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USER AGREEMENT
The following Terms and Conditions govern
your use and access to the web site: www.DISCOTECA-HELP.com®
and its' connected domains* (“Site”).
IMPORTANT! These Terms and Conditions
also govern your membership to the Site if you become
a member. By accessing, using, printing, installing,
or downloading any material from the Site, or becoming
a member to the Site, you agree to be bound by these
Terms and Conditions. These Terms and Conditions are
subject to change by the Site at any time in its discretion.
Your use of this Site after such changes are implemented
constitutes your acknowledgment and acceptance of the
changes. If you do not agree to be bound by these Terms
and Conditions, you may not enter the Site, you must
exit the Site immediately and you may not use or access
the Site or print or download any materials from them.
You may use and access the Site only in accordance with
these Terms and Conditions. Please consult these Terms
and Conditions regularly and read them carefully before
using the Site. You affirm that you have read this Agreement
and understand, agree and consent to its Terms and Conditions.
You are solely responsible for obtaining
access to the Site and that access may involve third
party fees (such as Internet service provider or airtime
charges). You are responsible for those fees, including
those fees associated with the display or delivery of
advertisements. In addition, you must provide and are
responsible for all equipment necessary to access the
Site.
1. Adult
Entertainment.
The Site may offer online entertainment
services that could be deemed “adult” or
“erotic” in nature and which may contain
graphic depictions and descriptions of explicit sexual
activity. You acknowledge that you are aware of the
nature of the content provided by this Site, that you
are not offended by such content and that you access
the Site freely, voluntarily and willingly.
2. Age of Majority
and Membership.
A. Age of Majority.
You represent and warrant you are at least
18 or 21 years of age, depending on the age of majority
in your jurisdiction, and that you have the legal capacity
to enter into this Agreement. If you are not at least
18 or 21 years of age, depending on the age of majority
in your jurisdiction, you must exit the Site immediately
and may not use or access the Site or print or download
any materials from it.
B. Membership.
Any Membership account may not be transferred
or sold to a third party. The Site disclaims any and
all liability arising from fraudulent use. If a user
fraudulently obtains access, the Site shall terminate
membership immediately and take all necessary and appropriate
actions under applicable federal, state, and international
laws. Additionally, the Site does not assume any responsibility
or liability for any misrepresentations regarding a
user’s age.
3. No Child Pornography.
You understand that all models appearing
on the Site are, and were at the time of all recorded
images, at least 18 years of age, and that the Site
contains no child pornography. We take a strong and
definite stand against child pornography and only publish
images of consenting adults for consenting adults. If
you see any images, real or simulated, depicting minors
engaged in sexual activity within the Site, please report
the images to webmaster @ DISCOTECA-HELP.com. Include
with your report any appropriate evidence, including
the date and time. All reports will immediately be investigated
and the appropriate action will be taken. We enthusiastically
cooperate with any law-enforcement agency investigating
child pornography. If you suspect other outside websites
are participating in unlawful activities involving minors,
please report them to www.asacp.org. Users should implement
parental control protections, such as computer hardware,
software, or filtering services, which may help users
limit minors’ access to harmful material.
4. Protected Speech.
You further acknowledge that the Site
contains only images protected by the First Amendment
to the United States Constitution. If you are seeking
obscenity, child pornography, or information regarding
illegal activities, please leave this Site immediately.
5. Information Control.
A. Information Control.
The Site functions as an Internet Access
Provider, and does not control or regulate materials
or communications made available on the Site, which
may be offensive, harmful, inaccurate, or deceptive
to other users, companies or individuals. The Site advises
users to be cautious, practice safe communications,
and be aware that other users may be acting under false
pretenses.
B. Liability.
The Site disclaims any and all liability
arising from damages incurred while on the Site including
but not limited to fraudulent user statements, identity
theft, monetary loss, or technical difficulties relating
to the Site. In consideration of user’s access
to the Site, user hereby agrees to hold the Site harmless
for all damages and liabilities arising from a user
accessing the Site.
6. Access and Interference
to Site.
