WEBSITE TERMS AND CONDITIONS
These Website User and Membership Terms and Conditions govern your use and
access to and/or membership in cummygfs.com
These Terms and Conditions also
govern your membership to the SITE if you become a member. By accessing, using,
viewing, reading, printing, installing, or downloading any material from the
SITE, or becoming a member to the SITE, you agree to be bound by these Terms and
Conditions. This Agreement is intended to be governed by the Electronic
Signatures in Global and National Commerce Act (E-Sign Act). You manifest your
agreement to these Terms and Conditions by any act demonstrating your assent
thereto, including clicking any button containing the words I agree or similar
syntax. You may submit a paper copy of this transaction and print this form for
your personal records. You have the right to withdraw your consent to use the
E-Sign Act by emailing us. Your consent to use the E-Sign Act is limited to
providing the information on this form. Access to this electronic record
requires a simple browser program such as Internet ExplorerTM or NetscapeTM and
a computer. These Terms and Conditions are subject to change by the SITE without
prior notice, at any time, in its discretion. Notification of any changes will
be posted on this page. You agree to review this page periodically to be aware
of such changes. If these changes are unacceptable to you, you must terminate
your membership as provided below. Your continued use of the SITE following the
effective date of any such changes constitutes your full acknowledgement and
acceptance of these changes.
If you do not agree to be bound by
these Terms and Conditions, you may not enter the SITE, you must exit the SITE
immediately, you may not use or access the SITE, and you may not print or
download any materials from them. You may use and access the SITE only in
accordance with these Terms and Conditions. Please consult these Terms and
Conditions regularly and read them carefully before using the SITE. You affirm
that you have read this Agreement and understand, agree and consent to its Terms
and Conditions.
You are solely
responsible for obtaining access to the SITE and that access may involve third
party fees (such as Internet service provider or airtime charges). You are
responsible for those fees, including those fees associated with the display or
delivery of advertisements. In addition, you must provide and are responsible
for all equipment necessary to access the SITE.
I. Images and Content
These
SITE contain images and content, including but not limited to text, software,
images, graphics, data, messages, or any other information, and any other World
Wide Web Site owned, operated, licensed, or controlled by SITE (collectively,
Materials). All Materials displayed on the SITE are protected by the First
Amendment rights to Free Speech, Free Expression and Freedom of the Press, and
parallel provisions of other constitutions. You acknowledge that the SITE may
offer online content that could be deemed adult or erotic in nature.
Additionally, you are on notice that some of the Materials presented on the SITE
may contain graphic visual depictions, graphic audio, and descriptions of
sexually oriented, explicit, offending, or disturbing activities. You
acknowledge that you are aware of the nature of the Materials provided by the
SITE, that you are not offended by such Materials and that you access the SITE
freely, voluntarily and willingly. You also acknowledge that this SITE is
intended to contain only images protected by the First Amendment to the United
States Constitution. If you are seeking information regarding illegal
activities, please leave this SITE immediately. You are further aware of the
community standards of your community, and you will only access the content on
the SITE if you believe, upon diligent investigation, that the content on the
SITE does not offend the community standards prevalent in your community. You
further agree not to use or access the SITE if doing so would violate the laws
of your state, province or country.
II. Age of Majority and Membership
A. Age of Majority
You represent and warrant you are
at least 18 or 21 years of age, depending on the age of majority in your
jurisdiction, and that you have the legal capacity to enter into this Agreement.
If you are not at least 18 or 21 years of age, depending on the age of majority
in your jurisdiction, you must exit the SITE immediately and may not use or
access the SITE or print or download any Materials from them. You may be asked
to verify your birth date on the Birth Date Verification form as a condition of
entry onto the SITE, pursuant to 28 U.S.C. §1746. You agree not to bypass any
security and/or access feature on this SITE. Additionally, the SITE does not
assume any responsibility or liability for any misrepresentations regarding a
user's age.
B. Membership
Membership may not be assigned,
transferred, or sold to a third party. The SITE and its affiliates disclaim any
and all liability arising from fraudulent entry and use of the SITE. If a user
fraudulently obtains access, the SITE may terminate membership immediately and
take all necessary and appropriate actions under applicable federal, state, and
international laws.
III. No Child Pornography
You understand that all models
appearing on this SITE are, and were at the time of all recorded images, at
least 18 years of age, and that our SITE contains no child pornography. If you
seek any form of child pornography, you must exit this SITE immediately. You
acknowledge that all Materials on the SITE are protected by the First Amendment.
