TERMS AND CONDITIONS
B. Company uses the following web site for its
C. No person(s) or business entity (or entities) shall claim to represent
Company for any reason or in any way. Company disclaims any and all responsibility or liability for the actions of its Users (“You”), on or off line. You claim full responsibility and liability for your own actions. The use of false information or false identity is strictly forbidden and may be subject to legal prosecution.
D. Contributions and posts by Users are not necessarily the views of Company.
E. Usage of Company web site and services are reserved for those eighteen (18) years of age or older. Failure to observe this requirement will result in immediate termination of services, without warning. MINORS MAY NOT BECOME REGISTERED USERS. By registering, you represent and warrant that you are at least 18 years old.
A. All information, content, services and software displayed on, transmitted through, or used in connection with this web site, with the exception of User Content as defined below, including for example, news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively, "Content"), as well as its selection and arrangement, are owned by Company and/or its affiliated companies, licensors and/or suppliers.
B. You may use the Content online only and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such
C. If you operate a web site and wish to link to www.WealthyBDSMDating.com,
you may do so provided you agree to cease such link upon request from Company. No other use is permitted without prior written permission of Company. The permitted use described in this Paragraph is contingent on your compliance at all times with these Terms.
D. You may not republish any portion of the Content on any Internet, Intranet or
Extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration and you may not archive, modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through Company, not to insert any code or product or manipulate the content of Company in any way that affects the User's experience, and further, not to use any data mining, data gathering or extraction method.
E. Requests to use Content for any purpose other than as permitted in these Terms must be directed to Company at Support@WealthyBDSMDating.com. In certain cases, you may be able to use individual stories that appear on Company’s web site
through online functionality we have specifically designated (e.g., to e-mail a story to a friend or to purchase
the rights to reproduce a story for other use). In such cases, we will tell you directly in the portion of the
Content what you may use or you will see a link in the Content itself.
A. WealthyBDSMDating offers Users two options for access to the services and
information provided on our web site:
1. Unregistered User - This User will have limited access to services, contact
of other Users and information provided on Company’s web site, subject to change by Company at any time;
2. Registered User- This User will have access to all services, contact of other
Users and information provided on Company’s web site, subject to change by Company at any time.
a. Monthly Membership – First month FREE, then $19.95 for each month
b. Two-Month Membership – First month FREE, then $29.95 every two (2)
c. Three-Month Membership – First month FREE, then $39.95 every three (3)
B. Details about the full range of services available for Registered Users are set
forth on the Company’s web site, under the "Full Member Benefits" link on the Home Page.
C. Registration is required to access all services provided by our web site. If you
become a Registered User, you accept responsibility for all activities that occur under your IP address and name.
You agree to provide true, accurate, complete, and correct information if asked, and to promptly update this
information, as requested, so that it remains true, accurate, complete, and correct.
D. You are responsible for restricting access to your computer so others outside your
household do not access Company’s web site using your IP address or name, in whole or in part, without your
permission. If you believe someone has accessed Company’s web site using your IP address and/or name, without your
authorization, immediately send us an e-mail at support@WealthyBDSMDating.com.
E. You warrant and represent that all of the data provided by you during registration
is accurate and complete. You shall immediately report to Company any changes in information that occur after
F. You shall not use pseudonyms or fictitious names in your registration or
G. You shall not be allowed to have multiple registrations or profiles. You may only
establish one (1) user profile. If Company determines that you have established more than one (1) registration or
profile, your account(s) may be suspended or terminated, subject to the Company’s sole discretion.
H. You warrant and represent that you are a minimum of eighteen years of age to use
the Company’s services at the time of registration.
I. You shall choose a password upon registration. You are solely responsible for
keeping this password secret and shall not give it out to anyone who may then use it to access your account,
profile or the Company’s web site. Company shall not disclose your password to any third party and shall never ask
for your password at any time.
