Please read and understand these terms and conditions of use before using this website. Access to and use of this website (the "website") is provided by KHAKANI ("Khakani", "khakani.com", "I" "us" or "we") subject to the following terms (this "Agreement"):
1. Copyrights and Trademarks
(a) This website and all materials incorporated on this website (including, but not limited to text, photographs, graphics, video and audio content) are protected by copyrights, patents, trade secrets or other proprietary rights under laws of the United States and other countries. Some of the characters, logos or other images incorporated by khakani.com on this website are also protected as registered or unregistered trademarks, trade names and/or service marks owned by khakani.com or others, including, without limitation, khakani.com and khakani.com logo(TM) ("Trademarks").
(b) Any use of the Link To khakani.com linking feature may be used only as specifically described on the website. No banner or text link may be modified, and no Trademark contained therein may be copied, extracted or otherwise separately used.
(c) All khakani.com Images, Gifts, including khakani.com Printable PDFs, khakani.com Wallpaper and khakani.com Screensavers, are intended only for personal use and may not be sold, reproduced or otherwise disseminated.
2. Restrictions on Use of Materials
(a) Except as expressly provided elsewhere by this website, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this website, except that you may access and display material and all other content displayed on this website for non-commercial, personal, entertainment use on a single computer only. Without limiting the generality of the foregoing, you may not distribute any part of this website over any network, including a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Except as expressly provided elsewhere by this website, any authorization to copy material granted by khakani.com in any part of this website for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, is subject to your keeping intact all copyright and other proprietary notices, and use of any material on any other website or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this website into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
(b) khakani.com respects the intellectual property rights of others and asks users of this website to please do the same.
3. Creative Submissions, Postings, Emails and Communications
(a) khakani.com does not accept unsolicited submissions of creative ideas, concepts, suggestions, stories, or other potential content. This is to avoid the possibility of future misunderstanding when projects developed by khakani.com staff or representatives might seem to others to be similar to the submitted concepts, creative ideas, suggestions, stories or other potential content. Therefore, please do not send khakani.com any unsolicited submissions.
(b) From time to time, areas on this website may expressly request submissions of creative ideas, concepts, suggestions, testimonials, personal stories or other potential content from you ("Invited Submissions"). Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on this website to govern those submissions ("Additional Terms"), since they will affect your legal rights. If no Additional Terms govern those submissions, then this Agreement will apply in full to any Invited Submissions you make.
(c) PLEASE ACT RESPONSIBLY WHEN USING THIS WEBSITE. You may only use this website and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this website. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the website is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by khakani.com) or privately transmitted on or through this website are the sole responsibility of the sender, not khakani.com, and that you are responsible for all material you upload, post or otherwise transmit to or through this website.
(d) khakani.com requires that you do not post e-mails or submit to or publish through Forums or otherwise make available on this website any content, or act in a way, which in our opinion:
(i) libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
(ii) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(iii) infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;
(iv) violates any law or may be considered to violate any law;
(v) you do not have the right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);
(vi) advocates or promotes illegal activity;
(vii) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
(viii) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on this website;
(ix) solicits funds, advertisers or sponsors;
(x) includes programs which contain viruses, worms and/or "Trojan horses" or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
(xi) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the website;
(xii) copies any other pages or images on this website except with appropriate authority;
(xiii) includes MP3 format files;
(xiv) amounts to a "pyramid" or similar scheme;
(xv) disobeys any policy or regulations established from time to time regarding use of this website or any networks connected to this website; or
(xvi) contains links to other sites that contain the kind of content that falls within the descriptions set out at (i) to (xv) above.
(e) In addition, you are prohibited from removing any sponsorship banners, similar promotional displays and inserts or other material inserted by khakani.com anywhere on this website (e.g., on any web space made available for your use).
4. Impersonation and Third Party Misrepresentation
(a) khakani.com cannot be held responsible for the actions of impersonators and or third parties that misrepresent khakani.com. It is your responsibility to:
(i) not send money to third parties that impersonate or misrepresent changeyourlifespells.com.
