Updated: 06/04/2010
TERMS
AND CONDITIONS OF USE AGREEMENT:
IT IS VERY IMPORTANT THAT YOU COMPLETELY READ THIS AGREEMENT BECAUSE BY YOUR DOWNLOADING, VIEWING CONTENT or CREATE A PROFILE FROM THE TENPER.COM SITE OR USING ANY OTHER SERVICES (CURRENT SERVICES: PROFILE CHAT, PROFILE CREATION, PROFILE VIEWING, MANAGE PHOTOS, MANAGE PROFILE CONTENT, PROFILE VIEWING. BLOCK PROFILE, GPS TRACK PROFILE LOCATION. BUT NOT LIMITED TO THIS LIST. FUTURE ADDED SERVICES ARE EXPRESLY INCLUDED HERE. PROVIDED BY THE OWNERS OR OPERATORS OF THE WEBSITE TENPER.COM, YOU WILL BE EXPRESSLY SIGNIFYING THAT YOU AGREE TO ALL THE FOLLOWING TERMS, CONDITIONS AND OTHER PROVISIONS, SET FORTH IN THIS AGREEMENT.
INTRODUCTION
Parties To This Agreement And Consideration The parties to this Agreement ("Agreement") are you and AB SOFTWARE LLC., the operator of Tenper.com (the "Company"). As used in this Agreement, the terms "we" and "us" are used interchangeably to refer to the Company (sometimes referred to as tenper.com). The terms “you” and “yours” are used interchangeably to refer to you the website visitor and/or profile creator. The term ‘Website”, ‘Site” or “Sites” are used interchangeably to refer to the Tenper.com website in its entirety. By further accessing the Website or materials available at or in association with the Website, and for other good and valuable consideration, the sufficiency of which is acknowledged by You and the Company, You here by agree to be legally bound by all the terms and conditions set forth in this Agreement.
If you do not agree to the terms and conditions, set forth, you agree to not view any part of the website or create a profile on this "adults only" Website. You should not continue to access the servers hosting tenper.com or view download or otherwise use any "adults-only" Content or services available in, at or through the Website.
Grant Of Limited License. You acknowledge and agree that all the materials available at or through the Website are proprietary and constitute valuable copyright, trademark and other intellectual property owned by or licensed to the Company. In consideration of Your representations, warranties and acknowledgments in this Agreement, and conditioned upon the truth of Your affirmation that You are an adult, over the age of 18 the Company hereby grants You a single user license to access its computer servers to use the Website for Your private and non-commercial entertainment and educational use and enjoyment only.
ELIGIBILITY
Membership in tenper.com is for adults eighteen or old years of age and void where prohibited. By using the Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement, and furthermore certify that:
Consequences Of Fraudulent Age Or Location Representation. You hereby acknowledge that You understand, and that You hereby agree, that any access to any part of the Website or Content made available by the Company or Affiliated Content Providers, by a minor or by any person constitutes the unauthorized accessing of the Company"s computers and databases in excess of the authorization expressly granted by the Company in this Agreement, and that such unauthorized access violates state, federal and foreign laws, including, without limitation, The Electronic Communications Privacy Act, 18 U.S.C. § 2701-2710, The Computer Fraud and Abuse Act, 18 U.S.C. 1030 and The California Comprehensive Computer Data Access and Fraud Act, Cal. Penal Code "502 and constitutes trespass to chattels, and intentional copyright infringement(s) of the company"s copyrights in the Website and in Content owned by the Company, and/or other parties, that is displayed in, at or through the Website all of which are protected under the laws of the United States and other countries. You further acknowledge that You understand that any such unauthorized access of the Website and/or Company Content or Affiliated Content Providers" Content on the Company"s computers could subject You to potential criminal prosecution and substantial civil liability. For example, intentional infringement of the Company"s copyright in a single work could subject You to statutory damages of up to $150,000 per work infringed.
You shall not permit any unauthorized person(s) to access the Site through Your actions or omissions
NOTICE: THE COMPANY DOES NOT CONDUCT CRIMINAL, FELONY, PHYSICAL HEALTH, MENTAL HEALTH, AGE VERIFICATION OR SEXUAL OFFENSE BACKGROUND CHECKS ON ANY SITE PARTICIPANTS.
WARNING: You understand by using Tenper.com you may be providing personal information to known and/or unknown person(s) or groups. Your profile content may contain personal data and location information. Therefore you understand the full risk to you by your actions when using a social networking site. There are news’s reports of persons or groups using social networking websites to:
∑ Steal and/or scam from you property, cash or any item(s) of value.
∑ Inflict upon you mental or great physical harm and/or death.
∑ Extort from you, friends, family members.
∑ Collect information to use for Identity theft or other fraud against you.
∑ Blackmail you, which may affect your employment, business and/or personal relationships.
This is not in any way a complete list and other dangerous actions could be inflicted upon you.
In Your judgment, the average adult in your community accepts the consumption of such materials by willing adults in circumstances such as this, which offer reasonable insulation from the materials for minors and unwilling adults, and will not find such materials to appeal to a prurient interest or to be patently offensive. You further represent and warrant that you are familiar with the standards in your community regarding the acceptance of such sexually oriented materials, and the materials you expect to encounter are within those standards.
You choose to access the Site voluntarily, because you want to view, read or hear the various adult materials, which may be available, for your own personal enjoyment, information, entertainment or education.
You have not notified any governmental agency, including the U.S. postal service, that you do not wish to receive sexually oriented material.
You shall not permit any minors to access the Site through Your actions or omissions.
You shall not
pass-on or forward any content or information from the Site through Your
actions or omissions.
You shall not pass-on or forward any content or information from the Site
through Your actions or omissions to minors or person(s) that will find the content
questionable.
Affirmation That You Are An Adult YOU HEREBY AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF 18 YEARS OR OLDER.
The Company has not verify age of any person(s) profiles on the site (current or past profiles). You must perform your own age verification check before communicating with or meet in person anyone from this Site.
