Affiliate Lifestyle's Affilomatic Terms of Service
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IMPORTANT - READ CAREFULLY BEFORE PROCEEDING
IF SUBSCRIBER HAS NOT REACHED LEGAL AGE OF MAJORITY, OR IS OTHERWISE NOT PERMITTED BY LAW TO BE A PARTY TO THIS AGREEMENT, SUBSCRIBER ACKNOWLEDGES THAT Affiliate Lifestyle's Affilomatic IS PROVIDING THE SERVICE WITH THE IMPLICIT UNDERSTANDING THAT SUBSCRIBER'S LEGAL GUARDIAN IS NOT OPPOSED TO SUBSCRIBER'S USE OF THE SERVICE. Affiliate Lifestyle's Affilomatic RESERVES THE RIGHT TO DISCONTINUE SERVICES IN THE EVENT SUBSCRIBER DOES NOT OTHERWISE COMPLY WITH THE TERMS AND CONDITIONS CONTAINED HEREIN. IN RESPONSE TO THE CHILDREN'S ONLINE PRIVACY PROTECTION ACT ("COPPA") WE REQUIRE THAT SUBSCRIBER BE AT LEAST 13 YEARS OLD TO USE Affiliate Lifestyle's Affilomatic SERVICES.
1. GRANT OF RIGHTS TO USE SERVICES.
Effective upon acceptance of this Agreement, Affiliate Lifestyle's Affilomatic hereby grants to Subscriber a personal, nonexclusive, nontransferable,
revocable license to access and use the Services (as defined below), for Subscriber's non-commercial use.
Subscriber shall have no right to sell, resell, reproduce, duplicate, copy, distribute, create derivative works or exploit for commercial purposes, any portion of the Services, access to the Services, or use of the Services nor make any claim that it does have such right. The services provided by Affiliate Lifestyle's Affilomatic hereunder may allow Subscriber to perform various online messaging and communications functions (collectively, the "Services"). Unless explicitly stated otherwise, any new features provided by Affiliate Lifestyle's Affilomatic that augment or enhance the current Services shall also constitute "Services" and shall be subject to these terms and conditions.Subscriber is solely responsible for obtaining all equipment and approvals necessary for connection to the World Wide Web and all charges associated with such connection, including but not limited to obtaining a PC and modem or other access device, having access to the World Wide Web and phone service charges.
2. Affiliate Lifestyle's Affilomatic PROPRIETARY RIGHTS.
As between the parties, Affiliate Lifestyle's Affilomatic shall retain all right, title and interest to the Services
including all copyrights, trademarks, patents and all other intellectual property rights thereto, including
without limitation with respect to all technology.
Subscriber may not, nor allow any third party to, copy, distribute, sell, disclose, lend, transfer, convey, modify, decompile, disassemble or reverse engineer the Services for any purpose whatsoever. Subscriber may not allow any third party to access the Services for any purpose whatsoever. The copyright notices and other proprietary legends shall not be removed from the Services and no right to use any trademark is granted under this Agreement.Subscriber may not grant any sublicense, lease or other right in the Services to any third party. All rights not expressly granted under this Agreement are retained by Affiliate Lifestyle's Affilomatic.
3. SUBSCRIBER REGISTRATION.
Subscriber agrees to provide true, accurate, current and complete data to Affiliate Lifestyle's Affilomatic upon signing up for
the Services and at subsequent times as requested by Affiliate Lifestyle's Affilomatic.
If Subscriber provides data that is, or that Affiliate Lifestyle's Affilomatic suspects to be, false, inaccurate, not current or incomplete, Affiliate Lifestyle's Affilomatic has the right to suspend or terminate Services and refuse any and all current or future use of all Services, or any portion thereof. Subscriber acknowledges that Affiliate Lifestyle's Affilomatic may distribute the registration data to third parties, provided, however, Subscriber's name, address (home and email) and telephone number will not be distributed, unless required by law, or in the event Subscriber grants Affiliate Lifestyle's Affilomatic the right to provide that information.
4. TERMINATION AND REFUND.
SUBSCRIBER RIGHTS TO CHANGE OR END THIS AGREEMENT
Subscriber may terminate its rights to receive Services hereunder by providing written notice to Affiliate Lifestyle's Affilomatic. Upon any termination of Subscriber's right to receive Services hereunder, Subscriber shall immediately cease to use the Services and Affiliate Lifestyle's Affilomatic shall have no further obligations whatsoever to Subscriber. Any change in Service requested by Subscriber shall be at Affiliate Lifestyle's Affilomatic discretion and shall be subject to the provisions of this Agreement.Affiliate Lifestyle's Affilomatic RIGHTS TO RESTRICT OR END SERVICE OR THIS AGREEMENT To maintain or improve the Services, to prevent fraud, or for any other reason determined by Affiliate Lifestyle's Affilomatic, Affiliate Lifestyle's Affilomatic at its sole discretion, may restrict, suspend, terminate or modify Subscriber's service with or without notice. Without limiting the generality of the foregoing, Affiliate Lifestyle's Affilomatic may restrict, suspend or terminate Subscriber's Services with or without notice.
