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TERMS AND CONDITIONS FOR VELVET CHOKERS
& OUR AFFILIATE WEBSITES, BLOGS AND FORUMS
Your use of this web
site ("Site"), owned by Velvet Chokers & our
affiliates, and the features at this Site are subject to these
Terms and Conditions ("Terms"), which we may update
from time to time. Your use of this Site after we post any
changes to these Terms constitutes your agreement to those
changes. Velvet Chokers & our affiliates may, in our sole
discretion, and at any time, discontinue this Site or any
part thereof, with or without notice, or may prevent your
use of this Site with or without notice to you. You agree
that you do not have any rights in this Site and that Velvet
Chokers & our affiliates will have no liability to you
if this Site is discontinued or your ability to access it
is terminated. If you do not agree with these Terms, you should
immediately discontinue all use of this Site.
Velvet Chokers &
our affiliates Content
Content on this Site
provided by Velvet Chokers & our affiliates or its Licensors,
including certain art work, graphics, photographs, images,
screen shots, text, music, digitally downloadable files, video
clips, trademarks, logos, product and character names, slogans,
and the compilation of the foregoing ("Velvet Chokers
& our affiliates Content") is the property of Velvet
Chokers & our affiliates and its licensors and is protected
in the U.S. and internationally under trademark, copyright,
and other intellectual property laws. Content provided by
users of the site ("Submitted Content"), such as
user-posted content, including graphics, video clips, images,
trademarks, trade names, characters, and trademarks and copyrights
is the property of the parties that provided that content,
and is used by Velvet Chokers & our affiliates subject
to license, or subject to the fair use provisions of U.S.
copyright or trademark law or made permissible under other
applicable law. Although Velvet Chokers & our affiliates.com
makes efforts to insure that all material on this site is
correct, accuracy cannot be, and is not, guaranteed by VelvetChokers.com
& our affiliates.
You agree not to download,
display or use any Velvet Chokers & our affiliates Content
or Submitted Content located on the Site for use in any publications,
in public performances, on websites other than this Site for
any other commercial purpose, in connection with products
or services that are not those of Velvet Chokers & our
affiliates, in any other manner that is likely to cause confusion
among consumers, that disparages or discredits Velvet Chokers
& our affiliates and/or its licensors, that dilutes the
strength of Velvet Chokers & our affiliates's or its licensor's
property, or that otherwise infringes Velvet Chokers &
our affiliates's or its licensor's intellectual property rights.
You further agree to in no other way misuse any Velvet Chokers
& our affiliates Content or Submitted Content that appears
on this Site. If you are a trademark or copyright owner and
you believe that your trademark or copyright rights have been
violated, please go to our Contact Us link and follow the
instructions at that area. Users who believe that user-posted
content includes infringing materials should click on the
Copyright icon while playing or judging.
Posting Submitted Content
On certain areas of
our Site you may be able to submit texts, files, images, photos,
videos, sounds, musical works, works of authorship, text postings,
and other materials and content ("Submitted Content").
Your posting of Submitted Content is subject to these Terms,
the following terms ("Submission Rules"), and any
additional terms posted for a specific feature:
• No Illegal,
Infringing or Abusive Message Content: You understand and
acknowledge that you are responsible for your Submitted Content,
and agree not to post any content that is unlawful, harmful,
tortious, defamatory, libelous, obscene, invasive of the privacy
of another person, threatening, harassing, abusive, hateful,
racist, infringing, pornographic, violent or otherwise objectionable
or inappropriate as determined by Velvet Chokers & our
affiliates.
• No Violations of Third Party Rights: You agree that
you will not post any content that contains personal information
about any individual, violates the privacy/publicity of any
other individual or entity, or anything that you are under
a contractual obligation to keep private or confidential.
You agree that you will not impersonate any person or organization,
including without limitation, the personnel of Velvet Chokers
& our affiliates. You further agree that you will not
misrepresent an affiliation with another person or organization,
nor will you post any content that contains slanderous or
libelous comments about others, or that infringes any copyright,
trademark, patent, trade secret or other intellectual property
right of a third party.
• No Commercial Use: You agree that you will not post
any content that contains business solicitation of any type,
including advertising a product or service, offering a product
or service for sale, or directing readers to a location for
more information about a product or service.