You acknowledge that you understand that there are commercially available parental control protections (such as computer hardware, software, or filtering services) may assist you in limiting access to material that is harmful to minors. The Company has coded Site pages with RTA meta tags: “Restricted To Adults” more information available at www.rtalabel.org
Organizations, companies or other businesses may not participate, without Company’s expressed written consent on the Website for any purpose. Your Participation on the Website is void where prohibited; you represent and warrant that your access of the Website does not violate any law of your city, town, state, province or nation. By Participating on the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of its terms and conditions and affirm under penalty of perjury that you are not acting as an agent or attorney for any other person, including any government or governmental agency or branch. The Company may terminate your Profile (defined below) without notice upon any violation of these Eligibility requirements and/or the Rules Regarding Content Posted, below.
The Company reserves the right to refuse service to anyone for any reason or no reason in its sole discretion. Company is not obligate to provide reason of termination of services.
TERM
You are responsible for maintaining the confidentiality of your Member name and password. You are responsible for all uses of its account, whether or not authorized by you. You agree to immediately notify tenper.com of any unauthorized use of its account. You agree to pay all charges that accrue to your account through your use or the use of those authorized by you.
We will not be held responsible for failure of any email communication to you either due to incorrectly spelled email addresses, non-working email address or spam filters that prohibit our emails from reaching you. Check your spam or deleted folders to ensure that these important emails are not blocked due to firewalls or spam filters on your computer.
Acknowledgement Of Sexual Content You hereby acknowledge that the Content made available at, in, through and in association with Website by the Company and/or other parties that may provide Content available at, in, through or in association with the Website ("Affiliated Content Providers") and other materials available at, in, through or in association with the Website, include explicit visual, audio, and/or textual depictions of nudity and sexual activities, that You are not offended by such materials, and that by agreeing to these terms and conditions You are warranting to the Company and to the Affiliated Content Providers that You are intentionally and knowingly seeking access to such explicit sexual materials for Your own personal viewing.
Important Access And Use Restrictions. You acknowledge and agree that You may only access, view, download, receive materials available at, in or through the Website, including Content provided by Website Content Providers, only in accordance with these terms and conditions and other restrictions set forth in this Agreement and otherwise posted on the Website, including specific terms and condition associated with the acquisition of Website Content Provider"s Content, and posted revisions of this Agreement. You may access and use the Website only on one computer or mobile device at a time and You may not copy any content from the Website. You access for Your own personal noncommercial educational and entertainment use and enjoyment. You may not use content for any commercial purpose whatsoever. You may not re-publish or provide any parts of the Website or any Website Content Providers" Content to any other person without express prior written authorization by the Company. Such prohibited uses include, without limitation, emailing, phone messaging or any other publication of the Website or Website Content Provider"s Content, in whole or in part, on any web page, including on any personal web page You may own or be affiliated with, including but not limited to any social network page (e.g. Facebook, Myspace or Twitter), regardless of whether any of the aforementioned uses are commercial or non-commercial. Any and all such unauthorized use will constitute intentional copyright infringement that could subject You to serious potential liability.
MEMBERSHIP Tenper.com is currently in beta software development. Beta systems can have unexpected results while using the site. Some site functionality maybe limited, turned off or inaccessible from time to time.
You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through Tenper.com. You will not transmit any chain letters or junk email to other tenper.com Members. Although tenper.com cannot, and does not, monitor the conduct of its Members on or off the Tenper.com Site, it is also a violation of these rules to use any information obtained from Tenper.com in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent
You agree to use the tenper.com in a manner consistent with any and all applicable laws and regulations in the jurisdiction where you are accessing the Site.
Your profile (and the contents thereof) may be searchable by third-party publicly available search engines.
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of the tenper.com Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our Site is updated on a real time basis and is proprietary or is licensed to tenper.com by our users or third parties.
FEES AND CANCELLATION usage or subscription fees might have been charged to you upon registration. You hereby acknowledge and agree that unless you were terminated for violating the Site"s Term and Conditions of Use, or if your Membership is cancelled by tenper.com, your email address and password will be disable from the system at earliest time by Tenper.com without notice. Any Membership that is terminated for violating the Site"s Term and Conditions of Use are not entitled to any refund. You agree that if you cancel at any time after purchasing a Membership to tenper.com( for example, 20 minutes after you sign up), you will still be charged the full Membership fee for the applicable period.
TO CANCELL your monthly Membership you must notify tenper.com of your cancellation by e-mail to the billing department at least Five (10) Business Days before the expiration date of your then current Membership term. To cancel this agreement, email dated notice, which states that you, the buyer, are canceling this agreement, or words of similar effect. This notice must be email to support-tenper@tenper.com. You must include your current profile email address, profile password, last four digit of your credit card used to purchase membership if applicable and current working telephone number with country and area code If any of these items provided are incorrect Membership will not be terminated until you can provide correct profile information.
Tenper.com is currently a free site for members to signup, create a profile and use services provided. The Company reserves the write to amend, remove free memberships, and modify membership agreement and or convert Tenper.com to pay membership site at some future date.
The Company may terminate your Participation for any reason or no reason; such termination to be effective at once by Company sole discretion. This Agreement will remain in effect following termination and certain provisions will survive termination of the Agreement, including but not limited to the sections entitled, “Copyright,” “Prohibited Content,” “Privacy,” “Disclaimers,” “Limitation on Liability,” and “Indemnity.”
The Company is not responsible should your registered email address for your profile become unresponsive or inactive to accept emails from our Site. You must maintain a valid email address as part of Terms and Conditions. Any profile found to have an invalid or unreachable (email bounced back to our Site) email address are marked as abandon and deleted without notice. No refund or adjustments will be made for paid membership.
NO MODERATION; CARE IN GIVING INFORMATION
All website services are not moderated. You agree that your
Participations in Tenper.com is of your free will and for your own personal
entertainment.
Emergency personnel for any communication should not use Website Tenper.com.
Website Tenper.com may not be used to post, promote, exchange or solicit any
Prohibited Content (outlined in Rules Regarding Content Posted, below).
NETWORK OR CELLULAR ACCESS FEES FOR VOICE OR DATA CHARGERS
Before using this service you have contacted your cellular or network provider to determine what if any added fees they may charge you for accessing this service from a mobile or networked device(s) by you. If you do not understand network access fees do not access this site.
LOCATION
You should not giving out personal or other information that would enable
someone to locate your home, place of business or physical current location
while using any of the Services. You acknowledge that you are reasonable for
disabling location services and GPS tracking on your computer or handheld
device. This included but no limited to photos creation locations gps tracking
and device enabled location tracking.
