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TERMS AND CONDITIONS OF USE
Welcome to our website. This site is maintained as a service to our
customers. By using this site, you agree to comply with and be bound
by the following terms and conditions of use. Please review these
terms and conditions carefully. If you do not agree to these terms
and conditions, you should not use this site.
1. Agreement. This Agreement (the “Agreement'”) specifies the Terms
and Conditions for access to and use of Affiliate Payload Profits
(the "Site") and describe the terms and conditions applicable to
your access of and use of the Site. This Agreement may be modified
at any time by Groovytastic Empire upon posting of the modified
agreement. Any such modifications shall be effective immediately.
You can view the most recent version of these terms at any time at
http://www.affiliate-payload-profits.com. Each use by you shall
constitute and be deemed your unconditional acceptance of this
Agreement.
2. Intellectual Property Ownership.
(a) Our Content. All content included on this site is and shall
continue to be the property of [name of website operator] or its
content suppliers and is protected under applicable copyright,
patent, trademark, and other proprietary rights. Any copying,
redistribution, use or publication by you of any such content or any
part of the Site is prohibited without express permission by
Groovytastic Empire. Under no circumstances will you acquire any
ownership rights or other interest in any content by or through your
use of this site. Affiliate Payload Profits is the trademark or
registered trademark of Groovytastic Empire. Other product and
company names mentioned on this Site may be trademarks of their
respective owners.
(b) User Supplied Content. By accessing our forum, bulletin board,
chat room, or any other user interactive area of our site, and
placing any information in any of those areas, you hereby grant us a
perpetual, irrevocable, royalty free license in and to such
materials, including but not limited to the right to post, publish,
transmit, distribute, create derivative works based upon, create
translations of, modify, amend, enhance, change, display and
publicly perform such materials in any form or media, whether now
known or later discovered. You also grant to others who access the
forum, bulletin board, chat room or any other user interactive area
of our site a perpetual, non-revocable, royalty free license to
view, download, store and reproduce your postings but such license
is limited to the personal use and enjoyment of such other party.
(c) Personal Use. [Name of website operator] grants you a limited,
revocable, nonexclusive license to use this site solely for your own
personal use and not for republication, distribution, assignment,
sublicense, sale, preparation of derivative works, or other use. You
agree not to copy materials on the site, reverse engineer or break
into the site, or use materials, products or services in violation
of any law. The use of this website is at the discretion of
Groovytastic Empire and Groovytastic Empire may terminate your
use of this website at any time.
(d) Other Uses. All other use of Content from the Site, including,
but not limited to uploading, downloading, modification,
publication, transmission, participation in the transfer or sale of,
copying, reproduction, republishing, creation of derivative works
from, distribution, performance, display, incorporation into another
web site, reproducing the Site (whether by linking, framing or any
other method), or in any other way exploiting any of the Content, in
whole or in part, is strictly prohibited without Groovytastic Empire
prior express written consent.
3. Disclaimers.
(a) DISCLAIMER OF WARRANTIES. THE INFORMATION ON THIS SITE IS
PROVIDED ON AN `”AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF
THIS SITE IS AT YOUR SOLE RISK. Groovytastic Empire DISCLAIMS ALL
WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS
WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF:
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR
USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
FURTHERMORE, Groovytastic Empire DOES NOT WARRANT THAT USE OF THE
SITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY
LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR
THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Groovytastic Empire , ITS SUBSIDIARIES, VENDORS AND AFFILIATES
DISCLAIM ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, OR
UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIALS, AND ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE. USE OF THE SITE'S
SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOU COMPUTER SYSTEMS OR LOSS
OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF SUCH INFORMATION OR
MATERIAL.
(b) LIMITATION OF LIABILITY. Groovytastic Empire SHALL NOT BE
RESPONSIBLE OR LIABLE TO PROVIDERS OR ANY THIRD PARTIES UNDER ANY
CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR
EXEMPLARY DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
WHICH MAY BE INCURRED IN CONNECTION WITH [Name of website operator]
OR THE SITE, OR USE THEREOF, OR ANY OF THE DATA OR OTHER MATERIALS
TRANSMITTED THROUGH OR RESIDING ON THE SITE OR ANY SERVICES, OR
INFORMATION PURCHASED, RECEIVED OR SOLD BY WAY OF THE SITE,
REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF
ACTION, EVEN IF Groovytastic Empire HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGE OR LOSS.
(c) EARNINGS DISCLAIMERS. The information presented in this Website
is intended to be for your educational and entertainment purposes
only.
We are not presenting you with a business opportunity.
We are not presenting you with a distributorship.
We are not making any claims as to income you may earn.
We are not presenting you with an opportunity to get rich.
Before embarking on any endeavor, please use caution and seek the
advice your own personal professional advisors, such as your
attorney and your accountant.
Where income figures are mentioned (if any), those income figures
are anecdotal information passed on to us concerning the results
achieved by the individual sharing the information. We have
performed no independent verification of the statements made by
those individuals. Please do not assume that you will make those
same income figures.