(ii) not obey instructions given by third parties that impersonate or misrepresent changeyourlifespells.com.
(iii) report their activities to the authorities and service they are using to communicating with you (email, social networking website, telephone, post office or any other communication service).
(b) Use of this site means that you have seen, read and understood the many warnings to be wary of impersonators that are posted throughout changeyourlifespells.com.
(c) You acknowledge that we cannot be held responsible for any monetary loss or any other damages from the actions of impersonators or third parties that misrepresent changeyourlifespells.com.
(a) Although we make efforts to ensure your privacy and do not collect, store or share your personal information, due to the public, open, architectural, hierarchical and technical nature of the internet, we cannot guarantee that material you send to us will remain anonymous and confidential. It is not our intent to share or make personalized content public and it is your responsibility to:
(i) refrain from submitting testimonials that include personal information that you wish to remain private.
(ii) take measures to ensure that others with access to your computer, system and or network are unable to find and visit your spell pages via bookmarks, favorites, history and or by other means.
(iii) refrain from publishing or sharing direct links to your spell pages on other websites if you wish for your information to remain un-indexed by search engines and take preventative measures to prevent others from doing the same as explained in Privacy ii. If direct links to your spell pages are published or shared, it is your responsibility to remove the links and or persuade others to remove them.
(b) We cannot be held responsible if third party webcrawlers either malfunction or refuse to obey our robot "no-index" and "no-follow" declarations. While we explicity encoded our spell pages to not be indexed by search engines, due to the public, open, architectural, hierarchical and technical nature of the internet, we cannot be held responsible for efforts to circumvent this protection.
6. Hyperlinks To and From Other Sites
(a) This website and it's advertisers may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and the ads that advertisers serve are not under the control of khakani.com, and you acknowledge that (whether or not such sites are affiliated in any way with khakani.com) khakani.com is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link or advertisement does not imply endorsement of any site by khakani.com or any association with its operators.
(b) khakani.com cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from khakani.com since other shop channels are owned and operated by independent retailers. khakani.com does not endorse any of the merchandise, nor has khakani.com taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. khakani.com does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
(c) Any area of this website that is accessed through any third party proprietary online service is subject to the rules, policies and guidelines of such third party proprietary online service.
7. System Abuse
(a) You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this website, unless otherwise expressly permitted by this website.
(b) You are prohibited from using any services or facilities provided in connection with this website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) are strictly prohibited.
THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, CHAT ROOMS, TESTIMONIALS, COMMENTS, COMMUNITY PAGES OR OTHER FORUMS ON THIS WEBSITE ("FORUMS") ARE NOT NECESSARILY THOSE OF khakani.com OR ITS AFFILIATED OR RELATED ENTITIES OR CONTENT PROVIDERS. khakani.com DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF khakani.com. khakani.com MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN ITS SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE ABOVE DISCLAIMERS AND LIMITATIONS ON LIABILITY.
9. Disclaimer of Warranties
THIS WEBSITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THIS WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, khakani.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. khakani.com DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT khakani.com'S WEBSITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. khakani.com DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN THIS WEBSITE OR ANY SITES LINKED TO THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. khakani.com MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THIS WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND khakani.com ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THIS WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
10. Limitation of Liability
khakani.com DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS WEBSITE OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THIS WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF khakani.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT khakani.com) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
khakani.com reserves the right to investigate suspected violations of this Agreement, including, without limitation, any violation arising from any submission, posting or e-mails you make or send to the website or any Forum. khakani.com may seek to gather information from the user who is suspected of violating the terms of this Agreement, and from any other user. khakani.com may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If khakani.com believes, in its sole discretion, that a violation of these terms of this Agreement has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. khakani.com may provide personally identifiable information in response to legal process, for example, in response to a court order or a subpoena. We also may disclose such information in response to a law enforcement agency's request. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS khakani.com FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY khakani.com DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER khakani.com OR LAW ENFORCEMENT AUTHORITIES.
