WEBSITE USER AND MEMBERSHIP TERMS AND PREREQUISITES
These Website User and Membership Terms and Conditions govern your use and access to and/or membership in, the following network of Web sites, which currently includes: {SITES} (collectively, the "SITES," or individually, a "website" or "we/our"). IMPORTANT!
The Website User and Membership Terms and prerequisites manage your access, use and membership within the flowing system of websites: {SITES} (collectively, the "SITES," or individually, a "website" or "we/our"). IMPORTANT!
These Terms and Conditions also manage your membership to the website if you become a member. By gaining access to, using, viewing, reading, printing, installing, or downloading any material from the website, or becoming a member to the website, you agree to be constrained by these Terms and Conditions. This accord is intended to be managed by the Electronic Signatures in Global and National Commerce Act (E-Sign Act). You display your agreement to these Terms and Conditions by any act signifying your permission thereto, including clicking any button containing the words "I agree" or similar syntax. You may present a paper copy of this business deal and print this form for your private records. You have the right to extract your permission to use the E-Sign Act by emailing us. Your permission to use the E-Sign Act is restricted to supplying the data on this form. Admission to this electronic documentation requires a simple browser program such as Internet Explorer™ or Netscape™ and a computer. These Terms and Conditions are subject to modification by the website without prior notice, at any time, in its discretion. Warning of any changes will be announced on this page. You agree to appraise this page every so often to be aware of such changes. If these changes are objectionable to you, you must end your membership as supplied below. Your continued use of the website following the effective date of any such changes constitutes your full acknowledgement and acceptance of these changes.
If you don't permission to be restricted by these Terms and Conditions, you may not enter the website, you must exit the website without delay, you may not use or gain entrance to the website, and you may not print or download any materials from them. You may use and gain entrance to the website only in accordance with these Terms and Conditions. Please confer with these Terms and Conditions regularly and read them cautiously before using the website. You assert that you have read this agreement and understand, agree and permission to its Terms and Conditions.
You are exclusively accountable for obtaining and gaining entrance to the website and that this entrance may involve third party costs (such as Internet service supplyr or airtime charges). You are accountable for those charges, including costs allied with the exhibition or delivery of advertisements. In addition, you must supply and are accountable for all paraphernalia necessary to gain entrance to the website.
I. Images and Content
If you're searching for information concerning unlawful actions, please leave this website without delay. You're additionally aware of the societal standards of your community, and you will only gain entrance to the content on the website if you accept as true, upon diligent investigation, that the content on the website does not offend the societal standards customary in your community. You further agree not to use or gain entrance to the website if doing so would breach the laws of your state, province or country. You also recognize that these sites 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 website (collectively, "materials"). You're on notice that some of the materials presented on the website may contain graphic visual depictions, graphic audio, and descriptions of sexually oriented, explicit, aberrant, or disturbing activities. You recognize that you're aware of the nature of the materials supplied by the website, that you're not offended by such materials and that you gain entrance to the website freely, voluntarily and willingly.
II. Age of Membership and Majority
A. Membership
You must take into serious account that membership may not be assigned, transferred, or sold to a third party. We [This website and it's affiliates] disclaim any and all liability arising from fraudulent entry and use of the website. If a user deceitfully obtains gain entrance to, the website may terminate membership without delay and take all necessary and proper actions under pertinent federal, state, and international laws.
B. Age of Majority
Be aware that you must ALWAYS represent and warrant that you're at least 18 or 21 years of age, depending on the age of majority in your jurisdiction, and that you have the legal competence to enter into this agreement. If you're not at least 18 or 21 years of age, depending on the age of majority in your jurisdiction, you must exit the website without delay and may not use or gain entrance to the website or print or download any materials from them. More likely than not you'll be asked to verify your birth date on the Birth Date Verifier(tm) form as a prerequisite of entry onto the website, pursuant to 28 U.S.C. §1746. You agree not to bypass any security and/or gain entrance to feature on this website. Additionally, the website does not assume any responsibility or liability for any misrepresentations regarding a user's age.
