TERMS OF USE
For Psychmaster.com



Effective as of 2018-01-13 (January 13th, 2018)

BY VISITING PSYCHMASTER.COM, YOU AGREE TO THESE TERMS OF USE:

GENERAL INFORMATION REGARDING THESE TERMS OF USE

Master terms: Unless otherwise noted on a particular site or service, these master terms of use (“Master Terms”) apply to your use of all of the websites that Psychmaster Psychological Services, Inc. (Psychmaster, Us, We) operates, including psychmaster.com, (the “Websites”), as well as the products, information, and services provided through the Websites, (together with the Websites, the “Services”). We are incorporated in the State of California in the United States of America.

Additional terms: In addition to the Master Terms, your use of any Services may also be subject to specific terms applicable to a particular Service (“Additional Terms”). If there is any conflict between the Additional Terms and the Master Terms, then the Additional Terms apply in relation to the relevant Service.

Collectively, the Terms: The Master Terms, together with any Additional Terms, form a binding legal agreement between you and Psychmaster in relation to your use of the Services. Collectively, this legal agreement is referred to below as the “Terms.”

[Synopsis: These terms, together with any special terms for particular websites, create a contract between you and Psychmaster. The contract governs your use of all websites operated by Psychmaster, unless a particular website indicates otherwise. These human-readable summaries (Synopsis) of each section are not part of the contract, but are intended to help you quickly understand its terms.]

YOUR AGREEMENT TO THE TERMS

YOUR ACCESS TO OR USE OF ANY THE SERVICES (INCLUDING THE LICENSES) SIGNIFIES THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS. By accessing or using any Services you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Services. If you do not agree to the Terms, you are not authorized to use any Services.

[Synopsis: Please read these terms and only use our sites and services if you agree to them.]

CHANGES TO THE TERMS

From time to time, Psychmaster may change, remove, or add to the Terms, and reserves the right to do so in its discretion. In that case, we will post updated Terms and indicate the date of revision. If we feel the modifications are material, we will make reasonable efforts to post a prominent notice on the relevant Website(s). All new and/or revised Terms take effect immediately and apply to your use of the Services from that date on, except that material changes will take effect 30 days after the change is made and identified as material. Your continued use of any Services after new and/or revised Terms are effective indicates that you have read, understood, and agreed to those Terms.

[Synopsis: These terms may change. When the changes are important, we will put a notice on the website. If you continue to use the sites after the changes are made, you agree to the changes.]

NO PSYCHOLOGICAL/MEDICAL ADVICE

Psychmaster is not a psychological/medical practice, does not provide psychological/medical advice, and is not a substitute for a qualified therapist or formal psychological evaluation. Sending us an email, a message via the contact form, or using any of the Services, including the licenses, does not constitute medical advice or create a psychologist-client relationship.

[Synopsis: Some of us are psychologists/therapists, but we aren’t your psychologists/therapists. Please consult your own psychologist/therapist or doctor if you need medical advice.]

CONTENT AVAILABLE THROUGH THE SERVICES
PERMISSION/FAIR USE/CREATIVE COMMONS

The text, articles, artwork, books, digital graphic images, photographs, video, audio, music, animations, etc. (hereafter referred to as "material(s)") that appears on this website and all other related Psychmaster websites is the exclusive intellectual property of Psychmaster Psychological Services, Inc. & Judy Marshall (Psychmaster, Us, We), except for select icons, logos, graphics, symbols, trademarks, text, etc. whose copyrights rest with their individual owner(s) if applicable. ALL of the material on this website is protected by U.S. and international copyright laws. NONE of the material is in the public domain except for select icons, logos, graphics, symbols, text, html, source code, etc. under a Creative Commons/GNU GENERAL PUBLIC/or similiar license. Use of any image, text, audio, video, etc. as the basis for another concept or illustration, alone or with any other material, is a violation of copyright. Please see the links below for further information.

Everyone is permitted to copy and distribute verbatim copies of Psychmaster/Judy Marshall text and articles under the conditions set forth below, but changing it is not allowed. You are welcome to copy the text material of only Judy Marshall articles on this and related Psychmaster sites for educational and informational purposes only, as long as Judy Marshall, Ph.D. is specifically and visibly credited in writing as the author of this material and there is no intended commercial use of such material. If you are interested in using this material in any other manner, you agree to contact me or my representative (agent, publicist, or attorney). No other authors/articles on this site or other Psychmaster sites are permitted to be reproduced without permission.

