By accessing this site and affiliated Websites
(hereafter "Websites"), you are agreeing to these Terms
and Conditions of Use.
1. Parties To This Agreement And Consideration
The parties to this Agreement (the "Agreement") are You,
(the "User"), and Terb Communications(the "Company").
As used in this Agreement, the terms "we" and "us"
are used interchangeably to refer to the Company and the Websites;
the term "You" and "Your" is used to refer to
You, the User.
1.1 By accessing the materials at Websites and
for other good and valuable consideration, the sufficiency of which
is acknowledged by You and the Company, You hereby agree to be bound
by all the terms and conditions set forth in this Agreement.
1.2 Subject to Your acceptance of the terms and
conditions set forth in this Agreement, The Company agrees to grant
you a limited personal non-transferable right to access the contents
of this website and affiliated sites operated by the Company.
1.3 This Agreement is subject to change by the
Company at any time and changes shall become effective upon notice
to USERS by posting at or via hyperlink to the Websites. You may
not alter, delete, add or change or edit any of these terms and
conditions, and any such attempted alteration shall be void and
of no effect.
1.4 Any action on Your part to Bookmark to a page
on this Websites whereby the Warning Page, the Age Verification
an implicit acceptance by You of all the Terms and Conditions set
forth herein as well as an explicit acknowledgement by You of the
fact that You are an adult and at least 18 years if age or of the
age of majority under the laws of Your state, province or country.
2. User Verification
ALL MATERIALS, INCLUDING MESSAGES, AND OTHER COMMUNICATIONS, CONTAINED
AT THE WEBSITES ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING
ADULTS IN LOCATIONS WHERE THE MATERIALS, MESSAGES AND OTHER COMMUNICATIONS
CONTAINED AT THE WEBSITES DO NOT VIOLATE ANY COMMUNITY STANDARDS
OR ANY FEDERAL, STATE OR LOCAL LAW OR REGULATION OF THE UNITED STATES
OR ANY OTHER COUNTRY. NO PERSONS UNDER THE AGE OF EIGHTEEN (18)
YEARS (TWENTY-ONE (21) IN PLACES WHERE EIGHTEEN YEARS IS NOT THE
AGE OF MAJORITY) MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY
OF THE CONTENTS OF THE WEBSITES OR PLACE ANY ORDERS FOR ANY GOODS
OR SERVICES postD AT OR IN THE WEBSITES.
2.1 YOU HEREBY ACKNOWLEDGE AND REPRESENT THAT YOU KNOW AND UNDERSTAND
THAT THE MATERIALS PRESENTED AT, AND/OR DOWNLOADABLE FROM, THE WEBSITES
INCLUDE EXPLICIT VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONS OF NUDITY
AND SEXUAL ACTIVITIES, INCLUDING WITHOUT LIMITATION, HETEROSEXUAL,
BI-SEXUAL, HOMOSEXUAL, AND TRANSSEXUAL ACTIVITIES OF AN EXPLICIT
SEXUAL NATURE; THAT YOU ARE FAMILIAR WITH MATERIALS OF THIS KIND;
THAT YOU ARE NOT OFFENDED BY SUCH MATERIALS; AND THAT BY AGREEING
TO THESE TERMS AND CONDITIONS YOU ARE WARRANTING TO THE COMPANY
THAT YOU ARE INTENTIONALLY AND KNOWINGLY SEEKING ACCESS TO SUCH
EXPLICIT SEXUAL MATERIALS FOR YOUR OWN PERSONAL VIEWING.
2.2 YOU FURTHER REPRESENT AND WARRANT THAT YOUR
ACCEPTANCE OF THESE TERMS AND CONDITIONS CONSTITUTES AN UNEQUIVOCAL
REQUEST ON YOUR PART TO RECEIVE SEXUALLY EXPLICIT MATERIAL VIA THE
WEBSITES AND THAT YOU HAVE NOT NOTIFIED ANY GOVERNMENTAL AGENCY
THAT YOU DO NOT WISH TO RECEIVE SEXUALLY ORIENTED MATERIAL.
