365 Days of Dominance Web Site Agreement
The 365 Days of Dominance Web Site (the "Site") is an online
information service, subject to your compliance with the terms and
conditions set forth below. please read this document carefully
before accessing or using the site. by accessing or using the
site, you agree to be bound by the terms and conditions set forth
below. if you do not wish to be bound by these terms and
conditions, you may not access or use the site. 365 Days of
Dominance may modify this agreement at any time, and such
modifications shall be effective immediately upon posting of the
modified agreement on the site. you agree to review the agreement
periodically to be aware of such modifications and your continued
access or use of the site shall be deemed your conclusive
acceptance of the modified agreement.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international
copyright and trademark laws. The owner of the copyrights and
trademarks are 365 Days of Dominance, its affiliates or other
third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE,
REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER,
THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR
SOFTWARE. You may print and download portions of material from the
different areas of the Site solely for your own non-commercial use
provided that you agree not to change or delete any copyright or
proprietary notices from the materials. You agree to grant to 365
Days of Dominance a non-exclusive, royalty-free, worldwide,
perpetual license, with the right to sub-license, to reproduce,
distribute, transmit, create derivative works of, publicly display
and publicly perform any materials and other information
(including, without limitation, ideas contained therein for new or
improved products and services) you submit to any public areas of
the Site (such as bulletin boards, forums and newsgroups) or by
e-mail to 365 Days of Dominance by all means and in any media now
known or hereafter developed. You also grant to 365 Days of
Dominance the right to use your name in connection with the
submitted materials and other information as well as in connection
with all advertising, marketing and promotional material related
thereto. You agree that you shall have no recourse against 365
Days of Dominance for any alleged or actual infringement or
misappropriation of any proprietary right in your communications
to 365 Days of Dominance.
TRADEMARKS
Publications, products, content or services referenced herein or
on the Site are the exclusive trademarks or servicemarks of 365
Days of Dominance. Other product and company names mentioned in
the Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products or services
clearly identified as being supplied by 365 Days of Dominance, 365
Days of Dominance does not operate, control or endorse any
information, products or services on the Internet in any way.
Except for 365 Days of Dominance- identified information, products
or services, all information, products and services offered
through the Site or on the Internet generally are offered by third
parties, that are not affiliated with 365 Days of Dominance a. You
also understand that 365 Days of Dominance cannot and does not
guarantee or warrant that files available for downloading through
the Site will be free of infection or viruses, worms, Trojan
horses or other code that manifest contaminating or destructive
properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements
for accuracy of data input and output, and for maintaining a means
external to the Site for the reconstruction of any lost data.
You assume total responsibility and risk for your use of the site
and the internet. 365 Days of Dominance provides the site and
related information "as is" and does not make any express or
implied warranties, representations or endorsements whatsoever
(including without limitation warranties of title or
noninfringement, or the implied warranties of merchantability or
fitness for a particular purpose) with regard to the service, any
merchandise information or service provided through the service or
on the internet generally, and 365 Days of Dominance shall not be
liable for any cost or damage arising either directly or
indirectly from any such transaction. It is solely your
responsibility to evaluate the accuracy, completeness and
usefulness of all opinions, advice, services, merchandise and
other information provided through the service or on the internet
generally. 365 Days of Dominance does not warrant that the service
will be uninterrupted or error-free or that defects in the service
will be corrected.
You understand further that the pure nature of the internet
contains unedited materials some of which are sexually explicit or
may be offensive to you. Your access to such materials is at your
risk. 365 Days of Dominance has no control over and accepts no
responsibility whatsoever for such materials.
Limitation of liability
In no event will 365 Days of Dominance be liable for (i) any
incidental, consequential, or indirect damages (including, but not
limited to, damages for loss of profits, business interruption,
loss of programs or information, and the like) arising out of the
use of or inability to use the service, or any information, or
transactions provided on the service, or downloaded from the
service, or any delay of such information or service. Even if 365
Days of Dominance or its authorized representatives have been
advised of the possibility of such damages, or (ii) any claim
attributable to errors, omissions, or other inaccuracies in the
service and/or materials or information downloaded through the
service. Because some states do not allow the exclusion or
limitation of liability for consequential or incidental damages,
the above limitation may not apply to you. In such states, 365
Days of Dominance liability is limited to the greatest extent
permitted by law.
365 Days of Dominance makes no representations whatsoever about
any other web site which you may access through this one or which
may link to this Site. When you access a non- 365 Days of
Dominance web site, please understand that it is independent from
365 Days of Dominance, and that 365 Days of Dominance has no
control over the content on that web site. In addition, a link to
a 365 Days of Dominance web site does not mean that 365 Days of
Dominance endorses or accepts any responsibility for the content,
or the use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless 365 Days of
Dominance, its officers, directors, employees, agents, licensors,
suppliers and any third party information providers to the Service
from and against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any violation
of this Agreement (including negligent or wrongful conduct) by you
or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3
(Indemnification) are for the benefit of 365 Days of Dominance and
its officers, directors, employees, agents, licensors, suppliers,
and any third party information providers to the Service. Each of
these individuals or entities shall have the right to assert and
enforce those provisions directly against you on its own behalf.
5. Term; Termination.
This Agreement may be terminated by either party without notice at
any time for any reason. The provisions of paragraphs 1
(Copyright, Licenses and Idea Submissions), 2 (Use of the
Service), 3 (Indemnification), 4 (Third Party Rights) and 6
(Miscellaneous) shall survive any termination of this Agreement.
6. Miscellaneous.
This Agreement shall all be governed and construed in accordance
with the laws of USA applicable to agreements made and to be
performed in USA. You agree that any legal action or proceeding
between 365 Days of Dominance and you for any purpose concerning
this Agreement or the parties' obligations hereunder shall be
brought exclusively in a federal or state court of competent
jurisdiction sitting in USA . Any cause of action or claim you may
have with respect to the Service must be commenced within one (1)
year after the claim or cause of action arises or such claim or
cause of action is barred. 365 Days of Dominance 's failure to
insist upon or enforce strict performance of any provision of this
Agreement shall not be construed as a waiver of any provision or
right. Neither the course of conduct between the parties nor trade
practice shall act to modify any provision of this Agreement. 365
Days of Dominance may assign its rights and duties under this
Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.