We take a strong and definite stand against child pornography and only allow
images and Materials that are protected by the First Amendment. If you identify
any images, real or simulated, depicting minors engaged in sexual activity
within the SITE, please report the images to the SITE. Include with your report
any appropriate evidence, including the date and time of identification. All
reports will immediately be investigated and the appropriate action will be
taken. We enthusiastically cooperate with any law-enforcement agency
investigating child pornography. If you suspect other outside websites are
participating in unlawful activities involving minors, please report them to
www.asacp.org. Users should implement parental control protections, such as
computer hardware, software, or filtering services, which may help users to
limit minors' access to harmful material.
IV. Access to, Limited License, and Interference with, SITE
A. Access
To access the SITE or some of the
resources it has to offer, you may be asked to provide certain registration
details or other information. It is a condition of your use of this SITE that
all information you provide will be correct, current, and complete. If the SITE
believes the information you provide is not correct, current, or complete, the
SITE has the right to refuse you access to the SITE or any of its resources, and
to terminate or suspend your access at any time.
B. Limited License
Subject to these Terms and
Conditions and in consideration of using the SITE, the SITE hereby grants you a
limited, nonexclusive, nontransferable personal license to access and use the
SITE and the Materials contained therein. The SITE provides the Materials on
this SITE for the personal, non-commercial use by viewers, fans, visitors,
subscribers and/or potential subscribers of said SITE. Users of this SITE are
granted a single copy license to view Materials (on a single computer only). All
Materials on the SITE shall be for private non-commercial use only, and all
other uses are strictly prohibited. SITE reserves the right to limit the amount
of materials viewed. You agree to prevent any unauthorized copying of the SITE,
or any of the Materials contained therein. Any unauthorized use of the SITE or
any of the Materials contained therein terminates this limited license effective
immediately. This is a license to use and access the SITE for its intended
purpose and is not a transfer of title. You represent and warrant that you will
not allow any minor access to this SITE and that you will not copy or
redistribute any of the content appearing on this SITE. SITE reserves the right
to terminate this license at any time if you breach or violate any provision of
this Agreement, in which case you will be obligated to immediately destroy any
information or materials you have downloaded, printed or otherwise copied from
this SITE. Violators of this limited license may be prosecuted to the fullest
extent under the applicable law.
C. Interference
Except where expressly permitted by
law, you may not translate, reverse-engineer, decompile, disassemble or make
derivative works from our SITE's Materials. User hereby agrees not to use any
automatic device or manual process to monitor or reproduce the SITE, and will
not use any device, software, computer code, or virus to interfere or attempt to
disrupt or damage the SITE or any communications on it.
V. Restrictions on Use of SITE
You may use the SITE only for
purposes expressly permitted by the Terms and Conditions of the SITE. You may
not use the SITE for any other purpose, including any commercial purpose,
without the SITE's express prior written consent. Without the express prior
written authorization of the SITE, you may not: (a) duplicate the SITE or any of
the Materials contained therein (except as expressly provided above in Paragraph
IV); (b) create derivative works based on the SITE or any of the Materials
contained therein; (c) use the SITE or any of the Materials contained therein
for any public display, public performance, sale or rental; (d) re-distribute
the SITE or any of the Materials contained therein; (e) remove any copyright or
other proprietary notices from the SITE or any of the Materials contained
therein; (f) frame or utilize any framing techniques in connection with the SITE
or any of the Materials contained therein; (g) use any meta-tags or any other
hidden text using the SITE' name or marks; (h) deep-link to any page of the SITE
(including the homepage); (i) circumvent any encryption or other security tools
used anywhere on the SITE (including the theft of user names and passwords or
using another person's user name and password in order to gain access to a
restricted area of the SITE); (j) use any data mining, robots or similar data
gathering and extraction tools on the SITE; (k) decompile, reverse engineer,
modify or disassemble any of the software aspect of the Materials except and
only to the extent permitted by applicable law; (l) sell, rent, lease, license,
sublicense, transfer, distribute, re-transmit, time-share, use as a service
bureau or otherwise assign to any third party the Materials or any of your
rights to access and use the Materials as granted in Paragraph IV above; or (m)
bookmark any page of the SITE beyond the registration log-in screen. You agree
to cooperate with the SITE in causing any unauthorized use to cease immediately.
At any time, if the SITE provides a service enabling users to share information
or communicate with other users, you hereby agree not to publish, disseminate or
submit any defamatory, offensive or illegal material while using the SITE or
other services included on the SITE. You are solely responsible for submitting
any material that violates any United States or International laws even if a
claim arises after your service is terminated, and, by doing so, your actions
shall constitute a material breach of this Agreement and the SITE shall
terminate all your rights under this Agreement.
VI. Membership
A.