• No Viruses, Corrupting Files or Interference: You
agree that you will not post any software, files or links
to other sites, and that you will not post any content that
contains viruses, corrupted files, or any other similar software
or programs that may adversely affect the operation of the
Site, or feature of the Site. You further agree that you will
not modify in any way any specifications, technology or application
codes provided to you by Velvet Chokers & our affiliates
or as embedded in the Submitted Content unless expressly authorized
in writing by Velvet Chokers & our affiliates.
• Use of Account Information: You may not share or transfer
password or other access information with any other party,
temporarily or permanently. You shall bear sole responsibility
for all use of your account and for the confidentiality of
your password.
• Responsibility of Postings: You understand and acknowledge
that Submitted Content is solely your responsibility, and
that Velvet Chokers & our affiliates are not responsible
for the information, data, text or other materials that may
appear in Submitted Content. Opinions expressed in Submitted
Content do not necessarily reflect the opinions of Velvet
Chokers & our affiliates, and Velvet Chokers & our
affiliates do not endorse and has no control over Submitted
Content. Submitted Content is not necessarily reviewed by
Velvet Chokers & our affiliates prior to posting and Velvet
Chokers & our affiliates make no warranties, express or
implied, as to the Submitted Content or to the accuracy and
reliability of the Submitted Content.
• No Monitoring/Violation Notices: Velvet Chokers &
our affiliates do not necessarily monitor any materials posted,
transmitted, or communicated to or within the Site. If you
believe that something on the Site violates these Terms, please
email support@VelvetChokers.com.
• User Termination/No Ownership: You understand and
agree that you have no ownership rights in your account or
other access to the Site or features therein. Velvet Chokers
& our affiliates may cancel your Account and delete all
Submitted Content associated with your Account at any time,
and without notice, if Velvet Chokers & our affiliates
deem that you have violated these Terms, the Submission Rules,
the law, or for any other reason. Velvet Chokers & our
affiliates assumes no liability for any information removed
from our Site, and reserves the right to permanently restrict
access to the Site or a user Account.
• No Confidentiality: The nature of this Site is interactive
and public. By posting Submitted Content, you understand and
acknowledge that any materials, ideas or other communications
you transmit in any manner and for any reason will not be
treated as confidential or proprietary. Furthermore, you acknowledge
and agree that any ideas, concepts, techniques, procedures,
methods, systems, video, scripts, music, photographs, designs,
plans, charts, or other materials you transmit to Velvet Chokers
& our affiliates may be used by Velvet Chokers & our
affiliates anywhere, anytime, and for any reason whatsoever
subject to the terms of the Submitted Content License described
in Ownership of Posted Content and License thereto, below.
Ownership of Posted
Content and License Thereto
After posting your Submitted
Content to the Site, you continue to retain all ownership
rights in such Submitted Content, and you continue to have
the right to use your Submitted Content in any way you choose,
subject to these Terms and the license described herein ("Submitted
Content License"). Velvet Chokers & our affiliates
may delete any Submitted Content that in the sole judgment
of Velvet Chokers & our affiliates violates these
Terms or the Submission Rules.
• Scope of License:
By displaying, publishing, or otherwise posting any Submitted
Content on or through the Site, you hereby grant to Velvet
Chokers & our affiliates a limited, non-exclusive, sub-licensable,
worldwide, fully-paid, royalty free license to use, modify,
publicly perform, publicly display, reproduce, and distribute
such Submitted Content without the requirement to make payment
to any third party or the need to seek any third party permission.
This license includes the right to host, index, cache, distribute,
and tag any Submitted Content.
• Representations: You represent and warrant that you
own the Submitted Content displayed, published or posted by
you on the Site and otherwise have the right to grant the
license set forth herein, and the displaying, publishing or
posting of your Submitted Content, and that our use thereof
pursuant to the submitted Content License, does not/will not
violate the privacy rights, publicity rights, copyrights,
trademark rights, contract rights or any other intellectual
property rights or other rights of any person or entity. You
agree to pay all royalties, fees, and any other monies owing
any person by reason of any Submitted Content displayed, published
or posted by you to the Site. Except for your Submitted Content,
you may not copy, modify, translate, publish, broadcast, transmit,
distribute, perform, display, or sell any Submitted Content
appearing on this Site.