COMMERCIAL USE PROHIBITED
The Website is intended for the personal use of individual Participants only and may not be used in connection with any commercial endeavor. Participants may not solicit, advertise, offer products or services or request financial support via any posting or Profile on this Website.
COPYRIGHT
The Company owns and retains all proprietary rights in the Website and Tenper.com. You may not post, distribute, or reproduce in any way any copyrighted material, trademark, or other proprietary information without obtaining the prior written consent of the Company. You may not upload, post to, or otherwise transmit any content that infringes upon any patent, trademark, trade secret, copyright or proprietary right of any party.
The trademarks, service marks and logos used in this Website and Tenper.com, including without limitation Tenper.com, the TenPer Logo, (collectively, the “Trademarks”) are trademarks or registered trademarks of the Company. Any unauthorized use of the Trademarks is strictly prohibited. You may not display or use the Trademarks for any purpose without the written permission of the Trademark owner or Company.
Company’s right to remove Content.
The Company claims immunity from liability to the fullest extent under the law and as provided under the Communications Decency Act for Content provided by third parties and Members and nothing in this agreement is intended to waive, remove, or usurp such immunity. You understand and agree that Tenper.com may delete any content, messages, photos or profiles (collectively, "Member Content") that in the sole judgment of Tenper.com violates the Terms and Conditions of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of tenper.com or its Members.
The Company shall have the ability to and may choose to investigate and take appropriate legal action, at its sole discretion, against anyone who violates this provision, including without limitation, removing the offending communication from the Site or Service and terminating the Membership of such a violator. The following list is a partial list of the kind of content that is illegal or prohibited on the Site. It includes, but is not limited to, content that: is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person or invades their privacy; involves the transmission of "junk mail", "chain letters," or unsolicited commercial e-mail or "spamming"; promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person"s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); displays pornographic or sexually explicit material that is commercial in nature; provides material that exploits people under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under 18; provides content that involves cursing, swearing, incest, falsifying gender, violence, necrophilia, impersonating another Member, threat of suicide or harm to oneself or others, or bestiality; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone"s privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; sending advertisements in chat or instant messaging messages; and engages in commercial activities or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
∑ Responsibility for Content
Posted by You. You are solely responsible
for Content that you publish or display (hereinafter, “Post”) to the Site or
transmit to other Participants or third parties. By Posting Content to any
area of the Site, you represent and warrant that you have the right to grant to
the Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide
license to use, copy, perform, display and distribute such information and
Content and to prepare any derivative work of or incorporate into other work,
such information and Content, and to grant and authorize sublicenses of the
foregoing.
∑ You will not use the Site
to engage in any form of illegal conduct, harassment or offensive behavior,
including but not limited to the posting or uploading of communications or any
graphic, video or audio content to the Site which contain libelous, slanderous,
abusive or defamatory statements, or racist, obscene or offensive language.
∑ All content present on this Site has not been review or verify
to be truthful or fiction.
∑ You will not use the
Website to infringe the privacy rights, property rights, including intellectual
property rights, or any other rights of any person or entity, including,
without limitation, the company"s rights, Website affiliate"s rights or any
other Website user"s rights. ( See DMA)
∑ You further acknowledge
and agree that all messages or content posted by You or others in any Chat
rooms or any areas which may be provided on the Site shall be deemed to be
readily accessible to the general public and consequently should not be
considered private, confidential or proprietary. Consequently, You should not
use the Site for any communication, which You intend only You and the intended
recipient(s) to read. Notice is hereby given that all messages entered into
this Website can and may be read by the operators of the Site, whether or not
they are the intended recipient(s).
∑ You acknowledge and
agree that You, and not the Company, shall be solely responsible and liable for
all damages, liability or other consequences, foreseen or unforeseen, of all
information which You submit, publish, display, disseminate or otherwise
communicate through the Site even if a claim for damages or liability should
arise after termination of service.
∑ You acknowledge and
agree that You shall remain solely responsible for the content of messages and
other materials You may upload to the Site, to Site Content Providers or
affiliates, or to other Users of the Site. You further acknowledge and agree
that You shall remain solely responsible for any information You send, display,
or receive through the Site even if a claim should arise relating thereto after
termination of service.
∑ You will not download or
access any content available at or in association with the Site that does not
comply with the community standards of the community to which You desire to
have such content delivered or transmitted.
∑ Although we do not
assume the duty or obligation to monitor any messages, advertisements or other
materials posted or uploaded to the Site by third parties, including You, and
are not responsible for any content of these materials, we reserve the right,
in our sole and absolute discretion, but are not obligated, to delete, move, or
edit messages or materials, including without limitation advertisements and
public postings, without notice, that we, in our sole discretion, deem to
violate the Code of Conduct of the Website or any applicable content guidelines
adopted from time to time by the Website, or to be otherwise unacceptable.
∑ Although we do not assume
the duty or obligation to monitor any messages or other materials posted or
uploaded to the Site by third parties, including You, we reserve the right but
not the obligation, in our sole and absolute discretion, to monitor any and all
materials posted or uploaded to the Website by third parties, including You, at
any time without prior notice to ensure that they conform to any content
guidelines or policies of the Website which may be applicable from time to
time.
∑ If the Company provides
any such service described herein, You agree that all messages and other
communications by You shall be deemed to be readily accessible to all other
users of the Site who are authorized to access the Website and agree that all
such messages and other communications shall not be deemed to be private or
secure. Regardless of whether the Company provides any type of service
described herein, You agree that You have hereby been informed and noticed that
any and all messages and other communications which You submit to Company
directly or through the Site can be read by the operators and/or other agents
of Company whether or not they are the intended recipient(s).
∑ The Company may in its discretion provide a service that
enables authorized Users to communicate with or otherwise share information
with other Users or persons who offer to provide a service to Users, such as Site
Content Providers or to post information at, in or on the Site. If the Company
provides such service and if You make use of the service, You agree that You
will not post, submit, publish, display, disseminate, or otherwise communicate
any defamatory, libelous, inaccurate, abusive, threatening, offensive,
fraudulent, obscene, lewd, excessively violent, harassing or otherwise
objectionable or illegal material or any material which would violate or
infringe the copyright, trademark, rights of publicity, privacy rights or other
rights of any person. You acknowledge that transmission of such material or any
material that violates any federal, state, or local law in the United States or
anywhere else in the world, is strictly prohibited by the Company and You
further agree that any transmission of such material by You shall constitute a
material breach of this Agreement entitling Company, without notice and without
any liability for damages or reimbursement to You, to immediately terminate
Your rights to access to the Website.