Registration
You are
responsible for providing all equipment and the computer necessary to access the
SITE. You may access the non-public portion of the SITE only by being a member
in good standing to the SITE. The SITE reserves the right to modify Materials
and the SITE's design at anytime, with or without prior notice. You may become a
member of the SITE by completing an online registration form, which must be
accepted by SITE, and you must pay the subscription fee. Upon submission of the
online registration form, SITE or its authorized agent will process the
application. In connection with completing the online registration form, you
agree to: (a) provide true, accurate, current and complete information about
yourself as prompted by the registration form (such information being the
Registration Data) and (b) maintain and promptly update the Registration Data to
keep it true, accurate, current and complete at all times while you are a
member. You must promptly inform SITE of all changes, including, but not limited
to, changes in your address and changes in your credit card used in connection
with billing for the SITE. If you provide any information that is untrue,
inaccurate, not current or incomplete, or SITE or any of its authorized agents
have reasonable grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, SITE has the right to suspend or terminate your
account and refuse any and all current or future use of the SITE, as well as
subjecting you to criminal and civil liability. You are responsible for
dishonored checks and any related fees that we incur with respect to your
account.
B. Member Account,
Password and Security
As part
of the registration process, you will be issued a unique user name and password
which you must provide in order to gain access to the non-public portion of the
SITE. You certify that when asked to choose a username you will not choose a
name which may falsely represent you as somebody else or a name which may
otherwise be in violation of the rights of a third party. We reserve the right
to disallow the use of usernames that we, at our sole discretion, deem
inappropriate. We reserve the right to cancel at any time the membership of any
member who uses their selected username in violation of these Terms and
Conditions or in any other way we, in our sole discretion, deem inappropriate.
Your membership, the ID and password are nontransferable and non-assignable. You
represent and warrant that you will not disclose to any other person your unique
user name and password and that you will not provide access to the SITE to
anyone who is below the age of majority in your state, province, or country, or
otherwise does not wish to view the content on the SITE. You are solely
responsible for maintaining the confidentiality of your user name and password
and are fully responsible for all activities that occur under your user name and
password. SITE will not release your password for security reasons. You agree to
(a) immediately notify SITE of any unauthorized use of your user name and
password or any other breach of security, and (b) ensure that you exit from your
account at the end of each session. You are liable and responsible for any
unauthorized use of the SITE until you notify SITE by email regarding that
unauthorized use. Unauthorized access to the SITE is illegal and a breach of
this Agreement. You indemnify the SITE against all activities conducted through
your account. You may obtain access to your billing records regarding charges of
your use of the SITE upon request.
C. Membership Fees
Subscriber's
subscription to the service will be automatically renewed as stated on the terms
of the billing form upon expiration of the initial term, unless SITE
subscription is cancelled via our biller. Membership fees to
the SITE are displayed prior to your subscription thereto. You agree to pay all
membership fees when due according to these billing terms. At the time of
registration, you must select a payment method. SITE reserves the right to
contract with a third party to process all payments. Such third party may impose
additional terms and conditions governing payment processing. Your card issuer
agreement may contain additional terms with respect to your rights and
liabilities as a card holder. You agree to pay all amounts due to us immediately
upon cancellation or termination of your account. We reserve the right to make
changes to our fees and billing methods, including the addition of supplemental
charges for any content or services provided by the SITE, with or without prior
notice to you, at any time. THIS SITE USES AN AUTOMATIC REBILL CYCLE ACCORDING
TO THE USER'S SELECTED PAYMENT OPTION.
D. Confidentiality
NO PERSONAL
INFORMATION WILL BE SHARED WITH ANY THIRD PARTIES WITHOUT THE CUSTOMERS
PERSMISSION. IT IS SOLELY AT A MEMBER'S DISCRETION IF HE OR SHE CHOOSES TO
PROVIDE PERSONALLY IDENTIFIABLE INFORMATION TO SITE BY MAKING A PURCHASE,
SIGNING UP FOR A FREE TRIAL, REQUESTING ADDITIONAL INFORMATION, OR COMMUNICATING
DIRECTLY WITH THE COMPANY OR ORGANIZATION AFTER VISITING ITS WEB SITE OR
OTHERWISE.
E. Billing
Errors
If you believe that you
have been erroneously billed, please notify us immediately of such error. If we
do not hear from you within thirty (30) days after such billing error first
appears on any account statement, such fee will be deemed acceptable by you for
all purposes, including resolution of inquiries made by your credit card issuer.
You release us from all liabilities and claims of loss resulting from any error
or discrepancy that is not reported to us within thirty (30) days of its
publication.
