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Terms & Conditions of Use
Terms & Conditions of Use
User Agreement
B4WEB SL Network of Websites
Effective Date: October 16 2009
Last Revised: February 08 2011
I. Introduction:
B4WEB SL, Calle San Agustin 13 - 2º piso, oficina 4, Las Palmas de Grand Canaria, LAS35001 - Las Palmas, VAT: B76275502 (hereinafter "Ragazzeinvendita.com") operates the Ragazzeinvendita.com Network of Websites, an integrated network of online publications and social networking sites (collectively, the "Site" or "Sites").
This User Agreement (hereinafter "Agreement") sets forth the legally binding terms and conditions for your use of any of the Ragazzeinvendita.com websites or any services provided by Ragazzeinvendita.com.
II. Preliminary Provisions:
A. Party Definitions and Introductory Terms -
1. The operative parties referred to in this Agreement are as follows:
a. Us, the Publisher - Ragazzeinvendita.com is the publisher of a variety of websites including http://www.rivcams.com and those linked to the foregoing (individually and collectively, the "Site"). This Agreement governs Your access to, viewing or use of any website owned or operated by Ragazzeinvendita.com. Ragazzeinvendita.com provides access, through the Internet, to various electronically transmitted resources, which may include, but are not limited to, the Site, message boards, discussion forums, chat facilities, and file exchanges (individually and collectively, "Services"). Hereinafter, when first-person pronouns are used in this Agreement, (Us, We, Our, Ours, etc.) they are referring to Ragazzeinvendita.com.
b. You, the User -This Agreement will refer to the individual end-user of the Site and/or Services as "User" or "You" or through any second-person pronouns, such as "Your" or any derivation thereof.
2. Visitors v. Members and Users:
a. A "Visitor" is someone who merely views a Ragazzeinvendita.com website without registering with Ragazzeinvendita.com.
b. A "Member" is someone who views a Ragazzeinvendita.com website and has registered with Ragazzeinvendita.com.
c. A "User" refers to Visitors and Members collectively.
All Users must agree to be bound by all of the terms and conditions of this Agreement. This Agreement is a binding legal contract between You and the Publisher. You should treat it as any other legally binding contract by reading its provisions carefully, as they will affect Your legal rights. By viewing or using the Site or Services in any manner, You are affirmatively agreeing to be bound by all of the terms contained in this Agreement. You may not pick and choose which terms apply to You. If You do not agree with all of the terms in this Agreement, You must cease all viewing, access and use of the Site and any other Services provided by Ragazzeinvendita.com.
3. Consideration - Consideration for Your knowing agreement to all of the provisions in this Agreement has been provided to You in the form of allowing You to use Our Site and Our Services. You agree that such Consideration is adequate, good and valuable, and that it is received upon Your viewing or downloading any portion of any Ragazzeinvendita.com Site.
B. Electronic Signatures/Assent Required - NO ONE is authorized to access this Site unless they have signed this Agreement. Such signature does not need to be a physical signature, since this Agreement is intended to be governed by the United States Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §7001, et seq. (E-SIGN Act). You manifest Your agreement to this Agreement by taking any act demonstrating Your assent thereto. Most likely, You have clicked a button containing the words "I agree" or some similar syntax. You should understand that this has the same legal effect as You placing Your physical signature on any other legal contract.
If You fail to consent to all terms in this Agreement: Anyone who fails to consent to and adhere to all terms of this Agreement is an unauthorized User. No act or omission by Ragazzeinvendita.com should be interpreted as a waiver of the requirement that You assent to this Agreement. If You fail to do so, You are still bound by the terms of this Agreement by virtue of Your viewing the Site or using any portion of the Site or Ragazzeinvendita.com's services. However, if You fail to agree to all terms in this Agreement, in addition to monetary damages and other remedies available to Ragazzeinvendita.com, You agree to pay Ragazzeinvendita.com USD$1000.00 each time You access the Site as liquidated damages for unauthorized access and use, and You agree to pay all of Our costs and expenses, including Attorneys' fees incurred in collecting this unauthorized access fee from You.
C. Revisions to this Agreement -
1. You hereby agree that We have the unilateral and unequivocal right, but not the obligation, at any time, to revise all or any portion of this Agreement. You further agree that any such revised Agreement supersedes any prior version(s) and is a valid and binding agreement immediately upon posting, with or without notice to You. Thereafter, any prior version is of no continuing legal effect.