You or we may elect to resolve any claim by individual arbitration. Claims are decided by a neutral arbitrator.
(a) If arbitration is chosen by any party, neither you nor we will have the right to litigate that claim in court or have a jury trial on that claim. Further, you and we will not have the right to participate in a representative capacity or as a member of any class pertaining to any claim subject to arbitration. Arbitration procedures are generally simpler than the rules that apply in court, and discovery is more limited. The arbitrator's decisions are as enforceable as any court order and are subject to very limited review by a court. Except as set forth below, the arbitrator's decision will be final and binding. Other rights you or we would have in court may also not be available in arbitration.
(b) Initiating Arbitration:
(i) Before beginning arbitration, you or we must first send a claim notice. We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgement has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights.
(c) Limitations of Arbitration:
(i) If either party elects to resolve a claim by arbitration, that claim will be arbitrated on an individual basis. There will be no right or authority for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public or other persons similarly situated. The arbitrator's authority is limited to claims between you and us alone. Claims may not be joined or consolodated unless you and we agree in writing. An arbitration award and any judgment confirming it will apply only to the specific case and cannot be used in any other case except to enforce the award. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply.
(d) Arbitration Procedures:
(i) This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of limitations and priveleges. The arbitrator will not apply any federal or state rules of civil procedure or evidence in matters relating to evidence or discovery. Subject to the Limitations on Arbitration, the arbitrator may otherwise award any relief available in court. The arbitration will be confidential, but you may notify any government authority of your claim. At any party's request, the arbitrator will provide a brief written explanation of the award. The arbitrator's award will be final and binding, except for any right of appeal provided by the FAA; however, any party will have 30 days to appeal the award by notifying the arbitration organization and all parties in writing. The organization will appoint a three-arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence.
(e) Arbitration Fees and Costs:
(i) You will be responsible for paying your share of any arbitration fees (including filing, administrative, hearing or other fees), but only up to the amount of the filing fees you would have incurred if you had brought a claim in court.
13. Local Regulations
khakani.com makes no representation that materials or other content in the website are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the website from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
You agree to indemnify and hold harmless khakani.com, its directors, officers, shareholders, parents, subsidiaries, affiliates, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys" fees, resulting from your breach of any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto the website's servers, and/or from any and all use of your account in violation of this Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
15. Applicable Law and Jurisdictional Matters
This Agreement shall be governed by, construed and enforced in accordance with the laws of the country and state where khakani.com resides, as they are applied to agreements entered into and to be performed entirely within the country and state where khakani.com resides. Any action you, any third party or khakani.com may bring to enforce this Agreement or, in connection with any matters related to the website shall be brought only in courts located where khakani.com resides and you expressly consent to the jurisdiction of said courts.
In accessing this website or certain of the resources on the website, you may be asked to provide registration details. It is a condition of use of this website that all the details you provide will be correct, current, and complete. If khakani.com believes the details are not correct, current, or complete, we have the right to refuse you access to the website or any of its resources.
18. Purchases; Other Terms and Conditions
(a) Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the website, including contests, promotions, donations or other similar features, all of which terms are made a part of this Agreement by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between this Agreement and the terms posted for or applicable to a specific portion of the website or for any service offered on or through the website, the latter terms shall control with respect to your use of that portion of the website or the specific service.
(b) khakani.com's obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this website should be construed to alter such agreements.
19. Acceptance of Terms
By using this website, you agree to be legally bound by all of the terms of this Agreement. We reserve the right to change the terms of this Agreement or to change, modify or otherwise alter any features of this website at any time and for any purpose without notice. You should visit this page regularly and review this Agreement for the current terms of this Agreement, since your continued access or use of the website will be deemed as an irrevocable acceptance of any such changes, modifications or alterations. Areas of this website within the proprietary online service offered by khakani.com may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Any such terms will not vary or replace the terms of this Agreement regarding any use of this website, unless otherwise expressly stated.
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.
If you do not agree to be legally bound by all of the foregoing terms, do not access and/or use this website.
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