VII. Termination
You may
cancel your membership at any time by visiting the appropriate biller listed
at http://www.pay-itl.com/. You hereby agree to
be personally liable for any and all charges incurred by you until termination
of membership for goods or services through your use of the SITE. In the event
that your account is canceled by you, no refund, including any membership fees,
will be granted; no online time or other credits will be credited to you or can
be converted to cash or other form of reimbursement. This Agreement's provisions
shall survive its termination, unless otherwise stated. Upon our processing of
your request to cancel your membership, you will no longer have access to the
non-public areas of the SITE to which you were a member. Without limiting other
remedies, the SITE may immediately issue a warning, temporarily suspend,
indefinitely suspend, or terminate your access and use of the SITE and refuse to
provide our services to you at any time, with or without advance notice, if: (a)
SITE believes that you have breached any material term of these Terms and
Conditions or the documents it incorporates by reference, (b) you fail to pay
any amount due by the payment due date; (c) we are unable to verify or
authenticate any information you provide to us; (d) we believe that your actions
may cause legal liability for you, our users or us; or (e) SITE decides to cease
operations or to otherwise discontinue any of the SITE or parts thereof.
Further, you agree that neither SITE nor any third party acting on our behalf
shall be liable to you for any termination of your membership or access to the
SITE. You agree that if your account is terminated by SITE, you will not attempt
to re-register as a member without prior written consent from SITE.
VIII. Disclaimer of Warranty
YOU EXPRESSLY AGREE THAT USE OF THE
SITE OR ANY OF THE MATERIALS CONTAINED THEREIN IS AT YOUR OWN AND SOLE RISK. THE
SITE AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED AS IS WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR
NON-INFRINGEMENT. SITE MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE OR
ANY MATERIALS CONTAINED THEREIN WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR
FREE; NOR DOES SITE MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY,
SUITABILITY, TRUTH, USEFULNESS, ACCURACY OR COMPLETENESS OF THE SITE OR ANY OF
THE MATERIALS CONTAINED THEREIN. YOU ALSO UNDERSTAND AND AGREE THAT ANY MATERIAL
AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR ANY
OF THE MATERIALS CONTAINED THEREIN IS DONE AT YOUR OWN DISCRETION AND RISK AND
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. YOU
UNDERSTAND THAT SITE CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES
AVAILABLE FOR DOWNLOADING FROM THE INTERNET WILL BE FREE OF VIRUSES, WORMS,
TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE
PROPERTIES. SITE DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE
INTERNET. SITE MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR
OBTAINED THROUGH THE SITE OR ANY TRANSACTION ENTERED INTO THROUGH THE SITE AND
IS NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION BY SELLERS
OR THIRD PARTIES. SITE OWNER MAY CHANGE ANY OF THE INFORMATION FOUND AT THIS
SITE AT ANY TIME WITHOUT NOTICE INCLUDING THE TERMS OF SERVICE WITHOUT NOTICE.
SITE OWNER MAKES NO COMMITMENT TO UPDATE THE INFORMATION FOUND AT THIS SITE.
SITE MAKES NO COMMITMENT TO UPDATE THE MATERIALS. THE WARRANTIES AND
REPRESENTATIONS SET FORTH IN THIS AGREEMENT ARE THE ONLY WARRANTIES AND
REPRESENTATIONS WITH RESPECT TO THIS AGREEMENT, AND ARE IN LIEU OF ANY AND ALL
OTHER WARRANTIES, WRITTEN OR ORAL, EXPRESS OR IMPLIED, THAT MAY ARISE EITHER BY
AGREEMENT BETWEEN THE PARTIES OR BY OPERATION OF LAW, INCLUDING WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NONE OF THESE WARRANTIES
AND REPRESENTATIONS WILL EXTEND TO ANY THIRD PERSON. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY
NOT APPLY TO YOU.
IX. Disclaimer
THE
PROVISION OF ANY SERVICES WHICH IS IN VIOLATION OF ANY LAWS IS STRICTLY
PROHIBITED. IF WE DETERMINE THAT YOU OR ANY USER HAS PROVIDED OR INTENDS TO
PURCHASE OR PROVIDE ANY SERVICES IN VIOLATION OF ANY LAW, YOUR ABILITY TO USE
THE SITE WILL BE TERMINATED IMMEDIATELY. WE DO HEREBY DISCLAIM ANY LIABILITY FOR
DAMAGES THAT MAY ARISE FROM ANY USER PROVIDING ANY SERVICES FOR ANY PURPOSE THAT
VIOLATES ANY LAW. YOU DO HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD US HARMLESS
FROM ANY LIABILITY THAT MAY ARISE SHOULD YOU VIOLATE ANY LAW. YOU DO ALSO HEREBY
AGREE TO DEFEND AND INDEMNIFY US SHOULD ANY THIRD PARTY BE HARMED BY YOUR
ILLEGAL ACTIONS OR SHOULD WE BE OBLIGATED TO DEFEND ANY CLAIMS INCLUDING,
WITHOUT LIMITATION, ANY CRIMINAL ACTION BROUGHT BY ANY PARTY NOT AFFILIATED WITH
THIS SITE. OUR SITE CONTAINS MATERIAL THAT MAY BE OFFENSIVE TO THIRD PARTIES.
