENTS.
3.2 CONTENT OF HYPNOFANTASY SITES
The content of the pages of the HYPNOFANTASY Sites is for your general information and use only. It is subject to change without notice.
These HYPNOFANTASY Sites contain material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions (see Section 4, infra).
All trademarks reproduced on the HYPNOFANTASY Sites which are not the property of, or licensed to HYPNOFANTASY are acknowledged on the HYPNOFANTASY Sites.
Unauthorized use of the HYPNOFANTASY Sites may give rise to a claim for damages and/or be a criminal offense.
From time to time the HYPNOFANTASY Sites may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that HYPNOFANTASY in any way endorses the website(s). HYPNOFANTASY has no responsibility for the content of the linked website(s).
User may not create a link to this website from another website or document without that business” prior written consent.
3.3 EXCLUSION OF DAMAGES AND LIMITATION OF LIABILITY
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE RESPECTIVE LIABILITY OF HYPNOFANTASY, AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR SUPPLIERS AND LICENSORS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
HYPNOFANTASY in no way warranties the effectiveness of the audio files placed on the HYPNOFANTASY Site. Said files are hypnosis files, intended for willing participants of legal age, and are intended for entertainment purposes only. USE AT YOUR OWN RISK.
3.4 LEGAL RELATIONSHIP
The scripts, words, speakers, images, audio and any and all material contained in the HYPNOFANTASY Sites are not produced by or in consultation with a Certified Hypnotist or mental health professional, unless expressly stated otherwise therein. They are produced by entertainers for entertainment use only Notwithstanding the consultation or non-consultation of the aforesaid with a Certified Hypnotist or mental health professional, no medical, client, advisory, fiduciary or professional relationship is implicated or established between HYPNOFANTASY and User.
3.5 WARNINGS SPECIFIC TO CONTENT OF AUDIO FILES
The audio files available for streaming and purchase on HYPNOFANTASY Sites are designed to create psychological changes in a person and are organized, and listed by what they are designed to do. Every effort is made to accurately describe the content of said files. However, HYPNOFANTASY is not liable for any errors or omissions. There is a high likelihood User will become extremely relaxed by listening to these files. Never listen to these files when driving a car, using machinery or at any time when a full, alert, state of mind is required. Always listen to these files in a safe and secure location. These audio sessions use brainwave altering sounds. Please use caution when playing these brainwave altering sounds in the presence of others. User should refrain from using HYPNOFANTASY audio files if User is susceptible to seizures and/or is uncomfortable having User’s brainwaves stimulated. These sessions should not be used by pregnant women, those who are wear a pacemaker, and those who have had or are prone to seizures or are epileptic. These sessions are not to be used while under the influence of alcohol or other mood altering substances, whether they are legal or illegal.
PLEASE DO NOT USE THESE FILES IF:
a. You suffer from ongoing mental illness, including but not limited to, anxiety, schizophrenia, depression;
b. You are currently taking any prescription or non prescription medications to treat mental illness including but not limited to anxiety, schizophrenia or depression; and
c. You are aware of any reason mental, physical or otherwise that would mean you should not be hypnotized.
Please be advised that prolonged use of erotic audio recordings can be addictive. Please exercise balance and discretion and seek professional assistance if necessary. HYPNOFANTASY is in no way liable for any damages.
3.6 THIRD PARTIES AND THIRD PARTY LINKS
The HYPNOFANTASY SITES may provide links to other web sites or resources. As HYPNOFANTASY has no control over such sites and resources, we are not responsible for the availability of such external sites or resources, do not endorse and are not liable for any content, advertising, products, or other materials on or available from such sites or resources. Any dealings by you with any third party on or through the HYPNOFANTASY SITE shall be solely between you and that third party and, so far as permitted by law, HYPNOFANTASY shall not be liable for any loss or damage which you may incur as the result of any such dealings.
3.7 RETURN POLICY
3.7(a) Purchase of Audio Files As these are digital products that can be easily copied there are NO RETURNS OR REFUNDS once the order and payment is received by HYPNOFANTASY. Notwithstanding this fact and since member satisfaction is very important to HYPNOFANTASY, we will endeavor to find a fair and prompt solution to any issue you may have, though HYPNOFANTASY and HYPNOFANTASY Sites are under no legal obligation to do so.