∑ No Actions Resulting
From Registration In "No Contact" Registries. You hereby agree that
You will not bring any action against Company, any Site Content Providers, or
any of the Site"s affiliates or any of the aforementioned parties" principals,
employees or agents as a direct or indirect consequence of Your registration of
an email address, mailing address, telephone number or other contact point with
any governmental "do not email" registry with respect to any such
contact point You have provided to the Company and/or one or more Website
Content Providers after indicating that You have given the Company and/or such
Website Content Providers permission to send You email, e.g., as You have done
so in this Agreement above. You agree to indemnify the Company and Website
Content Providers, the Website"s affiliates and all their agents for any and
all expenses and damages that result from any and all breaches of this
subparagraph 21.3 and for any actions against Company, Website Affiliates,
and/or any Website Content Providers that result from the Company and/or one or
more Website Content Providers or affiliates sending You email that You have requested
or authorized the Company, its affiliates and/or one or more Website Content
Providers or affiliates to send You.
∑ Acknowledgment of
Privacy Policy. You hereby acknowledge the company"s Privacy Policy and waive
any claims against the Company that arise out of in relation to any matter
relating thereto. Privacy Policy.
∑ The company has full
rights to contact any number of times use the internal System Notice message system
which will post a System Notice message into your inbox. These System Notice messages
are not email and the Company’s official way to contact members system wide.
∑ Authorization And
Permission To Communicate With You Please read our PRIVACY POLICY. You hereby
authorize, permit and request notices, advertisements, e-mail and other communications
to be sent to You from the Company and from Website affiliates, Website Content
Providers and/or their authorized agents, assigns, representatives, successors,
affiliates and contractors. You acknowledge and agree that such communications
may include any type of matter, including, without limitation, communications
containing explicit nudity, explicit sexual depictions, sexual language and
explicit sexual situations, including those involving heterosexuality,
homosexuality and trans-sexuality. You agree that the Company shall not be
under any obligation or restriction regarding the sale of Your email
information to any third parties for any purpose. Moreover, You agree that Your
request, authorization and permission to the Company send You such materials
and communications herein shall continue to be in effect unless and until You
notify the Company that You wish to be deleted your membership from the Site,
in which case, You acknowledge and agree that the Company shall be obligated
only to delete You from its email list and not the email list(s) of any third
parties regardless of how such parties obtained Your email information through
the Company. You acknowledge and agree that You will need to contact such third
parties to be deleted from their email list(s).
∑ Prohibited Content. The following is a partial list of the kind of Content that is illegal and/or prohibited from the Website. The Company reserves the right to investigate and to take action that it deems in its sole discretion appropriate against anyone who violates these provisions including without limitation removing the offending communication from the Website and terminating the offender’s Participation.
o Violation of laws. Content that violates any applicable local, state, national or international law or any regulation having the force of law is illegal and prohibited. Specifically, Participants are responsible for ensuring that uploaded Content does not contravene any criminal law relating to obscenity, pornography or child pornography.
o Sexual acts. Content depicting any sexual act ( such as oral, anal, vaginal or penetration) with any object or life form is illegal and prohibited.
o Images of minor persons. Content depicting any person’s image, in whole or in part who is and/or appears to be under the age of eighteen (18) years old, is illegal and prohibited. Content depicting any person’s image, in whole or in part that is under the age of (18) years old is prohibited.
o Impersonations. Content posted by a Participant that depicts images of a person other than the Posting Participant, whether such Content is an impersonation or otherwise falsely represents the Participant or the Participant’s affiliation with any person or entity, is illegal and prohibited.
o Harassment. The use of the Sites to threaten, advocate or engage in the harassment of any individual or group (verbally or electronically) is illegal and prohibited.
o Hate Speech. The Company will not tolerate hate speech toward any person or group in the form of ethnic slurs, personal insults or obscene language. Inflammatory discussion relating to controversial topics, such as politics or religion, will not be tolerated and is strictly prohibited.
o Harm to Minors. Causing harm to minors in any way including, but not limited to, by establishing unlawful contact with and/or soliciting information from persons under the age of eighteen (18) years old, whether on or off of the Website, is illegal and prohibited.
o Promotion of Illegal Conduct. Content that promotes or provides instruction or information about how to engage in illegal conduct, commit illegal activities or promote physical harm or injury to you or to another person or animal is illegal and prohibited.
o Promotion of False Information. The promotion of Content that you know is false, misleading, defamatory or libelous is illegal and strictly prohibited.
o Requesting Financial Help, Support or Information. At not time are you to provide financial help or request financial help use the website. You may not request any item or paper document, which holds value, to be transferred into your possession or titled to yourself using this website.
o Solicit for Employment or Solicit for an employee or contractor to hirer.
o Transmission of Spam. The transmission of junk mail, chain letters, unsolicited mass mailing or “spamming” is prohibited.
o Transmission of Copyrighted Material. The promotion of any illegal or unauthorized copy of another person or entity’s copyrighted work including but not limited to providing pirated files, computer programs or URL links, information to circumvent manufacturer-installed copy-protect devices or providing pirated music or links to pirated music is illegal and prohibited. Downloading Content for the sole purpose of reposting it to another media, including the reposting of Content stored within a local browser cache, is illegal and prohibited; the IP address of the offending Participant may be forwarded to the Federal Bureau of Investigation (FBI) in the Company’s sole discretion.
o Solicitation of Personal Information. The solicitation of passwords or other personally identifying information for commercial or unlawful purposes from other Participants is prohibited.
o Commercial Activities. The use of the Sites for commercial activities and/or sales such as contests, sweepstakes, barter, advertising and pyramid schemes, without prior written consent from the Company, is prohibited.
PROFILES
By posting a Tenper.com Profile, YOU REPRESENT AND WARRANT THAT THE PERSON DEPICTED IN YOUR PROFILE IS YOU AND WHEN YOU WERE AT AN AGE OF eighteen (18)YEARS OLD AND THAT YOU WILL NOT DEPICT ANY PERSON AS BEING UNDER THE AGE OF Eighteen (18) YEARS OLD.
