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TERMS OF USE - Personals.Servik.com
This Agreement (hereinafter "Agreement") governs
your access and use of Personals.Servik.com's
facilities, including but not limited to the Big
List and Webmaster Resources, and other services
(hereinafter collectively referred to as
"Services"). In consideration for your right to
access and use the Services, you,
Personals.Servik.com and its owners and
operators agree as follows:
| By using and/or viewing
this 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 this
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 judgment, 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 Site(s) 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. |
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ACCEPTANCE OF TERMS
By visiting and using
Personals.Servik.com you agree to be
bound by the terms of this Agreement and any
modifications made to it in accordance with
Sections 6 and 7 below.
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THE
Personals.SERVIK.com
SERVICES
The Personals.Servik.com Services are
online listings that enabling individuals
to, among other things, find internet based
personal contact sites for everything from
activity mates to sexual contact to
marriage. Services also include
products Personals.Servik.com deems
useful and interesting to prospective
visitors, as well as webmaster opportunities
to enable businesses and individuals
participate in web-based income
opportunities. You understand and agree that
the Services are provided "AS-IS" and that
Personals.Servik.com assumes no
responsibility for, among other things: (1)
any Services outages or interruptions; (2)
the unavailability of any particular pages;
(3) the inability to access the Services;
(4) the failure or inability to post
materials to any of the Services; (5) the
deletion of materials posted to any of the
Services; or (6) the failure to store
materials posted to any of the Services.
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CONTENT ACCESSIBLE ON THE SERVICES
The Personals.Servik.com Services
contain a huge variety of information, data,
messages, directions, computer programs,
pictures, audio/visual works and other
materials (hereinafter "Content"), including
Content that users provide to
Personals.Servik.com. Please use caution
and common sense when utilizing
Personals.Servik.com's Services. You
understand and agree that any Content posted
on the Services is the exclusive
responsibility of the person who posted or
uploaded it, and that you will be solely
responsible for any Content that you upload,
post, email or otherwise transmit via the
Services. You acknowledge that
Personals.Servik.com is not responsible
for, does not control, does not endorse and
does not verify the Content posted to the
Services or available through the Services,
and that it makes no guarantee regarding the
reliability, accuracy, legitimacy or quality
of any such Content. You agree that you will
bear any and all risk of reliance on the
accuracy, validity or legitimacy of any such
Content. Under no circumstances will
Personals.Servik.com be liable in any
way to you for any Content, including, but
not limited to, any errors or omissions in
any Content or any loss or damage of any
kind incurred as a result of the use of any
Content posted or otherwise transmitted via
the Services.
You further acknowledge that
Personals.Servik.com does not pre-screen
Content, but agree that
Personals.Servik.com shall have the
right (but not the obligation) to access any
of the Services, and remove or restrict
access to any Content on the Services in its
sole discretion and without notice or
compensation. Without limiting the
foregoing, Personals.Servik.com shall
have the right to access any Chat Board,
Service Directory listing, Profile, or
Classified ad and remove or restrict access
to any Content that violates this Agreement
or that Personals.Servik.com believes is
otherwise objectionable.
You acknowledge and agree that
Personals.Servik.com may preserve or
disclose any Content if it reasonably
believes disclosure is required by law or in
the good faith belief that such preservation
or disclosure is reasonably necessary to:
(a) comply with legal process; (b) enforce
this Agreement; (c) respond to claims that
any Content violates the rights of third
parties; or (d) protect the rights,
property, or personal safety of
Personals.Servik.com, its users and the
public.
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LICENSE GRANTED TO
Personals.Servik.com
You grant Personals.Servik.com the
worldwide, royalty free and non-exclusive
license to reproduce, modify, adapt,
distribute and publish any Content you
post/upload/contribute/submit to the
Services, for the purposes of displaying
such information on Personals.Servik.com
and for the promotion and marketing of
Personals.Servik.com's Services.
