The owners and operators of this Website are not the primary producer (as that term is defined in 18 USC section 2257) of any of the visual content contained in the Website.
The original records required pursuant to 18 U.S.C. section 2257 and 28 C.F.R. 75 for materials contained in the website are kept by the appropriate Custodian of Records as follows:
Matrix
Content
23679 Calabasas Road Suite #210
Calabasas, California 91302
Contact: Jason Bentley
Email: sales@matrixcontent.com
818-577-4580
MaxPixels
4329 Colfax ave #102
Studio City, California, 91207
Contact: Don Mike
Email: donmiket@maxpixels.com
Phone: (818) 762-4886
ICQ#: 317407511
IM: DonMikeMaxP
Yahoo: DonMikeMaxP
AdultCzechcontent.com
P.O. BOX 1
530 09 Pardubice
Czech Republic
Europe
Contact: Jakub Jehlicka
Email: sales@adultczechcontent.com
Phone: (818) 762-4886
ICQ#: 153918034
Tri-Tech Internet Services, Inc.
300 W. Colorado Blvd.
Pasadena, Ca. 91105
Email: legal@cyberage.com
Custodian Of Records(18 U.S.C. Section2257)
R. Barron
14141 Covello Street Suite 1D
Van Nuys, CA 91405
Contact us at info@madnesspictures.com
David
Lace Studios
8841 Exposition Blvd.
Culver City, California
90232
Contact: David Lace 310-559-2355
Ounique,
Inc.
1626 North Wilcox Avenue
Suite 178
Hollywood,
California 90028
Contact: Don Mike
323.461.3310
Data
Imaging
2111 E. Burnside Ste 100
Portland,
Oregon 97213-0304
Contact: Dan Lee
(503)232-3135
5starHD.com
5Star Media Limited
Suite 2, Portland House, Glacis Road
Gibraltar
buzz@5starHD.com
ICQ 109571715
Cool Content
cool-content.com
CEO Casper Meier
casper@cool-content.com
Vancouver Canada
ICQ#: 277862930 -
152200896
Phone Office: +1 604 568 5585
Phone Cell: +1 778 987 3703
Adult Labs
adultlabs.com
Morris Corporation Ltd,
186 Hammersmith Road, London W6 7DJ, UK
Yuri Vershinin
icq: 15325752 - 277780374
Sales support: support@adultlabs.com
Tech support : webmaster@adultlabs.com
Amazing Content
amaizingcontent.com
Trion Media s.r.o.
Ingo John
Ceska 1/3
602 00 Brno
Czech Republic
sales@amazingcontent.com
ICQ (319-146-475)
Telephone: +420 731 212258
Jonathan Silverstein
Virtual iNet Promotions, Inc.
PH: 818-822-9767
ICQ 40-361-994
sales@thecontentstore.com
http://www.TheContentStore.com
http://www.ContentBlowout.com
JV Content
jvcontent.com
Jeff
Varscity, Inc.
13428 Maxella Ave. #745
Marina Del Rey, CA 90292
J. Stephen Hicks
5126 Clareton Drive #209,
Agoura Hills, CA 91301
Tel: (818) 991-0919
jstephen@digitaldesire.com
This is an online Web site and as such is continuously ongoing and changing production.
TOP
Privacy
Statement for CYBERAGE.COM
CyberAge.com
has created this privacy statement in order to demonstrate our firm
commitment to privacy. The following discloses our
information-gathering and dissemination practices for this site.
Our
site occasionally uses an order form for customers to request
information, products and services. We collect visitors' contact
information (like their email address) and financial information
(like their account or credit card numbers). Contact information from
the order form is used to send orders, information about our company
and promotional material from some of our partners to our customers.
The customer's contact information is also used to get in touch with
the visitor when necessary. Users
may also unsubscribe from
future mailings and billing. Financial information that is collected
is used to bill the user for products and services only. .
On
the CyberAge.com pages, Users may sign up for the free weekly email
newsletter simply by providing their email address in the box
provided. Before you actually receive the newsletter, you will be
sent a confirmation email requiring you to reply and confirm that you
wish to be added to the mailing list. If you do not respond, you will
not be added to the subscriber list. Active subscribers to the free
site newsletter may unsubscribe at any time by
http://www.cyberage.com/newsletter.html
and re-entering your E-mail and checking the unsubscribe box.
From
time to time, products and services that may be of value to you will
be offered by third parties interested in your business. cyberage.com
contains links to other related World Wide Web Internet sites,
resources and sponsors of Cyberage.com. Selection of an ad banner or
link redirects User off of cyberage.com to a third party.
Transactions that occur between the User and the third party are
strictly between the User and the third party and are not the
responsibility of cyberage.com. Because cyberage.com is not
responsible for the availability of these outside resources or their
privacy policy or content, User should direct any concerns to its
site administrator or Webmaster.
TOP
Unsubscribe/account
status/Deactivate:
Active
subscribers to the free site newsletter may unsubscribe at any time
by http://www.cyberage.com/newsletter.html
and re-entering your E-mail and checking the unsubscribe box.
To
Contact us: Within The US and Canada call:1-800-969-5577
Others call:626 229-7900
Fax: 1-818-548-5454
For Account Status Click
Here
To Cancel Platinum Membership
Click Here
TOP
CyberAge.Com
Membership Agreement
YOU
MUST READ AND AGREE to the terms and conditions of this Membership
Agreement (the “Agreement”) before You can become an
active member of CyberAge, and receive a CyberAge access ID. By
applying for a CyberAge Membership ID you agree to the terms and
conditions set forth in this Membership Agreement. These terms
and conditions will continue in effect throughout your membership and
after any termination, cancellation or expiration. Please read
each of these terms and conditions carefully because they will be
legally binding on you if you chose to obtain a CyberAge ID.
The parties to this Agreement are You, the Member (hereafter
“You”, “Your” or “Member”), and
TRI-TECH INTERNET, INC. (hereafter the "Company"), the
owner of CyberAge.
1.
Member acknowledges, represents and warrants that, acceptance of the
benefits, rights and privileges afforded to Member by the CyberAge
Membership are fair and adequate consideration to contractually bind
the Member to the terms and conditions herein set forth and as may,
from time to time, be amended.
2.
Member acknowledges and is aware that upon approval of a CyberAge
Application, the applicant becomes a CyberAge member (subject to all
the terms and conditions set forth herein) and shall obtain a
CyberAge Membership ID which will, for the period of time for which
the Member has enrolled and for which Member has paid, enable the
Member to access CyberAge.com. All
representations, warranties, acknowledgements and agreements by
Member, as set forth in this Agreement, shall continue in force
throughout the term of the CyberAge membership.
5.
Member acknowledges and is aware that the use of the CyberAge
Membership ID will permit the Member to access web sites which may
contain materials that are not suitable for minors including, but not
limited to, sexually explicit adult oriented materials,
depictions and descriptions of graphic nudity, simulated or actual
sexual acts, auto eroticism and homosexuality (herein referred to as
“Materials”).
6.
Member acknowledges that he or she is aware of the following:
that all materials including messages and other communications
contained in the web sites are intended for distribution exclusively
to consenting adults in locations where the materials, messages and
other communications contained within or accessible through the adult
web sites do not violate any community standards or any federal,
state or local law or regulation of the United States or any other
country. No person under the age of eighteen (18) or twenty-one
in places were eighteen years of age is not the age of majority, may
directly or indirectly view or possess any of the contents of the web
sites, or place any orders for goods or services advertised at, or in
the web site.
7.