Each Participant may create and maintain a single Profile on the Site. If more than one Profile is found for the same Participant, all of the Profiles for that person will be locked out and deleted without notice.
PROFILES FOR THIS WEBSITE MUST CONTAIN AT LEAST 1 CURRENT PHOTO OF THE PROFILE HOLDER TO REMAIN AN ACTIVE PROFILE.
You understand that photos or other Content Posted to a Profile: are accessible to the general public and viewable by anyone with Internet access; may be copied by unscrupulous users via standard browser tools or screen capture; and, may be distributed without your knowledge or consent—all of which are beyond the control of the Company. In addition, any E-mail address Posted to your Profile will become publicly available and may subject you to unsolicited E-mail and/or Spam, some of which may originate from a virus-infected computer, without your consent. The Company strongly suggests that you use a self-updating virus check software package running on your computer or devices to protect against computer viruses. Please note: although a virus-infected E-mail may indicate that it is “from” and “to” one of the Company or Sites, if you check the E-mail header, you will likely find that the E-mail in question did not originate from the Company’s mail server IP address, but rather, from another computer that is virus-infected.
Individual Profiles and/or Feature Photos may be locked out without notice if the Profile and/or Feature Photo:
∑ Contains art work, cartoons, altered or non-photographic images;
∑ [Profile] Has fewer than one (1) photo;
∑ Violates any Term of Usage herein;
∑ Contains any photo of an individual younger than 18 years of age;
∑ [Profile] Has a blank comment field;
∑ Depicts a sexual act, regardless of what is having sex in the image;
∑ Shows any legal or illegal use of drugs, displays of firearms, weapons or depicts violent acts to oneself, to (an)other person(s), or to (an) animal(s);
∑ Contains any non-original photo scan, including photos indicating enhanced filter affect, alteration, modification, colorization, recropping or resizing of images.
We caution Participants who may Post URL links to other sites back to Website Profile, to read all terms of usage documents pertaining to any linked website or Internet ISP. Some ISP/websites do not allow URL links to external adult content sites; therefore, you might be in violation of the terms of service for that ISP/website and risk having your access terminated. AOL, for example, has taken a strong stance against adult content links on their systems.
You may report a Profile that you feel needs further attention to the Content shown. To do so, click on the “Report” button located at fair right top of the main profile photo and then enter your comments as to why you feel the Profile should be reviewed by the Company. Company is not responsible to respond directly to reports in its sole discretion.
MEMBER DISPUTES
Member Disputes: The Company does not solicit or control the information provided by any Member that may be made available through our system. You may find other user"s information to be offensive, harmful, inaccurate or deceptive. If so, please request a profile report button on the Member"s Photo profile page. Please also use caution, common sense, and safety when using our Site. You are solely responsible for your interactions with other Tenper.com Members. Because Tenper.com is not involved in Member interactions, in the event that you have a dispute with one or more Members or those who have posted, viewed or used information on the Tenper.com Site, you agree to release Tenper.com, including its officers, directors, agents, subsidiaries, parent companies and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes
PRIVACY
Use of the Sites is also governed by the Privacy Policy.
Technical Problem. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction or unauthorized access to or alteration of Participant communication. The Company is not responsible for any problems or technical malfunction of any telephone network or line, computer online system, server or provider, computer equipment, software, failure of E-mail or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to a Participant’s or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Site.
Advertising.
The Company makes no claims, warranties or
guarantees of any of the products or services offered by an advertisement on
the Website; purchases or services purchased from any Website advertiser are
between the Website visitor and the advertising company.
All Content contained in Participant Profiles are solely the opinion of the
individual Profile holder and do not represent the opinions of the Company.
Participant Action. Any web link, URL, graphic or text that causes a Participant to leave the Websites is beyond the control of the Company and the Company is not responsible for third-party website content. The Company is not responsible for the conduct, whether online or offline, of any Participant of this or any of the Sites. Under no circumstance will the Company be responsible for any loss or damage, including personal injury or death, resulting from the use of the Website or any interactions between Participants of the Website, whether online or offline.
THE COMPANY’S WEBSITES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. THE COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ALL WARRANTIES REGARDING SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS OR CONTINUED AVAILABILITY OR ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED THROUGH YOUR PARTICIPATION ON THE WEBSITES. FURTHER, THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL SATISFY YOUR REQUIREMENTS OR ARE WITHOUT DEFECT OR ERROR OR THAT THEIR OPERATION WILL BE UNINTERRUPTED.
LIMITATION ON LIABILITY
THE COMPANY WILL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY’S TOTAL CUMULATIVE LIABILITY TO YOU SHALL BE LIMITED TO THE AMOUNT YOU HAVE DONATED IN THE PRIOR MONTH TO THE COMPANY TO USE THE SERVICES ON THE WEBSITE. THE COMPANY IS NOT RESPONSIBLE FOR LOST PROFIT OR REVENUE, LOSS OF USE, LOSS OF DATA, COSTS OF RECREATING LOST DATA, THE COST OF ANY SUBSTITUTE EQUIPMENT, PROGRAM, OR DATA, OR CLAIMS BY ANY THIRD PARTY
Indemnification For Unauthorized Use Of Content, Website Or Other Proprietary Materials. You agree to be personally liable for any breach of this Agreement by You. You also agree to fully indemnify the Company and the company"s directors, officers, employees, independent contractors, advertisers, affiliates, suppliers, agents and attorneys, and their successors and assigns for any and all damages directly, indirectly and/or consequentially resulting from any breach of this Agreement by You, including, without limitation, any damages resulting from any attempted or actual unauthorized, accessing, downloading, viewing, copying or distribution of the Website, in whole or in part, by You, alone, or with, or under the authority of, any other person(s), including, without limitation, any governmental agency(ies), wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from such unauthorized activities, including, without limitation, attorney"s fees and all litigation and criminal defense costs.
You
May Not Transfer Or Assign Your Access Rights Or Other Privileges. You shall
not, under any circumstances, have the right to transfer or assign Your license
to use the Website or any license(s) to use any Content You might obtain in,
at, through or in association with, the Website, and You acknowledge that any
attempted transfer or assignment of any such rights shall be void from the
beginning. Any passwords that are issued for use at or in association with the
Website or any Content provided by a Website Content Provider or affiliate are
for Your individual use only. You will be responsible for the security of Your
password(s). You must keep password(s) issued by the Company and/or Website
affiliates strictly confidential, and You hereby agree to do so. If You use a
password that the Company considers to be insecure, the Company shall be
entitled to require the password to be changed and/or terminate Your authorized
access to all website areas. Any sharing of passwords or any other methods of
unauthorized access to the Website with any other person is strictly forbidden.