J. By completing the registration process, you agree with all Terms herein. Company
accepts your registration by activating your account for the use of services on Company’s web site. These Terms
take effect with the aforementioned acceptance and account activation by Company.
K. It is technically impossible for Company to determine with certainty whether any
registered User is, in fact, the person he or she represents to be. Therefore, Company assumes no liability for the
actual identity of any User. You are solely responsible for checking the actual identity of another User and are
urged to safeguard your personal information from Users you do not know or if you are asked to provide such
information to another User. Aside from the registration process and updates to account or profile information,
Company will never ask for personal information from a registered User.
IV. Termination and Right to Cancel
A. User may terminate their registration at any time. User may deliver notice of
termination to support@WealthyBDSMDating.com. The termination notice shall include the User’s registered name and email address.
B. Company may, without cause and in its sole discretion, terminate the registration
of User under the following circumstances, which are non-inclusive:
1. If User promotes any communities or associations (or any of their methods or
activities) which are under surveillance by authorities responsible for public safety or the protection of minors;
2. If the User causes physical, mental or emotional harm to any other User(s);
3. Any other reason deemed appropriate by the Company.
C. In the event of a termination in accordance with section IV (B), and
notwithstanding Company's right to terminate the contract in accordance with section IV (B), Company is entitled
1. Delete the Contents, account and profile posted by User; or
2. Issue a warning to User; or
3. Block User's access to services on the Company’s web site.
D. Upon receipt of a valid cancellation, Company will remove all account information
and profile from the Company web site and Users will be unable to log in to their account thereafter.
E. Once an account is cancelled and deleted, you must re-register in order to use the
full services of Company.
V. Use of Information by Company
A. You acknowledge, consent and agree that Company may preserve and disclose the
personal information you’ve provided and the contents of your online communications, if required to do so by law or
in a good faith belief that preservation and/or disclosure is reasonably necessary for the following
1. To comply with legal process, such as a court order, search warrant, or
2. To enforce the requirements of these Terms;
3. To render service(s) you request;
4. To protect the rights or property of Company, its web site and/or its third
party suppliers and licensors; or
5. In circumstances that we deem, in our sole discretion, to pose a threat to
the safety of you or other Users.
B. Other use of information details are more specifically outlined in our Privacy
Policy, documented elsewhere on our web site.
VI. User Content Representations and Warranties
A. By submitting material to Company’s web site, including but not limited to posting
content or communications to any Company bulletin board, Group, Forum, blog or message space, or posting text,
images, audio files or other audio-visual content to the site, you represent and warrant that:
1. You own or otherwise have all necessary rights to the Content you provide
and the rights to provide it under these Terms; and
2. The Content will not cause injury to any person or entity.
B. Using a name other than your own legal name in association with the submission of
Content is prohibited (except in those specific areas of Company that may specifically ask for unique, fictitious
VII. User Content License
A. For all Content you post, upload or otherwise make available to Company, you grant
Company, its affiliates and related entities, including its future web sites, a worldwide, royalty-free, perpetual,
irrevocable, non-exclusive right and fully sub-licensable license to use, copy, reproduce, distribute, publish,
publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such
Content, in any form, format, or medium, of any kind now known or later developed.
B. Without limiting the generality of the previous paragraph, you authorize Company
to share the Content across all web sites, to include such Content in a searchable format accessible by other
Users, to place advertisements in close proximity to such Content and to use your name, likeness and any other
information in connection with Company’s use of the Content you provide.
C. You waive all intellectual property rights with respect to any Content you provide
to Company. You also grant Company the right to use any material, information, ideas, concepts, know-how or
techniques contained in any communication you provide or otherwise submit to us for any purpose whatsoever,
including but not limited to, commercial purposes and developing, manufacturing and marketing commercial products
using such information. All rights in this paragraph are granted without the need for additional compensation of
any sort to you.
VIII. User Content Screening and
A. You acknowledge that Company and/or its designees may or may not pre-screen
Content, and that Company shall have the right (but not the obligation), in its sole discretion, to move, remove,
block, edit, or refuse any Content for any reason, including without limitation, that such Content violates these
Terms or is otherwise objectionable.