YOU DO HEREBY AGREE TO INDEMNIFY AND HOLD US HARMLESS FROM ANY LIABILITY THAT
MAY ARISE FROM REVIEWING SUCH MATERIAL AND WARRANT AND AGREE TO CEASE REVIEW OF
THE SITE SHOULD YOU FIND IT OFFENSIVE. IF YOU ARE SEEKING SERVICES THAT ARE IN
VIOLATION OF ANY APPLICABLE LAWS WHATSOEVER, YOU MAY NOT USE THIS SITE AND DO
HEREBY AGREE TO EXIT IT IMMEDIATELY. THUS, ALL DISPUTES RELATING TO THE ONLINE
STORE SHALL BE DIRECTED TO THE STORE, AND NOT THE SITE.
X. Limitation of Liability
IN NO EVENT SHALL SITE (OR ITS
LICENSORS, AGENTS, SUPPLIERS, RESELLERS, SERVICE PROVIDERS, OR ANY OTHER
SUBSCRIBERS OR SUPPLIERS) BE LIABLE TO YOU, OR ANY OTHER THIRD PARTY FOR ANY
DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE
DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF
INFORMATION, BUSINESS INTERUPTION, REVENUE, OR GOODWILL, WHICH MAY ARISE FROM
ANY PERSON'S USE, MISUSE, OR INABILITY TO USE THE SITE OR ANY OF THE MATERIALS
CONTAINED THEREIN, EVEN IF SITE HAS BEEN ADVISED OF THE PROBABILITY OF SUCH
DAMAGES. THIS IS FOR ANY MATTER ARISING OUT OF OR RELATING TO THIS AGREEMENT,
WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE,
EVEN IF SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
SHALL SITE'S MAXIMUM TOTAL AGGREGRATE LIABILITY HEREUNDER FOR DIRECT DAMAGES
EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR USE OF A SITE OR SITE FOR A
PERIOD OF NO MORE THAN ONE (1) MONTH FROM THE ACCRUAL OF THE APPLICABLE CAUSE OR
CAUSES OF ACTION. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
XI. Indemnity
You agree to
defend, indemnify, and hold harmless the SITE, its officers, directors,
shareholders, employees, independent contractors, telecommunication providers,
and agents, from and against any and all claims, actions, loss, liabilities,
expenses, costs, or demands, including without limitation legal and accounting
fees, for all damages directly, indirectly, and/or consequentially resulting or
allegedly resulting from your, or you under another person's authority including
without limitation to governmental agencies, use, misuse, or inability to use
the SITE or any of the Materials contained therein, or your breach of any of
these Terms and Conditions. SITE shall promptly notify you by electronic mail of
any such claim or suit, and cooperate fully (at your expense) in the defense of
such claim or suit. We reserve the right to participate in the defense of such
claim or defense at its own expense, and choose its own legal counsel, but are
not obligated to do so.
XII. Links and Linking
Some
websites which are linked to the SITE are owned and operated by third parties.
Because the SITE has no control over such websites and resources, you
acknowledge and agree that SITE is not responsible or liable for the
availability of such external websites or resources, and does not screen or
endorse them, and is not responsible or liable for any content, advertising,
services, products, or other materials on or available from such websites or
resources. You further acknowledge and agree that SITE shall not be responsible
or liable, directly or indirectly, for any damage or loss caused or alleged to
be caused by or in connection with use of or reliance on any such third-party
content, goods or services available on or through any such website or resource.
If you decide to access any such third party website, you do so entirely at your
own risk and subject to any terms and conditions and privacy policies posted
therein. Users further acknowledge that use of any website controlled, owned or
operated by third parties is governed by the terms and conditions of use for
those websites, and not by this SITE's Terms and Conditions, Spam Policy,
Webmaster Agreement, or Privacy Policy, which are incorporated by reference.