You agree that if You become involved in any violation of system security or if
the Company or any Website affiliates reasonably so believes, the Company and
all Website affiliates shall independently have the right to release details
regarding such incidents and Your personal information to governmental agencies
and system administrators at other sites in order to assist them in
Disclaimer And Limitation Of Liability
Regarding Website Content Providers, Company Affiliates, Other Website Users
And Other Third Parties.
You acknowledge and agree that Company shall not be held responsible or
liable for the quality, legality, or any other matter regarding Content that is
made available to You on or in association with the Website by Website Content
Providers, the company"s affiliates, any Website Users or any other third
parties.
You further acknowledge that You understand that we do not guarantee or vouch
for the accuracy or truthfulness of any messages, communication, information or
content of any kind which has been posted, uploaded or provided by other users
of the Website, including without limitation any and all advertisers, and that
consequently You release the Company from any and all liability and
responsibility in connection verifying, the accuracy of any such messages,
communication, information or content of any kind provided by other Users of
the Website.
You acknowledge that You understand that we cannot ensure nor do we make any
representations or warranties regarding the security or privacy of information
that You voluntarily provide to the Company, Website Content Providers,
affiliates or any other website users and that You release the Company and its
directors, officers, employees, independent contractors, advertisers, affiliates,
suppliers, agents and attorneys, and their successors and assigns from any and
all liability and responsibility in connection with the use of such
information.
You hereby release Company and its directors, officers, employees, independent
contractors, advertisers, affiliates, suppliers, agents and attorneys, and
their successors and assigns from any and all liability and responsibility in
connection with the Content and all other information, messages, communication
or other materials You may receive from the Company, Website affiliates or
Website Content Providers.
No Representation, Guarantee Or Warranty That Website Or Content Associated
Therewith Is Free Of Harmful Or Malicious Code. You understand that neither
Company, Website affiliates nor any Website Content Providers represent,
guarantee or warrant that either the Website or any Content or any other files
You may access at, in or through, or download from the Website any Website
linked to Website or any affiliated website will be free of viruses, worms,
Trojan horses or other code that may manifest contaminating or destructive
properties ("Harmful Code"). You are responsible for implementing
sufficient procedures and checkpoints to satisfy Your particular requirements
for accuracy of data input and output, protection of Your computer(s) and for
maintaining a means of reconstructing data that You might lose because of
Harmful Code. Neither the Company, Website affiliates nor any Website Content
Providers assume any responsibility or risk associated with the possibility of
damage to Your computer(s) or any other devices through Your use of the Website
or any Content or other materials You may obtain in association therewith.
Disclaimers; No Warranties; Your Use Of This Site Is At Your Own Risk. You hereby
agree that the use of the all materials, features, functions and all other
goods and services provided to You by the Company, and the use of any and all
Content provided by Website Content Providers and affiliates are provided to
You on an "as is" basis, without warranties of any kind, including,
without limitation, warranties regarding the availability, accuracy, or content
of materials, information, product or services, or warranties of
merchantability, fitness for a particular purpose, title or non-infringement,
and Company and Website Content Providers and affiliates expressly disclaim all
such warranties. Neither the Company, Website affiliates nor any Website
Content Providers warrant that the functions of the Website or Content provided
by any of the aforementioned parties nor does the Company warrant that any
other materials available in, at, through or in association with, the Website
will be uninterrupted or error-free, or that any discovered defects will be
corrected. Under no circumstances and under no cause of action or legal theory,
shall Company, Website affiliates, Website Content Providers or any of the
company"s suppliers, licensees, resellers, affiliates or their suppliers,
licensees or resellers be liable to You or any other person for any indirect,
special, incidental, or consequential damages of any character including,
without limitation, damages for loss goodwill, work stoppage, computer failure
or malfunction, or any and all other commercial damages resulting from any
viruses, worms, Trojan Horses or other destructive software or materials, or
communications by You or other users of the Website, or from any use of Content
or any use of the Website whatsoever. This disclaimer of warranty constitutes
an essential part of this Agreement. Some states do not allow exclusions of an
implied warranty, so if for any reasons the choice of law provisions of this
Agreement are deemed not to apply to this Paragraph, this disclaimer may not
apply to You and You may have other legal rights that vary from state to state
or by jurisdiction.
Limit Of Company"s, Website Content Providers" and Website Affiliates"
Liability. Notwithstanding the limitations of liability above, You also agree
that as a material condition to Your obtaining the license to use the Website
set forth herein, and to access Content made available to You by Website
Content Providers" and/or affiliates", You agree that any and all liability
that might be attributable to the Company, Website Content Providers or Website
affiliates, or to any of their directors, officers, employees, independent
contractors, advertisers, affiliates, suppliers, agents and attorneys, and
their successors and assigns that directly or indirectly results from Your use
of the Website and/or Website Content Providers" or affiliates" Content,
including, without limitation, any failure of performance, error, omission,
interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access to, alteration
of, or use of records, whether for breach of contract, negligence or under any
other cause or action, shall be strictly limited to the lesser amount of (1)
the license fee paid by You for access to the Website or for the Content You
accessed at the Website or (2) forty USA dollars ($40.00). Some states do not
allow the limitation or exclusion of liability for incidental or consequential
damages. Regardless of whether such limitation or other limitation of the scope
of this limitation of liability or other limitation of liability set forth in
this Agreement should apply to You, You acknowledge and agree that it is the
express intent of the parties hereto that the limitations of liability set
forth in this paragraph and elsewhere in this Agreement shall be construed to
be as broad as is permissible under applicable law.
Waiver of Section 1542. With respect to the releases of liability set forth in
this Agreement, You hereby acknowledge that You have been advised by Your
independent counsel or You otherwise understand the consequences of entering
into the general release and discharge of all known and unknown Claims as set
forth in this Agreement, and that You are familiar with the provisions of
Section 1542 of the California Code, which currently provides that:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR
SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF
KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.You
hereby expressly waive any and all rights under Section 1542 and under any
other federal or state statutes or laws of similar effect. Notwithstanding the
foregoing, however, nothing herein shall be construed or operate to limit any
obligation, duty, warranty or other responsibility set forth in this Agreement,
in any way.
