Terms of Service
Welcome to the ABOUTAFFILIATES.com Internet
service (the "Service"). This document explains the terms and
conditions for using our Service (the "Agreement"). By using
our Service, you consent to this Agreement and any new version
of it posted since your last visit. If the Agreement is not
acceptable, then please do not use our Service. This Agreement
was last updated on: Friday, 20th February, 2004.
USING OUR CONTENT & SERVICE.
Access To This Site. YOU MUST BE EIGHTEEN (18)
YEARS OR OLDER TO ACCESS THIS WEB SITE. IF YOU ARE UNDER
EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEB
SITE FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF
THIS WEB SITE, NO INFORMATION OBTAINED BY THIS WEB SITE FALLS
WITHIN THE CHILD ONLINE PRIVACY ACT (COPA) AND IS NOT MONITORED
AS DOING SO.
Our Proprietary Rights. Our Service may contain
an assortment of information, data, software, images, video
clips, music, links, logos and other material ("Content") that
are the copyright, trademark or other intellectual property of
the owners of this Service or third party suppliers. The
Content in this Service is copyrighted individually and as a
collective work. All rights are reserved. The name
"ABOUTAFFILIATES.com" and other names appearing herein are the
trademarks or registered trademarks of the Service or the
respective third party owners. You will ensure that all
copyright, trademark or other proprietary rights notices
appearing on any Content remain intact and legible. All
licenses are non-exclusive.
Linking to Our Site. You may not display our
Content within a frame or border, or "deep link" or harvest
Content located below our top-most URL. You will not link to
our Service or Content in a manner that suggests an endorsement
or affiliation between our sites. You will remove any link to
our Service that we find objectionable promptly upon
request.
Reservation of Rights. All content,
communications, software applications, digital products,
updates and features of this Service are copyrighted by the
Service, its owners, suppliers or other third parties. We
reserve all rights not specifically granted to you. This means
permission to use the Service and related intellectual property
rights will be narrowly interpreted by a court in our favor.
Except as specifically authorized in this Agreement, you may
not store, copy, reproduce, adapt, reformat, create derivative
works of, transmit, disseminate, publicly display or perform
any copyrighted material from this Service. You may not reverse
engineer our Service or any software obtained from it to
discover its underlying design or inner workings (and you will
hold in confidence for our benefit alone anything discovered in
violation of this provision). If you infringe our intellectual
property rights or exceed the scope of permitted use of this
Agreement, you agree that we could be irreparably injured and
may obtain a court order without necessity of posting bond to
enjoin you from further mischief.
YOUR CONTENT & SUBMISSIONS.
Your Public Messages. Our Service includes
certain interactive features that allow users to post, transmit
and receive messages or content to discussion forums,
newsgroups, chat areas, calendars or other online channels
("Communications"). We do not prescreen or editorially control
Communications on our Service. We reserve the right (but do not
assume the responsibility) to block or remove any
Communications brought to our attention which we consider in
violation of this Agreement or detrimental to the Service or to
any person.
Permission to Publish. Our Service does not claim
ownership in the content of your Communications. If you make
Communications, you irrevocably grant our Service (and any
affiliates and sub-licensees) the worldwide, perpetual,
royalty-free, sub-licensable right and license to store, copy,
reproduce, adapt, reformat, create derivative works of,
transmit, disseminate, publicly display and perform such
Communications through the Service and to make such incidental
and additional uses as may be needed to operate the Service and
any affiliated sites through any media or technology now known
or hereafter created. You irrevocably grant us the right to
obtain a copyright in the "thread" or compilation of
Communications on the Service generally, including your own
Communications.
Data Management & Disclosure. We reserve the
right to manage and operate our system resources and to archive
or delete any files stored on our Service at any time. You are
responsible for making back-up copies of any files that you
wish to preserve. We may archive or delete files stored in
accounts that have not been logged into and are inactive for an
extended period of time, as determined by the Service. We do
not claim any ownership rights in the contents under your
account. We may disclose the contents of your account (a) as
required by law or legal process, (b) to protect or defend the
rights of the Service, (c) to enforce this Agreement, or (d) to
protect the interests of any other user.
Prohibited Behavior. You will not upload, store
or disseminate any Content or make any Communications which
violate or infringe the intellectual property or privacy rights
of any person or which a reasonable person would consider
abusive, profane, hateful, racially or ethnically offensive,
which are defamatory or harassing, or which violate or
encourage others to violate this Agreement or any applicable
law. You will not upload or transmit pornographic or obscene
images or files, and you will not impersonate our personnel or
disrupt the orderly operation of the Service. You will not use
the Service to violate any applicable law, including U.S. or
foreign securities laws or regulations. In order to protect
itself, the Service may without liability actively cooperate
with and furnish identifying and supporting information to any
person likely to be harmed or affected by your violation of
this Agreement and to any law enforcement agency conducting an
investigation. You also agree not to make any Communication
that encourages users to terminate their use of the Service or
to use a competitor's service.
