Terms of Service (TOS)
This also includes Terms of Service for the Buy/Sell/Trade Board or any CFC Message Board.
The following constitutes the User Agreement as a Member of the Crystal Fanatics Club.
This Agreement applies to your use of the services offered by the Crystal Fanatics
Club ("CFC") and any related products and services offered by CFC. This
Agreement affects your rights and you should read it carefully.
In this Agreement, "you" or "your" means any person or entity using
the services of CFC ("Users" "Members"). Unless otherwise stated, the
terms "Service" or "CFC" will refer collectively to the Crystal
Fanatics Club, Inc., a Delaware corporation, and/or their respective parent or subsidiary companies, affiliates, officers, employees and agents.
By checking the consent box on the account signup page, you represent that you understand
and accept the terms and conditions of this Agreement. We may amend this Agreement at any
time by posting the amended terms to our site, and your continued use of the Service will
constitute acceptance of the amended terms.
Terms of Service (TOS)
The following constitutes the User Agreement as a Member of the Crystal Fanatics Club. This Agreement applies to your use of the services offered by the Crystal Fanatics Club� ("CFC") and any related products and services offered by CFC. This Agreement affects your rights and you should read it carefully.
In this Agreement, "you" or "your" means any person or entity using the services of CFC ("Users" "Members"). Unless otherwise stated, the terms "Service" or "CFC" will refer collectively to the Crystal Fanatics Club, Inc., a Delaware corporation, and/or their respective parent or subsidiary companies, affiliates, officers, employees and agents.
By checking the consent box on the account signup page, you represent that you understand and accept the terms and conditions of this Agreement. We may amend this Agreement at any time by posting the amended terms to our site, and your continued use of the Service will constitute acceptance of the amended terms.
I. User Responsibilities
1. Eligibility. In order to use the CFC site, you must register for a personal account, pay the yearly membership fee, and supply a "handle"/log in name and password. CFC reserves the right to terminate duplicate accounts. You must be at least 16 years of age to register for an account. If you are under the age of 18, you hereby represent that you are using the service with the consent of your parent or guardian.
2. Registration Information. You agree to provide true, accurate and complete registration information and to maintain and promptly update your information, as applicable. You agree not to impersonate any person or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, posted under any other log in name except your own, not current, or incomplete, without limiting other remedies, CFC has the right to terminate your use of the Service, without a refund of your membership fees, and CFC, its agents, suppliers, and subcontractors have the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information. You authorize CFC and its agents, suppliers and subcontractors to make any inquiries they consider necessary to validate your registration.
3. International Use. International membership is encouraged and welcomed, and is subject to the same Terms of Service.
4. Verification. Upon verification of both email and credit card charge for the yearly membership fee, presently set at $29.95 year, and subject to change at the discretion of CFC, and any other applicable fees for membership, or receipt of funds in the form of a cashier's bank check or money order, membership in CFC will become valid, and the member will
be notified of same.
5. Membership Fees. The current cost to become a member of CFC is $29.95 yearly per each individual member. Membership fees are subject to change at the discretion of CFC, and these changes, should they occur, will be posted publicly. Members of the same family are welcome to apply for individual memberships with their own separate identity at a reduced cost annually, as long as the original CFC household member remains a member in good standing.. No one member may allow another family member, or any other entity, to use their log in/"handle". This will be considered a violation of the Terms of Service (TOS) and your membership will be terminated, without refund of your membership fees.
In other words, Jane Doe (wife) is enrolled as a member; John Doe (husband) must apply for his own membership with his own log-in/"handle, and will not be allowed to participate in any service offered by CFC under Jane Doe's log-in/"handle".
a. You will be billed automatically on a yearly basis for renewals of your membership, one year from the date of your initial membership to CFC. If you do not wish to renew your membership, an email to CFC must be received 30 days prior to renewal. Renewal Fees are currently set at $29.95 for one year, $49.95 for two years, $75.00 for three years, and are subject to change without notice at CFC's discretion.
b. Your credit card will be immediately debited for membership for one year upon application and acceptance to CFC as a member in good standing. CFC reserves the right to refuse membership, without stating any reason for doing so, at all times.
c. As a member in good standing, upon joining CFC, you will be allowed a 7 day grace period to review the many benefits of club membership. Unless an email is received 24 hours prior to the end of the 7 day grace period to cancel membership, your membership becomes automatic for one year. Should you decide within the 7 day grace period, not to continue membership, with written notification, as stated, your credit card will be credited for the membership fee. This may take several days to process.