2.3 YOU FURTHER REPRESENT, AFFIRM AND WARRANT THAT
YOU ARE CURRENTLY OVER THE AGE OF EIGHTEEN YEARS (TWENTY-ONE (21)
IN PLACES WHERE EIGHTEEN YEARS IS NOT THE AGE OF MAJORITY) AND ARE
CAPABLE OF LAWFULLY ENTERING INTO THIS AGREEMENT.
3. User's Code Of Conduct
You agree, warrant and covenant to use the Websites in accordance
with the following Code of Conduct and You agree and acknowledge
that in our sole discretion we may, but are under no obligation
to reject or delete any materials posted or uploaded by You which
violates any of the following provisions, and/or to terminate Your
right to use or access the Websites for violating these provisions:
3.1 You will not use the Websites 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 Websites which contain
libelous, slanderous, abusive or defamatory statements, or racist,
obscene or offensive language.
3.2 You will not use the Websites to infringe the
privacy rights, property rights, or other civil rights of any person;
3.3 You will not post messages or use the Websites
in any way which (i) violates, plagiarizes or infringes upon the
rights of any third party, including but not limited to any copyright
or trademark law, privacy or other personal or proprietary rights,
or (ii) is fraudulent or otherwise unlawful or violates any law.
4. Grant Of Limited License With Reservations
You acknowledge and agree that all materials contained at the Websites
are proprietary and constitute valuable copyright, trademark and
other intellectual property owned by the Company or others who have
licensed or authorized use of such materials to the Company. You
acknowledge and agree that as such You may only access, view, download,
receive and otherwise use the materials available at the Websites
only as authorized by the Company.
4.1 You acknowledge that You understand that the
Company does not authorize access to any part of the Websites in
any manner contrary to the express provisions of this Agreement.
4.2 You further represent and warrant to the Company
that Your agreement to these terms and conditions constitutes an
agreement that You shall not access, or attempt to access, any materials
available at the Websites in a manner not expressly authorized by
the Company. You agree and warrant that You shall at no time access,
view, download, receive or otherwise use, or cause or enable others
to access, view, download, receive or otherwise use materials, directly
or indirectly in places which the Company does not authorize such
access, viewing, downloading, receipt or other use.
4.3 You hereby acknowledge that You understand
that the Company does not authorize the accessing, viewing, downloading,
duplication, receiving, transmission, broadcasting or other use
of the materials contained on the Websites to or by any person,
INCLUDING YOU, who is located in any of the areas designated as
PROHIBITED AREAS below.
4.4 You hereby acknowledge and agree that Company
does not authorize access to any parts of the Websites in any manner
which bypasses this Agreement. You further acknowledge and agree
that You may not "bookmark" photographs or other materials
inside the Websites or directly access files designated as part
of the Websites except through appropriate authorization pages as
specified by the Company and You further agree that You shall not
attempt to do so.
4.5 You further acknowledge that You understand
and agree that any and all unauthorized access, viewing, downloading,
receipt, duplication or other use of materials from the Websites
in violation of the terms and conditions set forth herein, in which
You are directly or indirectly involved, including, but not limited
to accessing, viewing, downloading, receiving or other unauthorized
use of materials in PROHIBITED AREAS in any manner, shall constitute
intentional infringement(s) of the Company's and potentially others'
intellectual property rights and other rights in such materials
and shall further constitute a violation of Company's trademark
and other rights, including, but not limited to, rights of privacy.
5. Parties To This Agreement And Consideration
All of the following areas constitute PROHIBITED AREAS from which
no part of the Websites may be accessed, viewed, downloaded or otherwise
5.1. All parts of the following countries: Afghanistan,
Kuwait, Iran, Iraq, Japan, Jordan, Libya, Pakistan, The Republic
of China, Singapore, Saudi Arabia, Syria, The United Arab Emirates;
5.2. All parts of every other geophysical place
or jurisdiction corresponding to a political entity or part thereof
in which the access, viewing, downloading, dissemination of, or
other use of the materials contained in the Websites would constitute
a violation of any law, regulation, rule or custom, including the
contemporary community standards of that jurisdiction with respect
to the viewing, accessing or other use by adults of materials which
consist of graphic, sexually explicit content.