• Selling Items: Velvet Chokers & our affiliates
offer visitors the option to post website links, that may
lead to internet sales, on the Velvet Chokers & our affiliates
site. Visitors must opt-in to take advantage of this opportunity,
and may opt-out at any time by changing their account preferences.
Velvet Chokers & our affiliates reserve the right to change
the program in any way in the future, but visitors will continue
to have the opportunity to opt-out.
Velvet Chokers & our affiliates Marketplace
VelvetChokers.com acts
as a place for customers to post jewelry reviews and their
information and potentially contact infomation. Velvet Chokers
& our affiliates do not represent either the customer
or their information, but rather provides a neutral place
for jewelry lovers to connect. Velvet Chokers & our affiliates
Marketplace may be used only for lawful purposes by people
seeking jewelry & jewelry reviews.
Velvet Chokers &
our affiliates are not involved in any transactions between
customers. Velvet Chokers & our affiliates are not an
employer of any customers with testimonials posted, and shall
not be responsible for any decisions made by visitors to interact
with other customers. Velvet Chokers & our affiliates
make no representations about any customers. Velvet Chokers
& our affiliates have no control over the content submitted
by either party, the quality, safety or legality of the gigs
posted, the truth or accuracy of the listings, the ability
of venues posing to offer opportunities to visitors and Velvet
Chokers & our affiliates may take any action with respect
to content submitted that it deems necessary or appropriate
in its sole discretion to protect Velvet Chokers & our
affiliates. Content submitted via Velvet Chokers & our
affiliates Marketplace shall be deemed "Submitted Content"
for purposes of these Terms. While Velvet Chokers & our
affiliates reserves the right in its sole discretion to remove
content submitted, customer information or other material
from Velvet Chokers & our affiliates from time to time,
Velvet Chokers & our affiliates do not assume any obligation
to do so and disclaims any liability for failing to take any
such action. Users should be aware of the risk of risk of
physical and other harm that is inherent in dealing with third
parties you connect with via websites such as Velvet Chokers
& our affiliates. Velvet Chokers & our affiliates
assume no responsibility for any such dealings or contact.
Velvet Chokers & our affiliates cannot and does not confirm
that each customer is who they claim to be. Any disputes between
customers must be resolved amongst themselves, and by using
Velvet Chokers & our affiliates, all customers hereby
agree to release Velvet Chokers & our affiliates (and
its officers, directors, employees and agents) from claims,
demands and damages (actual and consequential and direct and
indirect) 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. If You are a California
resident, You waive California Civil Code Section 1542, which
says: "A general release does not extend to claims which
the creditor does not know or suspect to exist in his or her
favor at the time of executing the release, which if known
by him or her must have materially affected his or her settlement
with the debtor." Velvet Chokers & our affiliates
specifically prohibits any of the following in connection
with Marketplace: (a) post any information for any purpose
other than jewelry reviews; or (b) post any incomplete, false
or inaccurate biographical information or information.
Velvet Chokers &
our affiliates reserve the right to require paid access for
certain Velvet Chokers & our affiliates Marketplace features.
In such event, a valid credit card number will be required.
You will be billed for your first month immediately upon selecting
such option. Such service will be billed in advance on a monthly
basis. There will be no refunds or credits for partial months
of service, upgrade/downgrade refunds, or refunds for months
unused with an open account. For any upgrade or downgrade,
your credit card that you provided will automatically be charged
the new rate on your next billing cycle. The Velvet Chokers
& our affiliates Marketplace offerings and pricing are
subject to change at any time with or without notification.
If Velvet Chokers & our affiliates terminate your account
membership because you have breached these Terms, you will
not be entitled to any refund of fees paid. Downgrading your
service may cause the loss of content, features, or capacity
of your Account. Velvet Chokers & our affiliates do not
accept any liability for such loss. You are solely responsible
for properly canceling your account. You can cancel your account
at any time by emailing Support@VelvetChokers.com and formally
requesting your account being cancelled. All of your content
will be immediately deleted from the service upon cancellation.
This information cannot be recovered once your account is
cancelled. If you cancel the service before the end of your
current paid up month, your cancellation will take effect
immediately. Velvet Chokers & our affiliates, in its sole
discretion, has the right to suspend or terminate your account
and refuse any and all current or future use of the service,
or any other Velvet Chokers & our affiliates service,
for any reason at any time. Such termination of the service
will result in the deactivation or deletion of your account
or your access to your account, and the forfeiture and relinquishment
of all Content in your account. Velvet Chokers & our affiliates
reserves the right to refuse service to anyone for any reason
at any time.
