Acceptance of Terms and Supplementary Terms
1. RULES OF CONDUCT
Your use of the website is expressly conditioned on your responsible and lawful participation in the website community. You agree that you will not, without our express prior written consent:
- modify, adapt, translate, reverse engineer, decompile, disassemble, frame, mirror, reproduce, duplicate, copy, sell, resell or otherwise exploit any element of the website outside of the license granted in Article 7;
- remove any copyright, trademark or other proprietary rights notice from the website or any materials posted on or originating from the website; use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine,” “harvest” or in any way gather website content, or reproduce or circumvent its navigational structure or presentation;
- take any action that, in our sole discretion, imposes, or may impose an unreasonable or disproportionately large load on our infrastructure or interrupt the operation of the website in anyway; or
- bypass any measures we may use to prevent or restrict access to any material, other accounts, computer systems or network connected to any Ladies Cyber Club server or to any part of the website,
You are permitted to create and use hyperlinks to this website provided that they and their use comply with all applicable laws, rules and regulations. The Ladies Cyber Club reserves the right to rescind this right at its sole discretion and prohibit you from creating, removing and using any hyperlinks to this website each at its sole discretion.
Violations of this Agreement may subject the violator and the violator’s agents to civil and criminal penalties.
You understand, acknowledge and agree that the Ladies Cyber Club may add or remove information or content from the website at its sole and absolute discretion.
2. INTELLECTUAL PROPERTY OWNERSHIP
All of the content featured or displayed on the website, including, without limitation, text, graphics, photographs, images, moving images, sound and illustrations (“Content”), is owned by the Ladies Cyber Club, its licensors, vendors, agents and/or its Content providers. The website, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark, patent and other laws relating to intellectual property rights.
The Ladies Cyber Club has obtained special permission to display the proprietary material of recipient organizations including their copyrights, trade names and logos. You may not, in any way, use these copyrights, trade names and logos for any reason without express written authorization.
Except for personal, informational or non-commercial purposes, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the website. Except as authorized under copyright law, you are responsible for obtaining permission before reusing any copyrighted material that is available on the website. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the website and Services. The website, its Content and all related rights shall remain the exclusive property of the Cyber Club or its licensors, vendors, agents and/or its Content providers, unless otherwise expressly agreed.
All trademarks, service marks and trade names of the Ladies Cyber Club or its partners, vendors or licensors used herein (including, but not limited to, the Ladies Cyber Club name, the logo, the names of recipient organizations and the logos of recipient organizations) (collectively “Marks”) are trademarks or registered trademarks of the Ladies Cyber Club or its partners, vendors or licensors.
Subject to your compliance with this Agreement, the Ladies Cyber Club hereby grants to you a limited, non-exclusive, revocable (in the Ladies Cyber Club’s sole discretion) license to access and use the website and download and print the content and information on or made available through the website (provided that you keep all copyright or other proprietary notices intact on such content and information), solely for your personal, non-commercial use. You may not republish such content or information on any other internet, intranet or extranet site or incorporate the content or information in any other database or compilation. Any other use of the Site or content and information is strictly prohibited. The Ladies Cyber Club and its licensors reserve all rights not expressly granted in and to the website and its content and information and all intellectual property rights therein (including the trademarks and service marks on the website).
5. THIRD-PARTY LINKS
From time to time, this website may contain links to web sites that are not owned, operated or controlled by the Ladies Cyber Club. All such links are provided solely as a convenience to you. If you use these links, you will leave this website. We are not responsible for any content, materials or other information located on or accessible from any other web site, nor any products or services that you buy from any other web sites or any donations made through any other web sites. We do not endorse, guarantee or make any representations or warranties regarding any other web sites, or any content, materials or other information located or accessible from any other web sites, or the products or services that you may obtain from using any other web sites or how any donations you make through such web sites will be used. We do not assume any responsibility for, and will not be liable for, any damages to, or any viruses, Trojan horse worms, or any destructive element that may infect your computer, telecommunication equipment or other property caused by or arising from your access to, use of, or browsing this website or any other web sites linked to or from this website. If you decide to access any other web sites linked to or from this website, you do so entirely at your own risk.
