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TERMS AND CONDITIONS
Aelite Design, Inc.("Company") provides its web pages as an
entertainment service ("The Service") for its members to meet
and converse online, e-mail, and dialog with other members of its web
pages.
SERVICE AGREEMENT. This Agreement constitutes your agreement with Aelite Design, Inc. ("Company") with respect to your use of the Service. You
must agree to abide by all of the Terms contained in this Agreement in
order to become or remain an authorized user of the Service. As used in
this Agreement, "we" and "us" means Aelite Design, Inc. and its affiliates, parent, subsidiaries, employees, shareholders,
officers, directors, successors and assigns. Your right to use the Service
is subject to any limitations, conditions and restrictions established
by us from time to time, including the availability of any Service feature,
database or content. We may also impose limits on certain features and
aspects of the Service or restrict your access to parts or all of the
Service without notice or liability. You represent, warrant and covenant
that you are at least 18 years old.
PAYMENT OF CHARGES. Your registration is free and you will have some
access to the Service, however, some charges will be imposed to gain full
access to the Service. Only after you explicitly agree to become a paid
member, will such charges be imposed. If you do not agree to become a
paid member at that time, your accesses to service features will automatically
be limited to only those that have been declared as free.
CODE OF CONDUCT. You agree to use the Service in accordance with the following
Code of Conduct (violation of any of the following will result in loss
of membership and any money paid for said membership fees):
(a) You will not use the Service to engage in any form of harassment or
offensive behavior, including but not limited to the posting of communications
that contain libelous, slanderous, abusive or defamatory statements, or
racist, obscene or offensive language. Aelite Design, Inc.does not allow
sexually suggestive or pornographic material in any category;
(b) You will not use the Service to infringe the privacy rights, property
rights, or other civil rights of any person;
(c) You will not include in your profile any telephone numbers, street
addresses, last names, URL's, E-mail addresses;
(d) And you will not post any photos containing personal information.
Aelite Design, Inc. reserves the right, but has no obligation to reject
any photo or profile that does not conform to these conditions.
(e) You will not post messages or use the Service in any way which (i)
violates, plagiarizes or infringes upon the rights of any third party,
including but not limited to any copyright or trademark law, privacy or
other personal or proprietary rights, or (ii) Is fraudulent or otherwise
unlawful or violates any law; and
(f) You will not use the Service to distribute, promote or otherwise publish
any material containing any solicitation for funds, advertising or solicitation
for goods or services.
PRIVACY AND USE OF INFORMATION. You acknowledge that we cannot ensure
the security or privacy of information you provide through the Internet
and your email messages, and you release us from any and all liability
in connection with the use of such information by other parties.
We are not responsible for, and cannot control, the use by others of any
information which you provide to them and you should use caution in selecting
the personal information you provide to others through the Service; and
we cannot assume any responsibility for the content of messages sent by
other users of the Service, and you release us from any and all liability
in connection with the contents of any communications you may receive
from other users. We cannot guarantee, and assume no responsibility for
verifying, the accuracy of the information provided by other users of
the Service.
MONITORING OF INFORMATION. We reserve the right to monitor all advertisements
and public postings to ensure that they conform to the content guidelines
which may be applicable from time to time.
REMOVAL OF INFORMATION. While we do not and cannot review every message
or other material posted by users of the Service, and are not responsible
for any content of these messages or materials, we reserve the right,
but are not obligated, to delete, move, or edit messages or materials,
including without limitation advertisements and public postings, that
we, in our sole discretion, deem to violate the Code of Conduct set out
above or any applicable content guidelines, or to be otherwise unacceptable.