No refunds for membership fees will be granted after the 7 day grace period expires.
d. Should you decide to terminate your membership within the 7 day grace period, you will not be allowed entry/access to the club site for a period of ninety (90) days.
e. If you do not access your account for a period of six months, it will be terminated without notice, and without a refund of your membership fee. After the date of termination, you will not be allowed access to CFC for a period of 90 days.
f. Passwords. You may not divulge your account password(s) to anyone else, nor may you use anyone else's password. CFC is not responsible for losses incurred by Members as the result of their misuse of passwords. If you feel at any time that there may be a security breach of your password, notify CFC immediately and a new password can be assigned for your use.
g. Content. All Content is the sole ownership of CFC, and includes non-copyrighted, as well as copyrighted and U.S. trademark material. Anyone found in violation of forwarding, copying or in any other manner, using any content whatsoever (including photographs) will be immediately terminated from membership, without notice, and prosecuted to the full extent of the Law. Should your membership be terminated by CFC for ANY TOS violation, consider your termination permanent. crystalfanaticsclub.com is allowed to use message board-posting submissions for marketing purposes. For example, a quote from a message board posting may be used in an online publication or a brochure.
6. Electronic Transfers. Upon your request, via email to CFC, CFC will accept electronic transfers from our bank to CFC bank account. A $29.00 transfer fee for such transactions will be assessed in addition to your yearly membership fee. You agree that such requests constitute authorization for such transfers. Your membership will be valid after written receipt of such transfer is received by CFC from the bank authorized to receive payment. This could result in a delay of your membership verification.
7. All cash transactions, both yearly membership fees, and any purchases made in any "CFC Store", will be made using the CFC "PayPal Premiere Account". Presently, PayPal only accepts MasterCard and Visa. If this is not convenient for you, you may send a money order to: Patricia King c/o of Crystal Fanatics Club, 4303 Thousand Pines Drive, Ft Pierce, FL 34981. This could result in a delay of your membership verification, or receipt of any products ordered.
8. Correct E-mail. You agree that you have access to the Internet and to a current e-mail address. You have sole responsibility for providing CFC with a correct and operational e-mail address. CFC will not be liable for any undelivered e-mail communications or any costs you incur for maintaining Internet access and/or an e-mail account. You must promptly notify CFC of any change in your e-mail or postal mailing address.
9. Electronic Communications. To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your account and/or your use of the CFC website ("Communications"), may be provided to you electronically and you agree to receive Communications in an electronic form. You agree that Electronic Communications may be delivered to your e-mail address. If you revoke your consent to receive Communications electronically, CFC, at its discretion, may terminate your right to use the Service.
10. No Spam. You agree not to use unsolicited email, usenet, message board postings, or similar methods of mass messaging (spam). The use of spam in any form has strict negative consequences. We will immediately and permanently terminate the account of any User who has used unsolicited email. In addition, you may be subject to state and federal penalties and other legal consequences under applicable law if you send unsolicited email. Our Anti-Spam Policy is intended to protect our Members, the Internet, and us.
12. Hacking. If you use, or attempt to use the Service for other purposes including, but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, your account will be permanently terminated and you will be subject to damages and other penalties, including criminal prosecution.
13. Assignability. You may not transfer any rights or obligations you may have under this Agreement without the prior written consent of CFC. CFC reserves the right to transfer any right or obligation under this Agreement without your consent.
14. Indemnification. You agree to indemnify and hold CFC, its affiliates, officers, directors and employees harmless from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your use of the Service.
15. Choice of Law. This Agreement is governed by the laws of the State of Delaware as such laws are applied to agreements entered into and to be performed entirely within Delaware by Delaware residents and within the jurisdiction of Delaware courts.
16. Arbitration. Any controversy or claim arising out of or relating to this Agreement or the provision of Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.
II. Rights and Disclaimers of CFC.
1. Processing. CFC shall make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts and check issuances are processed in a timely manner. However, a number of factors, several of which are outside of our control, will contribute to when the funds are received. We make no representations or warranties regarding the amount of time needed to complete processing, such as delays in the banking system or the U.S. mail service, nor shall we be liable for any actual or consequential damages arising from any claim of delay.
2. Miscellaneous Disclaimers.
(a) CFC reserves the right to hold funds beyond the normal distribution periods for transactions it deems suspicious to ensure integrity of the funds.
(b) CFC shall not be responsible for payments made to unintended Recipients due to the input of incorrect information by Members, nor shall we be responsible for the verification of the identity of Users.
(c) CFC shall not be obligated to pay a User for any Payments for which CFC has not been fully paid by the Sender's credit card issuer.