3.7(b) Purchase of HYPNOFANTASY Sites Membership, Subscription and Audio Streaming Rights You acknowledge that HYPNOFANTASY reserves the right to modify, revise or altogether discontinue and remove the HYPNOFANTASY Sites, or any features, functionality or services provided as part of or in connection with the HYPNOFANTASY Sites, without prior notice. Any such modification, revision, or complete discontinuation WILL NOT RESULT IN A REFUND of your subscription costs either in whole or in part.
THERE ARE ABSULOUTELY NO REFUNDS
SECTION 4: COPYRIGHT POLICY AND CONTACT INFORMATION
4.1 LIMITED USE AFFORDED BY PURCHASE OR SUBSCRIPTION
By purchasing any hypnosis sessions via the HYPNOFANTASY SITE User shall be entitled to:
a. download the hypnosis session as an MP3 file onto a single computer; and
b. save a copy of the hypnosis session onto a CD, tape, mini-disc, MP3 player or onto the hard drive of your computer;
Downloads and Membership to HYPNOFANTASY Sites is for personal use only. User must not use any content of the HYPNOFANTASY SITES or hypnosis downloads for any commercial purpose, share these sessions or share MEMBER ACCESS code with anyone. Except as expressly authorized by HYPNOFANTASY, User may not copy, download, adapt, alter, modify, rent, lease, loan, sell, distribute, communicate or make available to the public or create derivative works of any HYPNOFANTASY Content, in whole or in part.
4.2 COPYRIGHT COMPLAINT POLICY
HYPNOFANTASY is particularly concerned about copyright infringement. HYPNOFANTASY expects the users of the HYPNOFANTASY Sites to
respect the copyrights and intellectual property of others. It is a violation of these Terms and Conditions for a User to post
material in a manner that infringes the copyrights of HYPNOFANTASY and other businesses.
HYPNOFANTASY may, under appropriate circumstances and in accordance with the Terms and Conditions, terminate the accounts of users
who post material that HYPNOFANTASY has reason to believe infringes on the copyrights of others.
If you believe that your copyrighted work has been infringed, you may provide a notification of claimed infringement containing the following information:
a. The physical or electronic signature of the copyright owner or the person authorized to act on behalf of the copyright owner;
b. A description of the material you claim has been infringed;
c. A description of the claimed infringing material, including information describing its location on the HYPNOFANTASY Sites;
d. Your name, address, telephone number, and email address;
e. A statement by you that you have a good faith belief that use of the allegedly infringing material is not authorized by the copyright owner, the copyright owner’s agent, or the law; and
f. A statement by you that the information you have provided is accurate and, under the penalty of perjury, that you are the copyright owner or that you are authorized to act on behalf of the copyright owner.
Please provide all of the information listed above, or HYPNOFANTASY may not able to process your complaint.
Send your notification of claimed infringement to at the following address:
PO Box 42015
Canada Postal Outlet, Centre Plaza
128 Queen Street South
Mississauga, ON, L5M 4Z0
Please note that any information provided under this Complaint Policy, including the original notification and any responses to it, may be shared with others as deemed by HYPNOFANTASY necessary or appropriate to process your notification
4.3 HYPNOFANTASY CONTACT INFORMATION
If you have any questions about the practices of these HYPNOFANTASY Sites, or your dealings with this Site, you can contact HYPNOFANTASY at the following address and email:
PO Box 42015
Canada Postal Outlet, Centre Plaza
128 Queen Street South
Mississauga, ON, L5M 4Z0
SECTION 5 CHOICE OF LAW/JURISDICTION
5.1 Choice of Law
The applicable law governing any legal cause of action arising between the User and HYPNOFANTASY shall be the law of the jurisdiction of Mississauga, Ontario, Canada.
In the event a legal dispute or cause of action arising between HYPNOFANTASY and User, User agrees to the sole and exclusive jurisdiction of the Courts of Mississauga, Ontario, Canada.
SECTION 6 CONFLICTS
6.1 Conflict of Provisions.
Where any conflict or contradiction appears between the provisions of HYPNOFANTASY’s terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the Websites shall prevail in respect of User’s use of the relevant section or module of the
6.2 Conflict of Law
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF JURISDICTION AND CHOICE OF LAW, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE RESPECTIVE LIABILITY OF HYPNOFANTASY, AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR SUPPLIERS AND LICENSORS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
SECTION 7 FINAL AGREEMENT AND WAIVER
7.1 Final Agreement
These terms constitute the entire agreement between HYPNOFANTASY and User.
7.2 No Implied Waiver
Any failure by HYPNOFANTASY to exercise or enforce any provision of these terms shall not constitute a waiver of such provision.
EFFECTIVE DATE: August 30th, 2007