Please do not construe any statement in this website as a claim or
representation of average earnings. There are NO average earnings.
Testimonials and statements of individuals are not to be construed
as claims or representations of average earnings. We cannot, do not,
and will not make any claims as to earnings, average, or otherwise.
Success in any endeavor is based on many factors individual to you.
We do not know your educational background, your skills, your prior
experience, or the time you can and will devote to the endeavor.
Please perform your own due diligence before embarking on any course
of action. Follow the advice of your personal qualified advisors.
There are risks in any endeavor that are not suitable for everyone.
If you use capital, only "risk" capital should be used.
There is no guarantee that you will earn any money using any of the
ideas presented in our in materials. Examples in our materials are
not to be interpreted as a promise or guarantee of earnings. Many
factors will be important in determining your actual results and no
guarantees are made that you will achieve results similar to ours or
anybody else’s. No guarantee is made that you will achieve any
result at all from the ideas in our material.
You agree that we will not share in your success, nor will we be
responsible for your failure or for your actions in any endeavor you
may undertake.
Please understand that past performance cannot be an indication of
possible future results.
Materials in our product and our website may contain information
that includes or is based upon forward-looking statements within the
meaning of the securities litigation reform act of 1995.
Forward-looking statements give our expectations or forecasts of
future events. You can identify these statements by the fact that
they do not relate strictly to historical or current facts. They use
words such as “anticipate,” “estimate,” “expect,” “project,”
“intend,” “plan,” “believe,” and other words and terms of similar
meaning in connection with a description of potential earnings or
financial performance. Any and all forward looking statements in our
materials are intended to express our opinion of earnings potential.
They are opinions only and should not be relied upon as fact.
4. Terms Relating to User Supplied Site Content.
(a) Participate at Your Own Risk. You enter and participate in our
forum, bulletin board, chat room, or any other user interactive area
of our site, and gain access to the materials contained thereon at
your own risk.
(b) No Monitoring. We do not monitor or screen communications on our
forum, bulletin board, chat room, or any other user interactive area
of our site and we are not responsible for any material that any of
our forum, bulletin board, chat room, or any other user interactive
area of our site participant posts and we do not assume the
responsibility to do so. In the event that we are notified by any
party that any communications contained in our forum, bulletin
board, chat room, or any other user interactive area of our site is
contrary to these terms, we may, but are not obligated to,
investigate the situation and determine in our own discretion,
whether to remove such communication from our forum, bulletin board,
chat room, or any other user interactive area of our site. We have
no liability or responsibility to investigate or remove any content
from our forum, bulletin board, chat room, or any other user
interactive area of our site based upon a complaint or otherwise.
(c) Your Reliance at Your Risk. We do not make any representations
or warranties as to the truth or accuracy of any statement made or
materials posted on or through our forum, bulletin board, chat room,
or any other user interactive area of our site. You agree and
acknowledge that you assume the risk of any actions you take in
reliance upon the information that may be contained in our forum,
bulletin board, chat room, or any other user interactive area of our
site.
(d) No Endorsement. We do not endorse or lend any credence for any
statements that are made by any participant in our forum, bulletin
board, chat room, or any other user interactive area of our site.
Any opinions or views expressed by our forum, bulletin board, chat
room, or any other user interactive area of our site participants
are their own. We do not endorse or support or otherwise give any
credence or reason for reliance on any such statements or opinions.
(e) You are Responsible. You are fully responsible for your own
statements and materials that you post in our forum, bulletin board,
chat room, or any other user interactive area of our site and any
consequences, whether or not foreseen, to any party who may rely
upon these statements. You agree that you will not take any action
directed towards attempting to hold us responsible for any such
materials or statements.
(f) Removal of Material. As a participant in our forum, bulletin
board, chat room, or any other user interactive area of our site,
you agree that we may remove any materials from our forum, bulletin
board, chat room, or any other user interactive area of our site for
any reason, in our sole discretion, or for no reason at all. This
includes material which is disruptive, abusive, offensive, illegal,
vulgar, pornographic, or any other material. You hold us harmless
from and against any damage you or others may suffer as a result of
our removal of any content from our forum, bulletin board, chat
room, or any other user interactive area of our site or from the
discontinuance of our forum, bulletin board, chat room, or any other
user interactive area of our site at any time.
(g) Right to Expel. We have the right to remove, expel, or
disqualify any party from participation and access to our forum,
bulletin board, chat room, or any other user interactive area of our
site for any time and for any reason, or for no reason whatsoever,
in our sole and absolute discretion. This includes, but is not
limited to any violation of this agreement, disruptive behavior,
complaints from other parties, any allegedly illegal activity, or
for any other reason or for no reason at all.
