Xpersuasions.com Terms and Conditions
Agreement
Welcome to
Xpersuasions.com, a service of Invisible Sun
Entertainment Group, Inc. This page states the "Terms
and Conditions" under which you may use Xpersuasions.com
(the "Web Site"). Please read this page carefully. If
you do not accept the Terms and Conditions stated here,
do not use this web site and service. By using this web
site, you are indicating your acceptance to be bound by
the terms of these Terms and Conditions. Invisible Sun
Entertainment Group, Inc. (the "Company") may revise
these Terms and Conditions at any time by updating this
posting. You should visit this page periodically to
review the Terms and Conditions, because they are
binding on you. The terms "You" and "User" as used
herein refer to all individuals and/or entities
accessing this web site for any reason.
1. Basic Agreement.
This Web site
is provided as a venue to enable individuals seeking
work in the adult entertainment industry to present
resumes, pictures and other relevant information, and
for potential employers or businesses to locate,
evaluate and interact with such job seeking individuals
with such interaction potentially resulting in an
employment or other business opportunities between the
parties.
2. Eligibility.
You must be
eighteen (18) years old or over to use or view the Web
Site. Use of the service is void where prohibited. By
using and/or viewing the Web Site, you represent and
warrant that you have the right, authority, and capacity
to enter into this agreement and to abide by all of the
Terms and Conditions of this agreement and that you are
at least 18 years old (21 years old in AL, MS, NE, WY,
and any other location where 18 is not the age of
majority) and you are interested in and wish to have
access to visual images, verbal and written descriptions
and audio sounds of a sexually oriented, and frankly
erotic nature.
3. 18
U.S.C. Section 2257 Compliance Notice.
Visual
depictions of sexually explicit conduct are not
permitted on the Web Site, nor are visual depictions of
persons under eighteen (18) years of age. The Company
does not produce any visual depictions of sexually
explicit conduct, nor of persons under eighteen (18)
years of age. Moreover, the Company does not allow any
visual depictions of sexually explicit conduct, nor of
persons under eighteen (18) years of age to be posted to
the Web Site.
As specified in
18 U.S.C § 2256 (2) (A) through (E), "sexually explicit
conduct" means actual or simulated:
(A) sexual intercourse, including genital-genital,
oral-genital, anal-genital, or oral-anal, whether
between persons of the same or opposite sex;
(B) bestiality;
(C) masturbation;
(D) sadistic or masochistic abuse; or
(E) lascivious exhibition of the genitals or pubic area
of any person.
All visual
depictions displayed on the Web Site are exempt from the
provision of 18 U.S.C. § 2257 and C.F.R. 75 because said
visual depictions do not consist of depictions of
conduct as specifically listed in 18 U.S.C § 2256 (2)
(A) through (E).
Any attempt by
a user to post visual depictions of sexually explicit
conduct and/or of persons under eighteen (18) years of
age will result in deletion of your postings from this
Web Site, as well as possible termination of your
registration with or ability to access this Web Site
and/or any other service provided to you by the Company.
Please
contact us by email
or at the address below if you are aware of or have any
questions about depictions of sexually explicit conduct
and/or of persons under eighteen (18) years of age on
the Web Site:
Invisible Sun
Entertainment Group, Inc.
12750 Jefferson Davis Hwy #211 Chester Va 23831
4. Site
Blocking Information.
This Web Site
is labeled with the Internet Content Rating Association
(ICRA) as a site that contains nudity and sexual
material. The ICRA label allows search engines and
filtering software to block access to the Web Site by
children and other individuals who do not want to view
sexually oriented material. The Web Site may also be
blocked through one of the following links:
http://www.cybersitter.com
http://www.cyberpatrol.com
http://www.surfwatch.com
http://www.netnanny.com
If you have any
trouble blocking access to this site, or require further
information or assistance, you may contact the Company
by
sending an e-mail.
Please provide your telephone number in your e-mail
message. (The preceding four links are provided for
information purposes only and are not intended as an
endorsement. The Company is not affiliated with any of
these sites.)
5. User
Submissions.
