TERMS AND CONDITIONS OF MEMBERSHIP
You must read and agree to these terms and conditions before you
can become an active member of LOS ANGELESCUPID.COM. Please read
them carefully.
For good and valuable consideration, the sufficiency of which is
acknowledged by you and the Company (Europa Productions,
Inc.), you hereby agree to become a subscriber to LOS ANGELESCUPID.COM,
and agree to be bound by all the terms and conditions set forth in
this agreement (the "Agreement"). The parties to this
Agreement are you, the Subscriber, and LOS ANGELESCUPID.COM.
Subject to the terms and conditions set forth in this Agreement,
the Company agrees to provide to you all the privileges of
subscription to LOS ANGELESCUPID.COM available to a
Subscriber in good standing. This Agreement is subject to change
by Company at any time, and changes are effective upon notice to
the Subscriber by e-mail, posting at or via hyperlink to LOS ANGELESCUPID.COM,
or by mail.
I acknowledge and agree that all materials contained at LOS ANGELESCUPID.COM
are proprietary and constitute valuable intellectual property. I
acknowledge and agree that as such, I may only access, view,
download, receive and otherwise use the materials available at LOS ANGELESCUPID.COM
only as authorized by the Company. I agree that I shall at no time
access, view, download, receive or otherwise use, or cause or
enable others to access, view, download, receive or otherwise use
materials, directly or indirectly in places which the Company does
not authorize such access, viewing, downloading, receipt or other
use. I hereby acknowledge and agree that no materials from any
parts of LOS ANGELESCUPID.COM are authorized, and no
materials are intended, by the Company to be accessed, viewed,
downloaded or used by, or transmitted, broadcast or otherwise
disseminated to any person or entity located in any and all areas
prohibited by law. I agree that any and all unauthorized access,
viewing, downloading, receipt, duplication or other use of
materials from LOS ANGELESCUPID.COM, in which I am directly
or indirectly involved, including, but not limited to accessing,
viewing, downloading, receiving or other use of materials in
PROHIBITED AREAS in any manner shall constitute intentional
infringement(s) of LOS ANGELESCUPID.COM's and potentially
other's intellectual property rights and other rights in such
materials and shall further constitute a violation of LOS ANGELESCUPID.COM's
trademark and other rights, including, but not limited to, rights
of privacy.
I agree to be personally liable and fully indemnify LOS ANGELESCUPID.COM
for any and all damages directly, indirectly and/or
consequentially resulting from my attempted or actual unauthorized
downloading or other duplication of materials from LOS ANGELESCUPID.COM
alone, or with or under the authority of, any other person(s),
including, without limitation, any governmental agency(ies),
wherein such damages include, without limitation, all direct and
consequential damages directly or indirectly resulting from
unauthorized downloading of materials from LOS ANGELESCUPID.COM
including, but not limited to, damages resulting from loss of
revenue, loss of property, fines, attorney's fees and costs,
including, without limitation, damages resulting from prosecution
and/or governmentally imposed seizure(s), forfeiture(s), and/or
injunction(s).
Some or all of the following fees and charges may be incurred by
the Subscriber:
a. Subscription Fees. The Subscriber is responsible for paying
periodic subscription fees according to the then-current billing
terms. Subscription fees are non-refundable; and you must be 18
years of age or older to receive a membership to LOS ANGELESCUPID.COM.
For your convenience and satisfaction, all memberships will
automatically renew upon expiration unless your subscription is
cancelled at least 24 hours prior to expiration. The cost of
renewal will not exceed monthly membership costs at time of
members' initial subscription. Cost of renewal will not be
affected by any increase in LOS ANGELESCUPID.COM subscription
rates. All membership cancellations can take place by
visiting our MEMBER SERVICES area.
b. Other fees and/or charges for goods and services ordered at,
through and/or from LOS ANGELESCUPID.COM and its licensees.
Subscriptions may not be assigned or transferred to any other
person or entity. Subscriber must promptly inform Company of the
following: changes in the expiration date of any credit card used
in connection with LOS ANGELESCUPID.COM; changes in home or
billing address; and apparent breaches of security, such as loss,
theft, or unauthorized disclosure or use of an ID or password.