(d) CFC will not have any liability in connection with any unauthorized interception or use of data relating to you or the services provided by CFC or any inability to use or access the service or the Crystal Fanatics Club.com website transactions by an individual that uses your user name and password; or any cause over which CFC does not have direct control, including problems attributable to computer hardware or software (including computer viruses), telephone or other communications, or Internet service providers.
(e) In no event shall CFC be liable:
(1) for damages caused by others or, any intentional misconduct or,
(2) for any indirect, special, incidental, consequential or punitive damages whatsoever (including, but not limited to, damages for lost profits, disclosure of confidential information, or loss of privacy), arising out of or in any way related to the use of or inability to use the Service or the CFC website or any of the associated services, even if CFC has been advised of
the possibility of such damages.
(f) In no event shall CFC be liable for any act or omission of any third party (such as, for example, any provider of telecommunications services, internet access or computer equipment or software) or any circumstances beyond our control (such as, for example, a fire, flood, or other natural disaster, war, riot, strike, act of civil or military authority, equipment failure, computer virus, or failure or interruption of electrical, telecommunications or other utility services).
3. Termination. CFC, in its sole discretion, reserves the right to terminate this Agreement, access to its web site, or access to Service without notice for any reason, and at any time, without explanation or refund of your membership fees.
4. Trademarks. CFC and all related logos, products and services described in this website - www.crystalfanaticsclub.com TM are either trademarks or registered trademarks of The Crystal Fanatics Club.com , or their licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of CFC. Page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of CFC, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of either entity.
You do not have the right to publish or violate any copyright or other proprietary rights. This includes excerpting anything published on the site without CFC's permission.
III. Assurance Against Unauthorized Access
1. It is very important that you contact us at once if you believe your user ID or password has been compromised, or if someone has transferred or may transfer money from your account without your permission.
2. Under applicable banking regulations, the extent of your liability for an unauthorized transaction is largely determined by your promptness in notifying us or your bank/credit card issuer, if someone has gained access to your password. Notifying us quickly limits your liability.
3. In case of unauthorized transactions, payment problems, errors or questions about your account, you should notify CFC through application messaging or e-mail.
(a) Tell us your name and primary email address;
(b) Describe the error or the transaction you are unsure
about, and explain as clearly as you can why you believe it is an error or why you need more information; and,
(c) Tell us the dollar amount of the suspected error.
(a) tell you the results of our investigation within ten (10) business days after we hear from you, and will correct any error promptly.
(b) If we need more time, however, we may take up to forty-five (45)
calendar days to investigate the complaint or question.
(c) If we determine there was no error, we will mail you a written explanation within three (3) business days after we finish the investigation. You may ask for copies of documents which we used in our investigation.
4. Account Use. By accepting the terms as outlined in this Agreement you attest that you hold all the necessary licenses to engage in the advertising and sale of the goods and services offered for sale and that you do not provide unlawful or illicit products or services.
You will not use the Service, the website or any of the services offered therein for any unlawful, fraudulent or improper activity. If CFC has reason to believe that you may be engaging in or have engaged in fraudulent, unlawful, or improper activity, including without limitation any violation of any terms and conditions relating to the CFC Service, the website or any related services, your access to the website and any services contained therein will be suspended or terminated.
You will cooperate fully with CFC to investigate any suspected unlawful, fraudulent or improper activity.
Advertising and solicitations - Please do not post any advertising, referrals, promotional materials, junk mail, "spam", chain letters, pyramid schemes or any other form of solicitation anywhere on any of CFC's boards.
Links to other sites are only permitted with the permission of CFC.
5. Fees. CFC's current Fee Schedule for use of the Service is posted herein and on the website. Unless otherwise stated, all fees quoted are in U.S. dollars. Users are responsible for paying all fees associated with the use of the Service; failure to do so will result in termination of services.
6. Crystal Fanatics Club (CFC) Code of Conduct:
- Be courteous and respect the opinions of others.
- Behave in a manner that supports a safe and comfortable environment for all members.
- Do not post any of the following: material that advocates illegal activity, advertising or any form of commercial solicitation, spam.
- Unacceptable language - please refrain from posting anything (including "jokes" that may be misconstrued as) obscene, vulgar, illegal, harmful, insulting, threatening, abusive, harassing,
defamatory, libelous, untrue, or invasive of someone else's privacy. We will not tolerate hateful communications.
- Personal attacks - Please refrain from attacking other members of the community. A personal attack might include name-calling, mocking another member or a member's name or family members, using threatening or insulting language, or violating another member's privacy.
- Anyone found abusing their privileges on ANY of our Boards, will have their membership deleted, without further notice, or refund of their membership fees.