2. We agree that if We change anything in this Agreement, We will update the "Last Revised" date at the top of this Agreement. You agree to re-visit this web page on a weekly basis, and to use the "refresh" button on Your browser to determine whether changes have been made to this Agreement since the last time You read it. If the "Last Revised" date has changed, then You agree to immediately read the Agreement in its entirety, and if You do not agree to its terms and conditions, you shall immediately cease use of any of the Services and/or Site.
3. Waiver - if You fail to determine if the "Last Revised" date has changed, or to otherwise read and approve any revised terms or conditions of this Agreement, You assume all responsibility for such failure or omission and You agree that such failure or omission amounts to Your affirmative waiver of any defense or claim based upon Your right to review or agree to the Agreement
III. User Status & Ownership Rights:
A. Access and Limited License - All Users may access certain public areas of the Site. This Agreement covers all such public areas of the Site.
Subject to all of the terms of this Agreement, Ragazzeinvendita.com grants You a limited, non-exclusive, nontransferable personal license to access and use the Site and the Materials contained therein. "Materials" includes photographs, video, audio, audiovisual materials, textual, graphical and other materials available in, at, through, or in association with the Site, by Ragazzeinvendita.com or by one or more third-party providers pursuant to licensing or sub-licensing agreement(s) with Ragazzeinvendita.com. Ragazzeinvendita.com provides the Materials on this Site for the personal, private, non-commercial use by individual Users (including potential subscribers) who are granted a single copy license to view Materials (on a single computer only). Ragazzeinvendita.com reserves the right to limit the amount of Materials viewed. You agree to prevent any unauthorized copying of the Site or any of the Materials. Any unauthorized use of the Site or any of the Materials terminates this limited license effective immediately upon such unauthorized use. The license granted is not a conveyance or transfer of title. You will not copy or redistribute any of the Materials. Ragazzeinvendita.com reserves the right to terminate this license at any time whether or not You breach or violate any provision of this Agreement, in which case You will be obligated to immediately destroy any information or Materials You have downloaded, printed or otherwise copied from this Site. Violators of this limited license may be prosecuted to the fullest extent under applicable law.
B. Payment & Cancellation
We allow Members to view the files of other persons who are also Members. The cost for viewing these files is different and set by the applicable Member. The price and method of payment for the various services are constantly available on the Site and, later, at the time of the display and use of the services that the Member wishes to buy.
Purchased credits appear in the Member's account almost simultaneously with the validation of the credit card transaction, the cashing of the check or the end of the telephone communication on the Audiotel numbers provided for that purpose. The credits purchased may be spent within ninety (90) days from their purchase.
Purchase by credit card over the Internet, by telephone or bank wire transfer does not imply automatic renewal.
Members may cancel their account with Us at any time, however, unused credits will not be refunded under any circumstances.
IV. Special Considerations Regarding Minors:
Age of Majority - In order to view or otherwise use certain portions of the Site or any Services provided by Ragazzeinvendita.com, You must have attained the age of majority in Your jurisdiction. You represent and warrant You are at least eighteen (18) or twenty-one (21) years of age, depending on the age of majority in Your jurisdiction, and that You have the legal capacity to enter into this Agreement. If You are not at least eighteen (18) or twenty-one (21) years of age, depending on the age of majority in Your jurisdiction, You must exit the Site immediately and may not use or access the Site or print or download any Materials from the Site whatsoever.
A. You may be asked to verify Your birth date on the Birth Date Verifier(tm) form to become a Member of the Site and as a condition of entry onto the Site, pursuant to 28 U.S.C. § 1746 (2006). Accordingly, if You provided incorrect information on the Birth Date Verifier(tm) page, You committed an act of perjury, this perjury was recorded, and this perjury may be used against You in any court proceeding or other tribunal of any kind.
B. We specifically disclaim any responsibility or liability for any misrepresentations regarding a User's age.
C. Section 230 Notice: You acknowledge Your responsibility to prevent minors under Your care from accessing this site. You agree not to allow minors to view this Site, and agree to take responsible measures to prevent them from doing so. Numerous commercial online safety filters are available which may help users limit minors' access to harmful or inappropriate material. Pursuant to 47 U.S.C. §230(d), You are hereby informed that You can research such services at websites such as: www.getwise.org or http://www.child-internet-safety.com/internet_filters.php, among others. Please note that this Site makes no representation or warranty regarding any of the products or services referenced on such sites, and recommend that the user conduct appropriate due diligence before purchasing or installing any online filter. You agree to take particular steps to prevent minors from viewing this Site if Your computer can be accessed by a minor. Finally, You agree that if You are a parent or guardian of a minor child, it is Your responsibility, not Ours, to keep any age-restricted content on Our Site from being displayed or accessed by Your children or wards.