A. Access.
To access the Site or some of the resources
they have to offer, you may be asked to provide certain
registration details or other information. It is a condition
of your use of this Site that all information you provide
will be correct, current, and complete. If the Site
believes the information you provide is not correct,
current, or complete, the Site has the right to refuse
you access to the Site or any of its resources, and
to terminate or suspend your access at any time. Subject
to these Terms and Conditions and in consideration of
your becoming a member to the Site, DISCOTECA-HELP.com
hereby grants you a limited, nonexclusive, nontransferable
personal license to access the Site and the Materials
contained therein. Provided that you are a member in
good standing to the Site, you may cache the Materials
onto a single computer for your personal, non-commercial
internal use only. All Materials on the Site shall be
for private use only, and all other uses are strictly
prohibited. You agree to prevent any unauthorized copying
of any of the Site, or any of the Materials contained
therein. Any unauthorized use of the Site or any of
the Materials contained therein terminates this limited
license effective immediately. This is a license to
use and access the Site for its intended purpose and
is not a transfer of title. Violators of this limited
license may be prosecuted to the fullest extent under
law.
B. Interference.
User hereby agrees not to use any automatic
device or manual process to monitor or reproduce the
Site, and will not use any device or software to interfere
or attempt to disrupt the Site or any communications
on it.
7. Restrictions on
Use of Site.
You may use the Site for purposes expressly
permitted by the Site. You may not use the Site for
any other purpose, including any commercial purpose,
without the Site’s express prior written consent.
Without the express prior written authorization of the
Site, you may not: (a) duplicate a Site or any of the
Materials contained therein (except as expressly provided
above in Section VII); (b) create derivative works based
on a Site or any of the Materials contained therein;
(c) use the Site or any of the Materials contained therein
for any commercial purpose, or for any public display,
public performance, sale or rental; (d) distribute the
Site or any of the Materials contained therein; (e)
remove any copyright or other proprietary notices from
the Site or any of the Materials contained therein;
(f) frame or utilize any framing techniques in connection
with the Site or any of the Materials contained therein;
(g) use any meta-tags or any other “hidden text”
using the Site’s name or marks; (h) “deep-link”
to any page of the Site (including the homepage); (i)
circumvent any encryption or other security tools used
anywhere on the Site (including the theft of user names
and passwords or using another person’s user name
and password in order to gain access to a restricted
area of the Site); (j) use any data mining, robots or
similar data gathering and extraction tools on the Site;
(k) decompile, reverse engineer, modify or disassemble
any of the software aspect of the Materials except and
only to the extent permitted by applicable law; (l)
sell, rent, lease, license, sublicense, transfer, distribute,
re-transmit, time-share, use as a service bureau or
otherwise assign to any third party the Materials or
any of your rights to access and use the Materials as
granted in Section VII above; or (m) bookmark any page
of the Site beyond the membership log-in screen. You
agree to cooperate with the Site in causing any unauthorized
use to cease immediately. At any time, if the Site provides
a service enabling users to share information or communicate
with other users, you hereby agree not to publish, disseminate
or submit any defamatory, offensive or illegal material
while using the Site or other services included on the
Site. You are solely responsible for submitting any
material that violates any United States or International
laws even if a claim arises after your service is terminated,
and, by doing so, your actions shall constitute a material
breach of this Agreement and the Site shall terminate
all your rights under this Agreement. If users are allowed
to share information and communicate with other users,
you agree that all materials you submit will be accessible
to other users and will not be secure or private. You
hereby agree that you have been noticed that all communications
submitted to the Site can be accessed by agents, operators,
and other users, regardless if they are the intended
recipients of the messages.
8. Membership.
A. Registration.
You are responsible for providing all
equipment and the computer necessary to access the Site.
You may access the non-public portion of the Site only
by being a member in good standing to that Site. You
may become a member of a Site by completing an online
registration form. Upon submission of the online registration
form, the Site or its authorized agent will process
the application. In connection with completing the online
registration form, you agree to: (a) provide true, accurate,
current and complete information about yourself as prompted
by the registration form (such information being the
“Registration Data”) and (b) maintain and
promptly update the Registration Data to keep it true,
accurate, current and complete at all times while you
are a member. You must promptly inform the Site of all
changes, including, but not limited to, changes in your
address. If you provide any information that is untrue,
inaccurate, not current or incomplete, or the Site or
any of its authorized agents have reasonable grounds
to suspect that such information is untrue, inaccurate,
not current or incomplete, the Site has the right to
suspend or terminate your account and refuse any and
all current or future use of the Site.
B. Member Account,
Password and Security.
