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TotalVictoria.com Network is a social networking service that allows
members to create unique
personal profiles online in order to find and communicate with old and
new friends. The service is operated by Totalvictoria.com. By using the
The Totalvictoria.com website network you agree to be bound by these
Terms of Use (this "Agreement"),
whether or not you register as a member ("Member"). If you wish to
become a Member, communicate with other Members and make use of
Totalvictoria resources and services, please read this Agreement and
indicate your acceptance by following the instructions in the
Registration process.
This Agreement sets out the legally binding terms for your use of the Website and your Membership in the Service.
Totalvictoria
may modify this Agreement from time to time and such
modification shall be effective upon posting by Totalvictoria on the
Website.
You agree to be bound to any changes to this Agreement when you use the
Service after any such modification is posted. This Agreement includes
Totalvictoria's policy for acceptable use and content posted on the
Website,
your rights, obligations and restrictions regarding your use of the
Website and the Service and Totalvictoria's Privacy Policy.
Please choose carefully the information you post on
a Totalvictoria network site and that you provide to other Members. Any
photographs posted by
you may not contain nudity, violence, or offensive subject matter.
Information provided by other Totalvictoria Members (for instance, in
their
Profile) may contain inaccurate, inappropriate or offensive material,
products or services and Totalvictoria assumes no responsibility nor
liability
for this material.
Totalvictoria reserves the right, in its sole discretion,
to reject, refuse to post or remove any posting (including email) by
you, or to restrict, suspend, or terminate your access to all or any
part of the Website and/or Services at any time, for any or no reason,
with or without prior notice, and without lability.
By participating in any offline Totalvictoria event, you
agree to release and hold Totalvictoria harmless from any and all losses,
damages, rights, claims, and actions of any kind including, without
limitation, personal injuries, death, and property damage, either
directly or indirectly related to or arising from your participation in
any such offline Totalvictoria event.
Terms of Use
1) Eligibility.
Membership in the Service where void is prohibited.
By using the Website and the Service, you represent and warrant that
all registration information you submit is truthful and accurate and
that you agree to maintain the accuracy of such information. You
further represent and warrant that you are 18 years of age or older and
that your use of the Totalvictoria shall not violate any applicable law or
regulation. Your profile may be deleted without warning, if it is found
that you are misrepresenting your age. Your Membership is solely for
your personal use, and you shall not authorize others to use your
account, including your profile or email address. You are solely
responsible for all Content published or displayed through your
account, including any email messages, and for your interactions with
other members.
2) Term/Fees.
This Agreement shall remain in full force and effect
while you use the Website, the Service, and/or are a Member. You may
terminate your membership at any time. Totalvictoria may terminate your
membership for any reason, effective upon sending notice to you at the
email address you provide in your Membership application or other email
address as you may subsequently provide to Totalvictoria. By using the Service
and by becoming a Member, you acknowledge that Totalvictoria reserves the
right to charge for the Service and has the right to terminate a
Member's Membership. Member should breach this Agreement or fail to pay
for the Service, as required by this Agreement.
3) Non Commercial Use by Members.
The Website is for the personal use of Members only
and may not be used in connection with any commercial endeavors except
those that are specifically endorsed or approved by the management of
Totalvictoria. Illegal and/or unauthorized use of the Website,
including
collecting usernames and/or email addresses of Members by electronic or
other means for the purpose of sending unsolicited email or
unauthorized framing of or linking to the Website will be investigated.
Commercial advertisements, affiliate links, and other forms of
solicitation may be removed from member profiles without notice and may
result in termination of membership privileges. Appropriate legal
action will be taken by Totalvictoria for any illegal or unauthorized
use of
the Website.
4) Proprietary Rights in Content on BoonEx.
Totalvictoria owns and retains all proprietary rights in
the Website and the Service. The Website contains copyrighted material,
trademarks, and other proprietary information of Totalvictoria and its
licensors. Except for that information which is in the public domain or
for which you have been given written permission, you may not copy,
modify, publish, transmit, distribute, perform, display, or sell any
such proprietary information.
5) Content Posted on the Site.
a. You understand and agree that Totalvictoria may review
and delete any content, messages, Instant Messenger messages, photos or
profiles (collectively, "Content") that in the sole judgment of Totalvictoria
violate this Agreement or which may be offensive, illegal or violate
the rights, harm, or threaten the safety of any Member.
b. You are solely responsible for the Content that
you publish or display (hereinafter, "post") on the Service or any
material or information that you transmit to other Members.
c. By posting any Content to the public areas of the
Website, you hereby grant to Totalvictoria the non-exclusive, fully paid,
worldwide license to use, publicly perform and display such Content on
the Website. This license will terminate at the time you remove such
Content from the Website.
d. The following is a partial list of the kind of
Content that is illegal or prohibited on the Website. Totalvictoria reserves
the right to investigate and take appropriate legal action in its sole
discretion against anyone who violates this provision, including
without limitation, removing the offending communication from the
Service and terminating the membership of such violators. Prohibited
Content includes Content that:
i. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
ii. harasses or advocates harassment of another person;
iii. involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
iv. promotes information that you know is false
or misleading or promotes illegal activities or conduct that is
abusive, threatening, obscene, defamatory or libelous;
v. promotes an illegal or unauthorized copy of
another person's copyrighted work, such as providing pirated computer
programs or links to them, providing information to circumvent
manufacture-installed copy-protect devices, or providing pirated music
or links to pirated music files;
vi. contains restricted or password only access
pages or hidden pages or images (those not linked to or from another
accessible page);
vii. provides material that exploits people
under the age of 18 in a sexual or violent manner, or solicits personal
information from anyone under 18;
viii. provides instructional information about
illegal activities such as making or buying illegal weapons, violating
someone's privacy, or providing or creating computer viruses;
ix. solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
or x. involves commercial activities and/or
sales without our prior written consent such as contests, sweepstakes,
barter, advertising, or pyramid schemes.