However, Personals.Servik.com will not
resell, attempt to resell, or otherwise
convey these rights to any third party.
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USER CONDUCT
You agree to not use the Services to:
(a) Violate or solicit the violation of
any applicable local, state, national or
international law;
(b) Infringe the rights of any third
party, including but not limited to
intellectual property rights and privacy or
publicity rights;
(c) Upload, post, email or otherwise
transmit any Content that: (1) is unlawful,
threatening, abusive, tortious, defamatory,
obscene, libelous, or invasive of another's
privacy; (2) consists of instructional
information on illegal activities,
including, but not limited to, hacking and
cracking; (3) violates or infringes in any
way upon the proprietary rights of others,
including, without limitation, copyrighted
software, music, photographs, text, videos
or artwork; (4) constitutes sexual material
of an obscene nature or that violates local,
state or national laws; (5) is the private
information of another such as their
address, phone number, Social Security
number or credit card number; (6) contains
software viruses, Trojan horses or any other
computer code, files or programs designed to
interrupt, destroy or limit the
functionality of any computer software or
hardware or telecommunications equipment; or
(7) you do not have a right to upload or
post due to contractual or other legal
obligation;
(d) Impersonate any person or entity,
including, but not limited to, a
Personals.Servik.com official, forum
leader, guide or host, or falsely state or
otherwise misrepresent your affiliation with
a person or entity;
(e) Forge headers or otherwise manipulate
identifiers in order to disguise the origin
of any Content transmitted through the
Services;
(f) Interfere with or disrupt the
Services, computer servers or boards
accessible through the Services;
(g) Disseminate off-topic messages on
boards promoting any product, service, web
site, board or venture, or promote boards on
the Services through unsolicited electronic
mail messages to third parties.
If you do use the Services to commit any of
the above, Personals.Servik.com may, at
its sole discretion, terminate your
password, account (or any part of it) or
ability to use the Services, and remove and
discard any Content within the Services.
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LIMITATIONS, CONDITIONS AND RULES
REGARDING THE SERVICES
You agree that Personals.Servik.com may
establish, in its sole discretion, any
limitations, conditions or rules concerning
use of the Services, including, for example,
the maximum number of messages a user may
post to a given Chat Board or to another
Services in a given day, the number of days
that posted messages will be available, or
the maximum size of a given post, Classified
ad, etc. You acknowledge that
Personals.Servik.com has the right to
change these general practices and limits at
any time, including the terms of this
Agreement, in its sole discretion, with or
without notice.
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MODIFICATION AND TERMINATION OF THE
SERVICES
Personals.Servik.com reserves the right
at any time and from time to time to modify
or discontinue, temporarily or permanently,
the Services (or any part of them) with or
without notice. You agree that
Personals.Servik.com shall not be liable
to you or to any third party for any
modification, suspension or discontinuance
of the Services.
You agree that Personals.Servik.com, in
its sole discretion, may take all actions it
deems necessary with respect to your user
account if we have reason to believe it may
cause us to lose the services of our ISP or
suppliers.
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OTHER WEB SITES AND RESOURCES
Third parties' Services are linked
extensively throughout
Personals.Servik.com, both in the Big
List and subcategory pages, as well as on
the Reciprocal Link page. Because
Personals.Servik.com has no control over
such sites and resources, you acknowledge
and agree that Personals.Servik.com is
not responsible for the availability of such
sites or resources, and does not endorse and
is not responsible or liable for any
content, advertising, products, or other
materials on or available from such sites or
resources. You further acknowledge and agree
that Personals.Servik.com shall not be
responsible or liable, directly or
indirectly, for any damage or loss caused or
alleged to be caused by or in connection
with use of or reliance on any such Content,
goods or services available on or through
any such site or resource.
