Before you accept this agreement, you should note that other parties may post materials on The Site and in The Products that you may find offensive. It is also possible that other parties may obtain information about you that you may consider personal and that they may seek to harass, intimidate or otherwise use such information in a manner that you may object to. Additionally, information that you post is not private and may be accessed and viewed by others. Thus you should be extremely careful about the information you provide and you should not post information that reveals your home address, telephone number, your full name or other information that you do not want to have publicly revealed.
The Site and The Products. The content of The Site and The Products including but not limited to the fees being charged and any other aspects of The Site and The Products can be changed at any time and any additions or changes shall be automatically deemed covered by these terms. The Site and The Products or your access to The Site and The Products can be terminated at any time by Owners. No such actions shall be deemed a breach or violation of this agreement on the part of Owners. Owners shall not be obligated to provide individual notice to you of any changes to The Site or The Products. The terms “The Site” and “The Products” include the entirety of The Site and The Products including but not limited to all of the content of The Site and The Products, jointly, collectively and individually.
The Products and Fees. The makeup and experience of The Products is selected solely by Owners. As part of the fees for The Products, you may be provided additional services depending on the level of service you select when you sign up. Some of the said additional services may include:
Telephone and email support; Professional Services / Consulting time; Access to some online material. All parts of such additional services shall be deemed to be part of the term “The Products” in this agreement.
Your Responsibilities. You shall be exclusively responsible for anything you post, publish or otherwise put up on The Site or in The Products (“Material” in this agreement and the term “Material” shall include but shall not be limited to any information including any photographs, descriptions, biographical material including but not limited to your screen name or initials as indicated above, email information, experience or other information you provide) and everything and all Material that you post, publish or otherwise put up or transmit shall be subject to all of your representations, warranties, obligations and indemnities contained in this agreement. In the event that you provide information about yourself, you shall update such information from time to time to keep the said information current but subject to the ADVISORY above. You are responsible for maintaining the confidentiality of any user identification, password and account provided to you as part of your use of The Site and The Products and you are fully responsible for all activities that occur under your user identification, password or account. You shall not allow any other parties to use your account. Owners reserve the right but have no obligation to reject any Material brought to Owners’ attention but Owners shall not, as a regular matter, review, edit, censor or otherwise maintain any supervisory role with regard to any Material.
You agree that you will not post on The Site or The Products or otherwise publish, transmit, republish or retransmit to others including but not limited to via providing links to any of the following:any Material that may violate the rights of any other party including but not limited to any rights of privacy, rights against libel and slander, rights of contract, copyright, trademark, trade dress or any other rights or any Material that is obscene, offensive, racist, sexually explicit, harassing or which violates the laws of any state, country, province or any other governmental entity anywhere in the world and you agree that you shall be solely responsible for obtaining any permissions to use any materials including materials from other sites in your Material; any Material, including but not limited to any Material contained in your profile, that includes any other party’s telephone number, home address, URL’s or other web site designations, email address, anatomical or sexual references, or sexually suggestive language; any photographs, graphics or the like in any format containing nudity or personal information; any Material that is encrypted; any Material that is advertising or involves commercial or other solicitation of any nature, whether for you or any other party and whether or not considered to be “spam” or junk email and whether or not mailed individually or as part of a mass mailing; any Material that may be deemed to be or is a chain letter or the like; and any Material that contains or delivers any form of viruses, trojan horses, or any other form of malicious or harmful program. Additionally, you understand that everyone who posts any material to The Site and The Products including but not limited to advertisers who advertise on The Site and The Products may own rights to that material or such advertisements and other matters and you agree that you shall not copy, transmit, repost or otherwise use any such material or such advertisements and other matters anywhere without the express, prior and written permission of the owner of that material or such advertisements and other matters.
You further agree that you shall not:
interrupt or disrupt or attempt to interrupt or disrupt The Site and The Products in any way or prevent or impede any other party’s access to The Site and The Products; provide false or misleading information about yourself or others except that you may use a screen name or other name for purposes of privacy; modify or change or attempt to modify or change any aspect of The Site and The Products; stalk, harass or otherwise bother any other party; and collect or store email addresses or other information about other users. You agree that your correspondence or business dealings with, or participation in promotions of advertisers or others found on or through The Site and The Products, including credit card processors and others and including issues related to payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers or others. You agree to abide by all of the terms and conditions related to your correspondence or business dealings with such other parties. You agree that Owners shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or others on The Site and The Products. Advertisers and others are not employees, joint venturers, partners or agents of Owners and are not otherwise affiliated with or related to Owners and are all independent contractors in regard to Owners. Advertisers and others have no authority to bind or obligate Owners in any manner whatsoever. Owners do not screen or investigate the Material or the information posted by you and Owners do not screen or investigate any of the advertisers or others in any manner whatsoever.
