Crazy Buffalo Adventure, LLC (“CBA”, “we” or “us”) operates several websites, including without limitation:
- The Image of Reflection™ online gaming site, which features Mirror™ card readings and is located at [www.imageofreflection.com],
- The Imaginarium of Reflection™, which is the social network companion to the Image of Reflection™ site and is located at [srealm.imageofreflection.com],
- The Bazaar online store, located at [shop.imageofreflection.com]; and
- The CBS company website, located at [castv1.imageofreflection.com].
(collectively, the “Sites”).
We’re glad you’re here. On our Sites, we provide a wide variety of services and products, including without limitation: subscriptions-based services such as The Image of Reflection™ online game; groups and community forums; event announcements; and an online store featuring items for purchase such as downloadable ecards, ebooks, audiobooks, hardcopy books, apparel and other items (collectively, our “Products and Services”).
You are one of our many visitors or members who are searching for something and want to explore the Sites and everything they have to offer. Our Sites are adult-oriented Sites. Our Sites are not intended for children under the age of 18 and we do not endeavor to attract children under the age of 18.
If you are under 18 years of age, please do not use our Sites. There are many web sites out there that are appropriate for you, and you should talk with your parents or legal guardian about what sites are OK for you to visit. Although we cannot absolutely control whether minors gain unauthorized access to our Sites, your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 18 years of age.
INFORMATION WE PROVIDE
We endeavor to make our Sites a place you feel safe coming to, and while we cannot guarantee every statement on the Site is accurately communicated, we do work hard to make sure the information we provide is thorough. Our Sites and our Products and Services, including without limitation the Image of Reflection™ game and Mirror™ card readings, are for entertainment and personal purposes only. When using some of our Products and Services, including any card readings, it is recommended that the User create an environment whether s/he will not be disturbed or distracted. Always look critically at any information presented to you and always read warnings and directions before using one of our Sites. Our Products and Services should be used responsibly, safely, and only for the purpose intended.
NAVIGATING OUR SITES
Although you can access and read portions of the Sites as a Visitor, you must register as a Member to use certain Site features, including playing a game, posting Content, and sharing certain information social media sites. Some of our Sites may be accessed without registering with us; other Sites require subscription or registration to access certain features.
A “Visitor” is someone who is browsing through our Sites. A “Member” is someone who has registered with, or who has paid a subscription to, one or more of our Sites.
Among other benefits and depending on the level of Membership, Members may be able to play games, participate in our online discussions, and receive email offers from us.
You may also be required to register as a Member to participate in special promotions we offer, including contests and sweepstakes. To learn how we manage your personal information online,
please see our Privacy Statement. Valid and accurate completion of the registration process leads to “Membership.” Visitors and Members are referred to collectively as “Users.”
Give careful thought to the information you post about yourself in your profile on our Sites and that you choose to share with other Users.
During the Membership registration process with some of our Sites, you will be prompted to provide personal information that allows us to know who you are, such as your name, residence city, state, country, and email address and credit card information (“Registration Information”). By using our Sites, you represent and warrant that: (a) all Registration Information you submit is truthful, accurate, current and complete; (b) you will maintain the accuracy of such Registration Information by updating and revising it promptly; and (c) your use of our Sites does not violate any applicable law or regulation.
You authorize us to make any inquiries, either directly or through third parties, that we consider necessary to validate your Registration Information. We reserve all rights to take legal action against anyone who misrepresents personal information or is otherwise untruthful about their identity, and to suspend or cancel Memberships established using inaccurate or incomplete information. Notwithstanding the foregoing, you acknowledge that we cannot guarantee the accuracy of any information submitted by any User of the Sites, nor any identity information about any User.
You affirm that you are 18 years of age or older. You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
REGISTRATION INFORMATION; ACCESS TO OUR SITES
During the registration process, you may be asked to enter a screen name if you want to be able to play games and participate in online discussions (“User Name”). You may select any User Name so long as, in our discretion, your choice of User Name does not cause deception or confusion; nor violates any trademark right, copyright, or other proprietary right; or a name which we deem to be vulgar or offensive. We reserve the right to delete or change any User Name for any reason or no reason. You are fully responsible for all activities conducted through your Membership or under your User Name.