Until Company is notified, by conventional mail, web
site form, or by telephone to LOS ANGELESCUPID.COM's
Customer Service Department at 1-800-893-8871 or 1-310-827-9939,
anytime day or night of a breach in security, the Subscriber will
remain liable for any unauthorized use of LOS ANGELESCUPID.COM.
Upon request, Subscribers will be given access to billing records
that support charges for use of the LOS ANGELESCUPID.COM.
Payment for the services provided to you at and/or through LOS ANGELESCUPID.COM
may be made by automatic credit card or check debit and you hereby
authorize Company and its agents to transact such payments on your
behalf. You agree not to report as lost or stolen any credit card
which you have used in conjunction with payment to LOS ANGELESCUPID.COM,
or as unauthorized any charge by LOS ANGELESCUPID.COM, for
any goods or services, including subscription, for which you do
not have good reason to believe is, in fact, lost, stolen or
unauthorized. You hereby agree that any such fraudulent reporting
of a lost or stolen credit card used to obtain goods or services
from LOS ANGELESCUPID.COM or any fraudulent reporting of an
unauthorized charge to LOS ANGELESCUPID.COM on your credit
card which has been made by you or anyone under your authority, at
a time when a charge or other obligation for payment for goods
and/or services to LOS ANGELESCUPID.COM remains outstanding
at the time of such fraudulent reporting, you shall be liable to LOS ANGELESCUPID.COM
for liquidated damages of ,000.00. The liability for liquidated
damages specified in this Paragraph shall not limit any other
liability you may have for breach(es) of any other terms,
conditions, promises and warranties set forth in this Agreement.
Subscription to LOS ANGELESCUPID.COM may be terminated at
any time, and without cause, by either Company or Subscriber upon
notification of the other by electronic or conventional mail, or
by telephone. You agree to be personally liable for all charges
incurred by you during or through the use of LOS ANGELESCUPID.COM.
Your liability for such charges shall continue after termination
of your membership for any reason.
Subscribers are responsible for providing all personal computer
and communications equipment necessary to gain access to LOS ANGELESCUPID.COM.
Access to and use of LOS ANGELESCUPID.COM is through the use
of a password. Each Subscriber must keep his password strictly
confidential. For security reasons, LOS ANGELESCUPID.COM will
not release passwords. Unauthorized access to LOS ANGELESCUPID.COM
is a breach of this Agreement and a violation of law.
Subject to the terms and conditions set forth herein, LOS ANGELESCUPID.COM
hereby grants you a limited, non-exclusive and non-transferrable
license to use graphic files, audio files, video files, text,
hyperlinks, interlinks, search engines, and other software
associated with authorized Subscriber use of LOS ANGELESCUPID.COM
which Company provides ("Materials") during the period
in which you are a current Subscriber in good standing. You may
use the Materials only in accordance with the terms and conditions
of your membership, only on one computer at a time and, if
downloadable copies of the Materials are made available by LOS ANGELESCUPID.COM,
you may make only a single copy of such Materials for your
personal use and enjoyment. You may not remove any propriety
notices from Materials at any time. You may make no use of
Materials not expressly authorized herein or by prior express
written authorization from Company. Prohibited uses, include,
without limitation: (1) permitting other individuals to directly
or indirectly use the Materials; (2) modifying, translating,
reverse engineering, decompiling, disassembling the Materials
(except to the extent applicable laws specifically prohibit such
restriction); (3) making copies or creating derivative works based
on the Materials except as provided herein; (4) renting, leasing,
or transferring any rights in the Materials; (5) removing any
proprietary notices or labels on the Materials; and (6) making any
other use of the Materials. This license does not grant you any
rights to any software enhancements or updates of any kind.
