Terms
of Use for HAILIES-WORLD.COM
WHEREAS, HAILIES-WORLD.COM
is a service provider engaged in business. HAILIES-WORLD.COM is a company that
provides a web site that provides the general public with content of entertainment
and social value.
WHEREAS, User
seeks to utilize, HAILIES-WORLD.COM’s service for its own purposes;
WHEREAS, HAILIES-WORLD.COM
represents that it shall make every good faith effort to ensure that its service
is of acceptable quality.
NOW THEREFORE,
in consideration of the mutual promises contained herein, the parties agree
as follows;
I. Legal:
II. User
Information:
- The user certifies
that he or she is at least 18 years of age. The user certifies that he or
she has NOT provided false information. Any false information provided in
association with credit card purchases or subscriptions may be considered
fraud and is fully prosecutable under Federal laws.
III. Trademarks
& Copyrights:
- User acknowledges
that HAILIES-WORLD.COM holds the copyright indefinitely to any materials on
HAILIES-WORLD.COM.
- User agrees
that all photographs, video, audio found on HAILIES-WORLD.COM may not redistributed,
altered or reproduced in ANY form without the express written permission of
HAILIES-WORLD.COM.
IV. Termination:
- Either party,
without cause, may terminate agreement by cancelling rebilling of the user's
subscription. This action can be taken at CCBill
Customer Service. The user's login will remain active through the paid
term of membership. NO PRO-RATED REFUNDS WILL BE ISSUED!
- Notwithstanding
the above, HAILIES-WORLD.COM may terminate service under this Agreement at
any time and immediately disable the user's login, without penalty, if the
user fails to comply with the terms of this agreement.
- Upon termination
of this agreement the user agrees that all materials and information submitted
to HAILIES-WORLD.COM by the user indefinitely remain the sole properties of
HAILIES-WORLD.COM.
V. Limited
Liability:
- Under no circumstances,
including negligence, shall HAILIES-WORLD.COM, its offices, or employees be
liable for any direct, indirect, incidental, special or consequential damages
that result from the use of or inability to use HAILIES-WORLD.COM services;
or that results from mistakes, omissions, interruptions, deletion of files,
errors, defects, delays in operation, or transmission or any failure of performance,
whether or not limited to acts of God or other Supreme Being, communication
failure, theft, destruction or unauthorized access to HAILIES-WORLD.COM’s
records, programs or services. User hereby acknowledges that this paragraph
shall apply to all services performed by HAILIES-WORLD.COM.
- Under no circumstances,
including negligence, shall HAILIES-WORLD.COM be held responsible for slander,
pain and suffering, emotional stress, mental stress, physical stress or injury
resulting from the existence of this web site. User hereby accepts sole responsibility
for their actions in regards to themselves AND other individuals.
- Under no circumstances,
including negligence, shall the user bring legal charges against HAILIES-WORLD.COM,
its offices, employees, or associates. Use of this web site, by the user,
is done so entirely at the user's own risk.
- Notwithstanding
the above, User’s exclusive remedies for all damages, losses and causes
of actions whether in contract, including negligence or otherwise, shall not
exceed the aggregate dollar amount which the user paid during the term of
this agreement.
VI. Lawful
Purpose:
- User may only
use HAILIES-WORLD.COM’s services for lawful purpose. Use of any material
in violation of any Federal, State or Local regulation is prohibited. This
includes, but is not limited to copyrighted material, material legally judged
to be threatening or obscene, or material protected by trade secrets. HAILIES-WORLD.COM
expressly forbids anyone from using HAILIES-WORLD.COM’s services for
the propagation, distribution, housing, processing, storing, or otherwise
handling in any way materials that refer to illegal activities. The designation
of any materials as such described above is left entirely to the discretion
of the HAILIES-WORLD.COM management.
VII. Indemnification:
- User agrees
that it shall defend, indemnify, save and hold HAILIES-WORLD.COM and HAILIES-WORLD.COM
harmless from any and all demands, liabilities, losses, costs and claims,
including reasonable attorneys’ fees, (“Liabilities”) asserted
against HAILIES-WORLD.COM, its agents, its customers, servants officers and
employees, that may arise or result from any service provided or performed
or agreed to be performed or any product sold by User, its agents, employees
or assigns. User agrees to defend, indemnify and hold harmless HAILIES-WORLD.COM
against Liabilities arising out of (i) any injury to person or property caused
by any products sold or otherwise distributed in connection with HAILIES-WORLD.COM;
(ii) any material supplied by User infringing or allegedly infringing on the
proprietary rights or individual rights of a third party; (iii) copyright
infringement and (iv) any defective product which User sold.
VIII.
Changes to User Agreement:
- User acknowledges
and agrees that these Terms Of Use may change from time to time and that HAILIES-WORLD.COM
may, without prior notice, modify or amend the terms of these Terms Of Use.
IX. Prior
Contracts:
- The user acknowledges
and agrees that these Terms Of Use supercedes any prior contracts that may
have existed – between HAILIES-WORLD.COM and the user – in relation
to the HAILIES-WORLD.COM web site.
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This Agreement shall be governed in all respects by and construed in accordance
with the laws of the Commonwealth of Virginia, and the United States of America.
Copyright
© 2001-2009 HAILIES-WORLD.com - All Rights Reserved. |
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