AdultGigFinder.com Terms and
Conditions Agreement
Welcome to AdultGigFinder.com, a service of AdultGigFinder as subsidiary of
Rebel Visions Corporation. This page states the "Terms and
Conditions" under which you may use AdultGigFinder.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. AdultGigFinder (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 for job seekers to find work and
employers to find job candidates in the adult entertainment industry. Job
seekers may post resumes, pictures and other relevant information and potential
employers or businesses may post job listings in order to locate, evaluate and
interact with one another, 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:
AdultGigFinder
222 Purchase Street, #177
Rye, NY 10580
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 job listings, resumes, talent boards, 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 and/or independent contractors. 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., Microsoft Explorer, Netscape
Navigator).
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.
Harvesting email addresses or other contact information from the Web Site
for any purpose, including business or commercial solicitations.
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 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: http://www.AdultGigFinder.com/contact.aspx
(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 authorizes 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 "Rebel Visions."
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
AdultGigFinder
222 Purchase Street, #177
Rye,
NY 10580
13. Policy Regarding Termination Of Users And Account Holders Who
Repeatedly Infringe The Copyright Or Other Intellectual Property Rights Of
Others
AdultGigFinder, AdultGigFinder.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.
AdultGigFinder.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 an agency; nor is the
Company 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 "GOLD GIGGER verified by the AdultGigFinder.com Network"
designation on a resume is not a recommendation or a guarantee by the Company
of the identity of anyone you might contact through the Web Site. The
"GOLD GIGGER verified by the AdultGigFinder.com Network" designation
simply means that the job seeker has provided a full name, street address,
email address, and credit card account and that this information has been
validated as part of a credit card transaction process. The "GOLD GIGGER verified
by the AdultGigFinder.com Network" designation should not be interpreted
as an endorsement by the Company of the performance of a job seeker, nor as a
guarantee that a job seeker will be the person who placed the resume or is
pictured in the resume.
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 New York, 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 Westchester, New York.
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 questions or comments,
please feel free to contact
us now.