e. You must use the Service in a manner consistent
with any and all applicable laws and regulations. f. You may not engage
in advertising to, or solicitation of, any Member to buy or sell any
products or services through the Service. You may not transmit any
chain letters or junk email to other Members. Although Totalvictoria cannot
monitor the conduct of its Members off the Website, it is also a
violation of these rules to use any information obtained from the
Service in order to harass, abuse, or harm another person, or in order
to contact, advertise to, solicit, or sell to any Member without their
prior explicit consent. In order to protect our Members from such
advertising or solicitation, Totalvictoria reserves the right to restrict the
number of emails which a Member may send to other Members in any
24-hour period to a number which Totalvictoria deems appropriate in its sole
discretion.
g. You may not cover or obscure the banner
advertisements on your personal profile page, or any Totalvictoria page via
HTML/CSS or any other means.
h. Any automated use of the system, such as using scripts to add friends, is prohibited.
i. You may not attempt to impersonate another user or person who is not a member of Totalvictoria.
j. You may not use the account, username, or
password of another Member at any time nor may you disclose your
password to any third party or permit any third party to access your
account.
k. You may not sell or otherwise transfer your profile.
6) Copyright Policy.
You may not post, distribute, or reproduce in any
way any copyrighted material, trademarks, or other proprietary
information without obtaining the prior written consent of the owner of
such proprietary rights. It is the policy of Totalvictoria to terminate
membership privileges of any member who repeatedly infringes copyright
upon prompt notification to Totalvictoria by the copyright owner or the
copyright owner's legal agent. Without limiting the foregoing, if you
believe that your work has been copied and posted on the Service in a
way that constitutes copyright infringement, please provide our
Copyright Agent with the following information: an electronic or
physical signature of the person authorized to act on behalf of the
owner of the copyright interest; a description of the copyrighted work
that you claim has been infringed; a description of where the material
that you claim is infringing is located on the Website; your address,
telephone number, and email address; a written 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; 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. Totalvictoria's Copyright Agent for notice of
claims of copyright infringement can be reached via email address.
7) Member Disputes.
You are solely responsible for your interactions
with other Totalvictoria Members. Totalvictoria reserves the right, but has no
obligation, to monitor disputes between you and other Members.
8) Disclaimers.
Totalvictoria is not responsible for any incorrect
or
inaccurate Content posted on the Website or in connection with the
Service provided, whether caused by users of the Website, Members or by
any of the equipment or programming associated with or utilized in the
Service. Totalvictoria is not responsible for the conduct, whether
online or
offline, of any user of the Website or Member of the Service.
Totalvictoria
assumes no responsibility for any error, omission, interruption,
deletion, defect, delay in operation or transmission, communications
line failure, theft or destruction or unauthorized access to, or
alteration of, any user or Member communication. Totalvictoria is not
responsible for any problems or technical malfunction of any telephone
network or lines, computer online systems, servers or providers,
computer equipment, software, failure of any email or players due to
technical problems or traffic congestion on the Internet or at any
Website or combination thereof, including any injury or damage to users
and/or Members or to any person's computer related to or resulting from
participation or downloading materials in connection with the Website
and/or in connection with the Service. Under no circumstances shall
Totalvictoria be responsible for any loss or damage, including personal
injury
or death, resulting from use of the Website or the Service or from any
Content posted on the Website or transmitted to Members, or any
interactions between users of the Website, whether online or offline.
The Website and the Service are provided "AS-IS" and Totalvictoria
expressly
disclaims any warranty of fitness for a particular purpose or
non-infringement. Totalvictoria cannot guarantee and does not promise
any
specific results from use of the Website and/or the Service.
9) Limitation on Liability.
IN NO EVENT SHALL Totalvictoria BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM
YOUR USE OF THE WEB SITE OR THE SERVICE, EVEN IF Totalvictoria HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO
THE CONTRARY CONTAINED HEREIN, Totalvictoria.S LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES
BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO Totalvictoria FOR THE SERVICE
DURING THE TERM OF MEMBERSHIP.
10) Disputes.
If there is any dispute about or involving the
Website and/or the Service, by using the Website, you agree that any
dispute shall be governed by the laws of the area in which we are based
without regard to conflict of law provisions and you agree to personal
jurisdiction by and venue in the area in which we are based.
11) Indemnity.
You agree to indemnify and hold Totalvictoria, its
subsidiaries, affiliates, officers, agents, and other partners and
employees, harmless from any loss, liability, claim, or demand,
including reasonable attorneys' fees, made by any third party due to or
arising out of your use of the Service in violation of this Agreement
and/or arising from a breach of this Agreement and/or any breach of
your representations and warranties set forth above.
12) Other.
This Agreement is accepted upon your use of the
Website and is further affirmed by you becoming a Member of the
Service. This Agreement constitutes the entire agreement between you
and Totalvictoria regarding the use of the Website and/or the Service. The
failure of Totalvictoria to exercise or enforce any right or provision of this
Agreement shall not operate as a waiver of such right or provision. The
section titles in this Agreement are for convenience only and have no
legal or contractual effect. Please contact us with any questions
regarding this Agreement. Totalvictoria is a trademark of Totalvictoria.com.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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