SafeBodyPiercingArt.com
TERMS AND
CONDITIONS OF USE
Welcome to our website. This site is
maintained as a service to our customers. By using this site, you
agree to comply with and be bound by the following terms and
conditions of use. Please review these terms and conditions
carefully. If you do not agree to these terms and conditions, you
should not use this site.
1. Agreement.
This Agreement (the "Agreement") specifies the Terms and Conditions
for access to and use of SafeBodyPiercingArt.com (the "Site")
and describe the terms and conditions applicable to your access of
and use of the Site. This Agreement may be modified at any time by
SafeBodyPiercingArt.com upon posting of the modified
agreement. Any such modifications shall be effective immediately.
You can view the most recent version of these terms at any time at
www.SafeBodyPiercingArt.com. Each use by you shall constitute
and be deemed your unconditional acceptance of this
Agreement.
2. Intellectual Property
Ownership.
(a) Our Content. All content
included on this site is and shall continue to be the property of
SafeBodyPiercingArt.com or its content suppliers and is
protected under applicable copyright, patent, trademark, and other
proprietary rights. Any copying, redistribution, use or publication
by you of any such content or any part of the Site is prohibited
without express permission by SafeBodyPiercingArt.com. Under
no circumstances will you acquire any ownership rights or other
interest in any content by or through your use of this site.
[Trademark] is the trademark or registered trademark of
SafeBodyPiercingArt.com. Other product and company names
mentioned on this Site may be trademarks of their respective
owners.
(b) User Supplied Content. By accessing our
forum, bulletin board, chat room, or any other user interactive area
of our site, and placing any information in any of those areas, you
hereby grant us a perpetual, irrevocable, royalty free license in
and to such materials, including but not limited to the right to
post, publish, transmit, distribute, create derivative works based
upon, create translations of, modify, amend, enhance, change,
display and publicly perform such materials in any form or media,
whether now known or later discovered. You also grant to others who
access the forum, bulletin board, chat room or any other user
interactive area of our site a perpetual, non-revocable, royalty
free license to view, download, store and reproduce your postings
but such license is limited to the personal use and enjoyment of
such other party.
(c) Personal Use.
SafeBodyPiercingArt.com grants you a limited, revocable,
nonexclusive license to use this site solely for your own personal
use and not for republication, distribution, assignment, sublicense,
sale, preparation of derivative works, or other use. You agree not
to copy materials on the site, reverse engineer or break into the
site, or use materials, products or services in violation of any
law. The use of this website is at the discretion of
SafeBodyPiercingArt.com and SafeBodyPiercingArt.com may
terminate your use of this website at any time.
(d) Other
Uses. All other use of Content from the Site, including, but not
limited to uploading, downloading, modification, publication,
transmission, participation in the transfer or sale of, copying,
reproduction, republishing, creation of derivative works from,
distribution, performance, display, incorporation into another web
site, reproducing the Site (whether by linking, framing or any other
method), or in any other way exploiting any of the Content, in whole
or in part, is strictly prohibited without
SafeBodyPiercingArt.com prior express written
consent.
3. Disclaimers.
(a)
DISCLAIMER OF WARRANTIES. THE INFORMATION ON THIS SITE IS
PROVIDED ON AN `?AS IS,? ?AS AVAILABLE? BASIS. YOU AGREE THAT USE OF
THIS SITE IS AT YOUR SOLE RISK. SafeBodyPiercingArt.com
DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO
ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED
WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO
YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE
SITE.
FURTHERMORE, SafeBodyPiercingArt.com DOES NOT
WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY
TIME OR FROM ANY LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL
BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. [Name of website operator] , ITS SUBSIDIARIES,
VENDORS AND AFFILIATES DISCLAIM ANY RESPONSIBILITY FOR THE DELETION,
FAILURE TO STORE, OR UNTIMELY DELIVERY OF ANY INFORMATION OR
MATERIALS, AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE SITE. USE OF THE SITE'S SERVICES IS DONE AT YOUR OWN DISCRETION
AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOU
COMPUTER SYSTEMS OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD
OF SUCH INFORMATION OR MATERIAL.
