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MidnightScience.com (CrystalRadio.org) Terms and Conditions of Use

Thank you for using midnightscience.com (the "Web Site") which is provided by The Xtal Set Society, Inc. (the "Company"). This page states the terms and conditions (the "Terms" or the "Agreement") under which you may use the Web Site. Please read this page carefully. By accessing the Web Site you accept and agree to be bound, without limitation or qualification, by these Terms. If you do not accept any of the Terms stated here, do not use the Web Site. The Company may, in its sole discretion, modify or revise these Terms at any time by updating this web page. You are bound by any such modification or revision and should therefore visit this page periodically to review the Terms.

Section 1. Use of Material.

The contents of this Web Site, including but not limited to text, software, photographs, graphics, illustrations, artwork, video, music, sound, names, logos, trademarks, service marks and other material ("Material") are protected by copyright and other laws in both the United States and elsewhere. The Material includes both content owned or controlled by the Company and content owned or controlled by third parties and licensed to the Company.

The Company authorizes you to view and download a single copy of the Material on the Web Site solely for your personal, non-commercial use. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose without the written permission of the Company. Special rules may apply to the use of certain software and other items provided on the Web Site. Any such special rules are listed as "Legal Notices" on this Web Site and are incorporated into this Agreement by reference.

If you would like information about obtaining the Company's permission to use any of the Material on your Web site, e-mail xtalset@midnightscience.com.

If you violate any of these Terms, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.

Section 2. No Warranties.

THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMMPLIED. THE COMPANY AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS. THE COMPANY AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THIS WEB SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ITEMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.

MUCH OF THE MATERIAL ON THE WEB SITE IS PROVIDED BY THIRD PARTIES AND THE COMPANY SHALL NOT BE HELD RESPONSIBLE FOR ANY SUCH THIRD PARTY MATERIAL.

Section 3. Limitation of Liability / Disclaimer of Damages.

Your use of the Web Site is at your own risk. If you are dissatisfied with any of the Materials or other contents of the Web Site or with these Terms and Conditions, or other policies, your sole remedy is to discontinue use of the Web Site.

IN NO EVENT SHALL THE COMPANY OR ITS SUPPLIERS BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTIAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR LOST PROFITS) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE OR THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Section 4. Communities.

General. The Web Site, among other things, contains certain discussion forums, ratings, comments, communities and/or other message or communication facilities (collectively, "Communities"). Much of the content of the Communities, including without limitation the descriptions for many Communities and the content within a specific message, comment or posting, is provided by and is the responsibility of the third party creator of the Community or the person posting in that Community. The Company has no responsibility for such content and is merely providing access to such content as a service to you.

BY THEIR VERY NATURE, COMMUNITIES MAY CARRY OFFENSIVE, HARMFUL, INACCURATE OR OTHERWISE INAPPROPRIATE MATERIAL, OR IN SOME CASES, POSTINGS THAT HAVE BEEN MISLABELED OR ARE OTHERWISE DECEPTIVE. WE EXPECT THAT YOU WILL USE CAUTION AND COMMON SENSE AND EXERCISE PROPER JUDGMENT WHEN USING COMMUNITIES.

Permitted Uses. You agree that you are responsible for your own communications and for any consequences thereof. You agree to use the Communities only to send and receive messages and material that are legal, proper and related to the particular Community. By way of example, and not as a limitation, you agree that when using a Community, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

Publish, post, upload, distribute or disseminate or offer to do the same (hereinafter "Post") any inappropriate, defamatory, infringing, obscene, or unlawful material or information.

Post any material that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party (the "Rights"), unless you are the owner of the Rights or have the permission of the owner to post or transmit such material.

Advertise or offer to sell any goods or services for any commercial purpose, other than in Communities intended for such uses.

Impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of material contained in a file that is Posted.

Restrict or inhibit any other user from using and enjoying the Communities.

No Obligation to Monitor. The Company does not control the information delivered to the Communities, and the Company has no obligation to monitor the Communities. However, the Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, for any reason whatsoever, in the Company's sole discretion.

No Endorsement. The Company does not endorse, support, represent or guaranty the truthfulness, accuracy, or reliability of any communications Posted in the Communities or endorse any opinions expressed in the Communities. You acknowledge that any reliance on material Posted in the Communities will be at your own risk.

Company's Rights. If the Company discovers communications which allegedly do not conform to any term of this Agreement, the Company may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the communication. The Company will have no liability or responsibility for performance or non-performance of such activities. The Company reserves the right to terminate or restrict your access to any or all of the Communities at any time without notice for any reason whatsoever.

Privacy. You acknowledge that all Communities are public and not private communications, and that therefore others may read your communications without your knowledge. Always use caution when giving out any personally identifying information about yourself or your children in any Community. The Company does not control or endorse the content, messages or information found in any Community and, therefore, the Company specifically disclaims any liability with regard to the Communities and any actions resulting from your participation in any Community. Generally, any communication which you post to the Web Site (whether in discussion groups or otherwise) is considered to be non-confidential.

License Grant. By posting communications on or through the Web Site, you automatically grant the Company a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.

Section 5. Copyright Infringement and Copyright Agent.

The Company may, in appropriate circumstances and at its discretion, remove, or disable access to, material on the Web Site that infringes on the rights of others.

If you believe that your work has been used on the Web Site in a manner that constitutes copyright infringement, please provide the Company's Copyright Agent with a written notice (e-mail is sufficient) that includes the following information:

an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed; a description of where the material that you claim is infringing is located on the Web 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 law; a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

The Company's Copyright Agent for notice of claims of copyright infringement on the Web Site can be reached as follows:

By mail:

Patricia
The Xtal Set Society, Inc.
PO Box 3636
Lawrence, KS 66046

By email:

xtalset@midnightscience.com

Section 6. Links to Other Sites.

The Web Site contains links to third party web sites that are maintained by others. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party Web sites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.

Section 7. Indemnity.

You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the terms of this Agreement.

The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably assist you, at your expense, in defending any such claim, suit or proceeding.

Section 8. Export Control.

The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Materials to countries or persons prohibited under the export control laws. By downloading the Materials, you are agreeing that you are not in a country where such export is prohibited and that you are not on the U.S. Commerce Department's Table of Denial Orders or the U.S Treasury Department's list of Specially Designated Nationals. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Product.

Section 9. General.

The Company makes no claims that the Materials are appropriate for any particular purpose or audience, or that they may be downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you are responsible for compliance with the laws of your jurisdiction.

This Company is headquartered in St. Louis, Missouri. All legal issues arising from or related to the use of the Web Site shall be construed in accordance with and determined by the laws of the State of Missouri. By using this Web Site, you hereby irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such action or proceeding and any claim that any such action or proceeding has been brought in an inconvenient forum.

If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular "Legal Notice" for material on particular web pages, this Agreement constitutes the entire Agreement between you and the Company with respect to the use of Web Site. Any changes to this Agreement must be made in writing, signed by an authorized representative of the Company.


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