Cooperation With Law Enforcement. The Company, Website affiliates and all
Website Content Providers independently reserve the right to fully cooperate
with any and all law enforcement authorities and court orders requesting or
directing Company, Website Affiliates and/or Website Content Providers to
disclose the identity or other information regarding any person who is using or
has used the Website or has obtained any Content available through or in
association with Website. By accepting this Agreement and using the Website,
You waive and hold harmless Company, Website affiliates, Website Content
Providers and the operators of Website from any and all claims resulting from
any and all actions taken by any of the foregoing during, or as a result of any
law enforcement authority"s investigations.
Notices To Company Or User Notices from the Website to authorized Users may be
given by means of electronic messages or by general posting on the Website. Communications
from You to the Company may be made by electronic messages or conventional
mail, unless otherwise specified in the Agreement. All questions, complaints,
and notices to Company by means of electronic mail must be sent to Customer
Service at: tenper@tenper.com
JURISDICTIONAL ISSUES
This
Website is controlled and operated by the Company through its corporate
headquarters within the State of California and this Agreement will be governed
by, construed and enforced in accordance with the laws of the State of
California, as it is applied to agreements entered into and to be performed
entirely within such State. You agree that any legal action or proceeding
between the Company and you for any purpose concerning this Website or the
parties" obligations hereunder must be brought exclusively in the U.S.
District Court for the Northern District of California or a state court of
competent jurisdiction sitting in the City and County of San Francisco, State
of California. Venue shall be in San Francisco, California.
Arbitration.
Any and all disputes or controversies of any kind, including but not limited to
any performance, duty, obligation or liability arising under or related to this
Agreement which are not first resolved informally, shall be determined by
binding arbitration in San Francisco, California, in accordance with the rules
of the proper jurisdiction. The final award in any such arbitration proceeding
shall be subject to entry as a judgment by any court of competent jurisdiction,
provided that such judgment does not conflict with the terms and provisions
hereof. The jurisdiction of the arbiter (or arbiters) with respect to legal
matters shall be limited only by the statutory and common law of California.
Notwithstanding the foregoing, any and all disputes, which the parties cannot
informally resolve, regarding the scope of issues or matter within the
jurisdiction of the arbitrator, shall be resolved by a separate dispute
resolution process whereby the Company in the company"s sole discretion shall
elect the dispute to be resolved by new arbitrators
Venue and Jurisdiction. You and the Company hereby agree that the venue for all
legal disputes, controversies, actions of any kind arising under or related to
this Agreement shall be California, USA. You and Company agree that in case of
any litigation regarding this Agreement, the venue for such litigation shall
be, depending on the subject matter of the dispute, in California, USA. You
hereby consent and stipulate to the jurisdiction of the Courts of the County of
San Francisco, California. and/or US District Court Northern District of
California.
INDEMNITY
Each time you enter the Website you agree to indemnify and hold
the Company, its subsidiaries, affiliates, officers, agents, and other partners
and employees, harmless from any loss, liability, claim, or demand, including
reasonable attorney’s fees, made by any third party due to or arising out of
your Participation in the Tenper.com in violation of these Terms of Use and/or
arising from a breach of these Terms of Use and/or any breach of your
representations and warrantees set forth herein. You further agree that your
choice to communicate with or to meet in person with any individual based on
information obtained from this Website, is done so on your own behalf and that
you hold harmless the Company, its subsidiaries, affiliates, officers, agents
and other partners and employees, from any loss, liability, claim or demand,
including reasonable attorney’s fees, made by any third party due to your actions.
Unenforceability
Of Provisions You and Company agree that if any provision of this Agreement is
held to be unenforceable for any reason, such provision shall be reformed only
to the extent necessary to make it enforceable and all other portions of this
Agreement shall remain in full force and effect (i.e., if any part of this
Agreement is unlawful, void or otherwise unenforceable, only that part will be
deemed severable and, such severance will not affect the validity and
enforceability of any and all the remaining provisions).
AD LINKS AND PURCHASES
The Company offers third party website merchandise through mutual agreements, revenue share programs or direct paid advertising on our websites for third parties merchants. Before ordering, please read and understand all of the advertisers policies and procedures for the ordering, payment and return of merchandise, restocking fees, S&H fees and credit for returned purchases. All merchandise transactions are solely between yourself and the third party merchant. The Company has no control over the products or services offered by third party merchants and cannot and will not intervene or resolve any issues on your behalf.
INTERNATIONAL USE AND U.S. EXPORT CONTROLS
The Website will not be considered a solicitation for or offering of any product or Service to any person in any jurisdiction where such solicitation or offering would be illegal. Software from this Website is subject to the United States export controls. No software may be downloaded from the Website or otherwise exported or re-exported (1) into (or to a national or resident of) Cuba, Iran, Libya, North Korea, Syria or any other Country to which the U.S. has embargoed goods; or (2) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or any such list.
The Company makes no representations, warranties or endorsements with respect to any non-the Company web site, which may be accessed from this Website. When you access a non-Company website, please understand that the
Company has no control over the content or information at that site.
Acceptable Use Policy for Content Posted on the Website:
Tenper.com does not claim ownership of any Content you submit or make available for inclusion on the Tenper.com Site. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Tenper.com Site, you grant Tenper.com the following world-wide, royalty free and non-exclusive license(s), as applicable.
With respect to Content you submit or make available for inclusion on publicly accessible areas of the Tenper.com Site the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Tenper.com Site solely for the purposes of providing and promoting the Tenper.com Site and Service to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Tenper.com Site, and will terminate at the time you remove such Content or Tenper.com removes such Content from the Tenper.com Site
With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Tenper.com the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Tenper.com Site solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Tenper.com Site and will terminate at the time you remove such Content, or Tenper.com removes such Content from the Tenper.com Site.
With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on accessible areas of the Site. You grant to Tenper.com the perpetual, irrevocable and fully sub
Licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
Digital Millennium Copyright Act Notices
It is the policy of AB Software LLC to respect the intellectual property of others and thus to respond to effective notices of alleged infringement of copyrighted material where (i) the copyrighted material is available at, or from, a system or network controlled or operated by or for AB SOFTWARE LLC by providing or using an information location tool, such as a directory, index, reference, pointer, or hypertext link, refers or links a third party to a site that contains the copyrighted material.