You further acknowledge that Owners may establish general practices and limits concerning use of The Site and The Products, including but not limited to the maximum number of days that email messages, message board postings or other uploaded Material will be retained, the maximum number of email messages that may be sent from or received by you, the maximum size of any email message that may be sent from or received by you, the maximum disk space that will be allotted on Owners’ servers on your behalf, and the maximum number of times and the maximum duration for which you may access The Site and The Products in a given period of time. You agree that Owners have no responsibility or liability for the deletion or failure to store any messages and other communications or other Material. You acknowledge that Owners reserve the right to delete accounts that are inactive for an extended period of time.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” If you are a resident of any other state you waive any similar laws that prevent a full and complete release.
Interpretation of this Agreement. It is the intention of Owners in this agreement and with regard to The Site and The Products to make certain that Owners are not deemed to be a publisher, speaker or distributor of any Material and not responsible in any manner for the conduct of you or any other member or otherwise. As such, this agreement and The Site and The Products shall be construed to make Owners not liable in any manner for any Material, such conduct or otherwise and to make Owners’ actions consistent and compliant with all laws, anywhere in the world, whether now in existence or hereafter enacted.
Your Promises. In addition to all your other promises, representations and warranties contained in this agreement, you represent and warrant: that you are over the age of 21; that neither the Material nor entering into this agreement by you will impair or violate any rights of any party and that all of the Material complies and will comply with all applicable laws, statutes, regulations of any governmental or other body exercising jurisdiction over this agreement, The Site and The Products or otherwise anywhere in the world; that the Material is original with you; that all information contained in the Material is completely truthful, honest and not misleading in any way; and that you shall be solely responsible for full compliance under all state and federal laws, statutes, regulations and similar enactments anywhere in the world regulating this agreement, The Site and The Products or otherwise. You further represent and warrant that you shall not seek to hold Owners, or any of Owners’ shareholders, officers, directors, agents, members, attorneys or others liable in any manner for anything that may result from your or another person’s use of The Site and The Products. These promises, representations and warranties shall survive the termination of this agreement.
Your Indemnities. You shall defend and save and hold harmless Owners, Owners’ affiliated and related corporations and other related business entities, their or Owners’ respective heirs, successors and assigns and their or Owners’ licensees, partners, employees, agents, attorneys, shareholders, officers, directors and members against any and all claims, demands, costs, awards, damages and the like, including attorneys fees, that may arise from a breach or claimed breach of any of your warranties, representations, promises or obligations under this agreement, whether or not a breach of those warranties, representations, promises or obligations is finally sustained and whether or not any litigation or claim is filed, or for any other cause of action or claims by any parties including but not limited to any governmental body whether or not any litigation or claim is filed or sustained. These indemnities shall survive the termination of this agreement.