Anti-Spam Restriction. You will not use our
Service to make any Communications which are unsolicited bulk
advertising or promotional messages ("spam"), so-called "chain
letters," pyramid schemes, or make Communications of a
promotional nature other than through channels authorized by
the Service. You may not harvest email addresses or instant
messaging identifiers. Because the damage incurred by us in
connection with spam campaigns may be difficult to ascertain,
you agree to pay liquidated damages of $3 per individual
recipient of spam messages transmitted under your account if
you knowingly cause spam to be sent.
THIRD PARTY LINKS AND ADVERTISERS.
Content, goods or services may be offered by third parties
through hotlinks or advertisements contained on our Service or
through private-branded areas that are controlled by third
party providers. These are offered as a convenience to you. We
have no control over and do not endorse third party content,
goods or services. We act as a distributor and not as a
republisher of third party content and as an advertising
channel for third party goods and services. Third party
providers may change, add or discontinue their content or
offerings at any time without notice. They may impose
additional or different conditions on your use of their content
or services (please read any additional terms that may be
posted by such providers). WE DISCLAIM ALL REPRESENTATIONS AND
WARRANTIES REGARDING CONTENT, GOODS OR SERVICES YOU OBTAIN FROM
THIRD PARTY PROVIDERS. YOU WILL LOOK SOLELY TO THE THIRD PARTY
PROVIDER FOR ALL CLAIMS REGARDING SUCH MATTERS.
SYSTEM SECURITY.
We offer secure web pages to collect certain kinds of
information from users and we store certain kinds of sensitive
information in encrypted form. We follow reasonable technical
and management practices to help protect the confidentiality,
security and integrity of data stored on our system. While no
computer system is completely secure, we believe the measures
implemented by our Service reduce the likelihood of security
problems to a level appropriate to the type of data
involved.
OUR PRIVACY POLICY.
Our Privacy Policy for this Site is posted Privacy
Policy page. The terms of that Policy, and any
future amendments to it, are hereby incorporated by
reference in its entirety into this Agreement and subject to
these terms. Third parties providing goods or services to
you (including those advertising or providing links on our
Service) may have privacy policies or practices that differ
from our own. Please check their sites' privacy disclosures
for details.
WARRANTIES & LIABILITIES.
Warranty Disclaimer. THIS SERVICE (INCLUDING ALL
INFORMATION, CONTENT, COMMUNICATIONS, FEATURES, PRODUCTS,
SOFTWARE AND SERVICES) MAY INCLUDE INACCURACIES, ERRORS AND
DEFECTS AND IS PROVIDED AS-IS AND AS-AVAILABLE WITHOUT WARRANTY
OF ANY KIND. ALL WARRANTIES, INCLUDING MERCHANTABILITY,
QUALITY, INTEGRATION, ACCURACY, WORKMANLIKE EFFORT, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT ARE
DISCLAIMED. THE SERVICE IS NOT RESPONSIBLE FOR UNAUTHORIZED
ACCESS TO OR DISRUPTION OF YOUR COMMUNICATIONS, CONTENT OR
TRANSACTIONS ENTERED INTO WITH THE SERVICE. THE SERVICE IS NOT
RESPONSIBLE FOR ANY HARASSING, DEFAMATORY, ILLEGAL OR IMPROPER
CONDUCT OR CONTENT OF THIRD PARTIES, OR FOR ANY INFRINGEMENT OF
INTELLECTUAL PROPERTY RIGHTS BY THIRD PARTIES.
Limitation of Liability. YOU AGREE THIS SERVICE
IS NOT LIABLE FOR ANY DIRECT DAMAGES EXCEEDING THE AMOUNT, IF
ANY, ACTUALLY PAID TO IT BY YOU DURING THE SIX (6) MONTHS
PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM. IN NO EVENT IS
THE SERVICE LIABLE WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY INDIRECT,
PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING LOST SAVINGS, LOST PROFIT, LOST GOODWILL,
LOST OR CORRUPTED DATA OR BUSINESS INTERRUPTION) EVEN IF
NOTIFIED IN ADVANCE OF SUCH POSSIBILITY. THIS LIMITATION IS A
MATERIAL CONDITION TO THIS AGREEMENT, IS COMMERCIALLY
REASONABLE AND HAS BEEN FACTORED INTO THE AGREEMENT AS A WHOLE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
Indemnification. You agree to defend, indemnify
and hold harmless the Service and its officers, directors,
owners, agents, employees, advisers and consultants, from and
against any claims, actions, demands, liability, damages
(including legal and professional fees) asserted by any third
party and arising from your use of the Service, your conduct,
content, communications, alleged infringement of third party
intellectual property or privacy rights, or violation of this
Agreement.