III. No Child Porn
We want to make it very clear that any and all models appearing on this website are, and were at the time of all recorded images, at least 18 years of age, and that our website contains no child pornography. If child porn is what you're looking for, leave this website right now. You must recognize that all materials on the website are protected by the First Amendment. This is a very serious matter, and we take a strong and definite stand against child pornography. This being the case, we allow images and materials that are protected by the First Amendment. If you identify any images, real or replicated, depicting minors engaged in sexual activity within the website, please report the images to the website. Include with your report any appropriate evidence, including the date and time of identification. All reports are without delay investigated and the appropriate action WILL be taken. We earnestly cooperate with any and all law-enforcement agencies investigating child pornography. If you suspect other outside websites are partaking 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 help users to limit minors' entrance to harmful material.
IV. Access to, Limited License, and Interference with, website
A. Access
In order to gain entrance to the website or some of the resources it has to offer, you may be asked to supply certain registration details or other information. It is a prerequisite of your use of this website that all information you supply will be accurate, up to date, and complete. If the website believes the information you supply is not correct, current, or complete, the website has the right to refuse you entrance or access to any of its resources. It also reserves the right terminate or suspend your entrance to it at any time.
B. Limited License
You must agree to prevent any unlawful copying of the website, or any of the materials contained therein. Any unlawful use of the website or any of the materials contained therein terminates this restricted license effective without delay. This is a license to use and gain entrance to the website for its intended purpose and is not a transfer of title. You signify and warrant that you won't allow any minor gain entrance to this website and that you won't copy or redistribute any of the content appearing on this website. The site reserves the right to terminate this license at any time if you breach or violate any stipulation of this agreement, in which case you will be obligated to without delay destroy any information or materials you have downloaded, printed or otherwise copied from this website. Violators of this limited license may be prosecuted to the fullest extent under the applicable law.
Subject to these Terms and Conditions and in consideration of using the website, the website hereby grants you a limited, nonexclusive, nontransferable personal license to gain entrance to and use the website and the materials contained therein. The website supplies the materials on this website for the personal, non-commercial use by viewers, fans, visitors, subscribers and/or potential subscribers of said website. Users of this website are granted a single copy license to view materials (on a single computer only). All materials on the website shall be for private non-commercial use only, and all other uses are strictly forbidden. Website reserves the right to limit the amount of materials viewed.
C. Interference
User agrees not to use any automatic device or manual process to monitor or reproduce the website, and won't use any device, software, computer code, or virus to interfere or attempt to disrupt or damage the website or any communications on it. Except where expressly permitted by law, you may not translate, reverse-engineer, decompile, disassemble or make plagiaristic works from our website's materials.
V. Restrictions on Use of website
You must agree to cooperate with the website in causing any unlawful use to cease without delay. At any time, if the website supplies 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 website or other services included on the website. You're exclusively accountable for submitting any material that violates 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 website shall terminate all your rights under this agreement. It must be made very clear that you may use the website ONLY for intentions expressly permitted by the Terms and Conditions of the website. You may not use the website for any other purpose, including any commercial purpose, without the website's express prior written permission. Without the express prior written authorization of the website, you may not: (a) duplicate the website or any of the materials contained therein (except as expressly supplied above in Paragraph IV); (b) create derivative works based on the website or any of the materials contained therein; (c) use the website or any of the materials contained therein for any public display, public performance, sale or rental; (d) re-distribute the website or any of the materials contained therein; (e) remove any copyright or other proprietary notices from the website or any of the materials contained therein; (f) frame or utilize any framing techniques in connection with the website or any of the materials contained therein; (g) use any meta-tags or any other "hidden text" using the website' name or marks; (h) "deep-link" to any page of the website (including the homepage); (i) circumvent any encryption or other security tools used anywhere on the website (including the theft of user names and passwords or using another person's user name and password in order to gain entrance to a restricted area of the website); (j) use any data mining, robots or similar data gathering and extraction tools on the website; (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 gain entrance to and use the materials as granted in Paragraph IV above; or (m) bookmark any page of the website beyond the registration log-in screen.
VI. Membership
A. Registration
You and you alone are accountable for providing all equipment and the computer necessary to gain entrance to the website. You may gain entrance to the non-public portion of the website only by being a member in good standing to the website. The website reserves the right to modify materials and the website's design at anytime, with or without prior notice. You may become a member of the website by completing an online registration form, which must be accepted by website, and you must pay the subscription fee. Upon submission of the online registration form, website or its authorized agent will process the application. In connection with completing the online registration form, you agree to: (a) supply true, accurate, current and complete information about yourself as prompted by the registration form (such information being the "Registration Data") and (b) preserve and promptly update the Registration Data to keep it true, accurate, current and complete at all times while you're a member. If you supply any information that is untrue, inaccurate, not current or incomplete, or website or any of its authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, website has the right to suspend or terminate your account and refuse any and all current or future use of the website, as well as subjecting you to criminal and civil liability. You're accountable for dishonored checks and any related costs that we incur with respect to your account.