During the registration process, you may also be asked to choose a password. You are entirely responsible for maintaining the security of your password. You agree not to use another Member’s account or password at any time, or to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your Membership or access to your password. You should never respond to an online request for a password other than in connection with the log-on process for the Sites. Your disclosure of your password to any other person is at your own risk. Although we will not be liable for your losses caused by any unauthorized use of your Membership, you may be liable for our losses or the losses of others as a result of such unauthorized use.
You acknowledge that we reserve the right to charge for some or all aspects of the Sites. You may cancel your Membership at any time. On your election to cancel, your Membership will be cancelled within 24-48 hours; however, if you have paid for access to specific Products or Services in advance through a specific date, you will be permitted to use those Products or Services through that date. Notwithstanding the foregoing, if your Membership is terminated as a result of your breach of these Terms, your access will be terminated and you shall not be entitled to the refund of any unused portion of fees.
We have the right at any time for any reason or no reason to suspend or terminate your Membership, terminate these Terms, and/or refuse any and all current or future use of the Sites without notice or liability to you. In the event that we suspend or terminate your Membership or these Terms, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees, any content or data associated with your Membership, or for anything else.
We do not provide Internet access. You are solely responsible for any fees associated with your Internet connection.
We reserve the right to interrupt the Sites with or without prior notice for any reason or no reason. You agree that we will not be liable for any interruption of the Sites, delay or failure to perform, and you understand that except as may be otherwise specifically provided for in this Agreement you shall not be entitled to any refunds of fees for interruption of service or failure to perform. We have the right at any time for any reason or no reason to change and/or eliminate any aspect(s) of the Sites as it sees fit in its sole discretion.
Our Sites are for the personal use of Members and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Illegal and/or unauthorized use of the Sites, including collecting User Names and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Sites is prohibited. Commercial advertisements, affiliate links, spam, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership. Appropriate legal action may be taken for any illegal or unauthorized use of the Sites.
The web is full of temptations; don’t succumb. Please play nice with your and other people’s information.
Access to Content
You acknowledge that CBA, Users and other Content Providers have rights in their respective Content under copyright and other applicable laws and treaty provisions, and that except as described in this Agreement, such rights are not licensed or otherwise transferred by mere use of the Sites or a given Service. You accept full responsibility and liability for your use of any Content in violation of any such rights. You also acknowledge that CBA is not responsible for any misused Content you upload to our Sites by third parties.
Ownership of Content; License
In order for you to use our Sites, you may have to load your stuff on it and we have to host it. That means you are giving us permission to host it. We don’t own it, we just have a digital copy of it. You retain copyright and other intellectual property rights with respect to your Content (such as posts on community forums), to the extent that you have such rights under applicable law. However, you must make certain representations and warranties, and provide certain license rights, forbearances and indemnification to CBA and to other Users of our Sites.
Notwithstanding the foregoing, you understand and agree that by submitting your Content to any area of the Sites, you automatically grant (and you represent and warrant that you have the right to grant) to CBA:
(a) a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to (i) use, reproduce and distribute your Content within the Sites as permitted by you through your
interactions on and through the Sites, and (ii) use and reproduce (and to authorize third parties to use and reproduce) any of your Content in any or all media for marketing and/or promotional purposes
in connection with the Sites, provided that in the event that your Content appears publicly in material under the control of CBA, and you provide written notice to CBA of your desire to discontinue the
distribution of such Content in such material (with sufficient specificity to allow CBA, in its sole discretion, to identify the relevant Content and materials), CBA will make commercially reasonable
efforts to cease its distribution of such Content following the receipt of such notice, although CBA cannot provide any assurances regarding materials produced or distributed prior to the receipt of such notice;
(b) the perpetual and irrevocable right to delete any or all of your Content from CBA’s servers and from the Sites, whether intentionally or unintentionally, and for any reason or no reason, without any liability of
any kind to you or any other party; and (c) a royalty- free, fully paid-up, perpetual, irrevocable, non-exclusive right and license to copy, analyze and use any of your Content as CBA may deem necessary or desirable
for purposes of debugging, testing and/or providing support services in connection with the Sites. Further, you agree to grant to CBA a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive,
sublicensable right and license to exercise the copyright, publicity, and database rights you have in your Membership information, including any data or other information generated by your Membership activity, in
What you upload is yours, so take care of it. You further understand and agree that: (i) you are solely responsible for understanding all copyright, patent, trademark, trade secret and other intellectual property or other laws that may apply to your Content hereunder; (ii) you are solely responsible for, and CBA will have no liability in connection with, the legal consequences of any actions or failures to act on your part while using the Sites, including without limitation any legal consequences relating to your intellectual property rights; and (iii) CBA’s acknowledgement hereunder of your intellectual property rights in your Content does not constitute a legal opinion or legal advice, but is intended solely as an expression of CBA’s intention not to require users of the Sites to forego certain intellectual property rights with respect to Content they upload, subject to the terms of this Agreement.