Except for public domain material or material otherwise licensed
to Company for electronic dissemination, all Materials displayed
at or otherwise available through LOS ANGELESCUPID.COM are
proprietary, and, except for initial downloading, may not be
copied, redistributed, or downloaded, in whole or in part, without
the prior written authorization of Company. All editions of LOS ANGELESCUPID.COM,
and all Materials and other matter used directly or indirectly in,
at, by, through and/or with LOS ANGELESCUPID.COM are
protected by the copyright laws of the United States,
international copyright treaties and other laws and regulations.
All rights are reserved. All intellectual property and other
rights in and to the Materials and other matter at LOS ANGELESCUPID.COM
shall at all times remain in Company, its parent(s),
subsidiary(ies), licensee(s) and assign(s). All intellectual
property and other rights in and to any intellectual property
content accessed through the Materials is the property of the
applicable content owner, which may be the Company, its parent(s),
subsidiary or subsidiaries, licensee(s) and assign(s), or others,
and may be protected by applicable copyright and/or other laws.
The limited and non-exclusive license granted to you herein grants
to you no rights to use such content except as set forth herein.
This license will immediately terminate automatically if you fail
to comply with the limitations described herein, breach any other
provision of this Agreement, cease, for any reason, to be a
Subscriber in good standing, or are notified of its termination by
the Company or its authorized agent(s). You agree that upon such
termination, you will immediately destroy all copies of the
Materials in your possession.
You agree that Materials and all other services provided to you
by Company are provided on an "AS IS" basis, without
warranties of any kind, including without limitation the
warranties of merchantability, fitness for a particular purpose
and non-infringement. The entire risk as to the quality and
performance of the Materials and all services provided by Company
is borne by you. Should the Materials or any other service
provided by Company prove defective and/or cause any damage to
your computer or inconvenience to you, you, and not Company,
assume the entire cost and all damages which may result from any
and all such defects. This disclaimer of warranty constitutes an
essential part of the Agreement. Some states do not allow
exclusions of an implied warranty, so this disclaimer may not
apply to you and you may have other legal rights that vary from
state to state or by jurisdiction. Under no circumstances and
under no cause of action or legal theory, shall Company, its
suppliers, licensees, resellers, or other subscribers, or their
suppliers, licensees, resellers or subscribers be liable to you or
any other person for any indirect, special, incidental, or
consequential damages of any character including, without
limitation, damages for loss goodwill, work stoppage, computer
failure or malfunction, or any and all other commercial damages
resulting from any use of Materials or other use of LOS ANGELESCUPID.COM.
Company does not screen or endorse advertisements or
communications submitted to LOS ANGELESCUPID.COM by
third-party licensees, advertisers, or subscribers for electronic
dissemination through LOS ANGELESCUPID.COM. Subscribers are
therefore advised to use their own judgment to evaluate all
advertisements and other communications available at or through
the use of LOS ANGELESCUPID.COM prior to purchasing goods
and/or services described at LOS ANGELESCUPID.COM or
otherwise responding to any communication at LOS ANGELESCUPID.COM.
Any liability of Company, including without limitation any
failure of performance, error, omission, interruption, deletion,
defect, delay in operation or transmission, communications line
failure, theft or destruction or unauthorized access to,
alteration of, or use of records, whether for breach of contract,
tortious behavior, negligence, or under any other cause or action,
shall be strictly limited to the amount of membership fee paid by
or on behalf of the subscriber to Company for the preceding month.
Some states do not allow the limitation or exclusion of liability
for incidental or consequential damages, so the above limitation
or exclusion may not apply to you.
Company is not liable for damages resulting from disseminating,
failing to disseminate, or incorrectly or inaccurately
disseminating any Materials, data, advertisement or other
communication at or through LOS ANGELESCUPID.COM.
No warranty is made by Company regarding any information,
services, Materials or products provided through or in connection
with the LOS ANGELESCUPID.COM, and Company hereby expressly
disclaims any and all warranties, including without limitation: 1)
any warranties as to the availability, accuracy, or content of
Materials, information, products, or services; 2) any warranties
of merchantability or fitness for a particular purpose. Some
states do not allow the exclusion of implied warranties, so the
above exclusion may not apply to you.