Member hereby acknowledges and represents that he or she knows and
understands that the materials presented at, or accessible from the
adult web sites include explicit visual, audio and textual depictions
and descriptions of nudity and sexual activities, including without
limitation, heterosexual, bi-sexual, homosexual and transsexual
activities of an explicit sexual nature; that member is familiar with
materials of this kind; that member is not offended by such
materials; and that by agreeing to these terms and conditions member
is warranting to the Company that he or she is intentionally and
knowingly seeking access to such explicit sexual materials for his or
her own personal viewing.
8.
Member represents and warrants to Company that Member’s
acceptance of a CyberAge ID and/or purchase of a CyberAge Membership
on the terms and conditions set forth herein constitutes an
unequivocal request to receive sexually explicit material via access
to the adult web sites and Member makes the following statements and
representations to the Company (and which are relied upon by Company)
as a material inducement to issue a CyberAge Membership and/or ID to
Member:
“UNDER
PENALTY OF PERJURY, I SWEAR/AFFIRM THAT AS OF THIS MOMENT, I AM AN
ADULT, AT LEAST 18 YEARS OF AGE (21 IN AL, MS, NE, WY, AND ANY OTHER
LOCATION WHERE 18 IS NOT THE AGE OF MAJORITY). I PROMISE THAT I WILL
NOT PERMIT ANY PERSON(S) UNDER 18 YEARS OF AGE (21 IN AL, MS, NE, WY,
AND ANY OTHER LOCATION WHERE 18 IS NOT THE AGE OF MAJORITY) TO HAVE
ACCESS TO ANY OF THE MATERIALS CONTAINED WITHIN THE ADULT WEB SITES.
I UNDERSTAND THAT WHEN I GAIN ACCESS TO THE WEB SITES, I WILL BE
EXPOSED TO VISUAL IMAGES, VERBAL DESCRIPTIONS, AND AUDIO SOUNDS OF A
SEXUAL ACTIVITY. I AM VOLUNTARILY CHOOSING TO DO SO, BECAUSE I WANT
TO VIEW, READ AND/OR HEAR THE VARIOUS MATERIALS WHICH ARE AVAILABLE,
FOR MY PERSONAL ENJOYMENT, INFORMATION AND/OR EDUCATION. MY
CHOICE IS A MANIFESTATION OF MY INTEREST IN SEXUAL MATTERS, WHICH, I
BELIEVE, IS BOTH HEALTHY AND NORMAL AND WHICH, IN MY EXPERIENCE, IS
GENERALLY SHARED BY AVERAGE ADULTS IN MY COMMUNITY. I AM FAMILIAR
WITH THE STANDARDS IN MY COMMUNITY REGARDING THE ACCEPTANCE OF SUCH
SEXUALLY ORIENTED MATERIALS, AND THE MATERIALS I EXPECT TO ENCOUNTER
AND ACCESS THROUGH THEADULT
WEB SITES ARE WITHIN THOSE STANDARDS IN MY JUDGMENT; THAT THE AVERAGE
ADULT IN MY COMMUNITY ACCEPTS THE VIEWING AND ACCESSING OF SUCH
MATERIALS BY WILLING ADULTS IN CIRCUMSTANCES SUCH AS THIS WHICH OFFER
REASONABLE INSULATION FROM THE MATERIALS FOR MINORS AND UNWILLING
ADULTS; AND THAT THE AVERAGE ADULT IN MY COMMUNITY WOULD NOT FIND
SUCH MATERIALS TO APPEAL TO A PRURIENT INTEREST OR TO BE PATENTLY
OFFENSIVE. I FURTHER REPRESENT AND WARRANT THAT I HAVE NOT NOTIFIED
ANY GOVERNMENTAL AGENCY, INCLUDING THE U.S. POSTAL SERVICE, THAT I DO
NOT WISH TO RECIVE SEXUALLY ORIENTED MATERIAL.”
NOTICE
AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If
you believe that your work has been copied in a way that constitutes
copyright infringement, or your intellectual property rights have
been violated in any way, please send written Notification to
CyberAge's Copyright Agent as follows:
Name
of Agent Designated to Receive Notification: Robert F. Klueger
Full
Address of Designated Agent to Which Notification Should be Sent: 300 W. Colorado Blvd.,Pasadena, Ca. 91105
Telephone
Number of Designated Agent: (818) 548-8882
Facsimile
Number of Designated Agent: (818) 254-3349
E-mail
Address of Designated Agent: copyright@tritech.org
To
be effective, the Notification must include the following:
1.
A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly
infringed;
2. Identification of the copyrighted work claimed to
have been infringed, or if multiple copyrighted works at a single
online site are covered by a single notification, a representative
list of such works at that site;
3. Identification of the
material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is
to be disabled, and information reasonably sufficient to permit the
service provider to locate the material;
4. Information
reasonably sufficient to permit the service provider to contact the
Complaining Party, such as an address, telephone number, and if
available, an electronic mail address at which the complaining party
may be contacted;
5. A statement that the Complaining Party has a
good faith belief that use of the material in the manner complained
of is not authorized by the copyright owner, its agent, or the law;
and
6. A statement that the information in the notification is
accurate, and under penalty of perjury, that the Complaining Party is
authorized to act on behalf of the owner of an exclusive right that
is allegedly infringed.
Upon
receipt of the written Notification containing the information as
outlined in 1 through 6 above:
1.
CyberAge will remove or disable access to the material that is
alleged to be infringing;
2. CyberAge will forward the written
Notification to such alleged infringer ("Subscriber");
3.
CyberAge will take reasonable steps to promptly notify the Subscriber
that it has removed or disabled access to the material.
Counter
Notification:
The Subscriber then may submit a Counter
Notification. To be effective, the Counter Notification must be a
written communication provided to CyberAge's Designated Agent that
includes substantially the following:
1.
A physical or electronic signature of the Subscriber;
2.
Identification of the material that has been removed or to which
access has been disabled and the location at which the material
appeared before it was removed or access to it was disabled;
3. A
statement under penalty of perjury that the Subscriber has a good
faith belief that the material was removed or disabled as a result of
mistake or misidentification of the material to be removed or
disabled;
4. The Subscriber's name, address, and telephone
number, and a statement that the Subscriber consents to the
jurisdiction of Federal District Court for the judicial district in
which the address is located, or if the Subscriber's address is
outside of the United States, for any judicial district in which the
Service Provider may be found, and that the Subscriber will accept
service of process from the person who provided notification or an
agent of such person.
Upon
receipt of a Counter Notification containing the information as
outlined in 1 through 4 above:
1.
CyberAge will promptly provide the Complaining Party with a copy of
the Counter Notification;
2. CyberAge will inform the Complaining
Party that it will replace the removed material or cease disabling
access to it within ten (10) business days;
3. CyberAge will
replace the removed material or cease disabling access to the
material within ten (10) to fourteen (14) business days following
receipt of the Counter Notification, provided CyberAge's Designated
Agent has not received notice from the Complaining Party that an
action has been filed seeking a court order to restrain Subscriber
from engaging in infringing activity relating to the material on
Service Provider's network or system
10.
Any action on Your part to Bookmark to a page on a web site whereby
the Warning Page, the Age Verification Page, and/or the Terms and
Conditions of Membership Page is bypassed shall constitute an
implicit acceptance by You of all the Terms and Conditions set forth
herein as well as an explicit acknowledgement by You of the fact that
You are over the age of 18.
11.
Company represents and agrees that except in response to legal
process, Company will not disclose, disseminate, sell, lease or
transfer any private information provided to it by Member to any
third parties. Otherwise, all data, information, compilations,
statistical analyses, profiles, membership history and transaction
records are the sole and absolute property of Company.
12.
All membership fees are non-refundable in the event that any valid
membership is cancelled by Company for violation of these terms and
conditions or by Member. If it is determined by Company,
in its sole and absolute discretion, that the membership was not
validly obtained, then Company will credit the credit card account
improperly used for the charges and will invalidate the Membership
ID.