Links to external websites or the featured model's linked websites (including
external websites that are framed by the Site) or inclusions of advertisements
do not constitute an endorsement by the SITE of such websites or the content,
products, advertising or other materials presented on such SITE, but are for
user's convenience. Users access them at their own risk. The SITE expressly
disclaims any liability for any damages whatsoever incurred by any user in
connection with the use of any website, the access to which was found through
this SITE. The SITE expressly disclaims any liability derived from the use
and/or viewing of any links that may appear on this SITE. All users do hereby
agree to hold the SITE harmless from any and all damages and liability that may
result from the use of links that may appear on the SITE. The SITE reserves the
right to terminate any link or linking program at anytime.
XIII. Trademark Information
This SITE and the aforementioned
names of the SITES are service marks and/or trademarks of the SITE. We
aggressively defend our intellectual property rights. Other manufacturers'
product and service names referenced herein may be trademarks and service marks
of their respective companies and are the exclusive property of such respective
owners, and may not be used publicly without the express written consent of the
owners and/or holders of such trademarks and service marks. The SITE's marks,
logos, domains, and trademarks may not be used publicly except with express
written permission from SITE, and may not be used in any manner that is likely
to cause confusion among consumers, or in any manner that disparages or
discredits SITE.
XIV. Copyright Information
The Materials accessible from the
SITE, and any other World Wide Web Site owned, operated, licensed, or controlled
by SITE, is the proprietary information and valuable intellectual property of
SITE or the party that provided the Materials to SITE, and SITE or the party
that provided the Materials to SITE retains all right, title, and interest in
the Materials. Accordingly, the Materials may not be copied, distributed,
republished, modified, uploaded, posted, or transmitted in any way without the
prior written consent of SITE, except that you may print out a copy of the
Materials solely for your personal use. In doing so, you may not remove or
alter, or cause to be removed or altered, any copyright, trademark, trade name,
service mark, or any other proprietary notice or legend appearing on any of the
Materials. Modification or use of the Content except as expressly provided in
these Terms and Conditions violates the SITE's intellectual property rights.
Neither title nor intellectual property rights are transferred to you by access
to the SITE. All Materials included on the SITE, such as text, graphics,
photographs, video and audio clips, music, soundtracks, button icons, streaming
data, animation, images, downloadable materials, data compilations and software
is the property of the SITE or its content suppliers and is protected by United
States and international copyright laws. The compilation of all Materials on the
SITE is the exclusive property of the SITE or its content suppliers and
protected by United States and international copyright laws, as well as other
laws and regulations.
XV. Notice of Claimed Infringement
The SITE respects the intellectual
property of others, and we ask our users to do the same. We voluntarily observe
and comply with the United States' Digital Millennium Copyright Act. If you
believe that your work has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have been otherwise violated,
please provide the following information to the address below:
(a) an electronic or physical
signature of the person authorized to act on behalf of the owner of the
copyright or other intellectual property interest;
(b) description of the copyrighted
work or other intellectual property that you claim has been infringed;
(c) a description of where the
material that you claim is infringing is located on a SITE;
(d) your address, telephone number,
and email address;
(e) 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; and
(f) a statement by you, made under
penalty of perjury, that the above information in your Notice is accurate and
that you are the copyright or intellectual property owner or authorized to act
on the copyright or intellectual property owner's behalf.
You may send your Notice of Claimed
Infringement to:
Narajoa
Ltd
Panteli Katelari, 21
Libra House, 2nd Floor
Flat/Office
205
P.C. 1097, Nicosia
Cyprus
XVI. Notice and Takedown Procedures
The SITE implement the following
notice and takedown procedure upon receipt of any notification of claimed
copyright infringement. The SITE reserve the right at any time to disable access
to, or remove any material or activity accessible on or from the SITE or any
Materials claimed to be infringing or based on facts or circumstances from which
infringing activity is apparent. It is the firm policy of the SITE to
terminate the account of repeat copyright infringers, when appropriate, and the
SITE will act expeditiously to remove access to all material that infringes on
another's copyright, according to the procedure set forth in 17 U.S.C. §512 of
the Digital Millennium Copyright Act (DMCA). The SITE's DMCA Notice
Procedures are set forth in the preceding paragraph. If the notice does not
comply with Paragraph 19 and §512 of the DMCA, but does comply with three
requirements for identifying SITE that are infringing according to §512 of the
DMCA, the SITE shall attempt to contact or take other reasonable steps to
contact the complaining party to help that party comply with the notice
requirements. When the Designated Agent receives a valid notice, the SITE will
expeditiously remove and/or disable access to the infringing material and shall
notify the affected user. Then, the affected user may submit a
counter-notification to the Designated Agent containing a statement made under
penalty of perjury that the user has a good faith belief that the material was
removed because of misidentification of the material. After the Designated Agent
receives the counter-notification, it will replace the material at issue within
10-14 days after receipt of the counter-notification unless the Designated Agent
receives notice that a court action has been filed by the complaining party
seeking an injunction against the infringing activity. The SITE reserve the
right to modify, alter or add to this policy, and all users should regularly
check back to these Terms and Conditions to stay current on any such
changes.