B. Company provides Users with a platform on which to establish interaction and
communication with other Users and provides those technical applications that allow Users to interact and
communicate with one another.
C. Regarding web site posted Content, Company does not take part in any communication
between Users. If you enter into communication with other Users through use of the Company web site, it is
understood and agreed by you that Company shall not be a party, mediator or negotiator to these communications. You
alone are responsible for the communications which you enter into with other Users.
IX. User Content Assumption of Risk
A. Company cannot, and does not, monitor or manage Content provided by Users and does
not guarantee the accuracy, integrity, or quality of such Content. All Content provided to Company is the sole
responsibility of the person who provided it. This means that YOU are entirely responsible for all Content that you
B. In order to protect your safety, please use your best judgment when using Company
posting methods. We discourage divulging personal phone numbers and addresses or other information that can be used
to identify or locate you. You acknowledge and agree that if you make such disclosures, either through posting on
any bulletin board or messaging other Users, or uploading text, images, audio files or other audio-visual content,
in classified advertising you place or in other interactive areas, or to third parties in any communication, you do
so fully understanding that such information could be used to identify you.
C. Company shall not be held liable if you are unable to contact another User over
our web site regarding communications.
X. User Content Posting Rules
A. User agrees to adhere to the following requirements:
l. To provide only true and non-misleading information in the User profile and
in communications with other Users and to refrain from using any pseudonyms or fictitious names;
2. To post photographs of the User on the Company’s web site where User can be
clearly recognized. The User warrants and represents that public displaying of said photographs is not prohibited
by copyright or other prohibited use. The User shall not upload any photographs or images of any other person than
that of User, unless User has written permission to do so from the subject(s) in the photograph(s) and states who
such persons are who are depicted in the photographs. The photographs posted by User shall not contain any company
logos or trademarks unless User has specific permission and authority from the owners of such logos or trademarks;
exceptions are photographs of Company employees.
3. User may not post photographs that can be considered pornographic or against any
law or ordinance in the United States.
B. Any decisions as to whether User Content violates any Posting Rule will be made by
Company in its sole discretion and after we have actual notice of such posting. When you provide Content, you agree
to the following Posting Rules:
1. If the photo or video depicts any minor-aged child
or children, you affirm that you have written permission from the child's parent or guardian to provide the photo
or video; in any event, you may not post any photo or video of any minor-aged child or children which would be
considered lewd, lascivious or pornographic.
2. You may not provide Content that:
a. contains copyrighted or other proprietary material of any kind without
the express permission of the owner of that material;
b. contains vulgar, profane, abusive, racist or hateful language or expressions,
epithets or slurs, text, photographs or illustrations in poor taste, inflammatory attacks of a personal, racial or
defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair,
contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is
unreasonably harmful or offensive to any individual or community;
d. violates any right of Company or any third
e. discriminates on the
grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or
refers to such matters in any manner prohibited by law;
f. violates or encourages the violation of any municipal, state, federal law, rule,
regulation or ordinance;
interferes with any third party's uninterrupted use of the Company’s web site or
h. advertises, promotes
or offers to trade any goods or services, except in areas specifically designated for such
i. uploads or transmits
viruses or other harmful, disruptive or destructive files, material or code;
j. disrupts, interferes with, or otherwise harms or violates
the security of the Company or any of its services, system resources, accounts, passwords, servers or networks
connected to or accessible through the Company, its web site or affiliated or linked web sites;
k. "flames" any individual or
entity (e.g., sends repeated messages related to another User and/or makes derogatory or offensive comments about
another individual), or repeats prior posting of the same message under multiple threads or subjects.
l. promotes any commercial practices considered unfair competition,
including progressive customer acquisition practices (such as chain distribution systems, Ponzi schemes, illegal
multi-level selling or pyramid sales).
m. engages or encourages others to engage in any of the following
annoying actions, even if they do not constitute a breach of any applicable laws or ordinances:
i. Sending chain letters;
ii. Sending identical private messages to more than one (1) user at the same
iii. Performing, posting, advertising and promoting any form of illegal structural
distribution measures (such as illegal multi-level marketing or illegal multi-level network marketing);
iv. Communicating in any insinuating, discriminatory or sexually abusive way
(suggestive, implicit or explicit).