12.1
In the event that a refund is issued, ALL refunds will be made by
crediting the credit card that was used to make the original
purchase. NO refunds will be made by cash or check.
12.2
Member acknowledges and is aware that the price of the service provided by the Company is as quoted at time of purchase and that transactions are created, authorized and settled through the CompanyËs accounts in United States Dollars for these amounts but that these transactions may be conducted at the CompanyËs banks either within or outside of the United States. In the event that a transaction occurs at one of the CompanyËs banks not in the United States, the Member acknowledges that the MemberËs card issuing bank may charge a fee for the this transaction. The Company does not benefit from these additional fees nor do we authorize, request or initiate these fees. They are charged at the sole discretion of the MemberËs card issuing bank.
13.
Your Obligations, Duties, Representations and Warranties.
You hereby acknowledge and agree that Company’s willingness to
enter into this Agreement is based on various material
representations, warranties and guarantees made by you and relied
upon by Company, as set forth in detail in this paragraph:
14.
Member represents and warrants that, in the event Member accesses any
Materials, that Member will not use the Materials in any unlawful
manner, will not display or transmit the Materials to, or allow
access of the Materials by, minors, except where such display,
transmission or access is permitted by law.
14.1
Member represents and warrants that, in the event Member accesses any
Materials, that Member will not use the Materials in any manner
inconsistent with, or in violation of the intellectual property
rights of the owner of the Materials.
14.2
Member will not publish, disclose, disseminate or otherwise permit
any other person to use his/her CyberAge Membership ID.
14.3
Member acknowledges that Company relies on the representations and
warranties made by the Member in the Member’s Application and
these terms and conditions. Member represents and warrants that all
information provided in the Application is true and correct.
14.4
Member agrees not to remove any proprietary notices or designations
of ownership from any Materials that Member has accessed from a
participating web site at any time.
14.5
Member agrees not to make any commercial use of any Materials that
Member has accessed from a participating web site without the prior
express written authorization from the participating web site owner.
14.6
Member agrees not to permit other individuals to directly or
indirectly use or view any Materials that Member has accessed from a
web site without the prior express written authorization from the web
site owner.
14.7
Member agrees not to modify, translate, reverse engineer, decompile
or disassemble any Materials that Member has accessed from a web site
without the prior express written authorization from the web site
owner.
14.8
Member agrees not to make copies or create derivative works based on
any Materials that Member has accessed from a web site without the
prior express written authorization from the web site owner.
14.9
Member agrees not to rent, lease, or transfer any rights to any
Materials that Member has accessed from a web site without the prior
express written authorization from the web site owner.
14.10
Member agrees not to remove any proprietary notices, including
copyright and trademark notices, or labels on any Materials that
Member has accessed from a web site without the prior express written
authorization from the web site owner.
14.11
Member agrees not to make any other unauthorized use of any Materials
that Member has accessed from a web site without the prior express
written authorization from the web site owner.
15. Membership to the Service may be
terminated at any time, and without cause, by either Company or the
Member upon notification of the other by electronic or conventional
mail, or by telephone, fax or by filling out the Company’s
cancellation request form and sending it to Company. When
a Member requests termination, membership fees are NOT refunded. You
agree to be personally liable for all charges incurred by You during
or through the use of the CyberAge membership. Your liability for all
charges incurred during Your membership term shall continue after
termination, for any reason, of Your membership.
16.
Members are responsible for providing all personal computer and
communications equipment necessary to gain access to the web sites.
Access to and use of the web site is through the use of a unique
CyberAge ID. Each Member must keep his CyberAge ID strictly
confidential. Sharing Your unique CyberAge ID with another
individual is strictly prohibited and shall entitle the Company to
immediately terminate your membership without notice or reimbursement
of any kind.
17.
All Platinum, and all Free Trial Platinum Memberships; Cancellation;
Conversion To Full Membership. By accepting the Platinum trial
membership to the Service and by accepting the CyberAge Platinum ID
you agree to the following terms and conditions:
17.1
Your Platinum membership will provide you with a CyberAge ID that
will give You free access to Platinum web sites during the trial
period. However, if you do not cancel your free trial
membership within the trial period, your trial Platinum membership
will be converted to a monthly Platinum pay membership.
17.2
All Platinum,and free Platinum trial-offer members will be E-mailed a
notification providing that the trial-offer member may click on a
link to cancel his or her trial membership a platinum member may also
cancel their membership by going to
http://www.CyberAge.com/cams/cancelplat. Upon such cancellation
within the trial period, a Platinum trial-offer member shall not be
charged. However, if the trial-offer member fails to cancel his or
her trial Platinum membership within the trial period, as provided,
the trial membership will automatically convert to a one-month
Platinum Membership at the end of the Trial Period, plus a free
two-week grace period, billable at the rate of $24.95 per month, or
the then–applicable rate.
17.3
To be valid, a cancellation of the Platinum membership, and the Trial
Platinum membership must be received by Company no later than 12.01AM
of the day following the last full day of the two-week Trial Period.
17.4
Absent such timely notice, all members who have accepted the trial
memberships shall be charged a monthly membership fee at the then
standard monthly Platinum subscription rate and their monthly
memberships will automatically renew on a monthly basis until
cancelled.
17.5
One Year and Two Year Memberships will automatically renew,
upon the terms and conditions effective as of the anniversary date of
the renewal period, To be valid, a cancellation of the One Year or
Two Year Membership, Member must contact CyberAge
(http://www.CyberAge.com/email.html) By E-mail at least within 7 days
prior to renewal date. Member authorizes TTI Inc. to charge renewal
to credit card originally provided at the new rate of membership.
18.
INAPPROPRIATE USE OF CHAT, PERSONALS SECTION OR PUBLIC AREAS.
If Company enables You to share information with other persons,
including without limitation other Program Participants through the
use of Chat rooms, Personals section, or other means of communication
(hereafter “Public Areas”) on any Company Website, You
agree and warrant that You shall not submit, publish, or display any
material which is infringing, defamatory, libelous or otherwise
unlawful, or any material deemed obscene, lewd, excessively violent,
harassing or otherwise objectionable. You further agree to
indemnify Company and its officers, directors, employees and
representatives for any claims or suits arising from your use of
Public Areas in violation of this agreement and warranty.
18.1
Although Company does not assume the duty or obligation to monitor
any messages or other materials posted or uploaded on the Public
Areas of any Company Website by third parties, including You, Company
reserves the right, in its sole and absolute discretion, but is not
obligated to monitor any and all materials posted or uploaded by
third parties, including You, at any time without prior notice to
ensure that they conform to any content guidelines or policies
relating to the Public Areas of any of Company’s Website which
may be applicable from time to time.
18.2
Although Company does not assume the duty or obligation to monitor
any messages or other materials posted or uploaded to the Public
Areas of any Company Website by third parties, including You, and is
not responsible for any content of these materials, Company reserves
the right, in its sole and absolute discretion, but is not obligated,
to delete, move, or edit messages or materials, including without
limitation advertisements and public postings, without notice, that
Company, in its sole discretion, deems to violate the Code of Conduct
of the Public Areas or any applicable content guidelines
adopted from time to time relating to the Public Areas, or to be
otherwise unacceptable.
18.3
You acknowledge and agree that You shall remain solely responsible
for the content of messages and other materials You may upload to the
Public Areas or to users of the Public Areas of any Company Website
and that Company may, in its sole discretion, terminate or suspend
Your access to all or part of the Public Areas at any time, with or
without notice, for any reason, including, without limitation, breach
of this Agreement. Without limiting the generality of the foregoing,
any fraudulent, abusive, or otherwise illegal activity may be grounds
for termination of Your access to all or part of the Public Areas at
Company’s sole discretion, and You may be referred to
appropriate law enforcement agencies.
19.