WE DO NOT HOLD OURSELVES OUT AS "CENSORS" OR "MONITORS",
AND WE MAY, BUT ARE NOT OBLIGATED TO, MONITOR ANY COMMUNICATION POSTED
BY USERS AND THE SERVICE. WE DISCLAIM ALL RESPONSIBILITY FOR ANY MATERIAL
DISCUSSED OR POSTED BY USERS OF THE SERVICE. YOU SHALL REMAIN SOLELY RESPONSIBLE
FOR THE CONTENT OF THE MESSAGES AND OTHER MATERIALS YOU MAY UPLOAD TO
THE SERVICE OR USERS OF THE SERVICE INCLUDING CHAT ROOMS.
TERMINATION OF ACCESS TO SERVICE. We may, in our sole discretion, terminate
or suspend your access to all or part of the Service at any time, with
or without notice, for any reason, including, without limitation, breach
of this Agreement. Without limiting the generality of the foregoing, any
fraudulent, abusive, or otherwise illegal activity may be grounds for
termination of your access to all or part of the Service at our sole discretion,
and you may be referred to appropriate law enforcement agencies.
PROPRIETARY INFORMATION. The Service contains information which is proprietary
to us and to our users. Information posted by us or other users of the
Service may be protected whether or not it is identified as proprietary
to us or to them. You agree not to modify, copy or distribute any such
information in any manner whatsoever without having first received the
express permission of the owner of such information.
NO RESPONSIBILITY. We are not responsible for any incidental, consequential,
special, punitive, exemplary, direct or indirect damages of any kind whatsoever,
which may arise out of or relate to your use of the Service, including
but not limited to lost revenues, profits, business or data, or damages
resulting from any viruses, worms, Trojan horses or other destructive
software or materials, or communications by you or other users of the
Service, or any eruption or suspension of the Service, regardless of the
cause of the interruption or suspension. Any claim against us shall be
limited to the amount you paid, if any, for use of the Service. In addition
you agree to hold us harmless in conjunction with the use of this service.
We do not prescreen any of our users and assume no liability for anyone
you meet through this service. You also agree to use extreme caution when
meeting a person from this service. Aelite Design, Inc. cannot be held
liable for any assault, either verbal or physical, rape, malice, or any
other act performed by a person you have met through this service. By
agreeing to the terms and conditions of this agreement you assume all
risk and liability related in any way to your use of the service.
SECURITY. Your account is private and should not be used by anyone else.
You are responsible for all usage or activity on the Service by users
using your password, including but not limited to use of your password
by any third party, regardless of whether such use is authorized by you.
OTHER LINKS. The Service may from time to time contain links to other
World Wide Web Internet sites and resources (External Links). We are not
responsible for, and have no liability as a result of, the availability
of External Links or their contents. You should address any concerns regarding
any External Link to our site administrator or Webmaster.
INDEMNITY. You agree to indemnify us from any loss or damages, including
without limitation reasonable legal fees, which we may suffer from your
activities on or use of the Service, including without limitation any
breach by you of these Terms or any charges or complaints made by other
parties against you. You shall cooperate as fully as reasonably required
in the defense of any claim. We reserve the right to assume the exclusive
defense and control of any matter otherwise subject to indemnification
by you; provided, however, that you shall remain liable for any such claim.
NO WARRANTIES. The Service is distributed on an "AS IS" basis.
We do not warrant that this Service will be uninterrupted or error-free.
There may be delays, omissions, and interruptions in the availability
of the Service. Where permitted by law, you acknowledge that the Service
is provided without any warranties of any kind whatsoever, either express
or implied, including but not limited to the implied warranties of merchantability
and fitness for a particular purpose. You acknowledge that use of the
Service is at your own risk. We do not represent or endorse the accuracy
or reliability of any advice, opinion, statement or other information
displayed, uploaded or distributed through the Service by any user of
the Service or any other person or entity. You acknowledge that any reliance
upon any such opinion, advice, statement or information shall be at your
sole risk.