C. User is further prohibited from the following activities:
1. Employing any mechanisms, software or scripts when using Company’s web
site. However, the User may use the interfaces or software provided by Company within the scope of the services
available on the Company’s web site.
2. Blocking, overwriting, modifying and/or copying of any Content of the
Company web site unless said actions are necessary for the proper use of Company-provided services. For example,
the use of the "Robot/Crawler" search engine technology is not required for proper use of Company services and is
3. Distributing or publicly disclosing the Contents of Company’s web site or
any User, without written permission from such party.
4. Performing any actions which may impair the operability of Company’s
infrastructure, particularly actions which may overload said infrastructure, servers, bandwidth or other equipment
WARNING: ANY VIOLATION OF THESE POSTING RULES THAT INVOLVES CRIMINAL CONDUCT OF ANY
KIND WILL BE REFERRED TO LAW ENFORCEMENT AUTHORITIES UPON NOTICE OF SUCH VIOLATION RECEIVED BY
XI. Unsolicited Material and Ideas
Company is not responsible for the similarity of any of its Content or programming in
any media to materials, ideas or other User Content provided to Company. You acknowledge and agree that if you send
any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will
be provided to you and you are waiving any claim against Company and its affiliates regarding the use of such
materials and ideas, even if such material or idea is used, that is or may be substantially similar to the idea you
XII. Transactions and E-Commerce
A. During your use of our web site you may elect to engage
in a transaction involving the purchase of a service, product or other tangible goods and services. Credit card
transactions and order fulfillment are handled by a third party processing agent, bank or distribution institution.
While, in most cases, transactions are completed without difficulty, there is no such thing as perfect security on
the Internet or off-line.
B. If you are concerned about on-line credit card safety, in
most cases an email address will be made available so you can write us and place your order. Company cannot and
does not take responsibility for the success or security of transactions undertaken or processed by third
XIII. Errors in Advertisements
On occasion, a product or service may not be available, at
the time or the price, as it appears in an advertisement. In such event, or in the event a product or service is
listed at an incorrect price or with incorrect information due to typographical error, technology error, error in
the date or length of availability, or error in pricing or product/service information received from our
advertisers or suppliers, you agree Company is not responsible for such errors or discrepancies.
XIV. Communications with Third Parties through
A. Your dealings or communications, through Company, with any party other than Company, are solely between you and that third party. For example, certain areas of the Company’s web site may allow you to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will Company be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto.
B. Please review carefully the third party's policies and
practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns or
questions relating to materials or services provided by third parties should be directed to such third
C. During your visit to, or use of, Company’s web site you
may link to, or view as part of a frame, certain content that is actually created or hosted by a third party.
Because Company has no control over third party sites and resources, you acknowledge and agree that Company is not
responsible for the availability of external sites or resources, nor for the content, actions, or policies of those
sites. Information you provide on such sites, including personal information and transactional information, is
subject to the Terms and Conditions of those sites.
XV. Notice of Intellectual Property
A. In accordance with the Digital Millennium Copyright Act
(DMCA) and other applicable International copyright laws, it is the policy of the Company, in appropriate
circumstances, to terminate the account of a User who is deemed to infringe on third party intellectual property
rights or to remove User Content that is deemed to be infringing. If you believe that your work has been copied in
a way that constitutes copyright infringement and is displayed on Company’s web site, please provide the following
information to our Copyright Agent (Manager) (please consult your legal counsel or see appropriate statutes to
confirm these requirements):
1. An electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright or other intellectual property interest.
2. A description of your copyrighted work or other intellectual property that
you claim has been infringed.