COMPANY DISCLAIMER REGARDING USE OF PUBLIC AREAS. You
acknowledge that You understand that Company is not responsible for,
nor can it control, the use by others of any information which You
provide to them through the Public Areas, or otherwise, and that You
have been advised that You should use caution in selecting the
personal information You provide to others through the Public Areas;
19.1
You acknowledge that You understand that Company cannot ensure nor
does it make any representations or warranties regarding the security
or privacy of information that You voluntarily provide through the
Internet and Your email messages, and therefore that You release
Company, its officers, directors, employees and representatives from
any and all liability in connection with the use or misuse of such
information by other parties;
19.2
You further acknowledge that You understand that Company does not
control the content of any information, messages, communication or
other materials posted or uploaded by users of the Public Areas of
any of Company’s Website and that Company does not guarantee or
vouch for the accuracy or truthfulness of any messages,
communication, information or content of any kind which has been
posted, uploaded or provided by other users of the Public Areas.
Consequently You agree to release Company, its officers, directors,
employees and representatives from any and all liability and
responsibility in connection with the content of any information,
messages, communication or other materials You may receive from other
users of the Public Areas.
20.
COMMUNICATIONS IN PUBLIC AREAS NOT PRIVATE. You further
acknowledge and agree that all messages or content posted by You or
others in any Public Areas of Company’s Website shall be deemed
to be readily accessible to the general public and consequently
should not be considered private or confidential. Consequently, You
should not use the Public Areas for any communication that You intend
only You and the intended recipient(s) to read. Notice is hereby
given that all messages entered into the Public Areas can and may be
read by Company, its employees and representatives, whether or not
they are the intended recipient(s).
21.
COMPANY’S DISCLAIMER REGARDING USE OF THE PERSONALS SECTION OF
COMPANY’S WEBSITE. You acknowledge and agree that Company
shall not be responsible or liable to You in any way for any damage
or injury which you may sustain, including without limitation any
physical damage or injury of any kind, from any communication,
contact or meeting, whether in person, by telephone, email or by or
through any other means, resulting directly or indirectly from any
material or information which you have submitted to Company for
posting on any of Company’s Websites, or from a personal ad
placed or responded to, or from messages or communications sent or
received by You or other persons through Company’s Website, or
by or through any other use, directly or indirectly, of the Website.
21.1
You further acknowledge and agree that Company and the Website does
not screen any Members or other users of the Website, has no control
over their actions and makes no representations or warranties
whatsoever with respect to the character, safety, identity, veracity,
age, health or any other attribute of Members or other users of the
Website;
21.2
You further acknowledge and agree that the Company and the Website
does not endorse, encourage, recommend, promote or arrange
communications or meetings among or between Members or other users of
the Website, or any other persons, and You are expected to use common
sense and take appropriate measures and precautions to insure Your
own personal safety and privacy in the event that You unilaterally
choose to communicate with, or meet with any person with whom You
have communicated with or encountered, either directly or indirectly
through the use of the public areas or Personals area of Company’s
Website, or through personal ads or other Works posted on the
Website. Consequently You agree to release Company, its officers,
directors, employees and representatives from any and all liability
and responsibility in connection with the content of any information,
messages, communications you may receive from other users of the
Personals section of Company’s Website, or from any contact,
encounter or meeting with any person or persons directly or
indirectly resulting from or related to Your use of the Personals
section of Company’s Website.
22.
Disclaimer And Limitations On Company’s Liability. The
Materials on the web sites utilizing CyberAge and all services
provided to You by Company are provided on an "AS IS" basis
without any express or implied warranty of any kind. No
warranty is made by Company, or should be implied, regarding any
information, services, Materials or products provided by Company, and
Company hereby expressly disclaims any and all warranties, including
without limitation: any warranties as to the availability, accuracy,
or content of Materials, information, products, or services web
sites; any warranties of merchantability or fitness for a
particular purpose and non-infringement. 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.
22.1
Company does not guaranty or warrant the compatibility of the
Member’s equipment, computer or software, including but not
limited to, the type of computer, computer configuration, browser
software, other software, or online service.
22.2
In the event that the Company, its owners, officers, employees or
agents, are found liable for any failure to perform, error, omission,
interruption, defect delay in operation or transmission,
communications line failure or under any other cause or action, said
liability shall be strictly limited to the amount of membership fee
paid by or on behalf of the Member 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.
22.3
Under no circumstances and under no cause of action or legal theory,
shall Company, its suppliers, licensees, resellers, or other Members,
or their suppliers, licensees, resellers or Members be liable to You
or any other person for any indirect, special, incidental, punitive
or consequential damages of any character including, without
limitation, damages for loss goodwill, work stoppage, computer
failure or malfunction, any interruption in service or inability of
Member to access participating web sites due to technical
difficulties or failure of the internet, world wide web, phone lines,
switching or any other causes beyond its control, or any and all
other commercial damages resulting from accessing, viewing or using
any use of Materials of a participating web site even if, in any such
case, Company has been advised of the possibility of such damages.
22.4
Company shall in no event be liable to YOU or any third party for any
loss resulting from any failure to perform its obligations under this
Agreement because of acts of God, nature, any government agency(ies),
war, civil disturbance, labor disputes or shortages, electrical or
mechanical breakdowns, inability or refusal of a common carrier to
provide communications capabilities, or any other cause beyond
Company’s direct control, including but not limited to, the
issuance of an injunction or seizure order by a court of competent
jurisdiction prohibiting Company from carrying on its day-to-day
operations as contemplated under this Agreement or an order by any
regulatory, administrative, judicial or legislative body, which shall
temporarily suspend or permanently terminate Company’s ability
to provide YOU with services pursuant to this Agreement.
24.
You agree that as a Member you shall not, under any circumstances,
have the right to transfer or assign your CyberAge membership or
membership ID to any other person or entity, and that any attempted
transfer or assignment of a membership ID shall be void and shall
constitute a material breach of these Terms and Conditions on Your
part. Your further agree that the Company, may at any time at
its sole discretion and without prior notice to you, transfer or
assign Your membership and any or all of its rights and/or
obligations hereunder in its free, sole, and unfettered discretion at
any time, to an affiliated or non-affiliated Company.
25.
This Agreement is not for the benefit of any third party, and shall
not be deemed to grant any right or remedy to any third party whether
or not referred to in this Agreement.
26.
Governing Law; Arbitration; Jurisdiction And Venue. This
Agreement shall be governed by and construed under the laws and
judicial decisions 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.
26.1
Any and all disputes as to the interpretation of or any performance
under this Agreement which are not first resolved informally, shall
be determined by binding arbitration in Los Angeles, California, in
accordance with the rules of the American Arbitration Association.
The final award in any such arbitration proceeding shall be subject
to entry as a judgment by any court of competent jurisdiction,
provided that such judgment does not conflict with the terms and
provisions hereof. The jurisdiction of the arbiter (or arbiters) with
respect to legal matters shall be limited only by the statutory and
common law of the State of California and the United States.
26.2
Nothing in this paragraph shall preclude either party from seeking
and obtaining any injunctive relief or other provisional remedy
available in a court of law, including, specifically, Company’s
right to prejudgment attachment and expedited discovery. In addition
to the foregoing, the parties hereto hereby agree that as part of the
consideration for this Agreement, they waive the right to a trial by
jury for any dispute arising between them that is in any way related
to the subject matter of this Agreement, provided that the
arbitration provisions of this paragraph are waived or are otherwise
inapplicable. Should any legal fees, costs, or other expenses be
incurred by any party to enforce this arbitration and jury waiver
provision, the prevailing party shall be entitled to recover such
legal fees, costs, or other expenses without regard to whether such
party prevails in the underlying case.
