Tos and privacy statement. From George Wright. 2436 E. 4th St. #20 Long Beach CA, 90814 United States, 310.893.9160
In addition to the TOS below, TOS also includes this policy.
On our websites where we sell or give advertising space we reserve the right to refuse to post, print or display any ad for any reason. If you pay us for an ad and we refuse to run your ad our liabilities are limited to refunding the amount you paid us for the ad. You agree that you will not hold us responsible for any loss you incur due to us refusing to run your ad. The ads we will not accept and do refuse to run include but are not limited to the following. We will not accept any ads that have to do with pornography either hardcore or soft core pornography, dating sites, occult, hypnotism, tobacco, religious, political, or any other ad we deem at our sole discretion to be unsuitable for our websites.
Introduction
You may be referred to as Licensee. The terms 'You' or 'Licensee' includes
you and any of your owners, employees, partners, independent contractors,
subsidiaries, affiliates, attorneys, agents, heirs, and assigns.
We may
be referred to as Licensor. The terms 'Us,' 'We,' or 'Licensor' includes and our
owners, employees, subsidiaries, independent contractors, agents, attorneys, and
assigns.
You must be at least 18 years old to access this
website or to purchase products or services from us.
We do not direct this website to minors, nor do we
knowingly collect any personal information from children under the age of
thirteen.
Disclaimers
ALL CONTENT IS PROVIDED "AS IS" AND ANY AND ALL
WARRANTIES ARE DISCLAIMED, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE.
Our cumulative liability to you or anyone else for
any loss or damages resulting from any claims, demands, or actions arising out
of or relating to this Agreement or use of the content or website shall not
exceed the amount you have paid to us for the product or service. In no event
shall we be liable for any indirect, incidental, consequential, special, or
exemplary damages or lost profits, even if we have been advised of the
possibility of such damages. You agree that the foregoing constitutes your sole
and exclusive remedy for any breach of this Agreement. SOME STATES DO NOT ALLOW
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU.
There is no promise or representation that
you will make a certain amount of money, or any money, or not lose money, as a
result of using our products and services.
Any earnings, revenue, or income statements
are strictly estimates. There is no
guarantee that you will make these levels for yourself.
As with any business, your results will vary
and will be based on your personal abilities, experience, knowledge,
capabilities, level of desire, and an infinite number of variables beyond our
control, including variables we or you have not anticipated. There are no
guarantees concerning the level of success you may experience. Each person's
results will vary.
There are unknown risks in any business, particularly
with the Internet where advances and changes can happen quickly.
The use
of our information, products and services should be based on your own due
diligence and you agree that we are not liable for your success or
failure.
Prohibited Uses
You will not assign, sublicense, transfer, pledge,
sell, lease, rent, lend, or otherwise dispose of the content, or any part of it,
or share your rights under this Agreement, to others.
You will not give others access to your username and
password.
You will not violate any laws, third party rights, or
this Agreement. This includes, but
is not limited to, not posting any material or content that is defamatory,
harassing, belongs to someone else, is obscene or
pornographic
You will not provide false or misleading information
to us.
Consent to Use Information
When you communicate with us, send us information, or
provide content to us or out website, you grant us a non-exclusive, worldwide,
perpetual, irrevocable, royalty-free, sublicensable right to exercise all
copyright and publicity rights you have in the content, in any manner
whatsoever, in any media now known or which may be created in the future,
including in other works and forms not associated with this
website.
No Waiver of Rights
Our failure to enforce any rights granted in this
Agreement or to take action against any other party in the event of any breach
shall not be deemed a waiver by us as to subsequent enforcement of rights or
subsequent actions in the event of future breaches.
Privacy Policy
We respect your interest in your privacy and as a
result we have created this informational disclosure.
We collect and use
personal information for many purposes, including but not limited to, billing;
product and service fulfillment; to better understand our customer needs; to
provide a better website, products and services; to communicate with customers
and potential customers regarding our products and services and third party
products and services.
Generally, your private information will only be
disclosed to our owners, employees, independent contractors, subsidiaries,
partners, affiliates, attorneys, consultants, business associates, service
providers, suppliers and agents, acting on our behalf or request. This general
rule, and disclosures in specific situations, is more particularly described
below.
The hosting provider for this Internet site (as with
any Internet site) has the ability to record various information, including
domain name, pages accessed, date and time of access, web browser type and
computer operating system, and referring information, and to disclose this
information. This is most commonly done by providing access to raw server logs.
