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Loving Whispers Website Terms of Use and Notices
Last Updated: January 2006
1. THIS IS AN AGREEMENT BETWEEN YOU AND Ac Computing
This is an agreement ("Agreement") between you and Ac Computing (or, if applicable based on where you live, one of its affiliates). This Agreement governs your use of any Web site or Web page operated by Ac Computing. You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct.
Ac Computing OFFERS THE Loving Whispers Web Sites TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE Loving Whispers Web Sites CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 9, 10, and 11); AND AN EXCLUSIVE REMEDY (See Section 10). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.
2. HOW Ac Computing MAY MODIFY THIS AGREEMENT
Ac Computing reserves the right to change the terms, conditions, and notices under which it offers the Loving Whispers Web Sites, including any charges associated with the use of the Loving Whispers Web Sites. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any Ac Computing site. Your continued use of the Loving Whispers Web Sites after the effective date of such changes constitutes your acceptance of and agreement to such changes.
3. ADDITIONAL TERMS
Any Ac Computing site may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that Ac Computing site, including without limitation, particular features or offers (for example, sweepstakes). If any terms contained in this Agreement conflict with any terms contained within a Ac Computing site, then the terms in this Agreement shall control.
4. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE Loving Whispers Web Sites
The Loving Whispers Web Sites are only for your personal use. You will not use the Loving Whispers Web Sites for commercial purposes. You will not use the Loving Whispers Web Sites in any way that is unlawful, or harms Ac Computing, its affiliates, resellers, distributors, service providers and/or suppliers (each, a "Ac Computing Party" and collectively, the "Ac Computing Parties") or any customer of a Ac Computing Party, as determined in Ac Computing's sole discretion. Ac Computing may tell you about certain specific harmful uses in a code of conduct or other notices available through a Ac Computing site, but has no obligation to do so. You may not use the Loving Whispers Web Sites in any way that breaches any code of conduct, policy or other notice applicable to the Loving Whispers Web Sites. Without limiting the generality of this section, you may not use the Loving Whispers Web Sites in any manner that could damage, disable, overburden, or impair any Ac Computing site (or the network(s) connected to any Ac Computing site) or interfere with any other party's use and enjoyment of the Loving Whispers Web Sites.
5. SPAM IS PROHIBITED AND CAUSES DAMAGE; SPAM FILTERING TECHNOLOGY
Without limiting the generality of Section 4, you will not use the Loving Whispers Web Sites to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. You will not use the Loving Whispers Web Sites in any way that violates the Ac Computing Anti-Spam Policy. You may view the Anti-Spam Policy at http://privacy.msn.co.uk/anti-spam/default.asp. A breach of any part of the Anti-Spam Policy is a breach of this Agreement. Ac Computing may use filtering technology or other measures in its efforts to stop unsolicited bulk e-mail and unsolicited commercial e-mail, and if your use of the Loving Whispers Web Sites includes e-mail related services, then such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the Loving Whispers Web Sites even if such e-mail does not violate the Anti-Spam Policy.
6. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING
For materials you post or otherwise provide to Ac Computing related to the Loving Whispers Web Sites (a "Submission"), you grant Ac Computing permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the Loving Whispers Web Sites, and (2) sublicense these rights, to the maximum extent permitted by applicable law. Ac Computing will not pay you for your Submission. Ac Computing may remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to make the grants in this section. To the maximum extent permitted by applicable law, Ac Computing may monitor your e-mail, or other electronic communications and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this Agreement, and protecting the rights, property, and interests of the Ac Computing Parties or any customer of a Ac Computing Party.
7. SOFTWARE
Your use of any software associated with the Loving Whispers Web Sites will be governed by the terms and conditions of the end user license agreement ("EULA") accompanying such software. If you receive any software that is not accompanied by a EULA, then Ac Computing grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the Loving Whispers Web Sites and in accordance with this Agreement. Ac Computing reserves all rights to such software not expressly granted to you in this Agreement. Such software is protected by copyright and other intellectual property laws and treaties. Ac Computing or its suppliers own the title, copyright, and other intellectual property rights in such software, and such software is licensed, not sold. You will not disassemble, decompile, or reverse engineer, such software, except and only to the extent that such activity is expressly permitted by applicable law. Ac Computing may automatically check your version of such software and may automatically download upgrades to such software to your computer to update, enhance and further develop the Loving Whispers Web Sites.