As a user, you
are responsible for your own communications and are
responsible for the consequences of their posting. You
must not, and by using the Web Site you agree not to, do
the following things: post material that is copyrighted,
unless you are the copyright owner or have the
permission of the copyright owner to post it; post
material that reveals trade secrets, unless you own them
or have the permission of the owner; post material that
infringes on any other intellectual property rights of
others or on the privacy or publicity rights of others;
post material that is unlawful or that describes
unlawful activity; post visual depictions of sexually
explicit conduct (as defined above in
section 3
); post visual depictions of
persons under eighteen (18) years of age; post links or
URLs leading to web sites with unlawful content; post
material that is obscene, defamatory, threatening,
harassing, abusive, hateful, or embarrassing to another
user or any other person or entity; post advertisements
or solicitations of business, post chain letters or
pyramid schemes; impersonate another person; or post
material that contains viruses, Trojan horses, worms,
time bombs, cancelbots or other computer programming
routines or engines that are intended to damage,
detrimentally interfere with, surreptitiously intercept
or expropriate any system, data or information.
The Company
does not represent or guarantee the truthfulness,
accuracy, or reliability of communications posted by
users or endorse any opinions expressed by users. You
acknowledge that any reliance on material posted by
other users will be at your own risk.
The Company
acts as a passive conduit for the online distribution
and publication of user-submitted information and has no
obligation to screen communications or information in
advance and is not responsible for screening or
monitoring material posted by users. If notified by a
user of communications which allegedly do not conform to
these Terms and Conditions, the Company may investigate
the allegation and determine in good faith and its sole
discretion whether to remove or request the removal of
the communication. The Company has no liability or
responsibility to users for performance or
nonperformance of such activities. The Company reserves
the right to expel users and prevent their further
access to the Web Site for violating the Terms and
Conditions or the law and the right to remove
communications which are abusive, illegal, or
disruptive. The Company may take any action with respect
to user-submitted information that it deems necessary or
appropriate in its sole discretion if it believes it may
create liability for the Company or may cause the
Company to lose (in whole or in part) the services of
its ISPs or other suppliers.
By submitting
content to any public or non-public area of the Web
Site, including message boards, forums, contests and
chat rooms, you grant the Company and its affiliates the
royalty-free, perpetual, irrevocable, sublicenseable
(through multiple tiers), non-exclusive right (including
any moral rights) and license to use, reproduce, modify,
adapt, publish, translate, create derivative works from,
distribute, communicate to the public, perform and
display the content (in whole or in part) worldwide
and/or to incorporate it in other works in any form,
media, or technology now known or later developed, for
the full term of any rights that may exist in such
content. You also warrant that the holder of any rights,
including moral rights in such content, has completely
and effectively waived all such rights and validly and
irrevocably granted to you the right to grant the
license stated above. You also permit any subscriber to
access, display, view, store and reproduce such content
for personal use. Subject to the foregoing, the owner of
such content placed on the Web Site retains any and all
rights that may exist in such content.
Any HTML code
or hyperlinks contained in a job or resume posting
submitted by a user will be disabled when such a
submission is posted on the Web Site.
6.
Representations and Warranties
By using and/or
viewing the Web Site you represent and warrant under
penalty of perjury the following:
(a) That you
are an adult, at least 18 years of age (21 years old in
AL, MS, NE, WY, and any other location where 18 is not
the age of majority).
(b) That you will not permit any person(s) under 18
years of age (21 years old in AL, MS, NE, WY, and any
other location where 18 is not the age of majority) to
have access to any of the materials contained within
this site.
(c) That you understand that when you gain access to the
Web Site, you will be exposed to visual images, verbal
descriptions and audio sounds of a sexually oriented,
frankly erotic nature, which may include graphic visual
depictions and descriptions of nudity and sexual
activity. You are voluntarily choosing to do so, because
you want to view, read and/or hear the various materials
which are available, for your own personal enjoyment,
information and/or education. Your choice is a
manifestation of your interest in sexual matters which,
you believe, is both healthy and normal and which, in
your experience, is generally shared by average adults
in your community. You further represent and warrant
that you are familiar with the standards in your
community regarding the acceptance of such sexually
oriented materials, and the materials you expect to
encounter are within those standards. In your judgement,
the average adult in your community accepts the
consumption of such materials by willing adults in
circumstances such as this which offer reasonable
insulation from the materials for minors and unwilling
adults, and will not find such materials to appeal to a
prurient interest or to be patently offensive.