V. User Verification:
1. ALL MATERIALS, INCLUDING MESSAGES, AND OTHER COMMUNICATIONS, CONTAINED ON THE SITE ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS IN LOCATIONS WHERE THE MATERIALS, MESSAGES AND OTHER COMMUNICATIONS CONTAINED AT THE SITE DO NOT VIOLATE ANY COMMUNITY STANDARDS OR ANY FEDERAL, STATE OR LOCAL LAW OR REGULATION OF THE UNITED STATES OR ANY OTHER COUNTRY OR JURISDICTION.
2. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU KNOW AND UNDERSTAND THAT THE MATERIALS CONTAINED ON, AND/OR DOWNLOADABLE FROM, THE SITE MAY INCLUDE EXPLICIT VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONS OF ALL FORMS EROTIC ACTIVITIES. AGAIN, THIS MAY INCLUDE, BUT IS NOT LIMITED TO: NUDITY AND SEXUAL ACTIVITIES, INCLUDING WITHOUT LIMITATION, HETEROSEXUAL, BI-SEXUAL, HOMOSEXUAL, AND TRANSSEXUAL ACTIVITIES OF AN EXPLICIT SEXUAL NATURE; YOU AGREE THAT YOU ARE FAMILIAR WITH MATERIALS OF THIS KIND; THAT YOU ARE NOT OFFENDED BY SUCH MATERIALS; AND THAT BY AGREEING TO THIS AGREEMENT, YOU ARE WARRANTING TO Ragazzeinvendita.com THAT YOU ARE INTENTIONALLY AND KNOWINGLY SEEKING ACCESS TO SUCH EXPLICIT MATERIALS FOR YOUR OWN PERSONAL VIEWING.
3. NOTHING CONTAINED ON THIS SITE IS INTENDED TO ENCOURAGE, FACILITATE OR CONDONE ILLEGAL ACTIVITIES. THE INFORMATION FOUND ON THE SITE IS PROVIDED тАШAS IS' AND THE USER IS RESPONSIBLE FOR VERIFYING THE ACCURACY AND AUTHENTICITY OF ANY SUCH INFORMATION. YOU SHOULD NOT RELY ON ANY INFORMATION FOUND ON THE WEB WITHOUT CONDUCTING YOUR OWN INVESTIGATION FIRST. YOU ACKNOWLEDGE THAT THE SITE IS PROVIDED FOR ENTERTAINMENT PURPOSES ONLY, AND THAT YOUR USE OF THE SITE WILL BE LIMITED TO SUCH PURPOSES. YOU ARE RESPONSIBLE FOR CONSULTING THE APPLICABLE LAW IN YOUR JURISDICTION BEFORE VIEWING OR OTHERWISE USING THE SITE.
4. YOU FURTHER REPRESENT AND WARRANT THAT YOUR ACCEPTANCE OF THIS AGREEMENT CONSTITUTES AN UNEQUIVOCAL REQUEST ON YOUR PART TO RECEIVE AND VIEW EXPLICIT MATERIAL OF A SEXUAL NATURE, VIA THE SITE AND/OR SERVICES AND THAT YOU HAVE NOT NOTIFIED Ragazzeinvendita.com OR ANY GOVERNMENTAL AGENCY THAT YOU DO NOT WISH TO RECEIVE OR VIEW EXPLICIT AND/OR SEXUALLY ORIENTED MATERIAL.
VI. Child Pornography/Pedophiliac Activity prohibited:
WE HAVE A ZERO TOLERANCE POLICY FOR CHILD PORNOGRAPHY AND A ZERO TOLERANCE POLICY REGARDING PEDOPHILES OR ANY PEDOPHILIC ACTIVITY.
A. You understand that all depictions of all persons on this Site and in all Materials produced or published by Ragazzeinvendita.com are of persons over the age of eighteen (18) as of the date of the production of the depiction. We take great measures to ensure that no underage models appear in any of Our Materials.
B. If You seek any form of child pornography (including so-called "virtual" child pornography), You must exit this Site immediately. We do not provide this kind of material and We do not tolerate those who provide this kind of material nor do We tolerate consumers of this kind of material.