- Please bear in mind that what you read in our community areas are other users' opinions and stories. WE (CFC) are not responsible for the content of any posts and are not liable for any damage or loss that may result from your reliance on what other users have said, nor are we
responsible for any other breach of these rules by a member.
- You agree that we (CFC) have the right to delete any post and terminate any account (that is, ban a user) with or without notice, at any time and for any reason, including, without limitation, our judgment that you've violated the Community Guidelines. You also acknowledge that we (CFC) have no obligation to delete content that you find personally objectionable or offensive.
- You are responsible for keeping your login information, including your password, private. Sharing of memberships or screen names is not allowed and may result in the member being banned.
- You may not disclose to others any of the information that we (CFC) disclose to you or any ideas or information that are generated in the community. You will be given a password, and you will not be permitted to allow any other person's access to the community, nor will you be
permitted to disclose your password to any other person.
- You also agree not to upload, post or transmit to or distribute or otherwise publish through the web site any materials which (i) restrict or inhibit any other user from using the web site, or contain a virus or other harmful component, (ii) violate any laws or violate or infringe
any rights of third parties (including copyright, trademark, rights of privacy or publicity or any other proprietary right), or (iii) are not appropriate or pertinent to the purpose of the web site or are libelous, defamatory or offensive.
Buy Sell Trade Message Boards:
The CFC Buy Sell Trade Board is for CFC Members to Buy Sell and Trade products between CFC Members. Use of the Board is FREE with your membership and NO commissions are charged.
- CFC is not liable for any transaction between members, although we reserve the right to intervene, should it become necessary.
- LINKS to eBAY are NOT allowed and will be deleted.
- Please use caution when dealing with buyers and sellers, as you would on any other site. We do not have personal knowledge of each member and cannot vouch for everyone.
- This is not eBay. Any member who does not fulfill their obligation to another member in a reasonable manner will be deleted without refund of their membership fees.
Members using the BUY/SELL/TRADE Message Board should be honest in their description of the item(s) listing.
Please be sure to list key information such as the CONDITION of the item(s) you are listing, if the BOX, CERTIFICATE are available and it is sometimes helpful to put a PRICE to facilitate your item(s) sale.
When POSTING your item(s) you may want to SET the option "Do you want to receive responses to this message by e-mail?" to YES This will automatically send you member REPLIES to your item(s) listing directly, allowing you to keep the transaction CONTACTS POSTED and may help to expedite the sale of your item(s).
If you CHOOSE to set the OPTION above, your EMAIL address MUST be included in your MESSAGE DEFAULTS in order for POSTED Board REPLIES from MEMBERS to be sent automatically to you.
ALL Members should VERIFY that their MESSAGE DEFAULTS are SET.
To do this, simply click on MESSAGE DEFAULTS scroll to the bottom and click "Set Default" You may be prompted to verify your password if this is your first time setting the defaults.
If you would like to ADD additional information or change any of the MESSAGE DEFAULTS, please take a moment to read the FAQ of the Message Board to explain your choices.
Regardless if you CHANGE or ADD to the MESSAGE DEFAULTS in the future, it is still necessary to VERIFY this file NOW by following the above procedure .
If you CHOOSE NOT to SET the OPTION above, your EMAIL address MUST be included either in your MESSAGE DEFAULTS, or in the BODY of your item(s) LISTING in order to receive EMAIL REPLIES from MEMBERS. If an email address is NOT INCLUDED in your Message Defaults or in the BODY of your item listing, YOUR POST WILL BE DELETED.
*PLEASE NOTE* Your item listing WILL BE DELETED if it contains a LINK or ADDRESS to another independent MESSAGE BOARD or independent AUCTION SITE.
You may load an IMAGE to your item from the "POST a MESSAGE" screen by entering the URL of the Image in the "Image URL" box.
If your item(s) are SOLD, or no longer available, Please DELETE your item(s) listing to keep the BUY/SELL/TRADE Board CURRENT.
You may also POST a REPLY to your item(s) listing such as, "Item SOLD please DELETE listing" or "Item no longer available please DELETE listing" to notify the Message Board Administrator to remove your item(s).
* A REMINDER of these RULES has been loaded at the top of the "POST a MESSAGE" screen of the BUY/SELL/TRADE Board.
NOTE: Legal Issues Aside.
I apologize for the legal mumble jumble. To all my friends and long-standing members, my THANKS for your support throughout the years. I know you will understand why the TOS had to read like a "Philadelphia Lawyer"!
1:27 PM 10/31/2000/ TOS REVISION 2-1-2008