Of course, we own some things, too. In addition to all digital images, text, layout, look-and-feel, trademarks, and other intellectual property uploaded and/or used on the Sites that is not uploaded by Members, you agree that even though you may retain certain copyright or other intellectual property rights with respect to Content you upload while using the Sites, you do not own the Membership you use to access the Sites, nor do you own any data CBA stores on CBA’s servers (including without limitation any data representing or embodying any or all of your Content). Your intellectual property rights do not confer any rights of access to the Sites or any rights to data stored by or on behalf of CBA
Your Use of Content
Content available through the Sites is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Sites and Content.
You may access User Content solely:
- for your information and personal use;
- as intended through the normal functionality of our Sites; and
- for Streaming. “Streaming” means a contemporaneous digital transmission of an audio or audiovisual work via the Internet from our Sites to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User. Accessing User Content for any purpose or in any manner other than Streaming is expressly prohibited.
Users have the opportunity to provide comments about Content, your profile and any number of topics on the Sites (“Comments”), and these Comments are made available to you for your information and personal use solely as intended through the normal functionality of our Sites. Comments are made available “as is,” and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of our Sites or otherwise as prohibited under this Agreement.
You may access CBA Content, User Content and other Content only as permitted under this Agreement. We reserve all rights not expressly granted in and to the CBA Content and the Sites.
You agree to not engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, including any use, copying, or distribution for any commercial purposes of third party User Content obtained through the Sites, and that you will hold harmless CBA for any third party use, copying, or distribution of and of the Content you upload.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Sites or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Sites or the Content therein.
You understand that when using the Sites, you will be exposed to User Content from a variety of sources, and that CBA is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against CBA with respect thereto, and agree to indemnify and hold CBA, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors harmless to the fullest extent allowed by law regarding all matters related to your use of the Sites.
We respect you, our CBA family of customers, and expect you to do the same while you are online visiting our Sites. You are free to use and enjoy the Sites for your non-commercial benefit, but you may not engage in behavior that could undermine the stability or security of the Sites, subject us to legal liability, do anything that would compromise the trust we have with our customers, or use our Site for anything but its intended uses, namely, getting to know our products.
In cases where we allow community forums and social networks, we ask that you use your company manners when sharing information with others, and not harass, defame, use inflammatory or objectionable language, or engage in inappropriate activity while on the Sites. The same is true for any images you might upload to our Sites, where we allow them: please make certain those images are ones you own, are not offensive or inflammatory, and do not infringe the rights of others. While we do not generally review content that our customers share with each other, we may remove community discussions or other customer content if we have been alerted that content is offensive or under our standards. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates any of these terms, including without limitation, removing the offending communication from the Sites and terminating the Membership of such violators.