(b) LIMITATION OF
LIABILITY. SafeBodyPiercingArt.com SHALL NOT BE
RESPONSIBLE OR LIABLE TO PROVIDERS OR ANY THIRD PARTIES UNDER ANY
CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR
EXEMPLARY DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
WHICH MAY BE INCURRED IN CONNECTION WITH
SafeBodyPiercingArt.com? OR THE SITE, OR USE THEREOF, OR ANY
OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON
THE SITE OR ANY SERVICES, OR INFORMATION PURCHASED, RECEIVED OR SOLD
BY WAY OF THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF
THE CAUSE OF ACTION, EVEN IF SafeBodyPiercingArt.com? HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS.
(c) EARNINGS
DISCLAIMERS. The information presented in this Website is
intended to be for your educational and entertainment purposes only.
We are not presenting you with a business opportunity.
We are not presenting you with a distributorship.
We
are not making any claims as to income you may earn.
We are
not presenting you with an opportunity to get rich.
Before
embarking on any endeavor, please use caution and seek the advice
your own personal professional advisors, such as your attorney and
your accountant.
Where income figures are mentioned (if any),
those income figures are anecdotal information passed on to us
concerning the results achieved by the individual sharing the
information. We have performed no independent verification of the
statements made by those individuals. Please do not assume that you
will make those same income figures.
Please do not construe
any statement in this website as a claim or representation of
average earnings. There are NO average earnings. Testimonials and
statements of individuals are not to be construed as claims or
representations of average earnings. We cannot, do not, and will not
make any claims as to earnings, average, or
otherwise.
Success in any endeavor is based on many factors
individual to you. We do not know your educational background, your
skills, your prior experience, or the time you can and will devote
to the endeavor.
Please perform your own due diligence before
embarking on any course of action. Follow the advice of your
personal qualified advisors.
There are risks in any endeavor
that are not suitable for everyone. If you use capital, only "risk"
capital should be used.
There is no guarantee that you will
earn any money using any of the ideas presented in our in materials.
Examples in our materials are not to be interpreted as a promise or
guarantee of earnings.? Many factors will be important in
determining your actual results and no guarantees are made that you
will achieve results similar to ours or anybody else?s. No guarantee
is made that you will achieve any result at all from the ideas in
our material.
You agree that we will not share in your
success, nor will we be responsible for your failure or for your
actions in any endeavor you may undertake.
Please understand
that past performance cannot be an indication of possible future
results.
Materials in our product and our website may contain
information that includes or is based upon forward-looking
statements within the meaning of the securities litigation reform
act of 1995. Forward-looking statements give our expectations or
forecasts of future events. You can identify these statements by the
fact that they do not relate strictly to historical or current
facts. They use words such as ?anticipate,? ?estimate,? ?expect,?
?project,? ?intend,? ?plan,? ?believe,? and other words and terms of
similar meaning in connection with a description of potential
earnings or financial performance. Any and all forward looking
statements in our materials are intended to express our opinion of
earnings potential. They are opinions only and should not be relied
upon as fact.
4. Terms Relating to User Supplied Site
Content.
(a) Participate at Your Own
Risk. You enter and participate in our forum, bulletin
board, chat room, or any other user interactive area of our site,
and gain access to the materials contained thereon at your own
risk.
(b) No Monitoring. We do not monitor
or screen communications on our forum, bulletin board, chat room, or
any other user interactive area of our site and we are not
responsible for any material that any of our forum, bulletin board,
chat room, or any other user interactive area of our site
participant posts and we do not assume the responsibility to do so.
In the event that we are notified by any party that any
communications contained in our forum, bulletin board, chat room, or
any other user interactive area of our site is contrary to these
terms, we may, but are not obligated to, investigate the situation
and determine in our own discretion, whether to remove such
communication from our forum, bulletin board, chat room, or any
other user interactive area of our site.? We have no liability or
responsibility to investigate or remove any content from our forum,
bulletin board, chat room, or any other user interactive area of our
site based upon a complaint or otherwise.