XVII. Export Control
You
understand and acknowledge that the software elements of the Materials on the
SITE may be subject to regulation by agencies of the United States Government,
including the United States Department of Commerce, which prohibits export or
diversion of software to certain countries and third parties. Diversion of such
Materials contrary to United States' or international law is prohibited. You
will not assist or participate in any such diversion or other violation of
applicable laws and regulations. You warrant that you will not license or
otherwise permit anyone not approved to receive controlled commodities under
applicable laws and regulations and that you will abide by such laws and
regulations. You agree that none of the Materials are being or will be acquired
for, shipped, transferred, or re-exported, directly or indirectly, to proscribed
or embargoed countries or their nationals or be used for proscribed
activities.
XVIII. No Agency Relationship
Nothing in this Agreement shall be
deemed to constitute, create, imply, give effect to, or otherwise recognize a
partnership, employment, joint venture or formal business entity of any kind;
and the rights and obligations of the parties shall be limited to those
expressly set forth herein.
XIX. Notice
A. Notice
Any notice required to be given
under this Agreement may be provided by email to a functioning email address of
the party to be noticed, by a general posting on the SITE, or personal delivery
by commercial carrier such as FedEx or Airborne. Notices by customers to SITE
shall be given by electronic messages unless otherwise specified in the
Agreement.
B. Change of
Address
Either party may
change the address to which notice is to be sent by written notice to the other
party pursuant to this provision of the Agreement.
C. When Notice is Effective
Notices shall be deemed effective
upon delivery. Notices delivered by overnight carrier (e.g., United States
Express Mail or Federal Express) shall be deemed delivered on the business day
following mailing. Notices mailed by United States Mail, postage prepaid,
registered or certified with return receipt requested, shall be deemed delivered
five (5) days after mailing. Notices delivered by any other method shall
be deemed given upon receipt. Notices by email and facsimile transmission,
with confirmation from the transmitting machine that the transmission was
completed, are acceptable under this Agreement provided that they are delivered
one (1) hour after transmission if sent during the recipient's business hours,
or 9:00 a.m. (recipient's time) the next business day. Either Party may,
by giving the other Party appropriate written notice, change the designated
address, fax number and/or recipient for any notice or courtesy copy,
hereunder.
D. Refused,
Unclaimed, or Undeliverable Notice
Any correctly addressed notice that
is refused, unclaimed, or undeliverable, because of an act or omission of the
Party to be notified shall be deemed effective as of the first date that said
notice was refused or deemed undeliverable by the postal authorities, messenger,
facsimile machine, email server, or overnight delivery service.
XX. Communications not Private
SITE does not provide any facility
for sending or receiving private or confidential electronic communications. All
messages transmitted to SITE shall be deemed to be readily accessible to the
general public. Visitors should not use this SITE to transmit any communication
for which the sender intends only the sender and the intended recipient(s) to
read. Notice is hereby given that all messages entered into this SITE can and
may be read by the agents and operators of this service, regardless of whether
they are the intended recipients of such messages.
XXI. Force Majeure
SITE
shall not be responsible for any failure to perform due to unforeseen
circumstances or to causes beyond our reasonable control, including but not
limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical
storms or other natural disasters; war, riot, arson, embargoes, acts of civil or
military authority, or terrorism; fiber cuts; strikes, or shortages in
transportation, facilities, fuel, energy, labor or materials; failure of the
telecommunications or information services infrastructure; hacking, SPAM, or any
failure of a computer, server or software, including Y2K errors or omissions,
for so long as such event continues to delay the SITE's performance.
XXII. General Provisions
A.
Governing Law
These Terms and
Conditions and all matters arising out of or otherwise relating to these Terms
and Conditions shall be governed by the laws of the United Kingdom, excluding
its conflict of law provisions. The parties agree that the United Nations
Convention on Contracts for the International Sale of Goods is specifically
excluded from application to these Terms and Conditions. The parties hereby
submit to the personal jurisdiction of the United Kingdom. Exclusive venue for
any litigation or arbitration permitted under this Agreement shall be with the
state and federal courts located in Co.Durham, Stanley, United Kingdom.