You agree that you shall not:
- Take any action or upload, post, e-mail or otherwise transmit Content that infringes or violates any third party rights;
- Impersonate any person or entity without their consent, including, but not limited to, an CBA employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Make unauthorized use of any CBA trademarks or service marks;
- Take any action or upload, post, e-mail or otherwise transmit Content that violates any law or regulation;
- Take any action or upload, post, e-mail or otherwise transmit Content as determined by CBA, in its sole discretion, that causes tort, is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- Take any actions or upload, post, e-mail or otherwise transmit Content that contains any viruses, Trojan horses, worms, spyware, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- Take any action or upload, post, email or otherwise transmit any Content that would violate any right or duty under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, or promotional materials, that are in the nature of “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation that CBA considers in its sole discretion to be of such nature;
- Interfere with or disrupt the Sites or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites;
- Attempt to gain access to any other Member’s Membership account or password; or
- “Stalk,” abuse or attempt to abuse, or otherwise harass another User. Any violation by you of the terms of the foregoing sentence may result in immediate and permanent suspension or cancellation of your Membership.
You agree that CBA may take whatever steps it deems necessary to abridge, or prevent behavior of any sort on the Sites in its sole discretion, without notice to you.
We may make various offers, including discounts and promotions, from time to time on our Sites. We ask that you review the guidelines associated with each special offer, as they will differ. In the event we have inadvertently made a typographical error on any coupon or special offer, we reserve the right to suspend redemption or terminate altogether the coupon or offer. Please be advised that unless otherwise noted in the offer, all offers are for adults who are the age of majority in their state. We may also offer our Visitors and/or Members the opportunity to participate in contests and sweepstakes. In each case, please check the rules associated with the particular promotion to determine your eligibility and to review any privacy concerns you may have.
ADDITIONAL LEGAL TERMS
Please visit our Sites at your own risk. This website is provided “as is,” on an as-available basis and CBA expressly disclaims all warranties, including the warranties of merchantability, fitness for a particular purpose, and non-infringement. We are not liable for any direct, indirect, incidental, special, or consequential damages (including attorneys’ fees and lost profits or savings) to you connected with use of this website, including its content and regardless of any negligence by us. CBA does not guarantee that the functions contained on this website will be uninterrupted or error-free, that this website or its server will be free of viruses or other harmful components, or that defects will be corrected even if CBA is aware of them.
We trust you understand that CBA disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to: (1) any errors in or omissions from this website, including, but not limited to, technical inaccuracies and typographical errors; (2) any third party websites or content therein directly or indirectly accessed through links in this website; (3) any information which is posted by any third party, including, without limitation, information posted on any related blog; (4) the unavailability of this website or any portion of this website; (5) your use of this website; or (6) your use of any equipment or software in connection with this website.
When you use these Sites, you are agreeing that your use shall be governed by and construed in accordance with the laws of the State of California in the United States of America, as they apply to agreements made and solely performed in the state of California. Disputes arising based on this website or in any way related to this website shall be exclusively subject to the jurisdiction of the Federal Courts of the United States of America and/or the State Courts of California.
If it’s not yours, please don’t take or abuse it. All right, title and interest in and to the trademarks and copyrights contained on the Sites, and to the other content included on this website, including, without limitation, text, graphics, logos, buttons, button icons, images, audio and video clips, digital downloads, and data compilations, are the property of CBA, or the property of a third party that has licensed its content to CBA
If it’s not yours, please use it responsibly. You may use the information contained on our Sites for the purpose for which it was intended. You may not reproduce, redistribute or otherwise use any materials without the express written consent of CBA. You may enjoy the materials on the Sites and use them for your personal enjoyment and in the non-commercial manner for which they were intended. All rights not expressly granted are reserved. Our family of trademarks and trade dress, including without limitation IMAGE OF REFLECTION, MIRROR, and the Image of Reflection logos, may not be used in connection with any product or service that is not part of CBA without CBA’s prior express permission.
If it’s not yours, please don’t modify it. You agree you will not distribute, publish, transmit, modify, display or create derivative works from or exploit the contents of our Sites in any way. You agree to indemnify, defend and hold harmless CBA for any and all unauthorized uses you may make of any material on our Sites.
If it is yours and you didn’t authorize it, please let us know. We endeavor to comply with the Digital Millennium Copyright Act.
DIGITAL MILLENNIUM COPYRIGHT ACT.
Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). Copyright-infringing materials found on the Sites can be identified and removed via our DMCA compliance process listed below and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.
If you believe in good faith that a Member has infringed your copyright(s), you can request that we take down the infringing material(s) by following the steps in this DMCA compliance process. Please note that we do not make any legal decisions about the validity of your claim.
When a clear and valid Notice is received pursuant to the guidelines set forth below, we will respond by either taking down the allegedly infringing content (“Allegedly Infringing Content”) or blocking access to it. We may contact the Notice provider to request additional information.
Under the DMCA, we are required to take reasonable steps to notify the entity who posted the Allegedly Infringing Content (“Alleged Infringer”). The Alleged Infringer is allowed under the law to send us a counter-notification as instructed below (“Counter-Notice”). On receiving a Counter-Notice, we may restore the Allegedly Infringing Content unless we receive notice from the original Notice provider that a legal action has been filed seeking a court order to restrain the Alleged Infringer from engaging in the allegedly infringing activity.
Anyone making a false or fraudulent Notice or Counter-Notice may be liable for damages under the DMCA, including costs and attorney’s fees. If you are unsure of whether certain material infringes your copyright, contact an attorney.
Filing a DMCA Notice
Please don’t abuse this system, but if you truly believe your work has been infringed, you should file a DMCA notice. To file a DMCA Notice with CBA, you must send us a written letter by fax or regular mail only (not by email, except by prior agreement). We reserve the right to ignore a Notice that is not in compliance with the DMCA.
Your Notice must:
- Identify specifically the copyrighted work(s) you believe has/have been infringed (for example, “My copyrighted work is an image that appears at [list profile where material is located].”);
- Identify the Content that you claim is infringing on your copyrighted work. You must provide information reasonably sufficient to enable us to locate the item on the Sites. You should provide clear screenshots of the Allegedly Infringing Materials (this is for identification purposes only, not to “prove” your claims). The information provided should be as detailed as possible;
- Provide information sufficient to permit us to contact you directly: your name, street address, telephone number, and email (if available);
- If possible, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);
- Include the following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”;
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”;
- The Notice must be signed;
- The Notice must be sent to our DMCA designated agent at the following address:
DMCA Designated Agent
Crazy Buffalo Adventure, LLC
200 S Wilcox Street, #132 Castle Rock, CO 80104
Tel: [720-244-5756] Or fax to: [720-733-9271] (on the cover sheet, please write: Attention: DMCA NOTICE).
Filing a Counter-Notice
If your material has been removed or blocked by us as a result of a DMCA Notice, you may send us a Counter-Notice pursuant to Sections 512(g)(2) and (3) of the DMCA asking for the Allegedly Infringing Material to be restored. To file a DMCA Counter-Notice with us, you must send us a written letter by fax or regular mail only (not by email, except by prior agreement).
When we receive the Counter-Notice, we will send a copy of the Counter-Notice to the party who originally requested the removal of the Allegedly Infringing Material and we will reinstate the Allegedly Infringing Material, unless that party obtains a court order supporting removal of the Allegedly Infringing Material. We reserve the right to ignore a Counter-Notice that is not in compliance with the DMCA
Your Counter-Notice must:
- Describe and list all material(s) that were removed by CBA and the location at which the material(s) appeared before it/they was/were removed. Please provide the specific profile or other unique identifying information so that we may have reasonably sufficient information to identify the item(s). The information provided should be as detailed as possible;
- Provide your name, address, telephone number and email address (if available);
- State that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which your address is located (or San Francisco County, California if your address is outside of the United States);
- State that you will accept service of process from the person (or an agent of such person) who provided the DMCA Notice to us.
- Include the following statement: “I swear under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
- The Counter-Notice must be signed.
- The Counter-Notice must be sent to our designated DMCA designated agent at the following address:
[Roger Egner] DMCA Designated Agent
Crazy Buffalo Adventure, LLC
200 S Wilcox Street, #132 Castle Rock, CO 80104
Tel: [720-244-5756] Or fax to: [720-733-9171] (on the cover sheet, please write: Attention: DMCA COUNTER NOTICE).