(c) Your
Reliance at Your Risk. We do not make any representations
or warranties as to the truth or accuracy of any statement made or
materials posted on or through our forum, bulletin board, chat room,
or any other user interactive area of our site.? You agree and
acknowledge that you assume the risk of any actions you take in
reliance upon the information that may be contained in our forum,
bulletin board, chat room, or any other user interactive area of our
site.
(d) No Endorsement. We do not endorse
or lend any credence for any statements that are made by any
participant in our forum, bulletin board, chat room, or any other
user interactive area of our site. Any opinions or views expressed
by our forum, bulletin board, chat room, or any other user
interactive area of our site participants are their own.? We do not
endorse or support or otherwise give any credence or reason for
reliance on any such statements or opinions.
(e) You
are Responsible. You are fully responsible for your own
statements and materials that you post in our forum, bulletin board,
chat room, or any other user interactive area of our site and any
consequences, whether or not foreseen, to any party who may rely
upon these statements.? You agree that you will not take any action
directed towards attempting to hold us responsible for any such
materials or statements.
(f) Removal of
Material. As a participant in our forum, bulletin board,
chat room, or any other user interactive area of our site, you agree
that we may remove any materials from our forum, bulletin board,
chat room, or any other user interactive area of our site for any
reason, in our sole discretion, or for no reason at all.? This
includes material which is disruptive, abusive, offensive, illegal,
vulgar, pornographic, or any other material.? You hold us harmless
from and against any damage you or others may suffer as a result of
our removal of any content from our forum, bulletin board, chat
room, or any other user interactive area of our site or from the
discontinuance of our forum, bulletin board, chat room, or any other
user interactive area of our site at any time.
(g)
Right to Expel. We have the right to remove, expel,
or disqualify any party from participation and access to our forum,
bulletin board, chat room, or any other user interactive area of our
site for any time and for any reason, or for no reason whatsoever,
in our sole and absolute discretion.? This includes, but is not
limited to any violation of this agreement, disruptive behavior,
complaints from other parties, any allegedly illegal activity, or
for any other reason or for no reason at all.
(h)
Right to Terminate. We reserve the right to
terminate our forum, bulletin board, chat room, or any other user
interactive area of our site at any time and all users hold us
harmless from and against any claims, damages, suits, threats,
demands, liabilities, actions, causes of action, or injuries that
may result therefrom, including but not limited to any
consequential, incidental, and special damages of every nature and
type.
(i) Prohibitions. You agree that you
will not (1) use our forum, bulletin board, chat room, or any other
user interactive area of our site for any illegal purpose, (2) place
any material in our forum, bulletin board, chat room, or any other
user interactive area of our site that violates the copyrights,
trademarks, trade secrets, confidential information or other rights
of any other party, (3) place any material in our forum, bulletin
board, chat room, or any other user interactive area of our site
that contains a false statement about any person, infringes upon the
privacy rights of any other person, or threatens, harasses, abuses
or embarrasses any other person, (4) place any obscene,
pornographic, sexually explicit or violent materials, graphics,
photographs, text or otherwise in our forum, bulletin board, chat
room, or any other user interactive area of our site, (5) place any
advertising, attempted business solicitation, marketing materials or
sales promotional materials in our forum, bulletin board, chat room,
or any other user interactive area of our site, (6) pretend to be
another person that you are not, (7) place materials in our forum,
bulletin board, chat room, or any other user interactive area of our
site that are disruptive or off-topic.
(j) Hold
Harmless and Indemnify. You hold us harmless from, and
indemnify us against, any and all claims for damages from third
parties arising from your participation, use or conduct in our
forum, bulletin board, chat room, or any other user interactive area
of our site.