8. INFORMATION AVAILABLE FROM THE Loving Whispers Web Sites
Ac Computing and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from the Loving Whispers Web Sites including stock quotes, even if such information appears in any e-mail, pager, cell phone or other alerts available through the Loving Whispers Web Sites. Ac Computing and its suppliers do not authorize the use of information available from the Loving Whispers Web Sites including stock quote or other financial information, for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes. Ac Computing is not a broker/dealer or registered investment advisor under United Kingdom federal securities law or securities laws of other jurisdictions, and does not advise individuals as to the advisability of investing in, purchasing or selling securities or other financial products or services. Nothing contained in the Loving Whispers Web Sites constitute an offer or solicitation to buy or sell any security. Ac Computing does not endorse or recommend any particular product or service, including financial products or services. Nothing contained in the Loving Whispers Web Sites is intended to constitute professional advice, including but not limited to, investment or tax advice.
9. Ac Computing MAKES NO WARRANTY
Ac Computing PROVIDES THE Loving Whispers Web Sites "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE Ac Computing PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE Ac Computing PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE Loving Whispers Web Sites WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
10. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL ANY Ac Computing PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE Loving Whispers Web Sites, EVEN IF SUCH Ac Computing PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 10 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE Loving Whispers Web Sites, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY Ac Computing PARTY WITH RESPECT TO THIS AGREEMENT OR THE Loving Whispers Web Sites, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Loving Whispers Web Sites.
11. CHANGES TO THE Loving Whispers Web Sites; ADDITIONAL LIABILITY LIMITATION
THE Ac Computing PARTIES MAY CHANGE THE Loving Whispers Web Sites OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the Loving Whispers Web Sites, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by Ac Computing and persons other than Ac Computing (any such person is referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT THE Ac Computing PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT Ac Computing IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE Loving Whispers Web Sites, (2) ANY INCOMPATIBILITY BETWEEN THE Loving Whispers Web Sites AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE Loving Whispers Web Sites IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE Loving Whispers Web Sites. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 9, 10 AND 11 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.
12. TERMINATION; ACCESS RESTRICTION
Ac Computing may terminate this Agreement, or terminate or suspend your access to the Loving Whispers Web Sites at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the Loving Whispers Web Sites will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE Loving Whispers Web Sites MAY NOT BE RETRIEVED LATER.
13. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
If this Agreement is with Ac Computing Corporation, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of Washington, without reference to conflict of laws principles. If this Agreement is with a Ac Computing affiliate, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation for such Ac Computing affiliate, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of residence in the United Kingdom, or, if you reside outside the United Kingdom, under the laws of the country to which the subject Loving Whispers Web Sites are directed. If this Agreement is with Ac Computing English Law applies in all disputes arising out of or relating to the use of the Loving Whispers Web Sites. If this Agreement is with a Ac Computing affiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such Ac Computing affiliate in all disputes arising out of or relating to the use of the Loving Whispers Web Sites.
14. INTERPRETING THE AGREEMENT; ASSIGNMENT
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. Ac Computing may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the Loving Whispers Web Sites. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and Ac Computing with respect to the Loving Whispers Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Ac Computing with respect to the Loving Whispers Web Sites. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
15. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM
YOU AND Ac Computing AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Loving Whispers Web Sites MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
16. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS
All contents of the Loving Whispers Web Sites are Copyright © 2004 Ac Computing Corporation and/or its suppliers. All rights reserved.
Ac Computing, and/or other Ac Computing products and services referenced herein may also be either trademarks or registered trademarks of Ac Computing in the United Kingdom and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
17. OTHER NOTICES
NONE
18. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
notifications of claimed copyright infringement should be sent to webmaster (at) lovingwhispers (dot) com. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.See Notice and Procedure for Making Claims of Copyright Infringement.