Welcome to blogs, sites and services provided by ExoticExcess.com and its affiliated companies (the “Services”). You may not use our Services unless you agree to abide by the following terms.
BY USING OR BY SIGNING UP TO USE OUR SERVICES:
YOU AGREE TO RECEIVE NOTICES AND TERMS FROM US ELECTRONICALLY.
If you do not agree, do not use our Services.
2. ABOUT THE SERVICE; REGISTRATION
Our Services are intended for general audiences. If you sign up to use any of our Services, you agree to provide accurate information about you. You must keep this information up to date. You must be legally competent to enter into contracts. Our Services are part of a family of enhanced websites and services of ExoticExcess.com. Certain features of ExoticExcess.com, such as e-mail or online calendars, are available only to users who register with ExoticExcess.com. Registration with ExoticExcess.com is subject to the ExoticExcess.com Registered User Terms of Service. Some areas on our Services may contain information and topics intended for a mature audiences, which may not be suitable for children, young teenagers or to some adults. You acknowledge that you review such areas and information at your own risk. You must be at least 18 years of age to access areas for mature audiences. You agree that we may, but we have no obligation, to take reasonable steps to regulate access to any area on a Service that may be intended for mature audiences only.
3. ADDITIONAL TERMS.
If we offer features and sites where you can upload or download files, you agree that these features may be subject to supplemental rules that will be binding on you.
4. ELECTRONIC DELIVERY POLICY AND YOUR CONSENT.
You give us consent to provide you with required notices, agreements and information concerning our Services electronically. We will provide you our notices either by sending them to the e-mail address that you give to us or by posting the notices on the home page of the relevant web page of the applicable service. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of our Services.
We may discontinue or change any service or feature on our Services at any time and without notice.
7. ACCESS COSTS.
You must provide at your own expense the equipment and Internet connections that you will need to access our Services. If you use a telephone line for access, please call your local phone company to determine if the access numbers you select are subject to long distance or other toll charges at your location. Also, wireless, data or text messaging charges apply if you access our Services through wireless applications (e.g., cell phones). Check with your carrier to verify whether there are any such fees that may apply to you.
8. YOUR RESPONSIBILITIES.
You may use our Services for lawful purposes only. You may not engage in any conduct that:
violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, obscene, pornographic, invasive of another’s privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
impersonates any person, licensed professional, business or entity, including our employees and agents;
contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
offers, promotes or encourages betting or wagering prohibited by law;
interferes with the use of our Services by others;
causes damage or impairs our servers or network;
interferes with any other party’s use and enjoyment of our Services; or
attempts to gain unauthorized access to our services, user accounts, computer systems or networks.
9. NO SPAM.
You may not transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages) through our Services. You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use our Services to violate the terms of this section. We may terminate immediately your access to our Services and take any other legal action if you, or anyone using your access to our Services, violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining with in our computer or communications networks.
10. CONTENT AND PROPRIETARY RIGHTS.
We, our suppliers, and our users who lawfully post text, messages, information, software, images, audio and video (“Content”) on the Services own the property rights to that Content. The Content is protected by international treaties, and by copyright, trademark, patent, and trade secret laws and other proprietary rights. For example, we own a copyright in the selection, organization, arrangement, and enhancement of the Content, as well as in our original Content. The look and feel of our color combinations, button shapes, and other graphical elements on our Services are our trademarks. You acknowledge that our Services do not give or purport to give medical, legal, financial or other professional advice. Your use of any information from the Services is at your own risk.
11. LICENSE TO USE THE SERVICES.
You may use the Services only for personal, non-commercial purposes. You may use Content offered for downloading, such as photos and music, for personal use only and subject to the rules that accompany that particular Content. You may not use the Content in a manner that exceeds the rights granted for your use of the Content. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of our Services or Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content. Visit our Copyright Permission Page for information on how you can request permission to reproduce certain Content from our Services.
12. CONTENT YOU POST TO PUBLIC AREAS.
13. NO DUTY TO MONITOR.
You agree that we are not liable for Content that is provided by others. We have no duty to pre-screen Content, but we have the right to refuse to post or to edit submitted Content. We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material.
14. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on a Service in a way that constitutes copyright infringement, please follow the instructions on how to contact us to report possible copyright infringement.
15. THIRD PARTY SITES; ADVERTISERS.
Our Services may include links to third party websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that we endorse these third party sites or services. We are not responsible or liable for any Content or other materials on these third party sites. Any dealings that you have with advertisers found on our Services are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.
16. USE OF SOFTWARE.
We may automatically check your version of the software and update it to improve its performance and capabilities. If you shut down the software during an automatic update or otherwise interfere with the installation of the update, the software may be damaged and/or cease to operate.
The software is a “commercial item,” as that term is defined in 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 27.405(b)(2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government end users acquire the software with only those rights as set forth herein.
You agree to fully comply with all import and export laws, regulations, rules and orders of the United States, or any foreign government agency or authority, and that you will not directly or indirectly export, re-export, transfer and/or release the software, related technology, or any product thereof, for any proscribed end-use, or to any proscribed country, entity or person (wherever located), without proper authorization from the U.S. and/or foreign government. You bear responsibility for and assume all expenses relating to your compliance with the described laws, regulations, rules and orders, and for obtaining all necessary authorizations and clearances. You further agree to assume responsibility for and bear all expenses relating to your compliance with the described laws, regulations, rules and orders, and obtaining all necessary authorizations and clearances.
17. DISCLAIMER OF WARRANTIES.
We provide our Services “as is”, “with all faults” and “as available.” We and our suppliers make no express warranties or guarantees about the Services. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE SERVICES AND ALL SOFTWARE, CONTENT AND SERVICES DISTRIBUTED THROUGH OUR SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS, ARE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OUR SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY OF OUR REPRESENTATIVES SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change.
18. LIMITATION OF LIABILITY.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF OUR SERVICES. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR PARENT AND OUR SUPPLIERS FOR ANY AND ALL CLAIMS RELATING TO THE USE OF A SERVICE EXCEED THE TOTAL AMOUNT OF SERVICE FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE.
WE, OUR PARENT, AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR PARENT AND SUPPLIERS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Upon a request by us, you agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of the Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
20. INTERNATIONAL USE.
We make no representation that Content on the Services is appropriate or available for use in locations outside the United States, and accessing it from territories where the Content is illegal is prohibited. If you choose to access a Service from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.
21. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES.
You agree that the laws of the Commonwealth of Kentucky govern this contract and any claim or dispute that you may have against us, without regard to Kentucky’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the Commonwealth of Kentucky and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
22. SEVERABILITY AND INTEGRATION.