26.3
Notwithstanding the foregoing, if for any reason any matter or
dispute arising under this Agreement is not resolved by binding
Arbitration, or if any of the proceedings or decisions of the
Arbitration must be enforced by a court of competent jurisdiction,
Member agrees that in case of any litigation regarding this Agreement
or the various subject matters hereof, that the venue for such
litigation shall be, depending on by the subject matter of the
dispute, either the Municipal Court of Los Angeles, California,
the Superior Court of the County of Los Angeles, or the United
States District Court for the Central District of California, Western
Division. Member hereby consents and stipulates to the jurisdiction
of the Courts of the State of California and the United States
District Court, Central District of California, Western Division.
27.
All notices, payments, statements or other documents that any party
to this Agreement is required to or elects to give to the other party
hereto will be in writing and will be delivered in one of the
following ways: (a) by personal delivery; (b) by addressing the
notice to Company at 300 W. Colorado Blvd.,Pasadena, Ca. 91105, and to
YOU at the address YOU have supplied to Company in Your Application
and depositing the same registered or certified mail, postage
prepaid, in the United States mail; (c) by Federal Express; (d) by
facsimile transmission; or (e) by E-mail and transmission by first
class U.S. mail. In addition, Company may make change to these Terms
and Conditions by posting notice of such change on the front page of
its web site located at http://www.CyberAge.com/stdterms.html,
such notice, statement or other document so delivered, except as this
Agreement expressly provides otherwise, shall be conclusively deemed
to have been given when actually received (personal delivery, Federal
Express, facsimile transmission or Email), or three (3) business days
after.
28.
In case any one or more of the provisions contained in this Agreement
shall for any reason be held to be invalid, illegal or unenforceable
in any respect, such invalidity, illegality or unenforceability shall
not affect any other provision hereof, and this Agreement shall be
construed as if such invalid, illegal or unenforceable
provision(s) had never been included.
29.
The invalidity or unenforceability of any provision of this Agreement
shall not affect the validity or enforceability of any other
provision.
30.
For purposes of construction, this Agreement shall be deemed to have
been drafted by both Licensor and Licensee.
31.
A waiver by either party of any term or condition of this Agreement
in any one instance shall not be deemed or construed to be a waiver
of such term or condition for any similar instance in the future of
any subsequent breach hereof. All rights, remedies,
undertakings, obligations and agreements contained in this Agreement
shall be cumulative and none of them shall be a limitation of any
other remedy, right, undertaking, obligation, or agreement.
32.
If suit, action or arbitration is brought to enforce or interpret any
provision of this Agreement, or the rights or obligations of any
party hereto as they relate to the subject matter of this Agreement,
the prevailing party shall be entitled to recover, as an element of
such party’s costs of suit, and not as damages, all reasonable
costs and expenses incurred or sustained by such prevailing party in
connection with such suit or action or arbitration, including,
without limitation, attorneys’ fees and expenses and court
costs.
33.
This Agreement constitutes the entire agreement of the parties with
respect to the subject matter hereof, and supersedes and cancels all
other prior agreements, discussion, or representations, whether
written or oral. No officer, employee or representative of Company or
You has any authority to make any representation or promise in
connection with this Agreement or the subject matter thereof which is
not contained expressly in this Agreement; and, Company and You
hereby acknowledge and agree that neither Company nor You have
entered into this Agreement in reliance upon any such representation
or promise.
34.
No modification of this Agreement, in whole or in part, shall be
enforceable unless reduced to writing and signed by duly authorized
representatives of the parties hereto.
TOP
TOP
Privacy
Statement for CYBERAGE.COM PERSONALS
Privacy
Statement for CYBERAGE.COM PERSONALS
NOTICE:
All use of the CyberAge.com Personals is strictly governed by the
CyberAge.com terms and conditions. If you have any questions
regarding the Company’s policies, duties and limitations of
liability regarding use of the Personals, you should review the
CyberAge.com terms and conditions at the following link: Click
Here.
CyberAge.com
has created this privacy statement in order to demonstrate our firm
commitment to privacy. The following discloses our
information-gathering and dissemination practices for this site.
Our
site occasionally uses an order form for customers to request
information, products and services. We collect visitors' contact
information (like their email address) or credit card numbers).
Contact information from the order form is used to send orders,
information about our company and promotional material from some of
our partners to our customers. The customer's contact information is
also used to get in touch with the visitor when necessary. Users can
remove their entry from the personals by sending an email to
personals@cyberage.com.
Contact
information provided on the main personals submission page will not
be made available to other visitors or members. You will be contacted
by a visitor responding to the ID in your AD. We will then forward
that response to your email account. This will insure the protection
of your privacy by preventing visitors from having you direct contact
information. If you enter contact information in the Private Info
area, this information will be made available for viewing by other
Cyberage members. This could result in You being contacted directly
and not through our forwarding service. Any issues of harassment
should be reported immediately to the personals webmaster at
personals@cyberage.com.
From
time to time, products and services that may be of value to you will
be offered by third parties interested in your business.
Cyberage.com contains links to other related World Wide Web Internet
sites, resources and sponsors of Cyberage.com. Selection of an ad
banner or link redirects User off of Cyberage.com to a third party
website. Transactions that occur between the User and the third party
are strictly between the User and the third party and are not the
responsibility of Cyberage.com. Because Cyberage.com is not
responsible for the availability of these outside resources or their
privacy policy or content, User should direct any concerns to the
third-party website administrator or Webmaster.
TOP
CYBERAGE.COM
JOKE OF THE DAY CONTEST OFFICIAL RULES
PLEASE
NOTE: THIS CONTEST IS ONLY OPEN TO LEGAL RESIDENTS OF THE UNITED
STATES AND CANADA (EXCEPT FOR PUERTO RICO AND THE PROVINCE OF
QUEBEC), AND IS VOID IN ALL OTHER JURISDICTIONS AND WHEREVER
PROHIBITED BY FEDERAL, STATE, PROVINCIAL, MUNICIPAL OR LOCAL LAW.
No
Purchase Necessary to Participate or Win
ELIGIBILITY:
This contest is open only to legal residents of the United States and
Canada (excluding Puerto Rico and the province of Quebec) (the
"Eligibility Area"), 18 years of age or older at time of
entry who, prior to the Start Date, have an Internet or online
service provider account in good standing with either free Internet
access or a flat-monthly fee structure. Employees and their immediate
families, including household members, of Tri-Tech Internet Services,
Inc. and cyberage.com ("Sponsor"), their parents,
affiliates, subsidiaries, divisions, advertising and promotion
agencies are not eligible.
HOW
TO ENTER: No purchase and no online
entry necessary to be eligible for this contest. To enter, access the
official entry form that is located at http://www.cyberage.com . If
you choose not to fill out our on-line form, you can enter via postal
mail by sending us your Joke to:
300 W. Colorado Blvd.,Pasadena,
Ca. 91105 with your first and last name, address, and
telephone number. If you choose to enter via postal mail, your name
and mailing address will not be utilized for the purpose of direct
mail or phone solicitation, nor will your information be provided to
3rd parties for this purpose. LIMIT ONE ENTRY PER PERSON, REGARDLESS
OF MEANS OF ENTRY. Multiple entries will be disqualified. Only one
entry per person. Entries must be made within the Eligibility Area
and received by Sponsor within the Entry Period. Entries that do not
comply with these Official Rules in all respects are ineligible and
void.