5. WARRANTY DISCLAIMER.
THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND Affiliate Lifestyle's Affilomatic MAKES NO
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTY WHETHER SAID WARRANTY ARISES UNDER PROVISIONS
OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF.
Affiliate Lifestyle's Affilomatic MAKES NO WARRANTY THAT THE SERVICES WILL MEET SUBSCRIBER'S REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. Affiliate Lifestyle's Affilomatic IS NOT RESPONSIBLE FOR MESSAGES OR INFORMATION LOST OR MISDIRECTED DUE TO INTERRUPTIONS OR FLUCTUATIONS IN THE SERVICES OR THE INTERNET IN GENERAL. Affiliate Lifestyle's Affilomatic DOES NOT MAKE ANY WARRANTY PERTAINING TO ANY GOODS OR SERVICES PURCHASED, OBTAINED, SECURED OR ACQUIRED THROUGH THE SERVICES OR ANY TRANSACTION ENTERED INTO THROUGH THE SERVICE.Affiliate Lifestyle's Affilomatic DOES NOT WARRANT THE ACCURACY OR RELIABILITY OF THE RESULTS OBTAINED THROUGH USE OF THE SERVICES OR ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES. SUBSCRIBER ACKNOWLEDGES THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES ARE AT SUBSCRIBER'S SOLE RISK AND DISCRETION AND Affiliate Lifestyle's Affilomatic WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO SUBSCRIBER OR SUBSCRIBER'S PROPERTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY SUBSCRIBER FROM Affiliate Lifestyle's Affilomatic, ITS EMPLOYEES, OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO SUBSCRIBER.
6. INDEMNIFICATION.
Subscriber shall indemnify and hold harmless Affiliate Lifestyle's Affilomatic, its directors, officers, employees
and agents from and against all liabilities, losses, costs, expenses (including reasonable attorneys' fees),
and damages resulting from any negligent acts, omissions or willful misconduct by Subscriber, Subscriber's
use of the Services and/or any breach of the terms and conditions of this Agreement by Subscriber.
7. INTERNATIONAL USE.
Affiliate Lifestyle's Affilomatic makes no representation that materials on its web site(s) are appropriate or
available for use in locations outside the United States, and accessing them from territories where
their contents are illegal is prohibited. Subscriber agrees to comply with all applicable foreign and
domestic laws, rules and regulations regarding the transmission of technical data exported from or imported
to the United States or the country in which Subscriber resides.
8. MODIFICATION TO SERVICES.
During the term of this Agreement, Affiliate Lifestyle's Affilomatic may modify or discontinue the Services at any time
and with or without notice to Subscriber.
Without limiting the generality of the foregoing, Affiliate Lifestyle's Affilomatic may, from time to time, with or without notice and at its sole discretion, establish or change various practices, limitations and restrictions for administering such Services, including without limitation: (a) how often all or a part of the Services or account may be accessed; (b) the duration of any access; (c) the maximum number of days that messages or postings will be retained; (d) the maximum number of messages or postings allowed; (e) the size and nature messages and postings; (f) the maximum storage space available for an account; and (g) any other matter related to the administration of the Services;. Subscriber agrees that Affiliate Lifestyle's Affilomatic shall not be responsible or liable in any way for deactivation or deletion of accounts or for loss of emails, audio clips, voice mails, uploads, communications, postings, data or information as a result of, or arising out of, administration of the Services, whether or not Subscriber is given prior notice thereof.Affiliate Lifestyle's Affilomatic may delete accounts that are inactive for an extended period of time. Affiliate Lifestyle's Affilomatic shall not be liable to the Subscriber or any third party for any reason for Affiliate Lifestyle's Affilomatic modifying or terminating the Services, in whole or in part.Subscriber is responsible for creating a back-up copy of any important or critical information that is stored on the Services. Affiliate Lifestyle's Affilomatic shall not be responsible or liable in any way for any information or data loss in connection with the Services.
9. MODIFICATION TO AGREEMENT.
Affiliate Lifestyle's Affilomatic reserves the right to change the terms and conditions of this Agreement, by posting a
revised version of the Agreement at Terms of Service or its successor site.