For more information you should perform an Internet search on 'server logs' or
'raw server logs.' We may have access to our raw server logs and access reports
prepared by our hosting provider.
We sell products and services. When sales are made
financial information must be disclosed. This information can include any number
of facts you are asked to provide, but most commonly includes your name,
financial / credit card information, billing address, and email address.
Generally, this purchase information will be provided by you to a third party
payment processor and we do not receive your financial / credit card
information.
In the event we do receive financial / credit card
information, we will not disclose it to anyone unless disclosure is required by
law or a court order, or unless disclosure is required to address an issue
implicated by the financial transaction.
If you claim that your financial information was used to make a purchase
you did not authorize, details about the financial transaction may be disclosed
to law enforcement and anyone else we deem necessary to address the matter.
An important part of our services includes being able
to provide information to you. As a result, you expressly consent to receiving
communications from us via email, fax, telephone, mail, or any other delivery
method.
As a customer you are agreeing to receive information about the
product or service you purchased. This may include, but is not limited to,
information about product or service updates, new features, or information we
believe you may find interesting.
We may also send you information about
other products and services our company offers.
We will not sell, provide, or transfer you email
address to others.
We may allow advertising to our customers, or engage
in joint ventures, which result in your receiving advertisements from selected
third parties.
If you purchase one of our products or services, you
authorize us to use your name and identification information in advertising or
promotions.
We also use personal information in an aggregate form (i.e.,
not individually attributable to you) for business analysis, operational,
marketing and other promotional purposes.
Cookies may be used to keep track of referred
affiliate commissions and to monitor access to our website. You consent to any future use of cookies
for testing purposes and the use of cookies for publicly available data to
gather statistics for the purpose of determining which search engines, referring
sites, key words, etc., bring visitors to our website, which pages visitors are
most interested in, what web browsers are used, etc. Various providers may be
used for this purpose. The purpose is obtain information that will help promote
the website, make the website more interesting and useful to visitors, and to
identify areas where improvement is needed.
Additionally, various third
party information suppliers and other entities that provide information for this
website, or for use by us, may use cookies. Examples include, but are not
necessarily limited to billing providers, third party advertisers, and third
party resources we promote.
Private information may be disclosed if required by a
court order, statute, law, or regulation.
Information is subject to
disclosure to address a claim that you are violating the terms of any agreement
pertaining to your use of your use this website or our products or services, or
rights of any third party.
Information is also subject to disclosure if
we believe that disclosure is necessary to identify, contact or bring an action
against someone who may be causing injury to or interfering (either
intentionally or unintentionally) with our rights or property, your rights or
property, other users of our website, products or services, or anyone else.
As we continue to develop our business, we or our affiliates may sell or
buy other businesses or entities, or we may merge with another company, or be
bought by another company. In such transactions, personal information may be one
of the transferred assets.
Your information may be stored and processed
in any country in which we maintain facilities or conduct operations. By using
our website, products and services, you consent to any such transfer of
information outside of your country.
After your account becomes inactive your
information may remain in our databases, computers, and archives, and cannot
reasonably be expunged.
Miscellaneous
This Agreement in all respects shall be governed by
and construed according to the laws of the State of California, to the exclusion
of any other applicable body of governing law, without regard to conflicts of
laws principles.
This Agreement is entered into in Los Angeles County,
California. You consent to the
exclusive jurisdiction of California for any dispute arising from or related to
this Agreement.
You agree that the exclusive venue for any dispute
arising from or related to this Agreement will be a court located in Los Angeles
County, California.
Should any term of this Agreement be declared void or
unenforceable, that term shall be severed from the Agreement such declaration
shall have no effect on the enforceability of the remaining
terms.
This Agreement contains the complete and entire
understanding and agreement between you and us and supersedes any previous
communications, representations, or agreements, verbal or written, related to
the subject matter of this Agreement.
This Agreement may not be modified or amended orally,
impliedly, or in any manner not set forth in writing or permitted by this
Agreement.
This Agreement may be amended by us at any time and without
notice, but only by amending this Agreement as posted on this website, unless
otherwise agreed to in a writing signed by both of us.
Any amendments
will become effective 30 days after being posted on the website, unless
circumstances require that a change be immediately implemented. As a condition
for this Agreement you agree to periodically check this Agreement posted at this
page.
You agree that your continued use of our product or
service after that date will constitute your consent and acceptance of the
amendment.
Date of this Agreement: October 4, 2006 Updated Jan. 1, 2008, Jan 1, 2011