CONDITIONS
OF ENTRY: If you choose to enter via web
site, you must be the Registered and Authorized Holder of the E-mail
Account through which the entry is made. For purposes of this
contest, a "Registered and Authorized Holder of the E-mail
Account" is defined as the natural person who is assigned to an
e-mail address by an Internet service provider, online service
provider or other entity (e.g., business, educational institution,
etc.) that is responsible for assigning e-mail addresses for the
secondary level domain name associated with the submitted e-mail
address. Entries must be made by an individual from a single computer
and may not be made by proxy, or electronic means such as script,
bot, macro or any other similar software or program. All entries
become the property of Sponsor. By participating, entrants agree to
these Official Rules, including all eligibility requirements. By
entering this contest, you consent to Sponsor's use of your name for
promotional purposes, including online announcements, without
additional compensation, except where prohibited by law. Neither
Sponsor, their parents, nor their respective affiliates,
subsidiaries, divisions, advertising and promotion agencies, or any
telephone network or service providers are responsible for incorrect
or inaccurate transcription of entry information, or for any human
error, technical malfunctions, lost/delayed data transmission,
omission, interruption, deletion, defect, line failures of any
telephone network, computer equipment, software, inability to access
any Web site or online service, or any other error or malfunction, or
late, lost, misdirected, illegible entries.
PRIZES:
The Grand Prize consists of a $100.00 cash reward.
ODDS
OF WINNING: The odds of winning a listed prize is 1 out of 200.
WINNER
SELECTION:Prize winner(s) will be
determined on the basis of a random drawing. The draw will be
conducted daily. All winner selection procedures shall be conducted
by Sponsor whose decisions are final with respect to all aspects of
the contest.
NOTIFICATION:
Winner will be notified via email, U.S. mail and/or telephone. If an
email address is not provided, winner will be contacted via U.S. mail
and/or telephone and/or by overnight courier.
GENERAL:
This contest is subject to all federal, state, and local laws. Void
where prohibited. The winners agree that Sponsor, their respective
parents, affiliates and their agents and employees shall not be
liable for injury, loss or damage of any kind resulting from
participating in this contest or from the acceptance or use of any
prize awarded. Sponsor reserves the right to verify eligibility
qualifications of any winner. U.S. law of the State of California
governs this contest. If, in Sponsor's sole opinion, there is any
suspected or actual evidence of electronic or non-electronic
tampering with any portion of this contest, any violation of these
Official Rules, or if technical difficulties compromise the integrity
of the contest, Sponsor reserves the right to terminate the contest
and conduct a random drawing to award the prizes or none of them,
using all entries received as of the End Date. Any attempt to damage
the content or operation of this contest is unlawful and subject to
legal action by Sponsor or their agents.
TOP
CYBERAGE.COM
NEWSLETTER CONTEST OFFICIAL RULES
The
CYBERAGE.COM NEWSLETTER CONTEST (hereafter “Contest”) is
sponsored by CyberAge.com and Tri-Tech Internet, Inc. (hereafter
“Sponsor”).
BY
PARTICIPATING IN THE CONTEST, YOU (HEREAFTER “YOU” OR
“CONTESTANT”) FULLY AND UNCONDITIONALLY AGREE TO ACCEPT
AND BE BOUND BY THESE OFFICIAL TERMS AND CONDITIONS OF THE CONTEST
AND BY ALL DECISIONS OF PROMOTER, WHICH DECISIONS SHALL BE FINAL AND
BINDING IN ALL RESPECTS. THESE TERMS AND CONDITIONS ALSO
CONSTITUTE THE RULES AND REGULATIONS GOVERNING THE CONTEST. ALL
FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY.
PLEASE NOTE: THIS CONTEST IS ONLY OPEN TO LEGAL RESIDENTS OF THE
UNITED STATES AND CANADA (EXCEPT FOR PUERTO RICO AND THE PROVINCE OF
QUEBEC), AND IS VOID IN ALL OTHER JURISDICTIONS AND WHEREVER
PROHIBITED BY FEDERAL, STATE, PROVINCIAL, MUNICIPAL OR LOCAL LAW.
No
Purchase Necessary to Participate or Win.
1.
THE CONTEST
This
is a Contest in which one of the Contestants will be randomly
selected as the Winner and will receive a prize of $5,000.00.
No purchase is necessary to participant in the Contest or to Win the
Contest, however the Contest is only open to individuals who met the
eligibility standards as set forth in these Official Rules.
This Contest will be conducted once a Month by the Sponsor or until
Sponsor terminates this Contest.
2.
THE METHOD OF SELECTION OF THE WINNER
The
Contest winner will be determined on the basis of a random drawing
from a pool consisting of all legitimate and eligible Contestants of
the given Contest. The random draw to select the Contest
winner will be conducted once a Month by the Sponsor. The
procedures used for the random draw and the selection process will be
determined in the sole and exclusive discretion of the Sponsor and
all decisions of the Sponsor shall be final and conclusive with
respect to all aspects of the Contest including all selection
procedures.
3.
THE GRAND PRIZE.
The
Winner of the Contest will be awarded a grand prize of $5,000.00.
At the option of the Sponsor, the Winner’s name and photograph
will be displayed on the CyberAge.com website if they wish.
4.
ELIGIBILITY STANDARDS
This
Contest is open only to legal residents of the United States and
Canada (excluding Puerto Rico and the province of Quebec) (the
"Eligibility Area"), 18 years of age or older at time of
entry who, prior to the Start Date, have an Internet or online
service provider account in good standing with either free Internet
access or a flat-monthly fee structure. Employees and their immediate
families, including household members, of Tri-Tech Internet Services,
Inc. and cyberage.com, their parents, affiliates, subsidiaries,
divisions, advertising and promotion agencies are not eligible.
5.
HOW TO ENTER
No
purchase necessary to be eligible for this Contest. To enter, access
and complete the official entry form that is located at
http://www.cyberage.com. If you choose not to fill out our on-line
form, you can enter via postal mail by sending us your completed
entry form to: 300 W. Colorado Blvd.,Pasadena, Ca. 91105 with your
first and last name, address, telephone number and email address.
If you choose to enter via postal mail, your name and mailing address
will not be utilized for the purpose of direct mail or phone
solicitation, nor will your information be provided to 3rd parties
for this purpose.
6.
LIMIT ONE ENTRY PER PERSON, REGARDLESS OF MEANS OF ENTRY.
Multiple
entries will be disqualified. Only one entry per person shall be
permitted. Entries must be made within the Eligibility Area and
received by Sponsor within the Entry Period. Entries that do not
comply with these Official Rules in all respects are ineligible and
void.
7.
CONDITIONS OF ENTRY.
7.1
To qualify for a prize you must consent and agree to permit Sponsor
to email you the CyberAge.com NEWSLETTER at your designated email
address on a recurring basis and without need to further notify you
or seek any further permission from you.
7.2
If you choose to enter the Contest via web site, you must be the
Registered and Authorized Holder of the E-mail Account through which
the entry is made. For purposes of this Contest, a "Registered
and Authorized Holder of the E-mail Account" is defined as the
natural person who is assigned to an e-mail address by an Internet
service provider, online service provider or other entity (e.g.,
business, educational institution, etc.) that is responsible for
assigning e-mail addresses for the secondary level domain name
associated with the submitted e-mail address.
7.3
Entries must be made by an individual from a single computer and may
not be made by proxy, or electronic means such as script, bot, macro
or any other similar software or program.
7.4
All entries shall become the property of Sponsor.
7.5
By participating, Contestants agree to these Official Rules,
including all eligibility requirements.
7.6
By entering this Contest, you consent to Sponsor's use of your first
name only for promotional purposes, including online announcements,
without additional compensation, except where prohibited by law.
7.7
Neither Sponsor, their parents, nor their respective affiliates,
subsidiaries, divisions, advertising and promotion agencies, or any
telephone network or service providers shall be responsible for
incorrect or inaccurate transcription of entry information, or for
any human error, technical malfunctions, lost/delayed data
transmission, omission, interruption, deletion, defect, line failures
of any telephone network, computer equipment, software, inability to
access any Web site or online service, or any other error or
malfunction, or late, lost, misdirected, illegible entries.