C. In order to further Our zero-tolerance policy, all Users agree that You will report any images, real or simulated, that appear to depict minors on Our Site. If You see any images or other depictions that are questionable, You agree to report these images by emailing Us at report@rivcams.com.
D. Include with Your report any appropriate evidence, including the URL, date and time of identification. All reports will immediately be investigated and the appropriate action will be taken.
E. We enthusiastically cooperate with any law-enforcement agency investigating child pornography. If You suspect other outside websites are participating in unlawful activities involving minors, please report them to http://www.asacp.org.
VII. Images and Content:
A. Some items comprising the Materials are posted by Ragazzeinvendita.com, and some items are posted by Members or other parties unrelated to Ragazzeinvendita.com (such as advertisers) for publication on the Site.
B. You acknowledge and agree that all of the Materials are expressive content that is fully protected by the First Amendment to the United States Constitution.
C. You acknowledge and understand that the Materials may be explicit and/or sexually oriented in nature - and that they may contain graphic visual depictions of sexual activity and nudity, graphic audio portions of the same kind of content, and descriptions of sexually oriented and sexually explicit activities. You acknowledge that You are aware of the nature of the Materials and that You are not offended by such Materials, and that You access the Site freely, voluntarily, and willingly, and for Your own personal enjoyment.
D. None of the Materials relate to, encourage or condone illegal activity. If You are seeking information regarding any illegal activities, please leave this Site immediately.
You agree to never use or access the Site if doing so would violate the laws of Your state, province, country or jurisdiction.
As between You and Us, We acknowledge that We claim no proprietary rights in or to the content (including without limitation, text, software, music, sound, audio visual works, motion pictures, photographs, animation, video and graphics) supplied by You for use with the Services ("Your Content"). You hereby grant to Us a non-exclusive, worldwide and royalty-free license to copy, make derivative works, display, perform, use, broadcast and transmit on and via the Internet Your Content for the purpose of providing and advertising the Services. We reserve the right to modify Your Content for the purpose of matching the graphic appearance of Our Website and/or to ensure compatibility with Our Services. You further agree that We may use Your Content, including Your profile and everything linked to it, at Our partner sites, which may include http://www.rivphone.com, http://www.rivfetish.com, http://www.rivcash.com, http://incontri.com, http://inkontri.com, http://www.24live7.com. http://www.ragazzeinvendita.com.
VIII. RESTRICTIONS ON USE OF SITE:
A. You agree that You will only use the Site for the entertainment purposes expressly permitted and contemplated by this Agreement. You may not use the Site for any other purpose without Our express, prior written consent.
B. Without Our express, prior written authorization, You shall not:
1. Duplicate any part of the Site or the Materials;
2. Create any derivative works based on the Site or any of the Materials, and You agree and stipulate that any and all derivative works are NOT "fair use";
3. Use the Site or any of the Materials for any public display, public performance, sale or rental, and You hereby agree and stipulate that any and all such uses are NOT "fair use";
4. Redistribute the Site or any of the Materials, and You hereby agree and stipulate that any and all such uses are NOT "fair use";
5. Remove any copyright or other proprietary or attribution notices from the Site or any of the Materials;
6. Frame or utilize any framing techniques in connection with the Site or any of the Materials;
7. Use any meta-tags or any other "hidden text" using the Site's name, URL, logo, trademarks or service marks, and You hereby stipulate that any use of the same or any other name, URL, logo, trademarks or service marks owned by Ragazzeinvendita.com is an infringement upon Ragazzeinvendita.com's rights. Further, in addition to monetary damages and other remedies available to Ragazzeinvendita.com, You agree to pay liquidated damages of $5000.00 per such infringement, and You agree to pay any and all fees incurred in the recovery of this amount, including attorneys' fees and all associated costs;
8. "Deep-link" to any page of the Site, or avoid agreement to the Terms & Conditions of this Agreement; You may only link to the main entry page;
9. Circumvent any encryption, age verification or other security tools used anywhere on the Site (including the theft of user names and passwords or using another person's user name and password in order to gain access to a restricted area of the Site);
10. Use any data mining, bots, or similar data gathering and extraction tools on the Site;
11. Decompile, reverse engineer, modify or disassemble any of the software aspect of the Materials except and only to the extent permitted by applicable law;
12. Sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau or otherwise assign to any third party the Materials or any of Your rights to view and use the Materials as granted specifically by this Agreement;
13. Bookmark any page of the Site beyond the registration log-in screen;
14. Engage in any form of illegal conduct, harassment or offensive behavior, including but not limited to the posting or uploading of communications or any graphic, video or audio content to the Site which contain libelous, slanderous, abusive or defamatory statements, or racist, obscene or offensive language;
15. Use the Site to infringe the privacy rights, publicity rights, property rights, or other civil rights of any person;
16. Post messages or use the Site in any way which (i) violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trademark, privacy or other personal or proprietary rights, or (ii) is fraudulent or otherwise unlawful or violates any law; or