As part of the registration process, you
will select a unique user name and password which you
must provide in order to gain access to the non-public
portion of the Site. You represent and warrant that
you will not disclose to any other person your unique
user name and password and that you will not provide
access to the Site to anyone who is below the age of
majority in your state. You are solely responsible for
maintaining the confidentiality of your user name and
password and are fully responsible for all activities
that occur under your user name and password. The Site
will not release your password for security reasons.
You agree to (a) immediately notify the Site of any
unauthorized use of your user name and password or any
other breach of security, and (b) ensure that you exit
from your account at the end of each session. You are
liable and responsible for any unauthorized use of the
Site until you notify the Site by email regarding that
unauthorized use. Unauthorized access to the Site is
illegal and a breach of this Agreement.
9. Termination.
You may cancel your membership at any
time by providing our customer service department with
a notice of your intent to cancel the membership along
with your user name and password. Upon our processing
of your request to cancel your membership, you will
no longer have access to the non-public areas of the
Site to which you were a member.
The Site may terminate your access at
any time, with or without advance notice, if: (a) Site
believes that you have breached any material term of
these Terms and Conditions or (b) Site decides to cease
operations or to otherwise discontinue the Site. Further,
you agree that neither Site nor any third party acting
on Site’s behalf shall be liable to you for any
termination of your membership or access to the Site.
You agree that if your account is terminated by Site,
you will not attempt to re-register as a member without
prior written consent from Site.
10. Links, Linking
and Account Information.
Some websites which are linked to the
Site are owned and operated by third parties. Because
the Site has no control over such sites and resources,
you acknowledge and agree that the Site is not responsible
for the availability of such external sites or resources,
and does not endorse and is not responsible or liable
for any content, advertising, services, products, or
other materials on or available from such sites or resources.
You further acknowledge and agree that the Site shall
not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such
third-party content available on or through any such
site or resource. If you decide to access any such third
party sites, you do so entirely at your own risk and
subject to any terms and conditions and privacy policies
posted therein. Third party links to websites or advertisements
are not endorsed by the Site, but are for the user's
convenience and should be accessed at user’s own
risk. You agree to hold the Site harmless from any and
all damages and liability that may result from links
appearing on the Site. You further agree not to post
links to any site containing any content relating to
obscenity, child pornography, password trading, hacking,
rape, bestiality, copyright infringement, or hate speech.
Violation of this acceptable posting policy are grounds
for immediate termination.
11. Disclaimer of
Warranty.
YOU EXPRESSLY AGREE THAT USE OF THE SITE
OR ANY OF THE MATERIALS CONTAINED THEREIN IS AT YOUR
OWN AND SOLE RISK. THE SITE AND ALL MATERIALS CONTAINED
THEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
SITE MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE
SITE OR ANY MATERIALS CONTAINED THEREIN WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE; NOR DOES THE SITE MAKE
ANY REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY,
SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE
SITE OR ANY OF THE MATERIALS CONTAINED THEREIN. YOU
ALSO UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SITE OR ANY OF THE MATERIALS CONTAINED THEREIN IS
DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF SUCH MATERIAL AND/OR DATA. SITE MAKES NO WARRANTY
REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED
THROUGH THE SITE OR ANY TRANSACTION ENTERED INTO THROUGH
THE SITE AND IS NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL
OR PRIVATE INFORMATION BY SELLERS OR THIRD PARTIES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT
APPLY TO YOU.
12. Liability Limit.
IN NO EVENT SHALL THE SITE (OR ITS LICENSORS,
AGENTS, SUPPLIERS, RESELLERS, SERVICE PROVIDERS, OR
ANY OTHER SUBSCRIBERS OR SUPPLIERS) BE LIABLE TO YOU,
OR ANY OTHER THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES,
INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS,
REVENUE, OR GOODWILL, WHICH MAY ARISE FROM ANY PERSON’S
USE, MISUSE, OR INABILITY TO USE THE SITE OR ANY OF
THE MATERIALS CONTAINED THEREIN, EVEN IF THE SITE HAS
BEEN ADVISED OF THE PROBABILITY OF SUCH DAMAGES. THIS
IS FOR ANY MATTER ARISING OUT OF OR RELATING TO THIS
AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE
BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF THE SITE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE SITE’S MAXIMUM TOTAL AGGREGRATE
LIABILITY HEREUNDER FOR DIRECT DAMAGES EXCEED THE TOTAL
FEES ACTUALLY PAID BY YOU FOR USE OF THE SITE FOR A
PERIOD OF NO MORE THAN ONE (1) MONTH FROM THE ACCRUAL
OF THE APPLICABLE CAUSE OR CAUSES OF ACTION OR $10.00,
WHICHEVER IS GREATER. BECAUSE SOME JURISDICTIONS PROHIBIT
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU.