7.8
Any misrepresentation of any facts by the Contestant shall result in
the disqualification of the Contestant and shall make that Contestant
ineligible to receive any prize.
7.9
Any winning Contestant must, if so requested by Sponsor, complete
and/or execute and return an Affidavit of Eligibility and a
Liability/Publicity Release within a period of time dictated by
Sponsor. All prizes awarded in connection with the Contest are
nontransferable and non-endorsable.
7.10
Sponsor shall have the right to use and disclose any information
provided to Sponsor by Contestant in connection with this Contest.
Contestant hereby agrees that Sponsor’s use and disclosure of
such information, and the Submission, does not infringe the right of
publicity or privacy of any person, including You the Contestant.
7.11
All taxes (including, without limitation, federal, state, and local
taxes), if any, on or connected with any prize and the reporting
consequences thereof, are the sole and exclusive responsibility of
respective winners.
7.12
Sponsor retains the absolute right, in its sole and exclusive
discretion, to terminate or discontinue this Contest at anytime, for
any reason or no reason at all.
7.13
If, in Sponsor's sole opinion, there is any suspected or actual
evidence of electronic or non-electronic tampering with any portion
of this Contest, any violation of these Official Rules, or if
technical difficulties compromise the integrity of the Contest,
Sponsor reserves the right to terminate the Contest and conduct a
random drawing to award the prizes or none of them, using all entries
received as of the End Date.
8.
ODDS OF WINNING
Since
the winner will be drawn at random out of the total number of legal
entries, there is no way of determining what the odds of winning are
in advance. The actual odds will be one out of the total number
of legal entries.
9. NOTIFICATION
Winner
will be notified via email, U.S. mail and/or telephone. If an email
address is not provided, winner will be contacted via U.S. mail
and/or telephone and/or by overnight courier.
10.
CONTESTANT’S CONSENT TO RECEIVE CYBERAGE.COM NEWSLETTER.
You
understand and acknowledge that by your act of entering this Contest
you agree and consent, without any qualifications, to permit Sponsor
to email you the CyberAge.com NEWSLETTER at your designated email
address on a recurring basis and without need to further notify you
or seek any further permission from you.
11.
DISCLAIMER AND LIMITATION OF LIABILITY.
Sponsor
make no warranties, and hereby disclaims any and all warranties,
express or implied, concerning any prize (including, without
limitation, the Grand Prize) furnished in connection with the
Contest. The Sponsor shall not be responsible or liable for any
incorrect or inaccurate information, reviews, Ratings, or other
materials, whether caused or created by Site users, by tampering or
"hacking," or by any of the equipment or programming
associated with or utilized as part of the Site or the Contest, and
assumes no responsibility for any error, omission, interruption,
deletion, defect, delay in operation or transmission, communications
line failure, theft, destruction, or unauthorized access to the
Website. Although Sponsor attempts to ensure the integrity of the
Contest, Sponsor is not responsible for the actions of Contestants in
connection with the Contest, including Contestants' attempts to
circumvent the Official Terms and Conditions or otherwise interfere
with the administration, security, fairness, integrity, or proper
conduct of the Contest.
11.1
Sponsor is not responsible for injury or damage to Contestant’s
or to any other person's computer, other equipment, or person related
to or resulting from participation in the Contest, or downloading
materials from or using the Site.
11.2
If, for any reason, the Contest is not capable of running as planned
by reason of damage by computer virus, worms, bugs, tampering,
unauthorized intervention, fraud, technical limitations or failures,
strikes, industry conditions, marketplace demands, or any other
causes which, in the sole opinion of Sponsor, could corrupt,
compromise, undermine, or otherwise affect the administration,
security, fairness, integrity, viability, or proper conduct of the
Contest, Sponsor reserves the right in its sole and absolute
discretion to modify these Official Terms and Conditions and/or to
cancel, terminate, modify, or suspend the Contest.
11.3
If, in Sponsor's sole opinion, there is any suspected or actual
evidence of electronic or non-electronic tampering with any portion
of this Contest, any violation of these Official Rules, or if
technical difficulties compromise the integrity of the Contest,
Sponsor reserves the right to terminate the Contest and conduct a
random drawing to award the prizes or none of them, using all entries
received as of the End Date. Any attempt to damage the content or
operation of this Contest is unlawful and subject to legal action by
Sponsor or their agents.
11.4
Sponsor retains the absolute right, in its sole and exclusive
discretion, to terminate or discontinue this Contest at anytime, for
any reason or no reason at all.
11.5
IN NO EVENT WILL THE SPONSOR, ITS OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS OR REPRESENTATITVES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES
OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF YOUR
ACCESS TO AND USE OF THE SITE, THE DOWNLOADING FROM AND/OR PRINTING
MATERIAL DOWNLOADED FROM THE SITE, SPONSOR'S REMOVAL FROM THE SITE
OF, OR DISCONTINUATION OF ACCESS TO, ANY SUBMISSION OR OTHER
MATERIAL, OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE, OR ANY HARM
RESULTING FROM THE ACCEPTANCE, POSSESSION, USE, OR MISUSE, OF ANY
PRIZE AWARDED IN CONNECTION WITH THE CONTEST. WITHOUT LIMITING THE
FOREGOING, THE CONTEST AND ALL MATERIALS PROVIDED ON OR THROUGH THE
SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT.
11.6
Liability Release and Indemnification by Contestant. BY
ENTERING THE CONTEST, ENTRANTS RELEASE AND HOLD THE SPONSOR, ITS
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATITVES HARMLESS
FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND
ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR
INDIRECTLY, FROM THE CONTEST OR PARTICIPATION IN ANY CONTEST-RELATED
ACTIVITY (INCLUDING, WITHOUT LIMITATION, THE REMOVAL FROM THE SITE
OF, OR DISCONTINUATION OF ACCESS TO, ANY SUBMISSION OR OTHER
MATERIAL), OR RESULTING DIRECTLY OR INDIRECTLY FROM ACCEPTANCE,
POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH
THE CONTEST, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH,
AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS,
DEFAMATION, AND/OR INVASION OF PRIVACY.
12.
ARBITRATION
12.1
In the event of any dispute arising out of or in connection with
these Official Terms and Conditions or the Contest, regardless of the
number or identity of defendant(s) or plaintiff(s), such dispute
shall be submitted to arbitration in the County of Los Angeles, State
of California, in accordance with the rules and regulations of the
American Arbitration Association then in effect (as amended herein),
provided that said arbitration shall be heard before a single
arbitrator, selected pursuant to such rules and regulations, and
shall be conducted on an expedited basis and in confidence.
12.2
Each party hereby waives any and all rights and benefits which it
might otherwise have or be entitled to under federal law or the laws
of California or any other state to litigate any such dispute in
court, it being the intention of the parties to arbitrate, according
to the provisions of these Official Terms and Conditions, all such
disputes. The arbitrator's decision shall be controlled by the terms
and conditions of these Official Terms and Conditions, and any other
agreements you may enter into with Promoter in connection with the
Contest, and shall be final and binding, and shall provide for each
party to bear its own costs of arbitration and attorneys' fees. EACH
PARTY EXPRESSLY WAIVES ANY RIGHT TO A JURY.
12.3
If either party shall fail to appear at the hearing on the date
designated in accordance with the rules of the American Arbitration
Association, or shall otherwise fail to participate in the
arbitration proceeding, the arbitrator is hereby empowered to proceed
ex parte. In the event of any dispute concerning these Official Terms
and Conditions, or any other agreement between you and Promoter in
connection with the Contest, your sole and exclusive remedy shall be
to seek damages pursuant to an arbitration authorized by this
Section, and in no event will you be entitled to seek injunctive or
other equitable relief. If you do not agree to these requirements (or
any other provision herein), do not participate in the Contest.
