TERMS
OF USE & SERVICE AGREEMENT
By
visiting or shopping at this web site, you accept the following terms
and conditions.
Please
read them completely.
The
NuclearDoll.com Web Site (the "Site") is an online information
service provided by Nuclear Doll ("NuclearDoll.com "),
subject to your compliance with the terms and conditions set forth
below.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING
OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO
BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU
DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU
MAY NOT ACCESS OR USE THE SITE. NuclearDoll.com MAY MODIFY THIS
AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE
EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT
ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO
BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR
USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF
THE MODIFIED AGREEMENT.
Copyright,
Licenses and Idea
Submissions.
The
entire contents of the Site are protected by
international
copyright and trademark laws. The owner of the copyrights and
trademarks are NuclearDoll.com, its affiliates or other third party
licensors.
YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH,
UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE
MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR
SOFTWARE.
You agree to grant to
NuclearDoll.com a non-exclusive, royalty-free, worldwide, perpetual
license, with the right to sub-license, to reproduce, distribute,
transmit, create derivative works of, publicly display and publicly
perform any materials and other information (including, without
limitation, ideas contained therein for new or improved products and
services) you submit to any public areas of the Site (such as bulletin
boards, forums and newsgroups) or by e-mail to NuclearDoll.com by all
means and in any media now known or hereafter developed. You also
grant to NuclearDoll.com the right to use your name in connection with
the submitted materials and other information as well as in
connection with all advertising, marketing and promotional material
related thereto. You agree that you shall have no recourse against
NuclearDoll.com for any alleged or actual infringement or
misappropriation of any proprietary right in your communications to
NuclearDoll.com.
Use
of the Site.
You
understand that, except for information,
products or services
clearly identified as being supplied by NuclearDoll.com,
NuclearDoll.com does not operate, control or endorse any information,
products or
services on the Internet in any way. Except for
NuclearDoll.com-
identified information, products or services, all information,
products and services offered through the Site or on the Internet
generally are offered by third parties, that are not affiliated with
NuclearDoll.com. You also understand that
NuclearDoll.com cannot and
does not guarantee or warrant that files available for downloading
through the Site will be free of infection or viruses, worms, Trojan
horses or other code that manifest contaminating or destructive
properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements
for accuracy of data input and output, and for maintaining a means
external to the Site for the reconstruction of any lost data.
YOU
ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR
USE OF THE
SITE AND THE INTERNET. NuclearDoll.com PROVIDES THE SITE AND
RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR
IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF
TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH
REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR
SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY, AND NuclearDoll.com SHALL NOT BE LIABLE FOR ANY COST
OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH
TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE
ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS,
ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED
THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
NuclearDoll.com DOES NOT WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE
WILL BE CORRECTED.
YOU
UNDERSTAND FURTHER THAT THE PURE NATURE OF THE
INTERNET CONTAINS UNEDITED
MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE
OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK.
NuclearDoll.com HAS NO CONTROL OVER AND ACCEPTS NO
RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION
OF LIABILITY
IN NO EVENT WILL NuclearDoll.com BE LIABLE FOR ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR
ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR
DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH
INFORMATION OR SERVICE. EVEN IF NuclearDoll.com OR ITS
AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR ANY CLAIM ATTRIBUTABLE TO
ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE
AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE
SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH
STATES, NuclearDoll.com LIABILITY IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW.
NuclearDoll.com
makes no representations whatsoever
about any other
web site which you may access through this one or which may link to
this Site. When you access a non-NuclearDoll.com web site, please
understand that it is independent from NuclearDoll.com, and that
NuclearDoll.com has no control over the content on that web site. In
addition, a link to a NuclearDoll.com web site does not mean that
NuclearDoll.com endorses or accepts any responsibility for the content,
or the use, of such web site.
Indemnification.
You
agree to indemnify, defend and hold harmless
NuclearDoll.com, its
officers, directors, employees, agents, licensors, suppliers and any
third party information providers to the Service from and against all
losses, expenses, damages and costs, including reasonable attorneys'
fees, resulting from any violation of this Agreement (including
negligent or wrongful conduct) by you or any other person accessing
the Service.
Third
Party Rights.
The
provisions Use of the
Service, and Indemnification are for the benefit of
NuclearDoll.com and its
officers, directors, employees, agents, licensors, suppliers, and any
third party information providers to the Service. Each of these
individuals or entities shall have the right to assert and enforce
those provisions directly against you on its own behalf.
Term;
Termination.
This
Agreement may be terminated by either party
without notice at
any time for any reason. The provisions of Copyright,
Licenses and Idea Submissions, Use of the
Service, Indemnification, Third Party
Rights
and Miscellaneous shall
survive any termination of this Agreement.
Governing Law and Jurisdiction.
These terms
and
conditions shall be governed by and construed in accordance with the
laws of the United States of America and the State of Oregon, without
giving effect to its conflicts of law rules or principles.
By using this site, or
purchasing it's products,
you agree that any legal dispute that arises from or relates to this
site or it's products shall be brought and conducted solely and
exclusively within the Circuit Court of Marion County in the
State
of Oregon and you agree to submit to the jurisdiction of the
court. By using this site, you agree to indemnify, and
hold harmless NuclearDoll.com from any and all claims, damages,
liability, costs and/or expenses, including attorneys’ fees,
arising
from or relating to your use of this site and/or it's products, its
content, or any purchases made relating to this site or third party.
Any cause of
action or claim you
may have with respect to the Service must be commenced within
one year after the claim or cause of action arises or such claim or
cause of action is barred. NuclearDoll.com's failure to insist upon or
enforce strict performance of any provision of this Agreement shall
not be construed as a waiver of any provision or right. Neither the
course of conduct between the parties nor trade practice shall act to
modify any provision of this Agreement. NuclearDoll.com may assign
its rights and duties under this Agreement to any party at any time
without notice to you.
Any
rights not expressly granted herein are reserved.
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