(d) That you further represent and warrant that you have
not notified any governmental agency, including the U.S.
postal service, that you do not wish to receive sexually
oriented material.
(e) That you represent and warrant that you have not and
will not use and/or view the Web Site in a restricted
location — namely a place, country, or location in which
doing so would, or could be deemed a violation of any
law, regulation, rule, ordinance, edict or custom.
7. Ownership of Web Site Content.
The Company
authorizes you to view and access a single copy of the
content available on or from the Web Site solely for
your personal, noncommercial use.
The contents of
this Web Site, and of all other websites under the
Company’s control, whether partial or otherwise, such as
text, graphics, images, logos, button icons, software
and other Web Site content (collectively, “Web Site
Content”), are protected under both United States and
foreign copyright, trademark and other laws. All Web
Site Content is the property of the Company or its
content suppliers or clients. The compilation (meaning
the collection, arrangement and assembly) of all content
on this Web Site is the exclusive property of the
Company and protected by U.S. and international
copyright laws. Unauthorized use of the Web Site Content
may violate copyright, trademark, and other laws. You
must retain all copyright, trademark, service-mark and
other proprietary notices contained in the original Web
Site Content on any copy you make of the Web Site
Content. You may not sell or modify the Web Site Content
or reproduce, display, publicly perform, distribute, or
otherwise use the Web Site Content in any way for any
public or commercial purpose except as expressly
provided herein. The use of the Web Site Content on any
other web site or in a networked computer environment
for any purpose is prohibited.
You shall not
copy or adapt the HTML code that the Company creates to
generate any Web Site Content or the pages making up the
Web Site. It is also protected by the Company’s
copyright.
8. Specific
Prohibited Uses.
General Rules:
Users may not use the Web Site in order to transmit,
distribute, store or destroy material, including without
limitation Web Site Content, (a) in violation of any
applicable law or regulation, (b) in a manner that will
infringe the copyright, trademark, trade secret or other
intellectual property rights of others or violate the
privacy, publicity or other personal rights of others,
or (c) that is defamatory, obscene, threatening, abusive
or hateful.
Web Site
Security Rules: Users are prohibited from violating or
attempting to violate the security of the Web Site,
including, without limitation, (a) accessing data not
intended for such user or logging into a server or
account which the user is not authorized to access, (b)
attempting to probe, scan or test the vulnerability of a
system or network or to breach security or
authentication measures without proper authorization,
(c) attempting to interfere with service to any user,
host or network, including, without limitation, via
means of submitting a virus to the Web Site,
overloading, "flooding", "spamming", "mailbombing" or
"crashing", (d) sending unsolicited e-mail, including
promotions and/or advertising of products or services,
or (e) forging any TCP/IP packet header or any part of
the header information in any e-mail or newsgroup
posting. Violations of system or network security may
result in civil or criminal liability. The Company will
investigate occurrences which may involve such
violations and may involve, and cooperate with, law
enforcement authorities in prosecuting users who are
involved in such violations.
Additional
Usage Rules: The Web Site may be used only for lawful
purposes by individuals seeking employment and career
information and employers seeking employees. The Company
specifically prohibits any use of the Web Site, and all
users agree not to use the Web Site, for any of the
following:
Posting any
resume with incomplete, false or inaccurate biographical
information; information that describes unlawful
activity; or information which is not your own accurate
resume (living individual seeking employment on a
full-time or part-time basis on his or her own behalf).
Posting any
employment opportunity that is unlawful, contains false
or inaccurate information, or infringes on the rights of
any person or entity.
Posting any
franchise, pyramid scheme, "club membership",
distributorship or sales representative agency
arrangement or other business opportunity which requires
an up front or periodic payment, pays commissions only
(except for postings that make clear that the available
job pays commission only and clearly describes the
product or service that the job seeker would be selling,
in which case such postings are permissible), requires
recruitment of other members, sub-distributors or
sub-agents.
Deleting or
revising any material posted by any other person or
entity.
Using any
device, software or routine to interfere or attempt to
interfere with the proper working of the Web Site or any
activity being conducted on this site.
Taking any
action which imposes an unreasonable or
disproportionately large load on the Web Site’s
infrastructure.
If you have a
password allowing access to a non-public area of this
Web Site, disclosing to or sharing your password with
any third parties or using your password for any
unauthorized purpose.