LIMITATION OF LIABILITY. In no event will Aelite Design, Inc., its agents,
representatives, officers, directors, and employees be liable: (1) To
you for any incidental, consequential or indirect damages (including but
not limited to damages for loss of data, loss of programs, cost of procurement
of substitute services or service interruptions) arising out of the use
of or inability to use its service, even if Aelite Design, Inc., or its
agents or representatives know or have been advised of the possibility
of such damages; or (2) To any person other than you. Notwithstanding
anything herein to the contrary, Aelite Design, Inc.'s liability to you
for any cause whatsoever, and regardless of the form of the action, will
at all times be limited to the amount paid by you to Aelite Design, Inc.,
if any, for the service during the term of your membership.
In addition, Aelite Design, Inc. disclaims all liability, regardless of
the form of action, for the acts or omissions of their Members or users
(including unauthorized users or "hackers") of the Aelite Design,
Inc. service.
MODIFICATIONS. We may modify these Terms from time to time with or without
providing notice to you. The current terms will be posted on the Service.
If you do not agree to any modifications, you should terminate your use
of the Service. Your continued use of the Service now, or following the
posting of notice of any changes in these Terms, will constitute a binding
acceptance by you of such Terms, or any subsequent modifications.
DISCLOSURE AND OTHER COMMUNICATIONS. We reserve the right to send electronic
mail to you, for the purpose of informing you of changes or additions
to the Service, or of any Aelite Design Inc. related products and services.
We also reserve the right to send electronic mail to you in an effort
to solicit your patronage of our Service as a paying member. We reserve
the right to disclose information about your usage of the Service and
demographics in forms that do not reveal your personal identity.
TERMS AND CONDITIONS FOR SUBMISSION
OF PHOTOGRAPHS TO Aelite Design, Inc.
This Agreement constitutes your agreement with Aelite Design, Inc. (the
"Company") regarding your submission and the Company's use of
photographs or other visual images provided by you to the Company. By
accepting these Terms and Conditions, you hereby acknowledge and agree
as follows:
1. You represent that you are the owner of all rights and interests in
the photographs and text submitted by you to Company and that the photographs,
text or other visual images (collectively hereinafter the "Submissions")
do not infringe upon the rights of any third party (including any intellectual
property rights) and that you have read, fully informed yourself of and
fully understand all the terms and contents of these Terms and Conditions,
including the general release contained herein and that no promise or
representation of any kind has been made to you by Aelite Design, Inc.,
except as is expressly stated herein.
2. You represent that you did not use any unauthorized or unlicenced software
to create or download the Submissions.
3. You hereby irrevocably grant to the Company and its assigns, licensees,
affiliates, subsidiaries and their respective officers, directors, employees,
representatives (collectively, herein the "Licensed Parties"),
the right and royalty-free world-wide license to use, modify, reformat,
publish, reproduce and transmit your submissions through any medium or
means now known or hereafter developed (including any sub-domains or successor
domains of the Company).
4. You understand that nothing herein creates any obligations on the part
of the Licensed Parties to use the Submissions or any part thereof for
any reason and that the Submissions shall be deemed, and shall remain,
the property of the Company. The Company will not return any submissions.
5. You agree to defend, indemnify and hold harmless the Licensed Parties,
from and against any and all claims, costs, losses, damages, judgments
and expenses (including reasonable attorneys' fees) arising out of or
in connection with any third-party claim alleging any breach of your representations,
warranties, obligations or covenants set forth in these Terms and Conditions.
The Licensed Parties reserve the right, at your expense, to assume the
exclusive defense and control of any matter otherwise subject to indemnification
by you.
6. You hereby release the Licensed Parties and any person, firm, corporation
or association deriving any rights or license from the Licensed Parties
from any and all claims or liability for damage, for libel, slander, invasion
of the rights of privacy, or any other claim arising out of any state
law, federal law, common law, or law of any other country with respect
to the submissions.
7. The Terms and Conditions set forth herein shall be construed in accordance
with the laws of the State of Illinois without regard to conflicts of
law principles.
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