Velvet Chokers &
our affiliates help with dispute resolution by providing members
with an online tool to report and track their disputes using
the dispute console. Technical support is only provided to
paying account holders and is primarily available via email.
When suspicious activity is reported, Community investigates
the situation. We will warn, suspend, or otherwise restrict
accounts that violate our policies. Questions and concerns
can be addressed to support@VelvetChokers.com.
Indemnification
You agree to indemnify
and hold Velvet Chokers & our affiliates, its parents,
subsidiaries, officers, employees, and website contractors
and each of their officers, employees and agents harmless
from any claims, damages and expenses, including reasonable
attorneys' fees and costs, related to your violation of these
Terms, including the Submission Rules, or any violations thereof
by your dependents or which arises from the use of Submitted
Content.
Velvet Chokers &
our affiliates and the Community
Velvet Chokers &
our affiliates and the Community work together to keep Velvet
Chokers & our affiliates running and the Community safe.
If you have concerns about Velvet Chokers & our affiliates
or a user on Velvet Chokers & our affiliates, please contact
the Velvet Chokers & our affiliates staff directly.
Velvet Chokers &
our affiliates's Community Team works to ensure that the site
is safe, accessible, and enjoyable to all of our members,
partners, and sponsors. Velvet Chokers & our affiliates,
at it sole discretion, may deactivate, suspend, or terminate
our services and user accounts, prohibit access to areas or
the entirety of the Velvet Chokers & our affiliates web
Site, remove content, and take other technical or legal steps
to keep users off the Site if they are acting in a manner
inconsistent with Velvet Chokers & our affiliates's Terms
and Conditions and/or Community Values.
You also agree that
you will not:
• Infrastructure:
Utilize any technology or take any action with the intent
of overloading or disrupting the normal operation of the Velvet
Chokers & our affiliates infrastructure;
• Permissions: Copy, reproduce, modify, create derivative
works from, distribute, or publicly display any content (except
for Your Information) from the Sites without the prior express
written permission of Velvet Chokers & our affiliates
and any other appropriate parties;
• Interference: Interfere or attempt to interfere with
the proper working of the Velvet Chokers & our affiliates
site, communication between users on the site, or any other
activities conducted on the site, including the ranking of
entries while judging
Your Obligations When
Ranking Content
At this Site you may
be given the opportunity to review and rank Submitted Content.
You are solely responsible for your rankings and reviews,
which must adhere to these Terms, including the Submission
Rules.
Privacy/Children
On certain areas of
our Site, you may be given the ability to provide us with
personally identifiable information. Children under the age
of 13 are not permitted to register for an Account or use
other interactive features of our Site. Please read our Privacy
Policy for more information about our information collection
and use practices.
Third Party Websites
This Site may hyperlink
to sites not maintained or related to Velvet Chokers &
our affiliates. Hyperlinks are provided as a service to users
and are not sponsored by or affiliated with this Site or Velvet
Chokers & our affiliates, and Velvet Chokers & our
affiliates makes no representations or warranties about the
content, completeness, or accuracy of those third party sites.
Information you submit at a third party site accessible from
this Site is subject to the terms of that site's privacy policy,
and Velvet Chokers & our affiliates has no control over
how your information is collected, used, or otherwise handled.
Representations and
Limitations of Liability
Velvet Chokers &
our affiliates make no representations about the reliability
of the features of this Site, the Velvet Chokers & our
affiliates Content, Submitted Content, or any other Site feature,
and disclaims all liability in the event of any service failure.
You acknowledge that any reliance on such material and/or
systems will be at your own risk. Velvet Chokers & our
affiliates make no representations regarding the amount of
time that any Velvet Chokers & our affiliates Content
or Submitted Content will be preserved. Velvet Chokers &
our affiliates does not endorse, verify, evaluate or guarantee
any information provided by users, including rankings, reviews,
or other Submitted Content and nothing shall be considered
as an endorsement, verification or guarantee of any ranking,
review or Submitted Content. You shall not create or distribute
information, including but not limited to advertisements,
press releases or other marketing materials, or include links
to any sites which contain or suggest an endorsement by Velvet
Chokers & our affiliates without the prior review and
written approval of Velvet Chokers & our affiliates. Notwithstanding
the foregoing, you may accurately disclose and describe your
participation in this Site and your Submitted Content (for
example, describing and promoting your Submitted Content on
a personal blog or in emails).