Notwithstanding
anything to the contrary contained herein, using or
attempting to use any engine, software, tool, agent or
other device or mechanism (including without limitation
browsers, spiders, robots, avatars or intelligent
agents) to navigate or search the Web Site other than
the search engine and search agents available from the
Company on the Web Site and other than generally
available third party web browsers (e.g., Netscape
Navigator, Microsoft Explorer).
Attempting to
decipher, decompile, disassemble or reverse engineer any
of the software comprising or in any way making up a
part of the Web Site.
Aggregating,
copying or duplicating in any manner any of the Web Site
Content or information available from the Web Site.
Framing of or
linking to any of the Web Site Content or information
available from the Web Site.
9.
User Information.
When you
register for the Web Site, you will be asked to provide
the Company with certain information including, without
limitation, a valid email address (your "Information").
In addition to the Terms and Conditions that may be set
forth in any privacy policy on this Web Site, you
understand and agree that the Company may disclose to
third parties, on an anonymous basis, certain aggregate
information contained in your registration application.
The Company will not disclose to any third party your
name, address, e-mail address or telephone number
without your prior consent, except to the extent
necessary or appropriate to comply with applicable laws
or in legal proceedings where such information is
relevant. The Company reserves the right to offer third
party services and products to you based on the
preferences that you identify in your registration and
at any time thereafter; such offers may be made by the
Company or by third parties. Please see the Company’s
Privacy Policy for further details regarding your
Information.
10. Membership, Subscriptions and Billing.
The Web Site
offers various levels of memberships for its users.
Basic membership for jobseekers is free. Basic
membership includes searching jobs, posting of a resume,
accessing jobseeker-related resources, and those areas
the Company may designate as free access areas for
jobseekers. Jobseekers who wish to have upgraded resume
positions may purchase enhanced memberships on a
subscription basis. The Web Site also offers enhanced
memberships on a subscription basis for users who wish
to post job listings and view resumes.
Subscription
fees are provided to users upon registration and may
change from time to time upon electronic notice. Upon
subscription to the Web Site, users shall be subject to
certain immediate and automatically recurring charges
which shall be billed to the user's credit card, unless
the user cancels the subscription under the Terms and
Conditions of this Agreement. The charges which a
subscribing user will incur, and hereby authorize, are
as follows:
(a) All
subscriptions shall renew, automatically and without
notice, for successive periods of equal length to the
initial subscription period, commencing upon the
expiration of the initial subscription, and continuing
thereafter for successive periods of equal length to the
initial subscription period, unless and until this
Agreement is canceled by the subscriber or the Company
in accordance with the terms hereof. Each period shall
be referred to as the "Subscription Period."
(b) The company may, at any time and at its sole
discretion, cancel any subscription.
(c) TO CANCEL AUTOMATIC RENEWAL OF A SUBSCRIPTION AT ANY
TIME, THE SUBSCRIBER MUST NOTIFY THE COMPANY AT LEAST
FOUR DAYS BEFORE THE SUBSCRIPTION EXPIRES. NOTIFICATION
MAY BE MADE BY E-MAIL, TELEPHONE, OR U.S. MAIL AT THE
CURRENT E-MAIL ADDRESS, TELEPHONE NUMBER OR MAILING
ADDRESS AS PROVIDED AT:
Xpersuasions Support
(d) All cancellations received by the Company will be
effective upon receipt.
(e) If a user cancels a subscription, or if a
subscription is cancelled by the Company, the
subscriber's username and password will be removed from
the system at the end of the then current subscription
period and the subscriber will be entitled to receive
the full benefits of the subscription until the end of
such period. Subscriber shall not be entitled to any
pro-rated or partial refund if the subscriber cancels
the subscription before the end of the then current
subscription period. The subscriber agrees that if the
subscriber cancels at any time after purchasing a
subscription to the Web Site (e.g., 20 minutes after
signing up), the subscriber will still be charged for
the full subscription period.
(f) All charges to a user's credit card or debit card
for subscription, under the Terms and Conditions of this
Agreement, will be made in advance by automatic credit
card or debit card debit and user hereby authorize the
Company and its agents to process such transactions on
the user's behalf.
(g) All charges to user's credit card are nonrefundable.