(h) Right to Terminate. We reserve the right to terminate our forum,
bulletin board, chat room, or any other user interactive area of our
site at any time and all users hold us harmless from and against any
claims, damages, suits, threats, demands, liabilities, actions,
causes of action, or injuries that may result therefrom, including
but not limited to any consequential, incidental, and special
damages of every nature and type.
(i) Prohibitions. You agree that you will not (1) use our forum,
bulletin board, chat room, or any other user interactive area of our
site for any illegal purpose, (2) place any material in our forum,
bulletin board, chat room, or any other user interactive area of our
site that violates the copyrights, trademarks, trade secrets,
confidential information or other rights of any other party, (3)
place any material in our forum, bulletin board, chat room, or any
other user interactive area of our site that contains a false
statement about any person, infringes upon the privacy rights of any
other person, or threatens, harasses, abuses or embarrasses any
other person, (4) place any obscene, pornographic, sexually explicit
or violent materials, graphics, photographs, text or otherwise in
our forum, bulletin board, chat room, or any other user interactive
area of our site, (5) place any advertising, attempted business
solicitation, marketing materials or sales promotional materials in
our forum, bulletin board, chat room, or any other user interactive
area of our site, (6) pretend to be another person that you are not,
(7) place materials in our forum, bulletin board, chat room, or any
other user interactive area of our site that are disruptive or
off-topic.
(j) Hold Harmless and Indemnify. You hold us harmless from, and
indemnify us against, any and all claims for damages from third
parties arising from your participation, use or conduct in our
forum, bulletin board, chat room, or any other user interactive area
of our site.
5. Miscellaneous.
(a) Prohibition Against Data Mining. You are prohibited from data
mining, scraping, crawling, email harvesting or using any process or
processes that send automated queries to the [Name of website
operator] Web site. You may not use the [Name of website operator]
Web site to compile a collection of listings, including a competing
listing product or service. You may not use the Site or any
Materials for any unsolicited commercial e-mail.
(b) Intended Audience. This website is intended for adults only.
This website is not intended for any children under the age of 18.
(c) Compliance with Laws. You agree to comply with all applicable
laws regarding your use of the website. You further agreed that
information provided by you is truthful and accurate to the best of
your knowledge.
(d) Indemnification. You agree to indemnify, defend and hold
Groovytastic Empire and our partners, employees, and affiliates,
harmless from any liability, loss, claim and expense, including
reasonable attorney's fees, related to your violation of this
Agreement or use of the Site.
(e) Privacy. Your visit to our site is also governed by our Privacy
Policy. Please review our Privacy Policy at http://www.affiliate-payload-profits.com.
Groovytastic Empire reserves the right, and you authorize us, to use
and assign all information regarding site uses by you and all
information provided by you in any manner consistent with our
Privacy Policy.
(f) DMCA Notice. If you believe your work has been copied in a way
that constitutes copyright infringement, please provide a notice
containing all of the following information to our Copyright Agent:
(1) An electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright interest;
(2) A description of the copyrighted work that you claim has been
infringed;
(3) A description of where the material that you claim is infringing
is located on the Site;
(4) Your address, telephone number, and e-mail address;
(5) A statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or
the law; and
(6) A statement by you, made under penalty of perjury, that the
above information in your notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner's
behalf.
(g) Applicable Law. You agree that the laws of the state of
_________________, without regard to conflicts of laws provisions
will govern these Terms and Condition of Use and any dispute that
may arise between you and [name of website operator] or its
affiliates. Venue shall be in [name of county].
(h) Arbitration. As part of the consideration that [name of website
operator] requires for viewing, using or interacting with this
website, you agree to the use of binding arbitration for any claim,
dispute, or controversy of any kind (whether in contract, tort or
otherwise) arising out of or relating to this website. Arbitration
shall be conducted pursuant to the rules of the American Arbitration
Association which are in effect on the date a dispute is submitted
to the American Arbitration Association. Information about the
American Arbitration Association, its rules, and its forms are
available from the American Arbitration Association, 335 Madison
Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take
place in the city or county of [name of website operator]. In no
case shall you have the right to go to court or have a jury trial.
You will not have the right to engage in pre-trial discovery except
as provided in the rules; you will not have the right to participate
as a representative or member of any class of claimants pertaining
to any claim subject to arbitration; the arbitrator's decision will
be final and binding with limited rights of appeal. The prevailing
party shall be reimbursed by the other party for any and all costs
associated with the dispute arbitration, including attorney fees,
collection fees, investigation fees, and travel expenses.
(i) Severability. If any provision of this Agreement shall be
adjudged by any court of competent jurisdiction to be unenforceable
or invalid, that provision shall be limited or eliminated to the
minimum extent necessary so that this Agreement will otherwise
remain in full force and effect.
(j) Termination. Groovytastic Empire may terminate this Agreement at
any time, with or without notice, for any reason.
(k) Contact Information.
HOW TO CONTACT US:
Groovytastic Empire
1320 Mill Rd.
Kimberley BC
Canada
V1A3K9
successfriends@groovytastic.com
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