3. A description of where the material you claim is infringing is located on
the web site (providing us with a web site URL is the quickest way to help us locate content quickly);
4. Your address, telephone number and e-mail address.
5. 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 by operation of law.
6. 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.
B. Company's Copyright Agent can be reached as
XVI. Counter-Notification for Intellectual Property
A. If you elect to send us a counter-notice in response to a
notice of intellectual property infringement, it must be a written communication provided to Company's designated
Copyright Agent (see above for contact information) that includes substantially the following (please consult your
legal counsel or see appropriate statutes to confirm these requirements):
1. An electronic or physical signature of the registered user.
2. A description of the material that has been removed or to which access has
been disabled and the location at which the material appeared before it was removed or access to it was disabled
(providing us with a web site URL is the quickest way to help us locate content quickly);
3. Your address, telephone number and e-mail address.
4. A statement by you, under penalty of perjury, that you have a good faith
belief that the material was removed or disabled as a result of mistake or misidentification of the material to be
removed or disabled.
5. A statement by you that you consent to the jurisdiction of the appropriate
Court for the judicial district in which the address is located and that you will accept service of process from
the person who provided notification of intellectual property infringement or an agent of such
XVII. General Disclaimer and Limitation of
A. While Company uses reasonable efforts to include accurate
and up-to-date information, Company specifically disclaims any and all responsibility or liability for the
accuracy, content, completeness, legality, reliability, or operability or availability of information or material
displayed in any and all Company services results. Company disclaims any responsibility or liability for the
deletion, failure to store, missed or untimely delivery of any information or material. Company disclaims any
responsibility or liability for any harm resulting from downloading or accessing any information or material on the
Internet through Company’s services.
B. COMPANY MATERIALS, INFORMATION, PRODUCTS AND SERVICES
INCLUDED IN THE COMPANY WEB SITE ARE PROVIDED "AS IS," WITH NO WARRANTIES EXPRESSED OR IMPLIED. COMPANY EXPRESSLY
DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING,
WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF
PROPRIETARY RIGHTS. COMPANY DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS AND
PERFORMANCE OF THE COMPANY WEB SITE. COMPANY DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED
THROUGH THE COMPANY WEB SITE. COMPANY DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED
ON THE COMPANY WEB SITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE COMPANY WEB SITE, AS WELL AS FOR ANY
INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS OR ANY USER CONTRIBUTIONS PROVIDED ON THE COMPANY WEB
C. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE
OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE COMPANY WEB SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF
SUCH MATERIAL OR DATA.
D. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM
JURISDICTION TO JURISDICTION.
E. COMPANY IS NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED
BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER
EQUIPMENT OR OTHER PROPERTY.
F. UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE TO ANY USER ON ACCOUNT OF THAT
USER'S USE OR MISUSE OF, OR RELIANCE ON, THE COMPANY WEB SITE, ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR
THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY,
CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF, AND RELIANCE ON,
THE COMPANY WEB SITE, FROM INABILITY TO USE THE COMPANY WEB SITE OR FROM THE INTERRUPTION, SUSPENSION OR
TERMINATION OF THE COMPANY WEB SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO
APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE
COMPANY WEB SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE COMPANY WEB SITE, AS WELL AS BY REASON OF ANY
INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE COMPANY WEB SITE OR RECEIVED THROUGH ANY LINKS PROVIDED
IN THE COMPANY WEB SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES, LOST PROFITS OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE
PERFORMANCE OR NON-PERFORMANCE OF THE COMPANY WEB SITE OR ANY INFORMATION, SERVICE OR MERCHANDISE THAT APPEARS ON,
OR IS LINKED OR RELATED IN ANY WAY TO, THE COMPANY WEB SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY
FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
G. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
H. Without limiting the foregoing, under no circumstances
shall Company be held liable for any delay or failure in performance resulting directly or indirectly from acts of
nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer
equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures,
strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods,
storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals,
non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
You agree to indemnify, defend and hold harmless Company,
its web site(s) and affiliated companies and each of their respective partners, suppliers, licensors, officers,
directors, shareholders, employees, representatives, contractors, agents and sub-licensees, from any and all claims
(including, but not limited to claims for defamation, trade disparagement, privacy and intellectual property
infringement) and damages (including attorneys' fees and court costs) arising from or relating to any allegation
(1) Your use of Company web site and
(2) Company's use of any User Content or information you provide, as long as
such use is not inconsistent with these Terms;
(3) Information or material provided through your IP address, even if not
posted by you; and
(4) Any violation of these Terms by you.