(h) Users understand and agree that subscription to the
Web Site will be billed to the subscriber's credit card
as "InfoNet Publications."
11. Registration and Password.
You are
responsible for maintaining the confidentiality of your
information and password. You shall be responsible for
all uses of your registration, whether or not authorized
by you. You agree to immediately notify the Company of
any unauthorized use of your registration or password.
12.
Identification Of Agent To Receive Notification And
Elements Of Notification Of Claimed Copyright
Infringement.
If you believe
that your copyrighted work has been uploaded, posted or
copied to this Web Site and is accessible on this Web
Site in a way that constitutes copyright infringement,
please notify us by providing our designated copyright
agent with the following information:
(a) The
physical or electronic signature of either the copyright
owner or of a person authorized to act on the owner's
behalf;
(b) A description of the copyrighted work you claim has
been infringed, and a description of the activity that
you claim to be infringing;
(c) Identification of the URL or other specific location
on this web site where the material or activity you
claim to be infringing is located or is occurring; you
must include enough information to allow us to locate
the material or the activity;
(d) Your name, address, telephone number and, if you
have one, your e-mail address;
(e) A statement by you that you have a good faith belief
that use on the web site of the copyrighted work in the
manner you are complaining of is not authorized by the
copyright owner, any agent of the copyright owner, or
the law; and
(f) A statement by you, made under penalty of perjury,
that the information you have provided in your notice is
accurate and that you are either the copyright owner or
are authorized to act on behalf of the copyright owner.
The Company's
agent to receive notices of claims of copyright
infringement on our web site can be reached as follows:
ATTN.:General
Counsel
Invisible Sun Entertainment Group, Inc.
12750 Jefferson Davis Hwy #211 Chester Va 23831
13. Policy
Regarding Termination Of Users And Account Holders Who
Repeatedly Infringe The Copyright Or Other Intellectual
Property Rights Of Others
Invisible Sun
Entertainment Group, Inc., Xpersuasions.com, and all of
our affiliated companies respect the intellectual
property of others, and we ask our users, account
holders and content providers to do the same. The
unauthorized reproduction, copying, distribution,
modification, public display or public performance of
copyrighted works constitutes infringement of the
copyright owner's rights. As a condition to your use of
this Web Site, you agree not to use the Web Site to
infringe the intellectual property rights of others in
any way. We will terminate the accounts of any account
holders, and block access to our Web Site of any users,
who are repeat infringers of the copyrights, or other
intellectual property rights, of others. We reserve the
right to take these actions at any time, in our sole
discretion, with or without notice, and without any
liability to the account holder who is terminated or to
the user whose access is blocked.
14. Termination.
The Company
reserves the right, at its sole discretion, to pursue
all of its legal remedies, including but not limited to
deletion of your postings from this Web Site and
immediate termination of your registration with or
ability to access this Web Site and/or any other service
provided to you by the Company, upon any breach by you
of these Terms and Conditions or if the Company is
unable to verify or authenticate any information you
submit to the Web Site.
15. Disclaimers and Limitation of Liability.
Xpersuasions.com is only a venue. This Web Site acts as
a venue for employers to post job opportunities and
candidates to post resumes and does not screen or censor
the listings offered. The Company is not involved in the
actual transaction between employers and candidates. As
a result, the Company has no control over the quality,
safety or legality of the jobs or resumes posted, the
truth or accuracy of the listings, the ability of
employers to offer job opportunities to candidates or
the ability of candidates to fill job openings. In
addition, note that there are risks, including but not
limited to the risk of physical harm, of dealing with
strangers, foreign nationals, underage persons or people
acting under false pretenses. You assume all risks
associated with dealing with other users with whom you
come in contact through the Web Site.
Because user
authentication on the Internet is difficult, the Company
cannot and does not confirm that each user is who they
claim to be. Because we do not and cannot be involved in
user-to-user dealings or control the behavior of
participants on the Web Site, in the event that you have
a dispute with one or more users, you release the
Company (and our agents and employees) from claims,
demands and damages (actual and consequential, direct
and indirect) of every kind and nature, known and
unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way connected with
such disputes. If you are a California resident, you
waive California Civil Code d1542, which says: "A
general release does not extend to claims which the
creditor does not know or suspect to exist in his favor
at the time of executing the release, which if known by
him must have materially affected his settlement with
the debtor."
