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TERMS OF SERVICE BETWEEN OlderFlames AND USER 1. THIS AGREEMENT: (OlderFlames
and User Agreement). By agreeing to the terms and conditions of this Agreement,
you (the "User") become a User of OlderFlames
and agree to be bound by this Agreement (the "Agreement"). This
Agreement is subject to change by OlderFlames
at any time, and such changes are effective upon posting of the change
herein. 2. USER REPRESENTATIONS
AND WARRANTIES: The User is solely responsible for the accuracy and authenticity
of the content of each message submitted to OlderFlames
The User represents and warrants to OlderFlames,
as follows: a. That User is authorised to submit the message to OlderFlames;
b. That the content of the message is factually and legally accurate at
the time of distribution. c. That the publication of the material in the
message does not violate any state, federal, statutory or common law copyright,
trademark, or service mark rights, any other property rights, privacy
rights, confidentiality rights or other proprietary rights of any third
party, d. User will be solely responsible for the development, operation,
and preparation of the message and for all materials that appear therein;
e. That the message does not contain any information which is defamatory,
libellous or otherwise illegal; and f. User has independently evaluated
the desirability of utilising OlderFlames
message services and is not relying on any representation, guarantee,
or statement other than as set forth in this Agreement. 3. USER'S INDEMNIFICATION
OBLIGATIONS: In the event that any third party brings any claim, action,
arbitration, or other proceeding against OlderFlames
(collectively, "legal proceeding"), arising from the distribution
or publication of any message provided by User to OlderFlames
for distribution or publication, or from any breach of this Agreement,
including but not limited to the inaccuracy of any warranty or representation
made by User herein, User shall indemnify, defend, and hold OlderFlames
and employees harmless in connection with any and all costs, expenses,
losses and liabilities as a result of any proceeding including, but not
limited to, legal representation fees, expert witness fees, costs, and
expenses. 4. RESERVATION OF THE RIGHT
TO REJECT MESSAGE: OlderFlames
reserves the right to reject User's message if OlderFlames
s determines, in its sole discretion, that the message is unsuitable for
distribution. Unsuitable releases may include, but are not limited to,
those messages that promote sexually explicit materials, promote violence,
promote discrimination based on race, sex, religion, nationality, disability,
sexual orientation, or age, promote illegal activities, or otherwise violate
intellectual property or other rights. If OlderFlames
rejects User's message, User is welcome to resubmit an alternative message
at any time. 5. NO WARRANTIES OR REPRESENTATIONS
BY OlderFlames:
No warranty is made by OlderFlames
regarding any services or products provided by or through OlderFlames.
OlderFlames
hereby expressly disclaims any and all warranties, including without limitation:
1) Any warranties as to the availability, accuracy, or content of information,
products, or services; 2) Any warranties of merchantability or fitness
for a particular purpose; 3) Any warranties against non-infringement;
4) Any other implied warranties arising from an alleged course of dealing
or of performance. 6. LIMITATION OF OlderFlames
LIABILITIES: Any liability of OlderFlames
or employees, for the failure of any performance, error, omission, interruption,
deletion, defect, delay in operation or transmission, communications line
failure, theft or destruction or unauthorised access to, alteration of,
or use of records, whether for breach of contract, tortuous, delictuous
behaviour, negligence, or under any other cause or action, shall be strictly
limited to a return of any amount paid by or on behalf of the User to
OlderFlames
in connection with the message or messages out of which the claim by User
arises. In no event shall OlderFlames
or employees be liable for any special, indirect, incidental or consequential
damages (including, but not limited to, any loss of revenue, lost profits,
or data). 7. NOTICES: Notices by
OlderFlames
to Users may be given by means of posting on the website http://www.OlderFlames.com
or by e-mail. 8. ENTIRE AGREEMENT: This
Agreement contains the entire agreement between the User and OlderFlames
s regarding the use of OlderFlames,
and supersedes all prior written and oral understandings and writings,
and may only be amended upon notice by OlderFlames
to Users. Unless otherwise explicitly stated, the provisions of this Agreement
shall survive its terminations. 9. JURISDICTION, VENUE,
AND CHOICE OF LAW: The parties agree that the exclusive location for purposes
of Jurisdiction and Venue is a court of appropriate jurisdiction in the
United Kingdom. In any such action, the parties agree that the law of
the United Kingdom shall apply and shall govern the determination of the
action. 10. LEGAL FEES: If OlderFlames brings an action to collect any sums due pursuant to this Agreement, OlderFlames shall be entitled to recover its reasonable solicitor/attorneys' fees, expert witness fees, and costs. If you agree with the above Terms of Service, please continue submitting your order. |
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