"LOS ANGELESCUPID.COM" is a service mark of
EUROPA PRODUCTIONS, INCORPORATED. All rights are reserved.
All materials included at LOS ANGELESCUPID.COM are for the
private use by Subscribers only. No other uses are intended by the
Company and any other use is strictly prohibited.
If the Company should at any time provide any service which
enables Subscribers to communicate with or otherwise share
information with other Subscribers or persons providing any kind
or service to Subscribers, you agree not to submit, publish,
display, disseminate, or otherwise communicate any defamatory,
inaccurate, abusive, threatening, offensive, or illegal material
while connected to or otherwise directly or indirectly using LOS ANGELESCUPID.COM
or other services provided to you by Company. Transmission of such
material or any material that violates any federal, state, or
local law in the United States or anywhere else in the world, is
strictly prohibited and shall constitute a material breach of this
Agreement entitling Company to immediately terminate all rights to
access to LOS ANGELESCUPID.COM. You are solely responsible
for all information which you submit, publish, display,
disseminate or otherwise communicate through LOS ANGELESCUPID.COM
even if a claim should arise after termination of service. If the
Company provides any such service described herein, you agree that
all messages and other communications by you shall be deemed to be
readily accessible to all other Subscribers who are authorized to
access LOS ANGELESCUPID.COM and agree that all such messages
and other communications shall not be deemed to be private or
secure. Regardless of whether the Company provides any type of
service described herein, you agree that you have hereby been
informed and noticed that any and all messages and other
communications which you submit to Company directly or through LOS ANGELESCUPID.COM
can be read by the operators and/or other agents of Company,
whether or not they are the intended recipient(s).
Notices from LOS ANGELESCUPID.COM to Subscribers may be
given by means of e-mail, by general posting on LOS ANGELESCUPID.COM,
or by conventional mail. Communications from you to the Company
may be made by e-mail, conventional mail or telephone. All
questions, complaints, or notices to LOS ANGELESCUPID.COM may
be sent in the following manner:
a. by means of the web
site form; or
b. by telephone to LOS ANGELESCUPID.COM's Customer
Service Department anytime day or night to 1-800-893-8871 or
1-310-827-9939.
This Agreement contains the entire agreement between the
Subscriber and Company regarding Subscribers' use of LOS ANGELESCUPID.COM,
Materials and all materials directly and indirectly related
thereto. This Agreement supersedes all prior written and oral
understandings, writings, and representations and may only be
amended upon notice by Company. This Agreement shall be governed
by and construed under the laws of the State of California and the
United States as applied to agreements between California state
residents entered into and to be performed within the State of
California, except as governed by Federal law. The application of
the United Nations Convention of Contracts for the International
Sale of Goods is expressly excluded. If any provision of this
Agreement is held to be unenforceable for any reason, such
provision shall be reformed only to the extent necessary to make
it enforceable. Unless otherwise explicitly stated, the provisions
of this Agreement shall survive its termination.
YOU HEREBY AFFIRM THAT YOU HAVE READ THIS ENTIRE AGREEMENT AND
AGREE TO ALL ITS TERMS AND CONDITIONS BY CLICKING WHERE INDICATED
BELOW AND BY AUTHORIZING THE USE OF YOUR CREDIT CARD FOR PAYMENT
OF CHARGES AND FEES FOR YOUR OBTAINING A SUBSCRIPTION TO LOS ANGELESCUPID.COM.
SELECT "I AGREE" TO INDICATE THAT YOU HAVE READ
THE MEMBERSHIP AGREEMENT IN ITS ENTIRETY, UNDERSTAND ITS TERMS,
CONSENT TO ALL THE TERMS AND CONDITIONS SET FORTH IN THE
MEMBERSHIP AGREEMENT, REPRESENT AND WARRANT THAT YOU ARE CURRENTLY
OVER THE AGE OF 18 YEARS.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET
FORTH IN THIS AGREEMENT, ARE NOT OVER 18 YEARS OF AGE, OR ARE IN
AN UNAUTHORIZED DOWNLOADING LOCATION, SELECT THE "I DO NOT
AGREE".
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