13. Indemnity.
You agree to defend, indemnify, and hold
harmless the Site, its officers, directors, shareholders,
employees, independent contractors and agents, from
and against any and all claims, actions, liabilities,
costs, or demands, including without limitation legal
and accounting fees, for all damages directly, indirectly,
and/or consequentially resulting or allegedly resulting
from your, or you under another person’s authority
including without limitation to governmental agencies,
use, misuse, or inability to use the Site or any of
the Materials contained therein, or your breach of any
of these Terms and Conditions. The Site shall promptly
notify you by electronic mail of any such claim or suit,
and cooperate fully (at your expense) in the defense
of such claim or suit. The Site may participate in the
defense of such claim or defense at its own expense,
and choose its own legal counsel, but is not obligated
to do so.
14. Legal Compliance.
User shall conform to all applicable laws,
statutes, and regulations regarding user’s use
of the Site. IF THE SITE DETERMINES THAT YOU INTEND
TO USE THIS SITE FOR ANY ILLEGAL PURPOSES, WE EXPRESSLY
RESERVE THE RIGHT TO TERMINATE YOUR MEMBERSHIP IMMEDIATELY.
WE DO NOT ENDORSE NOR CONDONE ANY ILLEGAL ACTIVITIES,
INCLUDING PROSTITUTION, ASSIGNATION, SOLICITATION OR
LEWDNESS. Users are encouraged to check with local law
enforcement authorities to determine if any proposed
activities violate legal restrictions.
15. No Agency Relationship.
Nothing in this Agreement shall be deemed
to constitute, create, imply, give effect to, or otherwise
recognize a partnership, joint venture or formal business
entity of any kind; and the rights and obligations of
the parties shall be limited to those expressly set
forth herein.
16. Notices.
A. Notice.
Any notice required to be given under
this Agreement may be provided by email or personal
delivery by commercial carrier such as FedX or Airborne.
B. Change of Address.
Either party may change the address to
which notice is to be sent by written notice to the
other under any provision of this paragraph.
17. Trademark Information.
The website discoteca-help.com and help-member.com
is a registered service mark of respective owners. The
Site’s logo, design, domains, service marks, and
trademarks may not be used publicly except with the
Site’s written permission. We aggressively defend
our intellectual property rights. Other manufacturers’
product and service names referenced herein may be trademarks
and service marks of their respective companies and
are the exclusive property of such respective owners.
The Site’s marks may not be used publicly except
with express written permission from the Site, and may
not be used in any manner that is likely to cause confusion
among consumers, or in any manner that disparages or
discredits the Site.
18. Copyright Information.
The material and content accessible from
the Site, and any other World Wide Web site owned, operated,
licensed, or controlled by Site (collectively, “Materials”)
is the proprietary information and valuable intellectual
property of First Global Communications, Inc., or the
party that provided the Materials to the Site, and the
Site or the party that provided the Materials to the
Site retains all right, title, and interest in the Materials.
Accordingly, the Materials may not be copied, distributed,
republished, uploaded, posted, or transmitted in any
way without the prior written consent of the Site, except
that you may print out a copy of the Materials solely
for your personal use. In doing so, you may not remove
or alter, or cause to be removed or altered, any copyright,
trademark, trade name, service mark, or any other proprietary
notice or legend appearing on any of the Materials.
Modification or use of the Content except as expressly
provided in these Terms and Conditions violates the
Site’s intellectual property rights. Neither title
nor intellectual property rights are transferred to
you by access to the Site. All content included on the
Site, such as text, graphics, photographs, video and
audio clips, music, soundtracks, button icons, streaming
data, animation, images, downloadable materials, data
compilations and software is the property of the Site
or its content suppliers and is protected by United
States and international copyright laws. The compilation
of all content on each Site is the exclusive property
of the Site or its content suppliers and protected by
United States and international copyright laws, as well
as other laws and regulations.
19. Notice of Claimed
Infringement.