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NO RESALE, REDISTRIBUTION OR
REPURPOSING OF SERVICES OR CONTENT
You agree not to reproduce, duplicate, copy,
sell, resell or exploit for any commercial
purposes, use of the Services, access to the
Services or any of the Content accessible
through the Services, other than Content as
to which you hold the intellectual property
rights.
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DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICES IS AT YOUR
SOLE RISK. THE SERVICES ARE PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS.
Personals.Servik.com EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT;
(b)
Personals.Servik.com MAKES NO
WARRANTY THAT (i) THE SERVICES WILL MEET
YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, OR THAT (iii) THE INFORMATION
THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICES WILL BE ACCURATE OR RELIABLE;
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SERVICES IS
OBTAINED AND USED AT YOUR SOLE RISK AND
DISCRETION AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL;
(d) NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM
THE SERVICES SHALL CREATE ANY WARRANTY BY
Personals.Servik.com.
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LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT
Personals.Servik.com SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF
Personals.Servik.com HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY
TO USE THE SERVICES; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION
OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH OR FROM THE SERVICES; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SERVICES;
OR (v) ANY OTHER MATTER RELATING TO THE
SERVICES.
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EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS
OF SECTIONS 10 AND 11 MAY NOT APPLY TO YOU.
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INDEMNITY
You agree to indemnify and hold
Personals.Servik.com, and its owners,
shareholders, partners, subsidiaries,
affiliates, officers, agents, employees, and
contractors harmless from any claim or
demand, including reasonable attorneys';
fees, made by any third party due to or
arising out of Content you submit, post to
or transmit through the Services, your use
of the Services, your connection to the
Services, your violation of the law, this
Agreement or the rights of another.
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NOTICES
Notices to you may be made via either email
or posted on the Personals.Servik.com
site. Personals.Servik.com may also
provide notices of changes to this Agreement
or the Services by displaying notices or
links to notices to you generally on the
Services. You acknowledge, understand
and agree that nothing in this Agreement
shall require any notices to be sent to you.
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LEGAL DISPUTES
This Agreement and your relationship with
Personals.Servik.com shall be governed
by the laws of the territory of Guam without
regard to any conflict of law provisions.
You and Personals.Servik.com agree to
submit to the personal and exclusive
jurisdiction of the Superior Court of
Territory of Guam, Hagatna, Guam, USA, and
agree that regardless of any statute or law
to the contrary, any claim or cause of
action arising out of or related to use of
the Services or this Agreement must be filed
within one (1) year after such claim or
cause of action arose or shall be forever
barred.
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GENERAL
This Agreement constitutes the entire
agreement between you and
Personals.Servik.com with respect to the
Services and supersedes all prior agreements
and understandings between you and
Personals.Servik.com.
Personals.Servik.com's failure to
enforce any provision of this Agreement will
not be construed as a waiver of any
provision or right. In the event that a
portion of this Agreement is held
unenforceable, the unenforceable portion
will be construed in accordance with
applicable law as nearly as possible to
reflect the original intentions of the
parties, and the remainder of the provisions
will remain in full force and effect.
Paragraphs 9, 10, 11, 12, 13, and 15 of this
Agreement shall survive any termination of
the Agreement.
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OFFICIAL LANGUAGE - ENGLISH
This Agreement and the
Personals.Servik.com site are developed
in English and may be translated into other
languages. TO THE EXTENT A TRANSLATION OF
THE AGREEMENT OR THE SITE IS PROVIDED, IT IS
AFFORDED AS A CONVENIENCE ONLY. For all
purposes, only the English version of this
Agreement, and the English version of the
Personals.Servik.com site shall be
official and binding on the parties.
Personals.Servik.com is not responsible
for the accuracy and correctness of any
language translations. You are solely
responsible to carefully read and understand
the English text and you agree that you may
not rely on language translations provided
as official documents or representations.
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Welcome to Personals.Servik.com.
Should you ever have any questions, suggestions or
problems, please contact us.
Thanks,
Personals.Servik.com management and staff |
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