B. Rights to Injunctive Relief
Both parties acknowledge that
remedies at law may be inadequate to provide an aggrieved party with full
compensation in the event of the other party's breach, and that an aggrieved
party shall therefore be entitled to seek injunctive relief in the event of any
such breach, in addition to seeking all other remedies available at law or in
equity.
C. Binding
Arbitration
If there is a
dispute between the Parties arising out of or otherwise relating to this
Agreement, the Parties shall meet and negotiate in good faith to attempt to
resolve the dispute. If the Parties are unable to resolve the dispute through
direct negotiations, then, except as otherwise provided herein, either Party may
submit the issue to binding arbitration in accordance with the then-existing
Commercial Arbitration Rules of the American Arbitration Association. Arbitral
Claims shall include, but are not limited to, contract and tort claims of all
kinds, and all claims based on any federal, state or local law, statute, or
regulation, excepting only claims under applicable worker's compensation law,
unemployment insurance claims, actions for injunctions, attachment, garnishment,
and other equitable relief. The arbitration shall be conducted in Seminole
County, Florida, and conducted by a single arbitrator, knowledgeable in Internet
and e-Commerce disputes. The arbitrator shall have no authority to award any
punitive or exemplary damages; certify a class action; add any parties; vary or
ignore the provisions of these Terms and Conditions; and shall be bound by
governing and applicable law. The arbitrator shall render a written opinion
setting forth all material facts and the basis of his or her decision within
thirty (30) days of the conclusion of the arbitration proceeding. THE PARTIES
HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL
CLAIMS.
D. Assignment
The rights and liabilities of the
parties hereto will bind and inure to the benefit of their respective assignees,
successors, executors, and administrators, as the case may be.
E. Severability
If for any reason a court of
competent jurisdiction or an arbitrator finds any provision of these Terms and
Conditions, or any portion thereof, to be unenforceable, that provision will be
enforced to the maximum extent permissible and the remainder of these Terms and
Conditions will continue in full force and effect.
F. Attorney's Fees
In the event any Party shall
commence any claims, actions, formal legal action, or arbitration to interpret
and/or enforce the terms and conditions of this Agreement, or relating in any
way to this Agreement, including without limitation asserted breaches of
representations and warranties, the prevailing party in any such action or
proceeding shall be entitled to recover, in addition to all other available
relief, its reasonable attorney's fees and costs incurred in connection
therewith, including attorney's fees incurred on appeal.
G. No Waiver
No waiver of SITE shall be deemed a
waiver of any subsequent default of the same provision of these Terms and
Conditions. If any term, clause or provision hereof is held invalid or
unenforceable by a court of competent jurisdiction, such invalidity shall not
affect the validity or operation of any other term, clause or provision and such
invalid term, clause or provision shall be deemed to be severed from these Terms
and Conditions.
H.
Headings
All headings are
solely for the convenience of reference and shall not affect the meaning,
construction or effect of these Terms and Conditions.
I. Complete Agreement
These Terms and Conditions
constitute the entire agreement between the parties with respect to your access
and use of the SITE and the Materials contained therein, and your membership
with the SITE, and supersede and replace all prior or contemporaneous
understandings or agreements, written or oral, regarding such subject matter. No
amendment to or modification of these Terms and Conditions will be binding
unless in writing and signed by a duly authorized representative of both
parties.
J. Modifications
SITE reserves the right to change
any of the provisions posted herein and you agree to review these Terms and
Conditions each time you visit the SITE. Your continued use of the SITE
following the SITE's posting of any changes to these Terms and Conditions
constitutes your acceptance of such changes. The SITE does not and will not
assume any obligation to provide you with notice of any change to these Terms
and Conditions. Unless accepted by SITE in writing, these Terms and Conditions
may not be amended by you.
K.
Government Rights
The software
elements of the Materials have been developed at private expense and are
commercial computer software or restricted computer software within the meaning
of the FARs, the DFARs, and any other similar regulations relating to government
acquisition of computer software. Nothing contained herein will be deemed to:
(1) grant any government agency any license or other rights greater than are
mandated by statute or regulation for commercial computer software developed
entirely at private expense, or (2) restrict any government rights in any
extensions or custom solutions provided hereunder and developed at government
expense. You further agree not to upload to our SITE any data or software that
cannot be exported without prior written government authorization, including,
but not limited to, certain types of encryption software. This assurance and
commitment shall survive termination of this Agreement.
L. Other Jurisdictions
SITE makes no representation that
the SITE or any of the Materials contained therein are appropriate or available
for use in other locations, and access to them from territories where their
content may be illegal or is otherwise prohibited. Those who choose to access
the SITE from such locations do on their own initiative and are solely
responsible for compliance with all applicable local
laws.