Use of the Services signifies Subscriber's agreement to all terms, conditions and notices contained or referenced herein. Continued use of any part of the Services following the posting of any changes to this Agreement constitutes acceptance of those changes, and all changes shall thereupon become binding upon the Subscriber. If Subscriber does not agree to the changes, Subscriber shall immediately cease all use of the Services.
10. RULES AND REGULATIONS.
Subscriber shall not use the Services to create or distribute any images, sounds, messages or other materials, which are obscene, harassing, racist, malicious, fraudulent infringing or libelous, nor use the Services for any activity that may be considered or are unethical, immoral, violative of any third party's rights, or illegal. Further, Subscriber will abide by all rules, regulations, procedures and policies of Affiliate Lifestyle's Affilomatic and any policies of the networks connected to the Services.Subscriber agrees to abide by all applicable local, state, national, foreign and international laws and regulations and is solely responsible for all acts or omissions that occur under Subscriber's account or password, including the content of Subscriber's transmissions through the Service. By way of example, and not as a limitation, Subscriber agrees not to: Use the Service in connection with chain letters, junk email, voice mail, faxes, spamming or any duplicative or unsolicited messages; Harvest or otherwise collect information about others, including email addresses, without their consent;Create a false identity or forged email address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; Transmit through the Service unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;Transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity; Transmit any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;Violate any U.S. or foreign law regarding the transmission of technical data or software exported through the Service; Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks;Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; Interfere with another member's use and enjoyment of the Service or another entity's use and enjoyment of similar services.
Affiliate Lifestyle's Affilomatic is under no obligation to monitor the information or content available or transmitted
through the Services. Subscriber agrees that Affiliate Lifestyle's Affilomatic shall have the right, but not the
obligation, at its sole discretion, to refuse or remove any content, in whole or in part, that violates
this Agreement or is otherwise objectionable. Subscriber acknowledges and agrees that Affiliate Lifestyle's Affilomatic
may preserve content and may also disclose content if required to do so by law or in the good faith belief
that such preservation or disclosure is reasonably necessary to:
11. THIRD PARTY ADVERTISER.
Subscribers may enter into transactions with advertisers on the Services.
Such transactions shall be between Subscriber and advertisers and Affiliate Lifestyle's Affilomatic shall have no responsibility or liability in connection with any such transaction or the information, goods or services provided by any such advertiser.
12. GENERAL.
This Agreement, including any documents incorporated herein by reference, merges all prior written and oral
communications and defines the entire agreement of the parties concerning the Services.
In the event any portion of this Agreement shall be held illegal, void, or ineffective, the remaining portions hereof shall remain in full force and effect and such illegal, void or ineffective provisions shall be construed, as nearly as possible, to reflect the intentions of the parties. All notices under this Agreement shall be in writing and delivered by email or in writing.This Agreement shall be construed in accordance with the laws of the State of Colorado without regard to its conflict of law provisions. Each party submit to the exclusive jurisdiction of the state and federal courts located in Colorado, and irrevocably waive any right that such party may have to assert the such forum is not convenient or that any such court lacks jurisdiction. Subscriber agrees and acknowledges that any breach of the provisions regarding ownership contained in this Agreement shall cause Affiliate Lifestyle's Affilomatic irreparable harm and Affiliate Lifestyle's Affilomatic may obtain injunctive relief as well as seek all other remedies available to Affiliate Lifestyle's Affilomatic in law and in equity.Subscriber shall not transfer or assign this Agreement or Subscriber's rights under this Agreement. Any purported transfer or assignment in violation of this section is void. Subject to the foregoing, this Agreement shall be binding on and inure to the benefit of the parties, their successors, permitted assigns and legal representatives. The failure of Affiliate Lifestyle's Affilomatic to exercise its rights under this Agreement will not be construed as a waiver of such rights, nor will it in any way affect the validity of this Agreement. The provisions of this Agreement relating to intellectual property ownership, restrictions on use or disclosure of the Services, disclaimers of warranties, limitations of liability and indemnification shall survive termination or expiration of this Agreement for any reason.The U.N. Convention for the Sale of Goods shall not be applicable to this license of the Services to Subscriber. The section titles in this Agreement are for convenience only and have no legal or contractual effect.IF YOU WOULD LIKE ANOTHER OPPORTUNITY TO REVIEW THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE SCROLL TO THE TOP OF THIS WEB PAGE. IF YOU DO NOT ACCEPT - PROMPTLY EXIT FROM THIS WEB PAGE |
