AGREEMENT
This Agreement sets forth the Standard Terms and Conditions that apply to use
of the featuring.com.
YOUR USE OF THE FEATURING
SERVICES INDICATES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE.
TERMS AND CONDITIONS
You agree to familiarize yourself with the Terms of Service, and abide by them
if you choose to use the sites, or accept the services or benefits, to which
such terms apply.
SERVICE
Featuring reserves the right to remove any listings or advertisements for any reason
at our sole discretion.
MEMBER CONDUCT
You agree to abide by all applicable local, state, national and international
laws and regulations regarding your use of our service.
You agree to not place ads
regarding adult services, products, or containing adult content in any shape or
form. You further agree to not place ads which contain slanderous or derogatory
comments or content.
Classified ads that violate these terms of service and/or our spam policy will
be deleted and your account will be closed without warning.
USER ACCOUNTS
Your account and User ID may not be transferred or sold to another party.
You agree that, with
respect to other users' personally identifiable information that you obtain
through the Site or through a Featuring' related communication or Featuring-facilitated
transaction, Featuring hereby grants to you a license to use such information
only for Featuring related communications that are not unsolicited commercial
messages and for completing the transaction in question.
You warrant that the
information you provide to us is complete, valid and honest. If you provide any
information that is untrue, not current or incomplete, or Featuring has
reasonable grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, Featuring has the right to refuse any and all current or
future use of the Featuring (or any portion thereof) by you.
You may only upload content
that belongs solely to you. You agree that you will not upload any content that
is in violation of any rights based on copyright or trademark.
ACCOUNT AND PASSWORD
You are responsible for maintaining the confidentiality of your account name
and password. You are solely responsible for all uses of your account, whether
or not authorized by you. You agree to immediately notify Featuring of any
unauthorized use of your account.
LINKS
The links on the Featuring Web Site may let you leave the Featuring Web Site.
You acknowledge that the linked sites are not under the control of Featuring
and Featuring is not responsible for the contents or operation of any linked
site or any link contained in a linked site, or any changes or any updates of
such sites. Featuring is not responsible for web casting or any other form of
transmission received from any linked site. Featuring is providing these links
to you only as a convenience, and the inclusion of any link does not imply
endorsement by Featuring of the linked site or any association with their
operators.
UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Featuring Web Site you warrant to Featuring
that you will not use the Featuring Web Site for any unlawful purpose.
RIGHTS GRANTED TO FEATURING
By posting messages, uploading files, inputting data, submitting any feedback
or suggestions, or engaging in any other form of communication with or through
the Featuring Web Site, you warrant and represent that you own or otherwise
control the rights necessary to do so and to grant Featuring the licenses set
forth below. You hereby grant Featuring and its affiliated companies permission
to:
1. Use, modify, copy, distribute,
transmit, publicly display, publicly perform, reproduce, publish, sub-license,
create derivative works from, transfer, or sell any such communication.
2. Sub-license to third parties the
unrestricted right to exercise any of the foregoing rights granted with respect
to the communication.
3. Publish your name in connection
with any such communication.
The foregoing grants shall
include the right to exploit any intellectual property or proprietary rights in
such communication, including but not limited to rights under copyright,
trademark, service mark, or patent laws under any relevant jurisdiction. No
compensation will be paid or due you with respect to Featuring's or its sub-
licensee's use of the materials contained within such communication. Featuring
is under no obligation to post or use any materials you may provide, and may
remove such materials at any time in Featuring's sole discretion.
RELATIONSHIP OF THE PARTIES
Nothing contained in this Agreement shall be construed as creating any agency,
legal representative, partnership, or other form of joint enterprise between
the parties. Neither party shall have authority to contract for or bind the
other in any manner whatsoever.