If you want to use any Psychmaster/Judy Marshall materials in a commercial context, you agree to contact me or my representative (agent, publicist, or attorney). If I agree to the requested use, my permission will be given in a License or by individual contract. This License or contract typically will authorize limited reproduction of an image or text, in a specified medium, for a certain period of time, with specific terms and conditions including payment of a License Fee or royalty.

For purposes of review, promotion, and editorials, this permission acknowledges your rights of fair use or other equivalent, as provided by copyright law and you are welcome to quote text, so long as there is proper attribution as noted above and below. Any material released as promotional material is free to copy and distribute verbatim copies, but changing the content is not allowed.

Psychmaster/Judy Marshall Articles by Judy Marshall, Ph.D. are licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Unported License.

Permissions beyond the scope of this license may be available at http://www.psychmaster.com/.


Proper attribution for:

Text, Articles, Books byline: Judy Marshall, Ph.D. [Psychmaster.com]


Provided as-is: You acknowledge that Psychmaster does not make any representations or warranties about the material, data, and information, such as data files, text, computer software, code, music, audio files or other sounds, photographs, videos, or other images (collectively, the “Content”) which you may have access to as part of, or through your use of, the Services. Under no circumstances is Psychmaster liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Services. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable.

Content provided on this site is solely for informational purposes. It is your sole responsibility to consult a licensed physician or qualified health care professional for advice, diagnosis, and/or treatment of any health related condition. Submissions or opinions expressed on this Site are that of the individual expressing such Submission or opinion and may not reflect our opinions. Product representations expressed on this Site are that of the individual and are not made by us.

You agree that you are solely responsible for your reuse of Content made available through the Services. You should review the terms of the applicable license before you use the Content so that you know what you can and cannot do.

[Synopsis: We try our best to have useful information on our sites, but we cannot promise that everything is accurate or appropriate for your situation. Only content by Judy Marshall on the site is licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Unported License unless it says it is available under different terms. If you find content through a link on our websites, be sure to check the license terms before using it.]


CONTENT SUPPLIED BY YOU

Your responsibility: You represent, warrant, and agree that no Content posted or otherwise shared by you on or through any of the Services (“Your Content”), violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material.

Licensing Your Content: You retain any copyright that you may have in Your Content. You hereby agree that Your Content is in the public domain (such as Content that is not copyrightable or Content you make available under Creative Commons), or if not owned by you, you are authorized by law to post or share through any of the Services, such as under the fair use doctrine.

Removal: Psychmaster may, but is not obligated to, review Your Content and may delete or remove Your Content (without notice) from any of the Services in its sole discretion. Removal of any of Your Content from the Services (by you or Psychmaster) does not impact any rights you granted in Your Content under the terms.

[Synopsis: We do not take any ownership of your content when you post it on our sites. If you do not own the content, then you should not post it unless it is in the public domain, except that you may also post pictures and videos if you are authorized to use them under law (e.g., fair use). You are responsible for any content you upload to our sites.]


PROHIBITED CONDUCT

You agree not to engage in any of the following activities:

1. Violating laws and rights:
You may not (a) use any Service for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.
2. Solicitation:
You may not use the Services or any information provided through the Services for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.
3. Disruption:
You may not use the Services in any manner that could disable, overburden, damage, or impair the Services, or interfere with any other party’s use and enjoyment of the Services; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services, or violating any regulation, policy, or procedure of any network, equipment, or server.
4. Harming others:
You may not post or transmit Content on or through the Services that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act;
You may not intimidate or harass another through the Services; and, You may not post or transmit any personally identifiable information about persons under 13 years of age on or through the Services.
5. Impersonation or unauthorized access:
You may not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the Services; You may not use or attempt to use another’s account or personal information; and, You may not attempt to gain unauthorized access to the Services, or the computer systems or networks connected to the Services, through hacking password mining or any other means.

[Synopsis: Play nice. Be yourself. Don’t break the law or be disruptive.]

DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PSYCHMASTER OFFERS THE SERVICES (INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH THE SERVICES) AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PSYCHMASTER DOES NOT WARRANT THAT THE FUNCTIONS OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVERS USED BY US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PSYCHMASTER DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OF THE CONTENT AVAILABLE THROUGH THE SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.

[Synopsis: Psychmaster does not make any guarantees about the sites, services, or content available on the sites.]

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PSYCHMASTER BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF PSYCHMASTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PSYCHMASTER IS NOT RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH THE SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF THE SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE SERVICES.

Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

[Synopsis: We are not responsible for the content on the sites, your use of our services, or for the conduct of others on our sites.]

INDEMNIFICATION

To the extent authorized by law, you agree to indemnify and hold harmless Psychmaster, its employees, officers, directors, affiliates, and agents from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorneys fees, resulting directly or indirectly from or arising out of (a) your violation of the Terms, (b) your use of any of the Services, and/or the Content you make available on any of the Services.

[Synopsis: If something happens because you violate these terms, because of your use of the services, or because of the content you post on the sites, you agree to repay us for the damage it causes.]

PRIVACY POLICY

Psychmaster is committed to responsibly handling the information and data we collect through our Services in compliance with our Privacy Policy, which is incorporated by reference into these Master Terms. Please review the Privacy Policy so you are aware of how we collect and use your personal information.

[Synopsis: Please read our Privacy Policy. It is part of these terms, too.]

TRADEMARK POLICY

Psychmaster’s name, logos, icons, and other trademarks may only be used in accordance with our Trademark Policy, which is incorporated into these Master Terms. Please review this Trademark Policy so you understand how Psychmaster’s trademarks may be used.

Trademarks are words, graphic designs, or other indicia that identify the source of a product or service. Psychmaster uses a variety of trademarks. Our registered trademarks and other trademarks include PSYCHMASTER (regardless of stylization, capitalization, translation, or other presentation), and any combination of the foregoing, whether integrated into a larger whole or standing alone. All other product names, logos, and brands are property of their respective owners. All other company, product and service names used in this website are for identification purposes only. Use of these names, logos, and brands does not imply endorsement.

[Synopsis: Psychmaster is a trademarked name. All other trademarks cited herein are the property of their respective owners. Please read our Trademark Policy. It is part of these terms, too.]

TERMINATION

By Psychmaster: Psychmaster may modify, suspend, or terminate the operation of, or access to, all or any portion of the Services at any time for any reason. Additionally, your individual access to, and use of, the Services may be terminated by Psychmaster at any time and for any reason.

By you: If you wish to terminate this agreement, you may immediately stop accessing or using the Services at any time.

Automatic upon breach: Your right to access and use the Services terminates automatically upon your breach of any of the Terms. For the avoidance of doubt, termination of the Terms does not require you to remove or delete any reference to previously-applied legal tools from your own Content.

Survival: The disclaimer of warranties, the limitation of liability, and the jurisdiction and applicable law provisions will survive any termination. The license grants applicable to Your Content are not impacted by the termination of the Terms and shall continue in effect subject to the terms of the applicable license. Your warranties and indemnification obligations will survive for one year after termination.

[Synopsis: If you violate these terms, you may no longer use our sites.]

MISCELLANEOUS TERMS

Choice of law: The Terms are governed by and construed by the laws of the the United States, not including its choice of law rules.

No waiver: Either party’s failure to insist on or enforce strict performance of any of the Terms will not be construed as a waiver of any provision or right.

Severability: If any part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

No agency relationship: The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and Psychmaster as a result of the Terms or from your use of any of the Services.

Integration: These Master Terms and any applicable Additional Terms constitute the entire agreement between you and Psychmaster relating to this subject matter and supersede any and all prior communications and/or agreements between you and Psychmaster relating to access and use of the Services.

[Synopsis: These terms are governed by the laws of the United States. We are glad you use our site(s), but this agreement does not mean we are partners.]

Thank you for visiting and reading these terms of use. And thank you as well in advance for your understanding and anticipated cooperation.

 

Links

CREATIVE COMMONS LICENSE

Creative Commons License
Psychmaster/Judy Marshall Articles by Judy Marshall, Ph.D. is licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Unported License.
Permissions beyond the scope of this are listed above.