Limitation of Remedies. You agree that if the
Service breaches this Agreement, your sole and exclusive remedy
will be to terminate this Agreement and your relationship with
the Service. This applies regardless of whether the remedy
fails of its essential purpose.
Protected Parties. THE WARRANTY DISCLAIMERS,
LIABILITY LIMITS, INDEMNITIES AND RESERVATION OF RIGHTS
CONTAINED IN THIS AGREEMENT PROTECT THE SERVICE, ITS OFFICERS,
DIRECTORS, OWNERS, AGENTS, CONSULTANTS, ADVISERS, EMPLOYEES,
AFFILIATES, ADVERTISERS, DISTRIBUTORS, RESELLERS, SUPPLIERS,
PUBLISHERS AND PROMOTERS.
FORCE MAJEURE.
The Service is not responsible for any delay or failure in
performance of the Service in whole or in part for any reason
including, without limitation: fires, floods, storms,
earthquakes, civil disturbances, disruption of
telecommunications, transportation, utilities, services or
supplies, governmental action, computer viruses, corruption of
data, hacker attack, incompatible or defective equipment,
software or services or otherwise. Nothing herein enlarges any
warranty or diminishes any disclaimer under this Agreement.
NO OUTSIDE CONTACTS.
Because of the uncertainty and lack of uniformity of laws in
other jurisdictions (particularly as applied to Internet
sites), it is important to agree that our Service operates
solely in California, United States (our "Locality"). You are
using the Internet as your own agent to access and use our
Service from the local Internet point of presence (POP) here in
our Locality and you are using the Internet or public carrier
as your local agent to take delivery of any information,
products or services in our Locality. This means all
operations, services, deliveries, performance and contacts of
our Service occur solely in our Locality. Our Service does not
submit to personal jurisdiction anywhere else and you
irrevocably waive any claim to the contrary.
INJUNCTIVE RELIEF.
If you violate or exceed the scope of this Agreement or
infringe our proprietary rights, you agree we would be
irreparably harmed and may (in addition to other relief and
without having to post bond) obtain a court order enjoining
your from further mischief.
GOVERNING LAW.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE
WITH THE SUBSTANTIVE LAWS OF DISTRICT, CA, United States,
WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES. YOU AGREE TO
INITIATE AND MAINTAIN ANY LEGAL ACTION IN SUCH DESIGNATED
STATE/LOCALE AND IRREVOCABLY CONSENT TO EXCLUSIVE PERSONAL
JURISDICTION AND VENUE THEREIN. YOU ARE RESPONSIBLE FOR
COMPLYING WITH YOUR OWN LOCAL LAWS, WHICH MAY VARY WITH RESPECT
TO CERTAIN ACTIVITIES OR PEOPLE. Since we make no warranties
and have limited our liabilities, you should have little reason
to have a grievance with us. Should you nevertheless bring
legal action against us, you irrevocably agree it will be
brought and maintained within one (1) year after the claim
arises or be barred. As disincentive for unwarranted
litigation, you agree that if you sue us and don't win on the
merits, you will pay our defense costs, including reasonable
legal fees for in-house and outside counsel. If we are required
to enforce this Agreement or our rights, you agree it is
reasonable to send you legal notices and papers by electronic
mail at your stated address (we would also attempt to send you
a backup copy by regular mail).
TECHNOLOGY & DATA TRANSFER.
Technology Transfer. The transport of technology,
technical data and information across national boundaries is
regulated by domestic and certain foreign governments. You
agree not to directly or indirectly export or re-export any
information, software or technology obtained from or through
the Service that requires an export license or governmental
approval without first obtaining that license or approval. This
provision will survive termination of our Agreement.
European Union Residents. If you reside in the
European Union (EU) or if any transfer of information between
you and our Service is governed by the European Union Data
Protection Directive or national laws implementing that
Directive, then you consent to the transfer of such information
outside of the European Union to your country and to such other
countries as may be contemplated by the features and activities
provided by the Service.
RELATIONSHIP OF PARTIES.