XIX. Data Protection
A. You should be aware that there are inherent
security risks in transmitting data, such as emails, credit card or personal information, via the Internet because
it is impossible to safeguard completely against unauthorized access by third parties. Nevertheless, we shall do
what is reasonable to safeguard your data, subject to this cautionary limitation.
B. In particular, personal information will be
transmitted via the Internet only if it does not infringe upon third-party rights, unless the respective party has
given its prior consent in view of such security risks.
C. Accordingly, as the web site provider, we shall not
be held liable for any damages incurred as a consequence of such security risks or for any related acts of omission
D. We oppose the use of any available contact
information by Users or a third party for sending unsolicited advertisements (SPAM).
E. As the web site provider, Company reserves the
express right to take legal action against unsolicited mailing or emailing of spam and other similar advertising
materials. Company will report all violators to their respective Internet Service Providers (ISP) as well as the
appropriate legal authority.
XX. International Users
Company’s web site is controlled, operated and administered by Company from its offices within the United States. You must abide by all rules of this Company which determines that a User actually resides outside the United States, Company shall terminate such User’s account if the terms have been violated you must comply with all stated terms within United States and throughout the Country.
XXI. Modifying these Terms
A. Company reserves the right to change these Terms at any
time in its discretion and to notify Users of any such changes solely by changing these Terms.
B. Your continued use of Company’s web site after the
posting of any amended Terms shall constitute your agreement to be bound by any such changes. Your use of this site
prior to the time these Terms were posted will be governed according to the Terms that applied at the time of your
XXII. Discontinuation of Service
A. Company may modify, suspend, discontinue or restrict the
use of any portion of Company’s web site, including the availability of any portion of the Content at any time,
without notice or liability.
B. Company may deny access to any User at any time for any
reason. In addition, Company may, at any time, transfer rights and obligations under these Terms to any Company
affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that
acquires Company or any of their assets.
XXIII. Choice of Law
These Terms will be governed by and construed in accordance
with the laws of the United States, without regard to its conflicts of law provisions. You hereby agree that any
cause of action you may have with respect to Company must be filed in an appropriate court located in All States in
the United States of America. This includes all Out of Country members as well.
XXIV. Statute of Limitations
You agree to file any claim regarding any aspect of this
site or these Terms within six (6) months of the time in which the events giving rise to such claim began, or you
agree to waive such claim. You also agree no claim subject to these Terms may be brought as a class
If, for any reason, any provision of these Terms is found
unenforceable, that provision shall be enforced to the maximum extent permissible so as to effectuate the intent of
the parties as reflected in that provision and the remainder of these Terms shall continue in full force and
XXVI. No Waiver
Any failure of Company to enforce or exercise any provision
of these Terms or related right shall not constitute a waiver of that right or provision.
XXVII. Section Titles
The section titles used in these Terms are purely for
convenience and carry with them no legal or contractual effect.
In the event of termination of these Terms for any reason,
you agree the following provisions will survive: the provisions regarding limitations on your use of Content, the
license(s) you have granted to Company and all other provisions for which survival is equitable or
In the case of a conflict between these Terms and the terms
of any electronic or machine readable statement or policy, these Terms shall control. Similarly, in case of a
XXX. Contact Us
To contact Company, please use the following email
XXXI. Effective Date
APRIL 9, 2008.