DISCLAIMER OF WARRANTIES/LIMITATION
OF LIABILITY
THE FEATURING SERVICE PROVIDED IS PROVIDED ON AN "AS IS", "AS
AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FEATURING EXPRESSLY DISCLAIMS ANY
REPRESENTATION OR WARRANTY THAT THE FEATURING SERVICE WILL BE ERROR-FREE,
TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY
FEATURING, ITS EMPLOYEES, LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY
YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
UNDER NO CIRCUMSTANCES,
INCLUDING NEGLIGENCE, WILL FEATURING, OR ITS AFFILIATES BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM
THE USE OF OR INABILITY TO USE THE FEATURING SERVICE, INCLUDING BUT NOT LIMITED
TO RELIANCE ON ANY INFORMATION OBTAINED ON THE FEATURING SERVICE; OR THAT
RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL,
LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR
TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF
GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO
RECORDS, PROGRAMS OR SERVICES. THE SUBSCRIBER HEREBY ACKNOWLEDGES THAT THIS
PROVISION WILL APPLY WHETHER OR NOT FEATURING IS GIVEN NOTICE OF THE
POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT,
MERCHANDISE OR SERVICES AVAILABLE FROM AND ITS AFFILIATES.
OUR LIABILITY, AND THE
LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS
LIMITED TO FIVE HUNDRED DOLLARS ($500).
THE TERMS OF THIS SECTION
SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON.
COPYRIGHT
AND TRADEMARKS
All contents of the Featuring Web Site are proprietary to Featuring, and/or its
suppliers and are protected under international Copyright and Trademark law.
All rights are reserved. Featuring reserves any rights not expressly granted
herein.
PROMOTIONAL MESSAGES
Featuring may, from time to time, send e-mail messages to Users regarding Users
account. Featuring will not, however, provide your e-mail address to third
parties, nor send you promotional messages regarding third party services not
directly related to Featuring.
REFUND POLICY
Because purchased services and subscriptions for the use of Featuring are
rendered and you have the use and receive the benefits of said services
instantly, all payments are final and refunds are at the discretion of
management.
CANCELLATION Upon termination of your rights to access and use the Featuring
Services, you must cease accessing and using the Featuring Services. You must
also promptly de-install, delete and destroy all copies of any Featuring
Content that you have downloaded, installed, saved, printed or reproduced in
any medium.
Upon termination of any paid Featuring Service and/or User Account, your
rights to access and use the paid Featuring Service and/or User Account will
cease and you must cease accessing and using the paid Featuring Service and/or
User Account; and there will be NO refund of any fees paid in advance for
such paid Featuring Service and/or User Account unless otherwise agreed in
writing by Autopilot Internet Ltd.
You will nonetheless still be liable for payment of any amounts due or other
obligations incurred in respect of such paid Featuring Service and/or User
Account before the termination.
CHARGEBACK POLICY
Chargebacks on Credit Cards for services provided will be defended if, in Featuring
reasonable opinion, the chargeback is not justified.
You acknowledge and specifically agree that chargebacks are unlawful if Featuring
services have been rendered.
Featuring will use this document to dispute your chargeback with your bank and
our processing company.
SEVERABILITY
If a Court of any competent authority decides that any provision (or part
thereof) of the Terms and Conditions is void or ineffective in whole or in
part, then the void or ineffective provision or part thereof will be deemed
excluded and all other provisions and parts of the Terms and Conditions will
not be affected and will continue in full force and effect.
SURVIVABILITY
The terms of this Agreement apply to those obligations that survive any
cancellation, termination, or rescission, namely - confidentiality/non-disclosure,
warranty, indemnification, liability and limits thereon, rights and obligations
upon and following termination and assignment.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless Featuring against any and all
claims, losses, liability costs and expenses (including but not limited to
reasonable attorneys' fees) arising from your violation of these Terms and
Conditions or any third-party's rights, (including, without limitation,
infringement of any copyright trademark, service mark, trade secrets, right of
privacy or publicity or any other third party right). The terms of this section
shall survive the termination of your relationship with Featuring.
ENTIRE AGREEMENT
Unless otherwise specified herein, this Agreement constitutes the complete and
exclusive statement of the Agreement between the parties regarding the products
and services provided hereunder, and supersedes any prior Agreements between
the parties with respect thereto.
MODIFICATION OF TERMS
Featuring reserves the right to modify this policy at any time and without
advance notice, effective upon making the modified provisions available on the Featuring
Web Site. You are responsible for regularly reviewing these documents.
Continued use of the Featuring Web Site after any such changes shall constitute
your consent to such changes. Featuring does not and will not assume any
obligation to notify you of any changes to the Terms of Service.