The Site respects the intellectual property
of others, and we ask our users to do the same. If you
believe that your work has been copied in a way that
constitutes copyright infringement, or your intellectual
property rights have been otherwise violated, please
provide the Site’s Copyright Agent the following
information:
(a) an electronic or physical signature
of the person authorized to act on behalf of the owner
of the copyright or other intellectual property interest;
(b) description of the copyrighted work
or other intellectual property that you claim has been
infringed;
(c) a description of where the material
that you claim is infringing is located on a Site;
(d) your address, telephone number, and
email address;
(e) a statement by you that you have a
good faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law; and
(f) a statement by you, made under penalty
of perjury, that the above information in your Notice
is accurate and that you are the copyright or intellectual
property owner or authorized to act on the copyright
or intellectual property owner’s behalf.
You may send your Notice of Claimed Infringement
to:
archive@Discoteca-Help.com
Please do not sent other inquires or information
to our Designated Agent.
20. Notice and Takedown
Procedures.
The Site reserves the right at any time
to implement a “notice and takedown” procedure
upon receipt of any notification of claimed infringement.
The Site reserves the right at any time to disable access
to, or remove any material or activity accessible on
or from the Site or any Materials claimed to be infringing
or based on facts or circumstances from which infringing
activity is apparent. The Site will terminate access
to the Site of those who engage in repeated acts of
infringement.
21. Export Control.
You understand and acknowledge that the
software elements of the Materials on the Site may be
subject to regulation by agencies of the U.S. Government,
including the U.S. Department of Commerce, which prohibits
export or diversion of software to certain countries
and third parties. Diversion of such Materials contrary
to U.S. law is prohibited. You will not assist or participate
in any such diversion or other violation of applicable
U.S. laws and regulations. You warrant that you will
not license or otherwise permit anyone not approved
to receive controlled commodities under applicable U.S.
laws and regulations and that you will abide by such
laws and regulations. You agree that none of the Materials
is being or will be acquired for, shipped, transferred,
or re-exported, directly or indirectly, to proscribed
or embargoed countries or their nationals or be used
for proscribed activities.
22. Force Majeure.
The Site shall not be responsible for
any failure to perform due to unforeseen circumstances
or to causes beyond our reasonable control, including
but not limited to acts of God; war, riot, embargoes,
acts of civil or military authority, or terrorism; fire,
flood, earthquakes, hurricanes, tropical storms or other
natural disasters; fiber cuts; strikes, or shortages
in transportation, facilities, fuel, energy, labor or
materials; failure of the telecommunications or information
services infrastructure; hacking, SPAM, or any failure
of a computer, server or software, including Y2K errors
or omissions, for so long as such event continues to
delay the Site’s performance.
23. General Provisions.
A. Governing Law.
These Terms and Conditions and all matters
arising out of or otherwise relating to these Terms
and Conditions shall be governed by the laws of the
State of Florida, excluding its conflict of law provisions.
The parties agree that the United Nations Convention
on Contracts for the International Sale of Goods is
specifically excluded from application to these Terms
and Conditions. The parties hereby submit to the personal
jurisdiction of the state and federal courts of the
State of Florida. Exclusive venue for any litigation
or arbitration permitted under this Agreement shall
be with the state and federal courts located in Seminole
County, Florida.
B. Rights to Injunctive
Relief.
Both parties acknowledge that remedies
at law may be inadequate to provide an aggrieved party
with full compensation in the event of the other party’s
breach, and that an aggrieved party shall therefore
be entitled to seek injunctive relief in the event of
any such breach, in addition to seeking all other remedies
available at law or in equity.
C. Binding Arbitration.
If there is a dispute between the parties
arising out of or otherwise relating to these Terms
and Conditions, the parties shall meet and negotiate
in good faith to attempt to resolve the dispute. Arbitral
Claims shall include, but are not limited to, contract
and tort claims of all kinds, and all claims based on
any federal, state or local law, statute, or regulation,
excepting only claims under applicable worker’s
compensation law and unemployment insurance claims.
If the parties are unable to resolve the dispute through
direct negotiations, then, except as otherwise provided
herein, either party may submit the issue to binding
arbitration in accordance with the then-existing Commercial
Arbitration Rules of the American Arbitration Association.
