DISCLAIMER AND TERMS OF USE
AGREEMENT BETWEEN USER AND BACHELORETTE
The BACHELORETTE Web Site is comprised of various Web pages operated by BACHELORETTE.
The BACHELORETTE Web Site is offered to you conditioned on your acceptance
without modification of the terms, conditions, and notices contained
herein. Your use of the BACHELORETTE Web Site constitutes your agreement to
all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
BACHELORETTE reserves the right to change the terms, conditions, and notices
under which the BACHELORETTE Web Site is offered, including but not limited
to the charges associated with the use of the BACHELORETTE Web Site.
LINKS TO THIRD PARTY SITES
The BACHELORETTE Web Site may contain links to other Web Sites ("Linked
Sites"). The Linked Sites are not under the control of BACHELORETTE and
BACHELORETTE is not responsible for the contents of any Linked Site, including
without limitation any link contained in a Linked Site, or any changes
or updates to a Linked Site. BACHELORETTE is not responsible for webcasting
or any other form of transmission received from any Linked Site. BACHELORETTE
is providing these links to you only as a convenience, and the inclusion
of any link does not imply endorsement by BACHELORETTE of the site or any
association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the BACHELORETTE Web Site, you warrant to BACHELORETTE
that you will not use the BACHELORETTE Web Site for any purpose that is unlawful
or prohibited by these terms, conditions, and notices. You may not use
the BACHELORETTE Web Site in any manner which could damage, disable, overburden,
or impair the BACHELORETTE Web Site or interfere with any other party's use
and enjoyment of the BACHELORETTE Web Site. You may not obtain or attempt
to obtain any materials or information through any means not intentionally
made available or provided for through the BACHELORETTE Web Sites.
USE OF COMMUNICATION SERVICES
The BACHELORETTE Web Site may contain bulletin board services, chat
areas, news groups, forums, communities, personal web pages, calendars,
and/or other message or communication facilities designed to enable
you to communicate with the public at large or with a group (collectively,
"Communication Services"), you agree to use the Communication
Services only to post, send and receive messages and material that are
proper and related to the particular Communication Service. By way of
example, and not as a limitation, you agree that when using a Communication
Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, infringing, obscene, indecent or unlawful topic,
name, material or information.
Upload files that contain software or other material protected by
intellectual property laws (or by rights of privacy of publicity) unless
you own or control the rights thereto or have received all necessary
consents.
Upload files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Service specifically allows such
messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service
that you know, or reasonably should know, cannot be legally distributed
in such manner.
Falsify or delete any author attributions, legal or other proper notices
or proprietary designations or labels of the origin or source of software
or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication
Services.
Violate any code of conduct or other guidelines which may be applicable
for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail
addresses, without their consent.
Violate any applicable laws or regulations.
BACHELORETTE has no obligation to monitor the Communication Services.
However, BACHELORETTE reserves the right to review materials posted
to a Communication Service and to remove any materials in its sole discretion.
BACHELORETTE reserves the right to terminate your access to any or all
of the Communication Services at any time without notice for any reason
whatsoever.
BACHELORETTE reserves the right at all times to disclose any information
as necessary to satisfy any applicable law, regulation, legal process
or governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, in BACHELORETTE's sole discretion.
Always use caution when giving out any personally identifying information
about yourself or your children in any Communication Service. BACHELORETTE
does not control or endorse the content, messages or information found
in any Communication Service and, therefore, BACHELORETTE specifically disclaims
any liability with regard to the Communication Services and any actions
resulting from your participation in any Communication Service. Managers
and hosts are not authorized BACHELORETTE spokespersons, and their views do
not necessarily reflect those of BACHELORETTE.
Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination. You are responsible
for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO BACHELORETTE OR POSTED AT ANY BACHELORETTE WEB SITE
BACHELORETTE does not claim ownership of the materials you provide to BACHELORETTE
(including feedback and suggestions) or post, upload, input or submit
to any BACHELORETTE Web Site or its associated services (collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting your
Submission you are granting BACHELORETTE, its affiliated companies and necessary
sublicensees permission to use your Submission in connection with the
operation of their Internet businesses including, without limitation,
the rights to: copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat your Submission; and
to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission,
as provided herein. BACHELORETTE is under no obligation to post or use any
Submission you may provide and may remove any Submission at any time
in BACHELORETTE's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission
you warrant and represent that you own or otherwise control all of the
rights to your Submission as described in this section including, without
limitation, all the rights necessary for you to provide, post, upload,
input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE BACHELORETTE WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BACHELORETTE
AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE BACHELORETTE
WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE BACHELORETTE WEB SITE SHOULD
NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS
AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE
TAILORED TO YOUR SITUATION.
BACHELORETTE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE BACHELORETTE
WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION
OF ANY KIND. BACHELORETTE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
BACHELORETTE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF
THE BACHELORETTE WEB SITE, WITH THE DELAY OR INABILITY TO USE THE BACHELORETTE WEB
SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES,
OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE BACHELORETTE WEB SITE, OR OTHERWISE ARISING OUT OF THE
USE OF THE BACHELORETTE WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN IF BACHELORETTE OR ANY OF ITS SUPPLIERS
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF
YOU ARE DISSATISFIED WITH ANY PORTION OF THE BACHELORETTE WEB SITE, OR WITH
ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE BACHELORETTE WEB SITE.
SERVICE CONTACT : info@bachelorette.co.za
TERMINATION/ACCESS RESTRICTION
BACHELORETTE reserves the right, in its sole discretion, to terminate your
access to the BACHELORETTE Web Site and the related services or any portion
thereof at any time, without notice. GENERAL To the maximum extent permitted
by law, this agreement is governed by the laws of the State of Washington,
U.S.A. and you hereby consent to the exclusive jurisdiction and venue
of courts in King County, Washington, U.S.A. in all disputes arising
out of or relating to the use of the BACHELORETTE Web Site. Use of the BACHELORETTE
Web Site is unauthorized in any jurisdiction that does not give effect
to all provisions of these terms and conditions, including without limitation
this paragraph. You agree that no joint venture, partnership, employment,
or agency relationship exists between you and BACHELORETTE as a result of
this agreement or use of the BACHELORETTE Web Site. BACHELORETTE's performance of
this agreement is subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of BACHELORETTE's right to comply
with governmental, court and law enforcement requests or requirements
relating to your use of the BACHELORETTE Web Site or information provided
to or gathered by BACHELORETTE with respect to such use. If any part of this
agreement is determined to be invalid or unenforceable pursuant to applicable
law including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision
will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder
of the agreement shall continue in effect. Unless otherwise specified
herein, this agreement constitutes the entire agreement between the
user and BACHELORETTE with respect to the BACHELORETTE Web Site and it supersedes
all prior or contemporaneous communications and proposals, whether electronic,
oral or written, between the user and BACHELORETTE with respect to the BACHELORETTE
Web Site. A printed version of this agreement and of any notice given
in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same extent
an d subject to the same conditions as other business documents and
records originally generated and maintained in printed form. It is the
express wish to the parties that this agreement and all related documents
be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the BACHELORETTE Web Site are: Copyright 2006 BACHELORETTE and/or
its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be
the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted
herein are fictitious. No association with any real company, organization,
product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
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