B. Member Account, Password and Security
The registration process will see to it that you're issued a unique user name and password which you must supply in order to gain entrance to the non-public portion of the website. You certify that when asked to choose a username you won't choose a name which may falsely represent you as somebody else or a name which may otherwise be in breach 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 annul at any time the membership of anyone who uses their selected username in breach 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 won't disclose to any other person your unique user name and password and that you won't provide an entrance to the website 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 website. You're exclusively accountable for maintaining the confidentiality of your user name and password and are fully accountable for all activities that occur under your user name and password. Website won't release your password for security reasons. You agree to (a) without delay notify website of any unlawful 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're liable and accountable for any unlawful use of the website until you notify website by email regarding that unlawful use. Unlawful entrance to the website is illegal and a breach of this agreement. You indemnify the website against all activities conducted through your account. You may obtain and gain entrance to your billing records regarding charges of your use of the website upon request.
C. Membership Fees
You agree to pay all membership costs when due according to these billing terms. At the time of registration, you must select a payment method. Website reserves the right to contract with a third party to process all payments. Such third party may impose additional terms and prerequisites 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 without delay upon annulations or cancellation of your account. We reserve the right to make changes to our costs and billing methods, including the addition of supplemental charges for any content or services supplied by the website, with or without prior notice to you, at any time. THIS website USES AN AUTOMATIC REBILL CYCLE ACCORDING TO THE USER'S SELECTED PAYMENT OPTION.
Memberships designated as "monthly" renews at the monthly rate if the subscriber has not annulled 72 hours prior to expiration. Membership costs to the website are prominently displayed prior to your subscription thereto.
D. Billing Errors
If you believe that you have been erroneously billed, please notify us without delay of such error. If we don't 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. A subscriber's subscription to the service will be automatically renewed as stated below upon expiration of the initial term, unless website is notified via our online Customer Service Area at http://www.ecsupport.biz The 3 day trial membership renews at the monthly rate if the subscriber has not annulled 24 hours prior to the expiration date.
VII. Termination
You may annul your membership at any time by visiting http://www.ecsupport.biz. You hereby agree to be personally liable for any and all charges incurred by you until cancellation of membership for goods or services through your use of the website.
ANY AND ALL refunds will be made by crediting the credit card that was used to make the primary purchase in the event that a reimbursement is issued.
This agreement's stipulations shall survive its cancellation, unless otherwise stated. Upon our processing of your request to annul your membership, you will no longer have entrance to the non-public areas of the website to which you were a member. Without restricting other cures, the website may, without delay, issue a warning to temporarily suspend, indefinitely suspend, or terminate your entrance to and the use of the website and refuse to supply our services to you at any time, with or without advance notice, if: (a) website believes that you have breached any material term of these Terms and Conditions or the credentials 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 supply to us; (d) we believe that your actions may cause legal liability for you, our users or us; or (e) website decides to cease operations or to otherwise discontinue any of the website or parts thereof. Further, you agree that neither website nor any third party acting on our behalf shall be liable to you for any cancellation of your membership or gain entrance to the website. You agree that if your account is terminated by website, you won't attempt to re-register as a member without prior written permission from website.
VIII. Disclaimer of Warranty
YOU COMPREHEND THAT THE website CANNOT AND DOES NOT OFFER ASSURANCE 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. Website DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET. Website MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE website OR ANY TRANSACTION ENTERED INTO THROUGH THE website AND IS NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION BY SELLERS OR THIRD PARTIES. Website OWNER MAY CHANGE ANY OF THE INFORMATION FOUND AT THIS website AT ANY TIME WITHOUT NOTICE INCLUDING THE TERMS OF SERVICE WITHOUT NOTICE. Website OWNER MAKES NO COMMITMENT TO UPDATE THE INFORMATION FOUND AT THIS website. Website 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 SUITABILITY 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.