6. Indemnification For Unauthorized Use Of Proprietary Materials
You agree to be personally liable and fully indemnify the Company
and its successors and assigns for any and all damages directly,
indirectly and/or consequentially resulting from any attempted or
actual unauthorized downloading or other duplication of materials
from the Websites 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 unauthorized downloading of materials from the Websites including,
but not limited to, damages resulting from loss of revenue, loss
of property, fines, attorney's fees and costs, including, without
limitation, damages resulting from prosecution and/or governmentally
imposed seizure(s), forfeiture(s), and/or injunction(s).
7. Limited Grant Of License
Subject to all the terms and conditions set forth herein, the Company
hereby grants You a limited, non-exclusive and non-transferable
license to use view photos, text, hyperlinks, interlinks, search
engines, and other software ("Materials") associated with
authorized use of the Websites which Company provides during the
period in which You are a current User in good standing. You may
use the Materials only in accordance with these terms and conditions
of Use. You may not remove any propriety notices from Materials
at any time. You may make no use of Materials not expressly authorized
herein or by prior express written authorization from Company. Prohibited
uses, include, without limitation: (1) permitting other individuals
to directly or indirectly use the Materials; (2) modifying, translating,
reverse engineering, decompiling, disassembling the Materials (except
to the extent applicable laws specifically prohibit such restriction);
(3) making copies or creating derivative works based on the Materials
except as provided herein; (4) renting, leasing, or transferring
any rights in the Materials; (5) removing any proprietary notices,
including copyright and trademark notices, or labels on the Materials;
and (6) making any other use of the Materials not specifically authorized
by the Company. This license does not grant You any rights to any
software enhancements or updates of any kind. For the purpose of
this paragraph, a "User in good standing" is a User who
has not violated any of the Terms and Conditions of Use of this
8. Company's Proprietary Rights To Content
Except for public domain material or material otherwise licensed
to or authorized for use by Company for electronic dissemination,
all Materials displayed at or otherwise available through the Websites
are proprietary, and, may not be copied, redistributed, or downloaded,
in whole or in part, without the prior written authorization of
Company. All editions of the Websites, and all Materials and other
matter used directly or indirectly in, at, by, through and/or with
the Websites are protected by the copyright laws of the United States,
international copyright treaties and other laws and regulations.
All rights are reserved. All intellectual property and other rights
in and to the Materials and other matter at the Websites shall at
all times remain in Company, its parent(s), subsidiary(ies), licensee(s)
and assign(s). All intellectual property and other rights in and
to any intellectual property content accessed through the Materials
is the property of the applicable content owner, which may be the
Company, its parent(s), subsidiary or subsidiaries, licensee(s)
and assign(s), or others, and may be protected by applicable copyright
and/or other laws. The limited and non-exclusive license granted
to You herein grants to You no rights to use such content except
as set forth herein. This license will immediately terminate automatically
if You fail to comply with the limitations described herein, breach
any other provision of this Agreement, cease, for any reason, to
be a User in good standing, or are notified of its termination by
the Company or its authorized agent(s). You agree that upon such
termination, You will immediately destroy all copies of the Materials
in Your possession. For the purpose of this paragraph, a "User
in good standing" is a User who has not violated any of the
Terms and Conditions of Use of this website.
9. Limitations On Company's Liability
9.1 You acknowledge and agree that Company shall not be held responsible
in any way for the outcome of any contact or meeting, whether in
person, by telephone or any other means, resulting from postments
placed or responded to, or messages or communications sent or received
by Users or posters through the Websites, or through any use,
directly or indirectly, of the Websites. You further acknowledge
and agree that the Websites does not screen any Users or posters
of the Websites, has no control over their actions and makes no
representations or warranties with respect to the character, veracity,
age, health or any other attribute of Users of the Websites, including
any person who places postments in the Websites; You further
acknowledge and agree that the Websites does not endorse, encourage,
recommend or arrange communications or meetings among Users of the
Websites, or any other persons, and You are expected to use common
sense and take appropriate measures and precautions to insure Your
own personal safety and privacy in the event that You choose to
communicate with, or meet with any person with whom you have communicated
through the use of the public areas or chat areas of the Websites,
or through postments posted on the Websites.
