|
Info-products-online.com is comprised of the internet
sites Info-products-online.com.,
www.ubersexuals.info, (the "Info-products-online.com Sites"),
provides the information and services on Info-products-online.com Sites
to you, the user, conditioned upon your acceptance, without
modification, of the terms and conditions of use ("Terms") contained
herein. Your use of Info-products-online.com Sites constitutes agreement
with such Terms.
Before using
Info-products-online.com Sites, please carefully read this agreement
relating to your use of Info-products-online.com Sites. By using
Info-products-online.com Sites, you agree to be bound by these terms and
conditions. If you do not agree to these terms and conditions, please do
not use Info-products-online.com Sites.
Info-products-online.com
reserves the right, at Info-products-online.com's sole discretion, to
change, modify, add or remove portions of these Terms periodically. Such
modifications shall be effective immediately upon posting of the
modified agreement to the website unless provided otherwise (e.g., when
implementing major, substantive changes, Info-products-online.com
intends to provide users with up to fourteen days of advance notice).
Your continued use of the Info-products-online.com Sites following the
posting of changes to these Terms will mean that you accept those
changes.
Use of Info-products-online.com Sites constitutes full
acceptance of and agreement to the Terms; if a user does not accept
Info-products-online.com's Terms, he or she is not granted rights to use
Info-products-online.com Sites as defined herein, and should refrain
from accessing Info-products-online.com Sites.
Info-products-online.com
reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, any or all Info-products-online.com
Sites (or any part thereof). Info-products-online.com shall not be
liable to any user or other third party for any such modification,
suspension or discontinuance except as expressly provided herein.
By using Info-products-online.com
Sites, you warrant to Info-products-online.com that you will not use
Info-products-online.com Sites, or any of the content obtained from
Info-products-online.com Sites, for any purpose that is unlawful or
prohibited by these Terms. If you violate any of these Terms, your
permission to use the Info-products-online.com Sites automatically
terminates.
The Info-products-online.com Sites are owned and
operated by Info-products-online.com for the purpose of software
development, discussion, implementation and innovation (the "Purpose").
The Info-products-online.com Sites provide products and services for the
health & fitness industry, specifically the commercial indoor sunlamp
tanning industry.
All information, data, text, software, music, sound,
photographs, graphics, video, messages, or any other materials
whatsoever (collectively, "Content"), whether publicly posted or
privately transmitted, is the sole responsibility of the person from
whom such Content originated. This means that the user, and not
Info-products-online.com, is entirely responsible for all Content that
he or she uploads, posts, emails or otherwise transmits via the
Info-products-online.com Sites. No user shall transmit Content or
otherwise conduct or participate in any activities on Info-products-online.com
Sites that, in the judgment of Info-products-online.com, is likely to be
prohibited by law in any applicable jurisdiction, including laws
governing the encryption of software, the export of technology, the
transmission of obscenity, or the permissible uses of intellectual
property.
Info-products-online.com
reserves the right to refuse or delete any Content of which it becomes
aware and reasonably deems not to fulfill the Purpose. In addition,
Info-products-online.com shall have the right (but not the obligation)
in its sole discretion to refuse or delete any Content that it
reasonably considers to violate the Terms or be otherwise illegal.
Info-products-online.com, in its sole and absolute discretion, may
preserve Content and may also disclose Content if required to do so by
law or judicial or governmental mandate or as reasonably determined
useful by Info-products-online.com to protect the rights, property, or
personal safety of Info-products-online.com Sites' users and the public.
Info-products-online.com does not control the Content posted to the
Info-products-online.com Sites and, as such, does not guarantee the
accuracy, integrity or quality of such Content. Under no circumstances
will Info-products-online.com be liable in any way for any Content,
including, but not limited to, liability for any errors or omissions in
any Content or for any loss or damage of any kind incurred as a result
of the use of any Content posted, emailed or otherwise transmitted via
Info-products-online.com Sites.
Each user, by
using Info-products-online.com Sites, may be exposed to Content that is
offensive, indecent or objectionable. Each user must evaluate, and bear
all risks associated with the use of any Content, including any reliance
on the accuracy, completeness, or usefulness of such Content.
Use, reproduction, modification, and other intellectual
property rights to data stored on the Info-products-online.com Sites
will be subject to licensing arrangements that may be approved by
Info-products-online.com as applicable to such Content.
Content located
on any Info-products-online.com-hosted subdomain which is subject to the
sole editorial control of the owner or licensee of such subdomain, shall
be subject to the appropriate license applicable to such Content, or to
such other licensing arrangements as may be approved by Info-products-online.com
as applicable to such Content.
You agree not to sell, resell, or offer for any
commercial purposes, any portion of the Info-products-online.com Sites,
use of the Info-products-online.com Sites, or access to the
Info-products-online.com Sites.
Info-products-online.com may establish general practices
and limits concerning use of the Info-products-online.com Sites. While
Info-products-online.com will use reasonable efforts to back up site
data and make such data available in the event of loss or deletion,
Info-products-online.com has no responsibility or liability for the
deletion or failure to store any messages and other communications or
other Content maintained or transmitted by any Info-products-online.com
Site. Info-products-online.com reserves the right to mark as "inactive"
and archive accounts and/or Content that are inactive for an extended
period of time. Info-products-online.com reserves the right to change
these general practices at any time, in its sole discretion, with notice
to users and the public as described in Section 1 above.
Info-products-online.com, any Info-products-online.com
Site or a third party may provide links to other websites.
Info-products-online.com exercises no control whatsoever over such other
websites and web-based resources and is not responsible or liable for
the availability thereof or the Content, advertising, products or other
materials thereon. Info-products-online.com shall not be responsible or
liable, directly or indirectly, for any damage or loss incurred or
suffered by any user in connection therewith. Your access and use of
linked websites, including information, material, products and services
therein, is solely at your own risk.