The arbitration shall be conducted in Seminole County,
Florida, and conducted by a single arbitrator, knowledgeable
in Internet and e-Commerce. The party bringing the action
shall be responsible for paying all costs for arbitration,
including the arbitrator’s fees. Each party shall
bear its own attorneys’ fees (except if the matter
is for the collection of a debt owed in which case the
prevailing party shall be awarded its attorneys fees,
all arbitration costs and the arbitrator fees (if applicable),
in addition to all other applicable remedies). The arbitrator
shall have no authority to award any punitive or exemplary
damages; certify a class action; add any parties; vary
or ignore the provisions of these Terms and Conditions;
and shall be bound by governing and applicable law.
The arbitrator shall render a written opinion setting
forth all material facts and the basis of his or her
decision within thirty (30) days of the conclusion of
the arbitration proceeding. This Section shall not apply
to any breach (or any allegation which if true would
constitute a breach) of any matter relating to intellectual
property. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY
HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.
D. Assignment.
The rights and liabilities of the parties
hereto will bind and inure to the benefit of their respective
assignees, successors, executors, and administrators,
as the case may be. Neither these Terms and Conditions
nor any rights granted hereunder may be sold, leased,
assigned or otherwise transferred, in whole or in part
by you.
E. Severability.
If for any reason a court of competent
jurisdiction or an arbitrator finds any provision of
these Terms and Conditions, or any portion thereof,
to be unenforceable, that provision will be enforced
to the maximum extent permissible and the remainder
of these Terms and Conditions will continue in full
force and effect.
F. Attorney’s
Fees.
In the event of any litigation arising
out of this agreement, the prevailing party shall be
entitled to attorney’s fees, including attorney’s
fees incurred on appeal.
G. No Waiver.
No waiver of the Site shall be deemed
a waiver of any subsequent default of the same provision
of these Terms and Conditions. If any term, clause or
provision hereof is held invalid or unenforceable by
a court of competent jurisdiction, such invalidity shall
not affect the validity or operation of any other term,
clause or provision and such invalid term, clause or
provision shall be deemed to be severed from these Terms
and Conditions.
H. Headings.
All headings are solely for the convenience
of reference and shall not affect the meaning, construction
or effect of these Terms and Conditions.
I. Complete Agreement.
These Terms and Conditions constitute
the entire agreement between the parties with respect
to your access and use of the Site and the Materials
contained therein, and your membership with the Site,
and supersedes and replaces all prior or contemporaneous
understandings or agreements, written or oral, regarding
such subject matter (except, to the extent applicable,
any Download Agreement or similar contract governing
the parties’ rights and responsibilities in connection
with any specific Materials downloadable from the Site).
No amendment to or modification of these Terms and Conditions
will be binding unless in writing and signed by a duly
authorized representative of both parties.
J. Modifications.
The Site reserves the right to change
any of the provisions posted herein and you agree to
review these Terms and Conditions each time you visit
the Site. Your continued use of a Site following the
Site’s posting of any changes to these Terms and
Conditions constitutes your acceptance to such changes.
The Site does not and will not assume any obligation
to provide you with notice of any change to these Terms
and Conditions. Unless accepted by the Site in writing,
these Terms and Conditions may not be amended by you.
K. Government Rights.
The software elements of the Materials
have been developed at private expense and are “commercial
computer software” or “restricted computer
software” within the meaning of the FARs, the
DFARs, and any other similar regulations relating to
government acquisition of computer software. Nothing
contained herein will be deemed to: (1) grant any government
agency any license or other rights greater than are
mandated by statute or regulation for commercial computer
software developed entirely at private expense, or (2)
restrict any government rights in any extensions or
custom solutions provided hereunder and developed at
government expense.
L. Other Jurisdictions.
The Site makes no representation that
the Site or any of the Materials contained therein are
appropriate or available for use in other locations,
and access to them from territories where their content
may be illegal or is otherwise prohibited. Those who
choose to access the Site from such locations do so
on their own initiative and are solely responsible for
compliance with all applicable local laws.
24. Consumer Rights
Information – California Residents.
This Section applies only to California
residents. In compliance with Section 1789 of the California
Civil Code, please note the following:
Name of Service Provider: FGC
Contact Information: 781 Douglas Avenue
Altamonte Springs, FL 32714
Users who wish to gain access to the members-only
section of the DISCOTECA-HELP.com Site must be a member
in good standing. The DISCOTECA-HELP.com reserves the
right to change the Site or membership requirements
at any time. Users may contact the Site at webmaster
webmaster @ DISCOTECA-HELP.com in order to receive further
information about the Site.
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