WEBSITE TERMS AND CONDITIONS
These Website User and Membership Terms and Conditions govern your use and access to and/or membership in exposedexbfs.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 billers
seen at http://www.pay-itl.com/.
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.
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, Nicosia, PC 1097
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 Nicosia, Cyprus.
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.