6. FORCE MAJEURE
Neither the Ladies Cyber Club nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance or requirement of any government or legal body or any representative of any such government or legal body; labor unrest, including, without limitation, strikes, slowdowns, picketing or boycotts; or inability to secure raw materials, transportation facilities or fuel, energy shortages, or acts or omissions of other common carriers.
YOUR USE OF THIS WEB SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY. THE LADIES CYBER CLUB MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEB SITE OR ANY CONTENT, SERVICE, MATERIAL OR FEATURE OF THE WEB SITE WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT ANY DEFECTS WILL BE CORRECTED, OR YOUR USE OF THE WEB SITE WILL PROVIDE ANY SPECIFIC RESULTS. THE LADIES CYBER CLUB DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH, OR RELATED TO, YOUR USE OF THE WEB SITE. THE LADIES CYBER CLUB DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND THE CYBER CLUB DOES NOT MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
8. LIMITATIONS OF LIABILITY
The Ladies Cyber Club will not be liable for any loss or damage arising from your failure to comply with this Agreement. The Ladies Cyber Club does not assume any responsibility for, and will not be liable for, any damages to, or any viruses, or any destructive element that may infect your computer, telecommunication equipment or other property caused by or arising from your access to, use of, or browsing this website, or your downloading of any information or materials from this website. We do not guarantee continuous, uninterrupted or secure access to our website or Services, and operation of the website may be interfered with by numerous factors outside of our control. we reserve the right to modify the website, and change, suspend, or discontinue providing all or part of the content or functionality of the website in our sole discretion, with or without notice. IN NO EVENT WILL THE LADIES CYBER CLUB AND ITS AFFILIATES, AND ITS AND THEIR TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT THE LADIES CYBER CLUB SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IF THE PRECEDING TERM IS FOUND UNENFORCEABLE, THE LADIES CYBER CLUB’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE SHALL NOT EXCEED THE GREATER OF (I) TWENTY-FIVE DOLLARS ($25.00), OR (II) THE LOWEST AMOUNT ENFORCEABLE UNDER APPLICABLE LAW. YOU ACKNOWLEDGE THIS LIMITATION OF RELIEF IS AN INTEGRAL PART OF THE BARGAIN BETWEEN THE PARTIES.
You agree to indemnify and hold the Ladies Cyber Club and its affiliates, and its and their trustees, directors, officers, employees, agents, or assigns, harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (a) your use of the website or your placement or transmission of any message or information on this website by you or your authorized users; (b) your violation of any of this Agreement, including without limitation, your breach of any of the representations and warranties herein; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; or (d) your violation of any law, rule or regulation of the United States or any other country.
In the event that you have a dispute with one or more other users of the website, you release the Ladies Cyber Club and its affiliates, and its and their trustees, directors, officers, employees, agents, or assigns, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
You or we may suspend or terminate your use of this website at any time, for any reason or for no reason. We may also block your access to our website in the event that (a) you breach these Terms and Conditions or (b) we believe that your actions may cause financial loss or legal liability for you, our users or us.
Any claim relating to, and the use of, this website and the materials contained herein is governed by the laws of the State of California. You consent to the exclusive jurisdiction of the state and federal courts located in the City and County of Los Angeles. A printed version of this Agreement will be admissible in judicial and administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms and Conditions and all incorporated agreements may be automatically assigned by the Ladies Cyber Club in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Those provisions that, by their nature, should survive any termination of this Agreement shall survive any termination of this Agreement.
In addition to all other remedies available to us, in the event of any breach or threatened breach of this Agreement, we shall be entitled to equitable relief by way of temporary restraining order, temporary and permanent injunction, specific performance and such other and further relief as any court with jurisdiction may deem proper without the need prove irreparable harm, or to post a bond or other securities.
13. ENTIRE AGREEMENT
14. ADDITIONAL ASSISTANCE
If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us via our contact page.
15. COPYRIGHT NOTICE
All website design, content, graphics, text selections, arrangements and all software are Copyright © 2014. ALL RIGHTS RESERVED.
Date of Last Update: 7 December 2015