There are no third party beneficiaries of this Agreement. The
parties are independent to one another and are not related by
franchise, partnership, employment, joint venture or otherwise.
This Service is not a party to any transaction between you and
any third party advertisers or suppliers. You will look solely
to the third party for all claims regarding their goods,
services or information.
RIGHT TO RELY ON INSTRUCTIONS.
The Service may act in reliance upon any instruction,
information, document, filing, name, email address or user
password that meets the Service's automated criteria or which
is believed by the Service's personnel to be genuine. For any
password protected areas, the Service may assume a person
entering a user name address and associated password is, in
fact, that user or is authorized by that user to act on its
behalf. The Service may assume the latest email addresses and
registration information on file with the Service are accurate
and current. When programmed to do so, the Service may take
prescribed actions in the absence of receiving proper and
complete contrary instructions.
CHANGES TO SERVICE.
We reserve the right to modify, change or discontinue the
Service or any feature at any time without notice. You agree
that the Service is not liable to you or to any third party as
a result of any such action. We invite users to make
suggestions for ways that the Service can be improved. If you
make a suggestion, you authorize us to use the idea and to
publish your name in connection with the submission. We do not
pay compensation for using submissions.
TERMINATION.
Either party may terminate this Agreement in their sole
discretion, at any time with or without cause and regardless of
the stated registration period otherwise applicable. We reserve
the right to suspend or terminate operation of this Service, or
any feature of this Service, at any time upon notice.
Protections afforded to us and to third parties by this
Agreement will survive termination. If this Agreement is
suspended or terminated as a result of unauthorized use or
infringement of rights to Content obtained from the System, you
agree that upon request, you will destroy all copies of such
Content in your possession or under your control.
NOTICE TO CALIFORNIA RESIDENTS.
Under California Civil Code Section 1789.3, California
residents are entitled to the following specific consumer
rights information.
Pricing Information: Current rates for using the
Service may be obtained by calling (909) 218-9249. The Service
reserves the right to change fees, surcharges or to institute
new fees at any time, as provided in this Agreement.
Complaints: The Complaint Assistance Unit of the
Division of Consumer Services of the California Department of
Consumer Affairs may be contacted in writing at 1020 North
Street, Suite 501, Sacramento, CA 95814, or by telephone at
(916) 445-1254.
For more information regarding two major anti-spam laws
click
here and here. (This
is a "zip" file.
MISCELLANEOUS.
This document reflects our entire and exclusive agreement and
supersedes all other agreements regarding this subject matter,
whether written or verbal. We reserve the right to change this
Agreement at any time by posting a new version on the Service.
Your continued use of this Service after the effective date of
such amendment will constitute your acceptance of it. Any other
amendment to this Agreement shall be in a pen-and-ink signed
writing, regardless of any course of conduct or trade practice
between us. This electronic document or a hardcopy duplicate in
good form shall be considered an original document admissible
into evidence unless the document's authenticity is genuinely
placed in question. We reserve the right to assign this
Agreement or delegate responsibility to any third party,
including a party acquiring any of our operating assets or
ownership interests. All licenses or permissions granted to you
by this Agreement are personal in nature and may not be
assigned, sublicensed or otherwise transferred and any attempt
to the contrary is void. Any provision of this Agreement found
by a court to be illegal or unenforceable shall automatically
be deemed conformed to the minimum requirements of law and
shall thereupon be given full force and effect as so modified.
Waiver of a provision in one instance shall not preclude our
enforcement of it on future occasions. Headings are for
reference purposes only and have no substantive effect.
NOTICE OF COPYRIGHT INFRINGEMENT PROCEDURES.
If you believe content on our Service infringes your
copyrighted work and you want the Service to take down
the offending material, you will need to complete the following
Notice of Copyright Infringement and mail it to our Registered
Agent (do not use this procedure for any other kind of
communication):
Mail it to us:
Jude Wright
17914 Lariat Drive, Chino Hills, CA, 91709, United States
Notice of Copyright
Infringement
I certify under the penalty of perjury that I own or am
authorized to act on behalf of the owner of the copyrighted
work identified below. I believe in good faith that the
copyrighted work has been used on your Service without
authorization by the owner, its agents or according to law. I
ask that you remove or block access to the infringing
material.
Name of Copyright Owner:
Description of Copyrighted Work:
Description of Infringing Material:
Location of Infringing Material:
I can be contacted as follows:
My Name:
My Title:
Company:
Address:
Address:
Telephone:
Fax:
Email:
I certify under the penalties of perjury that the foregoing is
true and correct to the best of my information, knowledge and
belief.
Signed:
Date:
(end of document)
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