13.
GOVERNING LAW
The
Contest and these Official Terms and Conditions are governed by and
shall be construed in accordance with the laws of the State of
California, United States of America, without regards to its
principles of conflicts of law. For any dispute not subject to
arbitration according to the provisions of these Contest Terms and
Conditions, entrant agrees to personal jurisdiction by the federal
and state courts located in the County of Los Angeles, California,
United States of America, and waives any jurisdictional, venue, or
inconvenient forum objections to such courts. Further, in any such
dispute, under no circumstances will entrant be permitted to obtain
awards for, and hereby irrevocably waives all rights to claim,
punitive, incidental, or consequential damages, or any other damages,
including attorneys' fees, other than participant's actual
out-of-pocket expenses (i.e., costs associated with participating in
the Contest), and Contestant further irrevocably waives all rights to
have damages multiplied or increased.
14.
BINDING EFFECT OF THESE OFFICIAL RULES
Contestant
understands and agrees that the terms and conditions and the release
of liability contained within these Official Rules will be binding
upon Contestant and Contestant’s heirs, executors, and
administrators. If there is any conflict between the Official Rules
as stated herein and as stated in any other document, including the
Entry Form, these Official Rules shall control and be deemed
conclusive and binding.
GENERAL:
This Contest is subject to all federal, state, and local laws. Void
where prohibited. The winners agree that Sponsor, their respective
parents, affiliates and their agents and employees shall not be
liable for injury, loss or damage of any kind resulting from
participating in this Contest or from the acceptance or use of any
prize awarded. Sponsor reserves the right to verify eligibility
qualifications of any winner. U.S. law of the State of California
governs this Contest. If, in Sponsor's sole opinion, there is any
suspected or actual evidence of electronic or non-electronic
tampering with any portion of this Contest, any violation of these
Official Rules, or if technical difficulties compromise the integrity
of the Contest, Sponsor reserves the right to terminate the Contest
and conduct a random drawing to award the prizes or none of them,
using all entries received as of the End Date. Any attempt to damage
the content or operation of this Contest is unlawful and subject to
legal action by Sponsor or their agents.
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Sender
Agreement
The
Greeting Card services are provided by Tri-Tech Internet, Inc.
(“Company”) through its website, CyberAge.com (“Company’s
website”) and are available only to persons over the age of
eighteen (18) years. If you are under the age of eighteen years
or if you wish to send a Greeting Card to any person under the age of
eighteen years your use of the Greeting Card is unauthorized and
prohibited by Company and may subject you to liability for copyright
and trademark infringement and other legal action.
All
Greeting Card materials are and at all times shall remain the
Company’s property exclusively. Use of any and all
Greeting Card services and materials available at Company’s
website is a privilege which may be revoked or terminated at any time
by Company or its authorized agents, assigns or representatives.
By using any of Company’s Greeting Card materials or services
you expressly and irrevocably agree that all use of such materials
and services shall at all times be subject to and expressly
conditioned upon your full compliance with all the following terms,
conditions, promises and warranties set forth in this agreement
(“Agreement”):
1.
You warrant that you are currently over the age of eighteen (18)
years.
2.
You acknowledge that materials available at or through Company’s
website constitute materials of a sexual nature which may include
nudity and semi-nudity of men and women, strong language and
depictions of sexual situations. You hereby agree that you are
not offended by these types of materials, do not consider these types
of materials to be indecent or harmful to you in any way and have
willfully sought out and desire to use Company’s materials and
services for your own personal entertainment.
3.
You acknowledge and agree that Company is an “internet service
provider” or an “interactive computer service” only
and will not exert editorial control of any kind over the content of
messages you compose for inclusion or association with materials
available at Company’s website and that you shall be
exclusively deemed the sole “information content provider”
of any Greeting Card that you send; and furthermore that you
shall be solely liable for any and all matter which you cause to be
included or associated with any such materials.
4.
You expressly authorize Company to deliver notice of a message
from you to the person and e-mail address you indicate and to deliver
the Greeting Card you have selected with your message to that person
subject to the terms and conditions required by Company for the
person to receive an Greeting Card message.
5.
You expressly agree that you will not to send any Greeting Card
or other materials made available to you at Company’s website
to any person who:
a.
is under the age of eighteen (18) years;
b.
has expressed a desire not to receive or is reasonably likely to be
offended or harmed by the receipt of matter of the type available at
or similar to matter available at Company’s website or of the
type, topic or nature of that which you may include in a personally
composed message section;
c.
has expressly requested that he or she not receive an Greeting Card
or any other messages or materials from Company’s website; or
d.
is a person who is not personally known to you.
6.
You agree not to include in any personal message or other
communication included in or accompanying any Greeting Card or use of
services provided to you at Company’s website:
a.
any material which is defamatory, libelous, slanderous, scandalous,
hateful, harmful, obscene or lewd, or any material which is
harassing or which places any person or persons in a false light,
constitutes unfair competition or which violates any law, regulation,
rule or custom;
b.
any material which constitutes an infringement of any person’s
rights, including copyrights, trademark rights, rights of publicity,
personality or privacy or a misappropriation of any person’s
property rights of any kind;
c.
any unwanted overtures, inquiries, solicitations or communications of
any kind; or
d.
any solicitation or offer to perform any type of sex act in exchange
for money or anything of value.
7.
You agree that no use of services available at Company’s
website shall entitle you to acquire rights of any kind in any
materials available at Company’s website and that any messages
which you might create for inclusion or association with materials
available at Company’s website is by revocable license and
shall not entitle you to reproduce such materials except as a single
greeting card-type message subject to all the terms and conditions
herein. You agree that nothing in this Agreement and no
use of services or materials provided at Company’s website by
you shall constitute or be deemed to be a joint, collaborative or
commercial work or venture of any kind by or between you and Company
or any agents, assigns or representatives thereof.
8.
You agree that you may not sell or offer for sale any materials
available at, on, in or through Company’s website or any parts
thereof. You agree that materials available at, on, in, or
though Company’s website are strictly limited to use for your
private entertainment and no commercial use of any kind is authorized
or implied.
9.
You agree that your use of services available at Company’s
website is at all times nonexclusive and may be immediately
terminated at will, with or without cause or notice, at any time by
the Company, or its authorized agents, assigns or representatives.
10.
You acknowledge and agree that CyberAge.com and Tri-Tech Internet,
Inc. are trademarks of Tri-Tech Internet, Inc. All rights are
reserved. You agree not to use any of the aforementioned
trademarks or any materials available at, on, in or through Company’s
website except as expressly provided in this Agreement or otherwise
in writing by Company or its authorized agents, assigns or
representatives.
11.
You agree that Company shall not be liable to you or any other person
for failure to deliver or misdelivery of any Greeting Card messages,
other service offered at Company’s website. No express or
implied warranties of any kind, including, without limitation, any
warranties as to quality or timeliness of transmission of any
Greeting Card messages, are made to you regarding your use of
Company’s website.
12.
You hereby release and hold harmless Company and its authorized
officers, directors, employees, agents, assigns and representatives
from, and agree to fully indemnify them for, any and all liabilities,
losses, damages, costs and expenses, including attorney’s fees,
and all other consequences arising from any dispute, claim, action or
proceeding based upon or in any way relating to, resulting from or
associated with your sending of Greeting Card messages, other use of
Company’s website, or any breach or alleged breach of the
terms, conditions, warranties or promises set forth in this
Agreement. This release, agreement to hold harmless and
indemnification therefore, shall include, without limitation, any and
all liability for damages resulting from claims of defamation, libel,
slander, emotional distress, false light, invasion of privacy,
harrassment, violation of personal rights, infringement of
intellectual property rights, misappropriation, computer damage, data
damage, inconvenience and all other harms and injuries of every kind.
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