We are under no
legal obligation to, and generally do not, control the
information provided by other users which is made
available through the Web Site. By its very nature,
other people’s information may be offensive, harmful or
inaccurate, and in some cases will be mislabeled or
deceptively labeled.
We expect that
you will use caution and common sense when using this
Web Site.
The Web Site
Content may contain inaccuracies or typographical
errors. The Company makes no representations about the
accuracy, reliability, completeness, or timeliness of
the Web Site or the Web Site Content. The use of the Web
Site and the Web Site Content is at your own risk.
Changes are periodically made to the Web Site and may be
made at any time.
You acknowledge
and agree that you are solely responsible for the form,
content and accuracy of any resume or material contained
therein placed by you on the Web Site. Employers are
solely responsible for their postings on the Web Site.
The Company is
not to be considered to be an employer with respect to
your use of the Web Site and the Company shall not be
responsible for any employment decisions, for whatever
reason made, made by any entity posting jobs on the Web
Site.
THE COMPANY
DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE
ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE
OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR
USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED
FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE
COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEB SITE
AND WEB SITE CONTENT ARE PROVIDED ON AN "AS IS" BASIS
WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE
FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL
WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE
WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR
PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO
WARRANTIES ABOUT THE ACCURACY, RELIABILITY,
COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES,
SOFTWARE, TEXT, GRAPHICS, AND LINKS.
IN NO EVENT
SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES
MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL
AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES
RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION)
RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE
AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT,
TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE
COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE AGGREGATE
LIABILITY OF THE COMPANY TO YOU FOR ALL CLAIMS ARISING
OUT OF YOUR USE OF THIS WEB SITE OR ANY MATERIALS
CONTAINED OR SOLD HEREIN IS LIMITED TO $100.
16. Indemnity.
You agree to
indemnify, defend and hold harmless the Company, its
officers, directors, employees and agents (“Indemnified
Parties”), from and against any and all claims, actions
or demands, for any resulting loss, damage, judgment,
award, cost, expense, including attorneys’ fees and
costs, arising or resulting from your use of the
Company’s Web site and/or the content contained therein
or any materials sold thereon or your breach of any of
the provisions of this Agreement. You shall also
indemnify and hold harmless the Indemnified Parties from
and against any and all claims brought by third parties
arising out of User’s use of the information contained
on this Web site.
17. Links to
Other Sites.
The Web Site
contains links to third party web sites. These links are
provided solely as a convenience to you and not as an
endorsement by the Company of the contents on such
third-party Web sites. The Company is not responsible
for the content of linked third-party sites and does not
make any representations regarding the content or
accuracy of materials on such third party Web sites. If
you decide to access linked third party Web sites, you
do so at your own risk.
18. No Resale
or Assignment.
You agree not
to resell or assign this Agreement or your rights or
obligations under these Terms and Conditions.
19. General.
The Company
makes no claims that the Materials may be lawfully
viewed or accessed outside of the United States. Access
to the Materials may not be legal by certain persons or
in certain countries. If you access the Web Site from
outside of the United States, you do so at your own risk
and are responsible for compliance with the laws of your
jurisdiction. These Terms and Conditions are governed by
the internal substantive laws of the state of
California, without respect to its conflict of laws
principles. Jurisdiction for any claims arising under
this agreement shall lie exclusively with the state or
federal courts within the county of Los Angeles,
California. If any provision of these Terms and
Conditions are found to be invalid by any court having
competent jurisdiction, the invalidity of such provision
shall not affect the validity of the remaining
provisions of these Terms and Conditions, which shall
remain in full force and effect. No waiver of any term
of these Terms and Conditions shall be deemed a further
or continuing waiver of such term or any other term.
Except as expressly provided in additional Terms and
Conditions for areas of the Web Site, a particular
"Legal Notice," or Software License or material on
particular Web pages, these Terms and Conditions
constitute the entire agreement between you and the
Company with respect to the use of Web Site. No changes
to these Terms and Conditions shall be made except by a
revised posting on this page.
20. Additional
Terms and Conditions.
Certain areas
of this Web Site are subject to additional Terms and
Conditions. By using such areas, or any part thereof,
you agree to be bound by the additional Terms and
Conditions applicable to such areas.
If you have
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