If you are alleging that copyrighted material may have been or is being
infringed, then you must notify AB SOFTWARE LLC, pursuant to the U.S. Online
Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium
Copyright Act, 17 U.S.C. §512 (c), by sending a notice to the address listed
below. Such notice must include the following to be effective:
1. A physical or electronic signature of a person authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed;
2. Identification of the copyrighted work claimed to have
been infringed or, if multiple copyrighted works at a single online site are
covered by a single notification, a representative list of such works at that
site;
3. Identification of the material that is claimed to be
infringing or to be the subject of infringing activity and that is to be
removed or access to which is to be disabled, and information reasonably
sufficient to permit AB SOFTWARE LLC to locate the material;
4. Information reasonably sufficient to permit AB SOFTWARE
LLC to contact you such as an address, telephone number, and, if available, an
electronic mail address at which you may be contacted;
5. A statement that you have a good faith belief that use of
the material in the manner complained of is not authorized by the copyright
owner, its agent, or the law; and
6. A statement that the information in the notification is
accurate and, under penalty of perjury, that you are authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.
Counter Notices
If
material that you have posted to a system or network controlled or operated by or
for AB SOFTWARE LLC has been removed or disabled, you may file a counter notice
pursuant to 17 U.S.C. §512 (g). To be effective, the counter notice must be a
written communication sent to the address listed below that includes the
following:
1. A physical or electronic signature of the subscriber;
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;
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; and
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 the address is located or, if your address is outside of the
United States, for any judicial district in which AB SOFTWARE LLC may be found,
and that you will accept service of process from the person who provided
notification under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such
person.
DESIGNATED AGENT FOR ALL NOTICES, INCLUDING COUNTER NOTICES
All
written notices should be sent to the following Designated Agent:
Designated Agent: William J. Sanderson
Address of Designated Agent: 1775 E. Palm Canyon Dr. Ste 110 -
PMB 271, Palm Springs, CA 92264
Email address of Designated Agent: bsanderson@absoftware.com
Telephone number of Designated Agent: (415) 868 4199 x22
MODIFICATION OF TERMS OF USE
The Company may change these Terms of Use from time to time. If any such changes materially and adversely affect the use of your information, the Company will generally refer to such changes on the Website for a period of time, although our failure to do so will not affect the applicability of such changes. Accordingly, the Company recommends that you check back to review these policies from time to time, particularly if you have not visited the Website for some time. These Terms of Use are also subject to our Privacy Policy, which are incorporated herein by reference, and the Company also recommends that you review those from time to time.
No waiver of any breach of any provision of these terms of use will constitute a waiver of any prior, concurrent, or subsequent breach of the same or other provisions. All waivers must be in writing. If any court of competent jurisdiction finds any part or provision of these terms of use or of this Agreement to be invalid or unenforceable, such findings will have no effect on any other part or provision of these terms of use or of this Agreement.
Any action against the Company, its officers, directors, employees, agents, licensors, suppliers and any third party providers of information or services to the Website must be brought within six (6) months after the cause of action arises. The Company is not responsible for delay or failure to perform due to causes beyond its reasonable control.
This Agreement and the terms of use together constitute the entire agreement between you and the Company with respect to your use of Services. Please check this Agreement and the Terms of Use each time you log into use the Website, as the Company reserves the right to make changes from time to time.
In the event that any suit or other legal proceeding is brought for the purpose of enforcing the Agreement or otherwise in connection with the Agreement, in addition to whatever other remedies the prevailing party in such suit or legal proceeding might by entitled, such prevailing party shall be entitled to reasonable attorneys" fees and expenses, including those incurred in preparation for any hearing, motion, or trial.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY THE COMPANY.
Affirmation
Of Agreement; You acknowledge You Have Read This Entire Agreement. By clicking
on a link intended to signify Your agreement to this Agreement, for example, by
clicking the acceptance button, by continuing to access the Website and/or any
service or other functionality available in, on, at or through the Website
available at, in or through the Website, or by obtaining Content from any
Website Content Providers, You agree that You are acknowledging and affirming
that You have read this entire Agreement and that You agree to all its terms,
conditions, warranties and other provisions. You further agree that Your
acknowledgment and agreement to the entirety of this Agreement is reaffirmed by
authorizing the use of Your credit card for payment of charges for Content and
each time You access any part of the Website.
No Authorization To Acquire Content Or Use Adults Only Parts Of The Website
Without Full Agreement. You acknowledge and agree that unless You expressly
agree with all the terms of this Agreement, You will not be authorized to
access the company"s or the company"s agent"s computers or servers to download
or otherwise use the Website, to acquire access to the "adults only"
portions of the Website, to use any services offered or otherwise provided by
or through the Website or to acquire any kind of Content from the Company, any
Website affiliates or any Website Content Providers.
Mutually Drafted Negotiation Option; Paragraph Headings. For purposes of
construction and interpretation of this Agreement, both You and the Company
shall be deemed to have mutually drafted this Agreement and all parts thereof.
If You would like to negotiate other terms or otherwise modify this Agreement
before providing your assent and agreement, please contact the Company at: AB
Software LLC. 1775 E. Palm Canyon Dr, Suite 110 – PMB 271, Palm Springs,
California 92264. You hereby acknowledge and agree that this is not a contract
of adhesion and that as a material inducement for Company to provide a license
to You to use the Website You hereby agree that You shall not make any claim or
support any action on the claim that this Agreement constitutes a contract of
adhesion or is unconscionable in any way. This is a legal contract. Like all
legal contracts, You are advised to procure appropriate legal advice before
entering into this agreement. You acknowledge and agree that Company did not
require You to enter into this Agreement without having sufficient time and
opportunity to consult with an attorney. You hereby further acknowledge that
You have either consulted with an attorney prior to agreeing to the provisions
of this Agreement or You expressly and knowingly have opted not to seek legal
counsel prior to your full agreement hereto. Paragraph and subparagraph
headings of this Agreement are inserted for convenience only and shall not be
deemed to constitute a part hereof nor to affect the meaning thereof.
Please contact us with any questions by email at: support-Tenper.com