The
Info-products-online.com Sites' Privacy Statement is applicable only
when you are on an Info-products-online.com Site. Once you choose to
link to another website, you should read that website's privacy
statement before disclosing any personal information.
Each user shall indemnify, defend and hold harmless
Info-products-online.com, and its parent corporation and affiliates and
their respective officers, employees and agents, and each of
Info-products-online.com's website partners, from any and all claims,
demands, damages, costs, and liabilities including reasonable attorneys'
fees, made by any third party due to or arising out of that user's acts
or omissions, including claims arising out of that user's use of the
Info-products-online.com Sites; his or her submission, posting or
transmission of Content or his or her violation of the Terms.
EACH USER'S USE
OF THE Info-products-online.com SITES IS AT HIS OR HER SOLE RISK. THE
Info-products-online.com SITES ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS AND Info-products-online.com ASSUMES NO RESPONSIBILITY
FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER
COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH USER WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. Info-products-online.com
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SPECIFICALLY, Info-products-online.com MAKES NO WARRANTY THAT (i) THE
Info-products-online.com SITES OR ANY SERVICE THEREON WILL MEET YOUR
REQUIREMENTS, (ii) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE
OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES,
INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER
EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
EXCLUDING ONLY DAMAGES ARISING OUT OF Info-products-online.com'S GROSS
NEGLIGENCE OR WILLFUL MISCONDUCT, Info-products-online.com SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
Info-products-online.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM ANY USER'S USE OR INABILITY TO USE ANY
Info-products-online.com SITES OR SERVICES THEREON; THE COST OF
PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY
ON THE Info-products-online.com SITES; OR ANY OTHER MATTER RELATING TO
THE Info-products-online.com SITES. IN NO EVENT SHALL Info-products-online.com'S
TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS
OF SERVICE OR OTHERWISE EXCEED $1,000.00. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME
OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING HEREIN SHALL BE
DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE,
EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND
BETWEEN Info-products-online.com AND ANY USER OR OTHER PERSON OR ENTITY
NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED
ABOVE, Info-products-online.com DOES NOT AND CANNOT CONTROL THE ACTIONS
OF Info-products-online.com SITE USERS, VISITORS OR LINKED THIRD
PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES TO
OUR ATTENTION TO THE APPROPRIATE AUTHORITIES. WE DO NOT GUARANTEE
CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO Info-products-online.com
SITES. OPERATION OF Info-products-online.com SITES MAY BE SUBJECT TO
INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER,
SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY
MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE
WEBSITE. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY,
WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE,
THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF
ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR,
NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY Info-products-online.com.
Info-products-online.com respects the intellectual
property rights of others, and requires that the people who use the
Info-products-online.com Sites do the same. It is our policy to respond
promptly to claims of intellectual property misuse.
If you believe
that your work has been copied and is accessible on this site in a way
that constitutes copyright infringement, you may notify us by providing
our copyright agent with the following information in writing:
(1) the
electronic or physical signature of the owner of the copyright or the
person authorized to act on the owner's behalf;
(2)
identification of the copyrighted work that you claim has been
infringed;
(3)
identification of the material that is claimed to be infringing and
information reasonably sufficient to permit Info-products-online.com to
locate the material, including the full URL.
(4) your name,
address, telephone number, and email 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 the law;
(6) a
statement, made under penalty of perjury, that the above information in
your notice is accurate and that you are the copyright owner or are
authorized to act on the copyright owner's behalf.
If
Info-products-online.com receives such a claim, Info-products-online.com
reserves the right to refuse or delete Content as described under
Section 5 hereto, or to terminate a user's account in accordance with
Section 9.
Our designated
agent to receive notification of claimed infringement under the Digital
Millennium Copyright Act OF 1998 ("DMCA") is Rick Houston, 400 Shearer
Blvd, Cocoa, FL 32922
After receiving
a claim of infringement, Info-products-online.com will process and
investigate notices of alleged infringement and will take appropriate
actions under the DMCA and other applicable intellectual property laws.
Upon receipt of notices complying or substantially complying with the
DMCA, Info-products-online.com will act expeditiously to remove or
disable access to any material claimed to be infringing or claimed to be
the subject of infringing activity, and will act expeditiously to remove
or disable access to any reference or link to material or activity that
is claimed to be infringing. Info-products-online.com will take
reasonable steps to expeditiously notify the subscriber that it has
removed or disabled access to such material.
Upon receipt of
a proper counter notification under the DMCA, Info-products-online.com
will promptly provide the person who provided the initial notification
of claimed infringement with a copy of the counter notification and
inform that person that it will replace the removed material or cease
disabling access to it in ten (10) to fourteen (14) business days.
Additionally, Info-products-online.com will replace the removed material
and cease disabling access to it ten (10) to fourteen (14) business days
following receipt of the counter notice, unless
Info-products-online.com's designated agent first receives notice from
the person who submitted the initial notification that such person has
filed an action seeking a court order to restrain the subscriber from
engaging in infringing activity relating to the material on the
Info-products-online.com system or network.
You may provide
us with a counter notification by providing our copyright agent the
following information in writing:
(1) your
physical or electronic signature;
(2)
identification 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, including the full
URL;
(3) a statement
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;
(4) your name,
address, and telephone number, and a statement that you consent to the
jurisdiction of Federal District Court for the judicial district in
which your address is located, or if your address is outside of the
United States, for any judicial district in which Info-products-online.com
may be found and that you will accept service of process from the person
who provided the initial notification of infringement.
Please report any violations of the Terms (except for
claims of intellectual property infringement) to the
Info-products-online.com Site Director at
info@ubersexuals.infoo |