YOU UNEQUIVOCALLY CONCUR THAT USE OF THE website OR ANY OF THE MATERIALS ENCLOSED THEREIN IS AT YOUR OWN AND SOLE RISK. THE website AND ALL MATERIALS ENCLOSED THEREIN ARE SUPPLYD "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. Website MAKES NO DEPICTIONS OR WARRANTIES THAT THE website OR ANY MATERIALS ENCLOSED THEREIN WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES website MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, USEFULNESS, ACCURACY OR COMPLETENESS OF THE website OR ANY OF THE MATERIALS ENCLOSED THEREIN. YOU ALSO COMPREHEND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE website OR ANY OF THE MATERIALS ENCLOSED 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.
IX. Disclaimer
OUR website INCLUDES MATERIAL THAT MAY BE OFFENSIVE TO THIRD PARTIES. YOU DO HEREBY AGREE TO ASSURE AND HOLD US SAFE FROM ANY LIABILITY THAT MAY ARISE FROM REVIEWING SUCH MATERIAL AND WARRANT AND AGREE TO CEASE REVIEW OF THE website SHOULD YOU FIND IT OFFENSIVE. IF YOU'RE SEEKING SERVICES THAT ARE IN BREACH OF ANY APPLICABLE LAWS WHATSOEVER, YOU MAY NOT USE THIS website 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 website. THE STIPULATION OF ANY SERVICES THAT ARE IN BREACH OF ANY LAWS IS STRICTLY FORBIDDEN. IF WE DETERMINE THAT YOU OR ANY USER HAS SUPPLYD OR INTENDS TO PURCHASE OR SUPPLY ANY SERVICES IN BREACH OF ANY LAW, YOUR ABILITY TO USE THE website 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 BREACHES 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 COMPELLED TO DEFEND ANY CLAIMS INCLUDING, WITHOUT LIMITATION, ANY CRIMINAL ACTION BROUGHT BY ANY PARTY NOT AFFILIATED WITH THIS website.
X. Limitation of Liability
IN NO EVENT SHALL THE website's MAXIMUM TOTAL AGGREGRATE LIABILITY HEREUNDER FOR DIRECT DAMAGES EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR USE OF A website OR website 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 SUBSIDIARY DAMAGES, THE ABOVE RESTRICTION MAY NOT APPLY TO YOU. IN NO EVENT SHALL website (OR ITS LICENSORS, NEGOTIATORS, SUPPLIERS, RESELLERS, SERVICE SUPPLYRS, 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 RESTRICTION, COMPENSATION 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 website OR ANY OF THE MATERIALS ENCLOSED THEREIN, EVEN IF website 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 website HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES.
XI. Indemnity
Website shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your cost) 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. You consent to support, assure, and hold harmless the website, its representatives, administrators, shareholders, employees, independent contractors, telecommunication suppliers, and mediators, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting costs, 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 website or any of the materials contained therein, or your breach of any of these Terms and Conditions.
XIII. Trademark Information
The website's marks, logos, domains, and trademarks may not be used publicly except with express written permission from website, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits website. This website and the abovementioned names of the SITES are service marks and/or trademarks of the website. We assertively 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.
XIV. Copyright Information
XV. Notice of Claimed Infringement
The website respects the intellectual property of others, and we ardently suggest that others extend the same courtesy. If you believe that your work has been plagiarized in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise sullied, please supply website's Designated Copyright Agent the following information:
(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) A Depiction of the copyrighted work or other intellectual property that you claim has been infringed;
(c) A depiction of where the material that you declare is infringing is located on a website;
(d) Your address, telephone number, and email address;
(e) An account 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) An account by you, made under penalty of perjury, that the above information in your Notice is accurate and that you're 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:
EarnCoin B.V.
The Netherlands
Dokweg 27 B
1976 CA IJMuiden
Phone: +1-310-928-1181
Fax: +1-866 902-6088
info@ecsupport.biz
Don't send other inquires or information to our Designated Agent.
XVI. Notice and Takedown Procedures
The website's DMCA ("Digital Millennium Copyright Act") 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 website that are infringing according to §512 of the DMCA, the website 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 website will expeditiously remove and/or disable the ability to gain entrance 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 website 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. The website implement the following "notice and takedown" procedure upon receipt of any notification of claimed copyright infringement. The website set aside the right at any time to disable entrance to, or remove any material or activity accessible on or from the website or any materials claimed to be infringing or based on facts or conditions from which infringing activity is apparent. It is the firm policy of the website to terminate the account of repeat copyright infringes, when appropriate, and the website 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").