9.2 You agree that Materials and all other services
provided to You by Company are provided on an "AS IS"
basis, without warranties of any kind, including without limitation
the warranties of merchantability, fitness for a particular purpose
and non-infringement. The entire risk as to the quality and performance
of the Materials and all services provided by Company is borne by
You. Should the Materials or any other service provided by Company
prove defective and/or cause any damage to Your computer or inconvenience
to You, You, and not Company, assume the entire cost and all damages
which may result from any and all such defects. Under no circumstances
and under no cause of action or legal theory, shall Company, its
suppliers, licensees, resellers, or other Users or their suppliers,
licensees, resellers or Users 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 Websites, or from any use of Materials
or from any use of the Websites whatsoever. This disclaimer of warranty
constitutes an essential part of the Agreement. Some states do not
allow exclusions of an implied warranty, so this disclaimer may
not apply to You and You may have other legal rights that vary from
state to state or by jurisdiction.
9.3 Any liability of Company, 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, tortious
behavior, negligence, or under any other cause or action, shall
be strictly limited to the amount of viewing fee (if any) paid by
or on behalf of the User to Company for the preceding month. Some
states do not allow the limitation or exclusion of liability for
incidental or consequential damages, so the above limitation or
exclusion may not apply to You.
9.4 Company is not liable for damages resulting
from disseminating, failing to disseminate, or incorrectly or inaccurately
disseminating any Materials, data, postment or other communication
at or through the Websites.
9.5 No warranty is made by Company regarding any
information, services, Materials or products provided through or
in connection with the Websites, and Company hereby expressly disclaims
any and all warranties, including without limitation: 1) any warranties
as to the availability, accuracy, or content of Materials, information,
products, or services; 2) any warranties of merchantability or fitness
for a particular purpose. Some states do not allow the exclusion
of implied warranties, so the above exclusion may not apply to You.
9.6 You acknowledge that use of the Websites is
at Your own risk. We do not represent or endorse
the accuracy of reliability of any advice, opinion, statement or
other information displayed, uploaded or distributed through the
Websites or by a User of the Websites or any other person or entity.
10. Disclaimer Regarding Third Party Content/Limitation
10.1 You acknowledge that You understand that we are not responsible
for, nor can we control, the use by others of any information which
You provide to them through the Websites, or otherwise, and that
You have been advised that You should use caution in selecting the
personal information You provide to others through the Websites;
10.2 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
through the Internet and Your email messages, and that You release
us from any and all liability in connection with the use or misuse
of such information by other parties;
10.3 You further acknowledge that You understand
that we do not control the content of any information, messages,
communication or other materials posted or uploaded by Users of
the Websites, including without limitation all posters, and
that consequently You release us from any and all liability and
responsibility in connection with the content of any information,
messages, communication or other materials You may receive from
other Users of the Websites.
10.4 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
Websites, including without limitation all posters, and that
consequently You release us 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
10.5 You further acknowledge that You understand
that we do screen, endorse, monitor, control, investigate, supervise
or verify any postments or communications submitted to the
Websites by third-party licensees, posters, or Users for electronic
dissemination through the Websites. All Users of the Websites are
therefore cautioned and advised to use their own judgment to evaluate
all postments and other communications available at or through
the use of the Websites prior to purchasing goods and/or services
described at the Websites or otherwise responding to any communication
at the Websites.
10.6 Some of the content of the Websites might
be accessed by You via hyperlinks which will connect You to third-parties,
or to third-party Websites that may provide content to the Websites.
We have no editorial control or supervision over selection or display
of the content provided by those third parties or those third-party
Websites and those parties are solely responsible and liable for
11. Inappropriate Use Of Chat Or Public Areas Use Of Proprietary
If the Websites enables Users to share information with other Users
through the use of Chat rooms, Public Areas or other means of communication
among Users, You agree and warrant that You shall not submit, publish,
or display on the Websites any material which is infringing, defamatory,
libelous or otherwise unlawful, or any material deemed obscene,
lewd, excessively violent, harassing or otherwise objectionable.
You further agree to indemnify the Company and its representatives
for any claims or suits arising from Your use of this Websites in
violation of this agreement and warranty.