No Warranties. THE SITE AND THE PRODUCTS AND ALL OF THE COMPONENTS OF THE SITE AND THE PRODUCTS INCLUDING BUT NOT LIMITED TO ANY ADVERTISING ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WHETHER AS TO USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. OWNERS DO NOT WARRANT THAT ANY OF THE MATERIAL WILL BE SECURE. YOU ARE USING THE SITE AND THE PRODUCTS AT YOUR OWN RISK. Owners SHALL NOT BE RESPONSIBLE FOR ANY ACTS OR OMISSIONS BY ANY PARTY INCLUDING BUT NOT LIMITED TO ANY “HACKERS” OR THOSE WHO MIGHT INVADE OR DISRUPT THE SITE AND THE PRODUCTS OR TAKE INFORMATION INCLUDING MATERIAL FROM THE SITE AND THE PRODUCTS OR OTHERWISE. OWNERS SHALL NOT BE RESPONSIBLE FOR THE CORRECTNESS OR ACCURACY OF ANY MATERIAL POSTED ON OR INFORMATION OBTAINED FROM THE SITE AND THE PRODUCTS, WHETHER BY OR FROM OWNER OR BY OR FROM ANY PARTY INCLUDING BUT NOT LIMITED TO BY OR FROM ANY ADVERTISER OR ANY OTHER PARTY. Owners DO NOT ENDORSE OR SUPPORT ANY MATERIAL POSTED BY ANY PARTY INCLUDING BUT NOT LIMITED TO ANY ADVERTISER OR ANY OTHER PARTY. Owners SHALL NOT BE RESPONSIBLE FOR ANY ACTS OR OMISSIONS BY ANY PARTY INCLUDING BUT NOT LIMITED TO ANY ADVERTISER OR ANY OTHER PARTY INCLUDING BUT NOT LIMITED TO ANY PARTY TO WHOM THE SITE OR THE PRODUCTS HAVE PROVIDED ANY LINKS OR ANY PARTY WHICH MAY PROVIDE SERVICES TO THE SITE OR THE PRODUCTS OR TO YOU. OWNERS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT OR INDIRECT COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR COSTS OF ANY CHARACTER INCLUDING BUT NOT LIMITED TO DAMAGES OR COSTS FOR PERSONAL INJURY OF ANY SORT, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, PATENT INFRINGEMENT, LIBEL, SLANDER, INVASION OF PRIVACY, INTERFERENCE WITH THE RIGHTS OF PUBLICITY, LOSS OF GOODWILL, LOSS OF DATA, LOST PROFITS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, BREACH OF CONTRACT, FAILURE TO PAY FOR SERVICES OR WORK, OR FOR FAILURE OF Owners’ OR ANY OTHER WEB HOSTING OR OTHER SERVER OR ANY FAILURE OF Owners OR ANY OTHER PARTY TO PROVIDE INTERNET ACCESS OR ACCESS TO THE SITE FOR ANY PERIOD OF TIME OR FOR ANY CAUSE OUTSIDE OF OWNERS’ CONTROL OR FOR ANY AND ALL OTHER DAMAGES OR COSTS INCLUDING PUNITIVE DAMAGES OR LOSSES. Owners WILL NOT BE LIABLE FOR ANY DAMAGES OR COSTS IN EXCESS OF THE TOTAL CONTRACT PRICE FOR THE PRODUCTS EVEN IF Owners SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS, OR FOR ANY CLAIM BY ANY OTHER PARTY. THE WITHIN LIMITATION OF WARRANTIES MAY BE LIMITED BY THE LAWS OF CERTAIN STATES OR OTHER JURISDICTIONS AND SO SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER RIGHTS THAT MAY VARY FROM STATE TO STATE.
Parental Control. Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. The names of some of those providers or the information that will enable you to access that information about such providers can be found at http://search.yahoo.com/search?p=parental+controls&fr=FP-tab-web-t&toggle=1&ei=UTF-8 Owners shall not be responsible in any manner as to any aspect of any such parental control protections or otherwise.
The Site is provided by Owners, who are located at 4804 Laurel Canyon Blvd, Suite 215, Valley Village, CA 91607, email@example.com. If you have any complaints about The Site and The Products, you can contact Owners at the above email or other address. If you believe your copyright rights have been violated, you should notify Owners’ Designated Agent. Residents of the state of California can obtain additional information about their rights from the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at (916) 445-1254. This agreement shall be subject to and interpreted under the laws of the state of Virginia applicable to agreements wholly to be performed therein as well as the laws of the United States, where applicable. Captions are for clarity sake only and have no substantive effect. This agreement is the complete understanding between you and Owners except that Owners may change the provisions of this agreement by posting such changes on The Site but without any individual notice to you and if you use The Site after such change is so posted, you will be deemed to have accepted such change and such change shall be retroactively made a part of this agreement. It shall bind and benefit each of your and Owners’ respective heirs, assigns and successors in interest but any restrictions on assignment and transfer otherwise contained in this agreement shall otherwise apply. A waiver of any provision of this agreement, or any claimed breach thereof, shall not be deemed a waiver of any other provision or breach. All remedies provided Owners in this agreement are cumulative and the exercise by Owners of any remedy shall be without prejudice to Owners’ exercise of any other rights or remedies available to Owners. Any dispute arising under this agreement shall be determined only by a court of competent jurisdiction only in Arlington, Virginia and Owners shall be entitled to injunctive relief. You expressly consent to personal jurisdiction in such state and in such court. In any action under this agreement, the prevailing party shall be entitled to attorneys’ fees and court costs. In the event any portion of this agreement shall be held invalid or unenforceable it shall not affect the validity or enforceability of the rest of this agreement. All of the provisions of this agreement shall survive the termination of this agreement for any reason.