THIS SITE IS PROVIDED
ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE
WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL Velvet
Chokers & our affiliates BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT
RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR
SHALL Velvet Chokers & our affiliates BE RESPONSIBLE FOR
ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS,
INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS
IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE
WHETHER OR NOT CAUSED BY EVENTS BEYOND Velvet Chokers &
our affiliates'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED
TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION,
OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR
SERVICES. IN NO EVENT SHALL Velvet Chokers & our affiliates's
TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION
EXCEED FIVE DOLLARS (US $5.00). SOME JURISDICTIONS DO NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU. ALTHOUGH Velvet Chokers
& our affiliates.COM MAKES EFFORTS TO INSURE THAT ALL
MATERIAL ON THIS SITE IS CORRECT, ACCURACY CANNOT, AND IS
NOT, GUARANTEED BY VelvetChokers.com & our affiliates.
Miscellaneous
Both you and Velvet
Chokers & our affiliates acknowledge and agree that no
partnership is formed and neither of you nor Velvet Chokers
& our affiliates have the power or the authority to obligate
or bind the other.
This Agreement will
be governed by and construed in accordance with the internal
laws of the Commonwealth of Massachusetts without regard to
conflicts of laws principles. By using this site, you hereby
agree that any and all disputes regarding these Terms will
be subject to the federal, state and local courts for Boston,
Massachusetts. These Terms operate to the fullest extent permissible
by law. If any provision of these Terms is unlawful, void
or unenforceable, that provision is deemed severable from
these Terms and does not affect the validity and enforceability
of any remaining provisions.
Software that may be
available in connection with this Site (the "Software")
is further subject to United States export controls. No Software
may be downloaded from this Site or otherwise exported or
re-exported in violation of U.S. export laws. Downloading
or using the Software is at your sole risk.
These Terms constitute
a binding agreement between you and Velvet Chokers & our
affiliates, and is accepted by you upon your use of the Site
or your account. These Terms constitutes the entire agreement
between you and Velvet Chokers & our affiliates regarding
the use of the Site and your account. By clicking "I
agree" you represent that you are capable of entering
into a binding agreement, and that you agree to be bound by
these Terms.
Velvet Chokers & our affiliates shall have the right at
any time to (a) change the terms of these Terms, (b) change
the Site, including eliminating or discontinuing any content
or feature of the Site, restricting the hours of availability,
or limiting the amount of use permitted, or (c) change any
fees or charges for use of the Site, including instituting
new or increased fees or charges for the use of the Site or
any other Site-related services or any feature thereof. Such
changes, modifications, additions, or deletions shall be effective
immediately upon notice thereof, which may be given by means
including, but not limited to, posting on the Site, or by
electronic mail, or by conventional mail. Your use of the
Site after such notice shall be deemed to constitute your
acceptance of such changes, modifications, additions, or deletions.
You are expected to review these Terms periodically to ensure
familiarity with the most current version.
The failure of Velvet
Chokers & our affiliates to comply with the Terms and
Conditions because of an act of God, war, fire, riot, terrorism,
earthquake, actions of federal, state or local governmental
authorities or for any other reason beyond the reasonable
control of Velvet Chokers & our affiliates, shall not
be deemed a breach of these Terms. If Velvet Chokers &
our affiliates fails to act with respect to your breach or
anyone else's breach on any occasion, Velvet Chokers &
our affiliates is not waiving its right to act with respect
to future or similar breaches.
If any provision of
these terms of use shall be unlawful, void or for any reason
unenforceable, then that provision shall be deemed severable
from these terms of use and shall not affect the validity
and enforceability of any remaining provisions.
The headings in these
Terms are for your convenience and reference. These headings
do not limit or affect these Terms.
These Terms, together
with those items made a part of these terms by reference,
make up the entire agreement between us relating to the Site,
and replaces any prior understandings or agreements (whether
oral or written) regarding the Site. If a court finds any
of these terms to be unenforceable or invalid, that term will
be enforced to the fullest extent permitted by applicable
law and the other terms will remain valid and enforceable.
The Site and any promotions contained thereon is void where
prohibited.
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