11.1 Although we do not assume the duty or obligation to monitor
any messages or other materials posted or uploaded to the Websites
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 Websites by third parties,
including You, at any time without prior notice to ensure that they
conform to any content guidelines or policies of the Websites which
may be applicable from time to time.
11.2 Although we do not assume the duty or obligation
to monitor any messages, postments or other materials posted
or uploaded to the Websites 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 postments and public postings, without notice, that
we, in our sole discretion, deem to violate the Code of Conduct
of the Websites or any applicable content guidelines adopted from
time to time by the Websites, or to be otherwise unacceptable.
11.3 You acknowledge and agree that You shall remain
solely responsible for the content of messages and other materials
You may upload to the Websites or Users of the Websites and that
we may, in our sole discretion, terminate or suspend Your access
to all or part of the Websites at any time, with or without notice,
for any reason, including, without limitation, breach of this Agreement.
Without limiting the generality of the foregoing, any fraudulent,
abusive, or otherwise illegal activity may be grounds for termination
of Your access to all or part of the Websites at our sole discretion,
and You may be referred to appropriate law enforcement agencies.
11.4 You acknowledge and agree that You are solely
responsible for any information You send, display, or receive through
the Websites even if a claim should arise after termination of service.
12. Communications In Chat Room Or Public
Areas Not Private
You further acknowledge and agree that all messages or content posted
by You or others in any Chat rooms or public areas which may be
provided on the Websites shall be deemed to be readily accessible
to the general public and consequently should not be considered
private or confidential. Consequently, You should not use the Websites
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 Websites can and may be read by the operators of the Site,
whether or not they are the intended recipient(s).
13. Venue And Jurisdiction
This Agreement shall be governed by and construed under the laws
of the Province of Ontarion and Canada.
14. Private Use Of Materials
All materials included at the Websites are for the private use by
authorized Users only. No other uses are intended by the Company
and any other use is strictly prohibited by the Company and will
constitute a violation of its limited license and authorization
15. Disclosure And Other Communication
We reserve the right to send electronic mail to You, for the purpose
of informing You of changes or additions to the Websites, or of
any of our related products and services. We reserve the right to
disclose information about Your usage of the Websites and demographics
in forms that do not reveal Your personal identity. We do not collect,
sell, trade, or give away any personal information in any way. Our
site may set cookies on your computer to facilitate your navigation
while on our site. These cookies are never used for any other purpose.
Our sites may contain links to other sites. We are not responsible
for the privacy practices, content or lawfulness of the linking
16. Your Consent To Receive Email Communications
You hereby grant us the right, from time to time, at our discretion
to send You commercial, posting or informational emails at Your
email address. You acknowledge that we may rely upon Your viewing
of the Websites as Your permission to us to send You such emails.
Furthermore, You grant us the right to continue to send You such
emails until You specifically notify us that You wish us to stop
sending You said emails.
17. Liability Of Users For Information
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 any kind of service
to Users, or to post information at, in or on the Websites. 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, inaccurate, abusive, threatening,
offensive, fraudulent 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 Websites.
17.1 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 Websites even if a claim for damages or
liability should arise after termination of service.
17.2 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
who are authorized to access the Websites 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 Websites can be read
by the operators and/or other agents of Company, whether or not
they are the intended recipient(s).
18. Notices To Company Or Users
Notices from the Websites to authorized Users may be given by means
of electronic messages or by general posting on the Websites. Communications
from You to the Company may be made by electronic messages or conventional
mail, unless otherwise specified in the Agreement.
18.1 All questions, complaints, and notices to
Company by means of electronic mail must be sent to Customer Service
19. Entire Agreement
This Agreement contains the entire agreement between the authorized
User and Company regarding use of the Websites, and all materials
directly and indirectly related thereto. This Agreement supersedes
all prior written and oral understandings, writings, and representations
and may only be amended upon notice by Company.
19.1 You acknowledge and agree that the terms and
conditions of this Agreement are subject to change by Company at
any time and shall be effective after notice to Users by posting
at or via hyperlink to the Websites.
20. Unenforceability Of Provisions
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. Unless otherwise explicitly stated,
the provisions of this Agreement shall survive its termination.