XVII. Export Control
You affirm that you won't license or otherwise consent to 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. Diversion of such materials contrary to international law is forbidden. You won't aid or take part in any such diversion or other breach of applicable laws and regulations.
XVIII. No Agency Relationship
Zilch in this agreement shall be considered to represent, establish, imply, give effect to, or otherwise recognize an affiliation, employment, joint venture or formal business entity of any kind; and the rights and commitment 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 supplied by email to a functioning email address of the party to be noticed, by a general posting on the website, or personal delivery by commercial carrier such as FedEx or Airborne. Notices by customers to the website shall be given by electronic messages unless otherwise specified in the agreement.
B. Change of Address
Either party may modify the address to which notice is to be sent by written notice to the other party pursuant to this stipulation of the agreement.
C. When Notice is Effective
Notices by email and facsimile transmission, with substantiation from the transmitting machine that the transmission was completed, are acceptable under this agreement supplied that they are delivered one 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. Notices shall be deemed effective upon delivery. Notices delivered by overnight carrier shall be deemed delivered on the business day following mailing.
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
Website does not supply any facility for sending or receiving private or confidential electronic communications. All messages transmitted to the website shall be deemed to be readily to hand to the general public. Visitors should not use this website to transmit any message 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 website can and may be read by the agents and operators of this service, regardless of whether they are the proposed recipients of such messages.
XXI. Force Majeure
Website shall not be accountable for any failure to function 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 website's performance.
XXII. General Stipulations
A. Rights to Injunctive Relief
Both parties acknowledge that remedies at law may be inadequate to supply 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.
B. Binding Arbitration
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 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 stipulations of these Terms and Conditions; and shall be restricted 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. 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 disagreement.
C. Assignment
The rights and accountability of the parties hereto will bind and inure to the advantage of their respective assignees, successors, executors, and administrators, as the case may be.
D. Sever ability
If for any reason a court of competent authority or an arbitrator finds any stipulation of these Terms and Conditions, or any segment thereof, to be unenforceable, that stipulation will be imposed to the maximum extent allowable and the remainder of these Terms and Conditions will continue in full force and effect.
E. Attorney's Fees
In the event any Party shall commence with any claims, actions, formal legal action, or arbitration to interpret and/or enforce the terms and prerequisites 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 costs and costs incurred in connection therewith, including attorney's costs incurred on appeal.
F. No Waiver
No waiver of website shall be deemed a waiver of any subsequent default of the same stipulation of these Terms and Conditions. If any term, clause or stipulation hereof is held void or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or stipulation and such invalid term, clause or stipulation shall be deemed to be severed from these Terms and Conditions.
G. Headings
All headings are exclusively for the convenience of reference and shall not affect the meaning, structure or effect of these Terms and Conditions.
H. Complete agreement
No amendment to or adjustment of these Terms and Conditions will be binding unless in writing and signed by a duly endorsed delegate of both parties. These Terms and Conditions constitute the entire agreement between the parties with respect to your entrance to and use of the website and the materials contained therein, and your membership with the website, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
I. The website does not and won't assume any obligation to supply you with notice of any change to these Terms and Conditions.
Unless accepted by website in writing, these Terms and Conditions may not be amended by you. Modifications website reserves the right to change any of the stipulations posted herein and you agree to review these Terms and Conditions each time you visit the website. Your continued use of the website following the website's posting of any changes to these Terms and Conditions constitutes your acceptance of such changes.
J. 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 attainment of computer software. Nothing enclosed herein will be deemed to: (1) grant any government agency any license or other rights greater than are authorized 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 supplied hereunder and developed at government cost. You further agree not to upload to our website any data or software that cannot be exported without prior written government approval, including, but not limited to, certain types of encryption software. This assurance and commitment shall endure the cancellation of this agreement.
K. Other Jurisdictions
Those who choose to gain entrance to the website from such locations do on their own initiative and are exclusively accountable for compliance with all applicable local laws. The website makes no representation that the website or any of the materials contained therein are appropriate or available for use in other locations, and gain entrance to them from territories where their content may be illegal or is otherwise forbidden.