5. Miscellaneous.
(a)
Prohibition Against Data Mining. You are prohibited
from data mining, scraping, crawling, email harvesting or using any
process or processes that send automated queries to the
SafeBodyPiercingArt.com Web site. You may not use the [Name of
website operator] Web site to compile a collection of listings,
including a competing listing product or service. You may not use
the Site or any Materials for any unsolicited commercial
e-mail.
(b) Intended Audience. This website
is intended for adults only. This website is not intended for any
children under the age of 18.
(c) Compliance with
Laws. You agree to comply with all applicable laws
regarding your use of the website. You further agreed that
information provided by you is truthful and accurate to the best of
your knowledge.
(d) Indemnification. You
agree to indemnify, defend and hold SafeBodyPiercingArt.com
and our partners, employees, and affiliates, harmless from any
liability, loss, claim and expense, including reasonable attorney's
fees, related to your violation of this Agreement or use of the
Site.
(e) Privacy. Your visit to our site is
also governed by our Privacy Policy. Please review our Privacy
Policy at www.SafeBodyPiercingArt.com.
SafeBodyPiercingArt.com reserves the right, and you authorize
us, to use and assign all information regarding site uses by you and
all information provided by you in any manner consistent with our
Privacy Policy.
(f) DMCA Notice. If you
believe your work has been copied in a way that constitutes
copyright infringement, please provide a notice containing all of
the following information to our Copyright Agent:
(1) An
electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest;
(2) A
description of the copyrighted work that you claim has been
infringed;
(3) A description of where the material that you
claim is infringing is located on the Site;
(4) Your address,
telephone number, and e-mail address;
(5) 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
(6) A statement by you, made under penalty of perjury,
that the above information in your notice is accurate and that you
are the copyright owner or authorized to act on the copyright
owner's behalf.
Our Copyright Agent for Notice of claims of
copyright infringement on the Site is John MacConnell, who can be
reached as follows:
By Mail: 1504 - A Murdock Rd.,
Charlotte, NC 28205 By Phone: 704-307-2313 By e-mail:
meaningfulmktng [at] gmail.com
(g) Applicable
Law.?You agree that the laws of the state of North Carolina
without regard to conflicts of laws provisions will govern these
Terms and Conditions of Use and any dispute that may arise between
you and SafeBodyPiercingArt.com or its affiliates. Venue shall
be in Mecklinburg county.
(h) Arbitration.
As part of the consideration that SafeBodyPiercingArt.com
requires for viewing, using or interacting with this website, you
agree to the use of binding arbitration for any claim, dispute, or
controversy of any kind (whether in contract, tort or otherwise)
arising out of or relating to this website.
Arbitration
shall be conducted pursuant to the rules of the American Arbitration
Association which are in effect on the date a dispute is submitted
to the American Arbitration Association.? Information about the
American Arbitration Association, its rules, and its forms are
available from the American Arbitration Association, 335 Madison
Avenue, Floor 10, New York, New York, 10017-4605.?
Hearing
will take place in Charlotte, NC, in Mecklinburg County.
In
no case shall you have the right to go to court or have a jury
trial.? You will not have the right to engage in pre-trial discovery
except as provided in the rules; you will not have the right to
participate as a representative or member of any class of claimants
pertaining to any claim subject to arbitration; the arbitrator's
decision will be final and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other party
for any and all costs associated with the dispute arbitration,
including attorney fees, collection fees, investigation fees, and
travel expenses.
(i) Severability. If any
provision of this Agreement shall be adjudged by any court of
competent jurisdiction to be unenforceable or invalid, that
provision shall be limited or eliminated to the minimum extent
necessary so that this Agreement will otherwise remain in full force
and effect.
(j) Termination.
SafeBodyPiercingArt.com may terminate this Agreement at any
time, with or without notice, for any reason.
(k)
Contact Information.
HOW TO CONTACT
US:
John MacConnell 1504 - A Murdock Rd., Charlotte, NC
28205 704-307-2313 meaningfulmktng [at]
gmail.com
Copyright 2008
SafeBodyPiercingArt.com All rights reserved. Unauthorized
duplication or publication of any materials from this Site is
expressly prohibited.
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