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AGREEMENT BETWEEN USER AND Braces Bling
Bling
The Braces Bling Bling
Web Site is comprised of various Web pages operated by Braces Bling Bling.
The Braces Bling Bling
Web Site is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein. Your use
of the Braces Bling Bling
Web Site constitutes your agreement to all such terms, conditions, and
notices.
MODIFICATION OF
THESE TERMS OF USE
Braces Bling Bling
reserves the right to change the terms, conditions, and notices under which
the Braces Bling Bling
Web Site is offered, including but not limited to the charges associated with
the use of the Braces Bling Bling
Web Site.
LINKS TO THIRD
PARTY SITES
The Braces Bling Bling Web
Site may contain links to other Web Sites ("Linked Sites"). The
Linked Sites are not under the control of Braces Bling
Bling and Braces Bling Bling 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. Braces Bling
Bling is not responsible for webcasting
or any other form of transmission received from any Linked Site. Braces Bling Bling is providing these
links to you only as a convenience, and the inclusion of any link does not
imply endorsement by Braces Bling Bling of the site or any association with its operators.
NO UNLAWFUL OR
PROHIBITED USE
As a condition of your use of the Braces Bling Bling Web Site, you warrant to Braces Bling
Bling that you will not use the Braces Bling Bling Web Site for any
purpose that is unlawful or prohibited by these terms, conditions, and
notices. You may not use the Braces Bling Bling Web Site in any manner which could damage, disable,
overburden, or impair the Braces Bling Bling Web Site or interfere with any other party's use
and enjoyment of the Braces Bling Bling 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 Braces Bling Bling Web Sites.
USE OF
COMMUNICATION SERVICES
The Braces Bling Bling 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.
Braces Bling Bling has no obligation to monitor the Communication
Services. However, Braces Bling Bling
reserves the right to review materials posted to a Communication Service and
to remove any materials in its sole discretion. Braces Bling
Bling reserves the right to terminate your access to
any or all of the Communication Services at any time without notice for any
reason whatsoever.
Braces Bling Bling 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 Braces Bling Bling
sole discretion.
Always use caution when giving out any personally identifying information
about yourself or your children in any Communication Service. Braces Bling Bling does not control or
endorse the content, messages or information found in any Communication
Service and, therefore, Braces Bling Bling 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 Braces Bling Bling spokespersons, and
their views do not necessarily reflect those of Braces Bling
Bling.
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 Braces Bling Bling OR
POSTED AT ANY Braces Bling Bling
WEB SITE
Braces Bling Bling does
not claim ownership of the materials you provide to Braces Bling Bling (including feedback
and suggestions) or post, upload, input or submit to any Braces Bling Bling Web Site or its
associated services (collectively "Submissions"). However, by
posting, uploading, inputting, providing or submitting your Submission you
are granting Braces Bling Bling,
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. Braces Bling Bling
is under no obligation to post or use any Submission you may provide and may
remove any Submission at any time in Braces Bling Bling 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 Braces Bling Bling
WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN. Braces Bling
Bling AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THE Braces Bling Bling WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Braces
Bling Bling 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.
Braces Bling Bling 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 Braces Bling Bling 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. Braces Bling Bling 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 Braces Bling Bling 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 Braces Bling Bling WEB SITE, WITH THE
DELAY OR INABILITY TO USE THE Braces Bling Bling 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 Braces Bling
Bling WEB SITE, OR OTHERWISE ARISING OUT OF THE USE
OF THE Braces Bling Bling
WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF Braces Bling Bling
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 Braces Bling Bling WEB SITE, OR WITH
ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE Braces Bling Bling WEB SITE.
SERVICE CONTACT : gregg@wsiqualitysolutions.com
TERMINATION/ACCESS
RESTRICTION
Braces Bling Bling reserves
the right, in its sole discretion, to terminate your access to the Braces Bling Bling 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 Braces Bling
Bling Web Site. Use of the Braces Bling Bling 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 Braces Bling Bling as a result of this agreement or use of the Braces Bling Bling Web Site. Braces Bling Bling performance of this
agreement is subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of Braces Bling
Bling right to comply with governmental, court and
law enforcement requests or requirements relating to your use of the Braces Bling Bling Web Site or
information provided to or gathered by Braces Bling
Bling 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 Braces Bling Bling with respect to the
Braces Bling Bling Web
Site and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between the user and Braces Bling Bling with respect to the
Braces Bling Bling 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 Braces Bling Bling Web Site are: Copyright 2007 by WSI, Inc. 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.
NOTICES AND
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement under United States copyright law
should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT
RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO
RESPONSE. See Notice and Procedure for Making Claims of Copyright
Infringement.
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