17. Submit, or infect the Site with, any virus, spyware or similar file, program or code.
18. Divulge information that allows other Users to be identified, such as divulging a User's last name, mailing address, fixed or cellular telephone number, screen name from third-party services such as MSN and Facebook, and/or e-mail address.
C. You agree to cooperate with Ragazzeinvendita.com in causing any unauthorized use to cease immediately. You are solely responsible for submitting any material that violates any United States or International laws, even if a claim arises after Your service is terminated, and by doing so, Your actions shall constitute a material breach of this Agreement, and Ragazzeinvendita.com may terminate any or all of Your rights under this Agreement.
D. Interference - Except where expressly permitted by law, You may not translate, reverse-engineer, decompile, disassemble, or make derivative works from any of the Site and/or Materials. You hereby agree not to use any automatic device or manual process to monitor or reproduce the Site or Materials, and will not use any device, software, computer code, or virus to interfere or attempt to disrupt or damage the Site or any communications on it. If You do not adhere to this provision of this Agreement, in addition to monetary damages and other remedies available to Ragazzeinvendita.com, You hereby agree to pay liquidated damages of $5000.00 plus any and all fees associated with recovery of these damages, including attorneys' fees and costs. Furthermore, You are responsible for all activity which takes place under Your account name, whether such activity was authorized or caused by You. It is Your responsibility to safeguard your login credentials against unauthorized use.
E. Stipulated Liquidated Damages -
1. In various provisions in this Agreement, We have outlined liquidated damages amounts to be applied as penalties against You if You violate these specific provisions. You specifically agree to pay these amounts. In agreeing to pay liquidated damages, You acknowledge that this amount is not a penalty; that the actual damages are uncertain and difficult to ascertain, but that this amount represents the parties' good faith attempt to calculate an appropriate compensation based on anticipated actual damages.
2. For any breach of a portion of this Agreement that does not specifically state a liquidated damages amount, You hereby agree that in addition to monetary damages and other remedies available to Ragazzeinvendita.com, any breach of this Agreement shall result in liquidated damages of $100.00 per occurrence. You specifically agree to pay this $100.00 in liquidated damages.
3. If We are required to enlist the assistance of one or more attorneys or other person to collect any liquidated damages or any other amount of money from You, or if We are required to seek the assistance of one or more attorneys to pursue injunctive relief against You, then You additionally agree that You will reimburse Us for all fees incurred in order to collect these liquidated damages or in order to seek injunctive relief from You. You understand that even a nominal amount of damages may require the expenditure of extensive legal fees, travel expenses, costs, and other amounts that may dwarf the liquidated damages themselves. You agree that You will pay all of these fees and costs.
IX. Responsibility for Third-Party Communications & Services:
Online Venue & Immunity - Our Site acts as a venue to allow third parties to offer, sell, and buy particular services as set forth on the Site from anywhere, in a variety of formats. You stipulate that We are considered a provider of an "interactive computer service" for purposes of immunity from claims provided by Section 230 of the Communications Decency Act ("CDA") as codified at 47 U.S.C. Section 230. As such, We are immune from any claims arising from the content of communications made by any third party, except those specifically excepted from the CDA. We do not create such third-party content and are not considered the "information content provider" for purposes of the CDA. We are not responsible for the publication of remarks or communications of third-parties that may arguably rise to the level of being actionable under federal or state laws including, but not limited to, the publication of material that might be considered defamatory, or violative of privacy or publicity rights. Note, that federal law allows Certified Hosting to remove any content found to be offensive, defamatory, obscene or otherwise violative of our policies, without impacting Our status as an interactive computer service. Nothing contained in this paragraph is intended to limit or alter the immunity from claims provided by Section 230 of the Communications Decency Act. Suing an Access Provider that has immunity from claims is frivolous, and may result in serious court sanctions. We are not involved in the actual transaction between any third party and Users. We maintain no additional information regarding any such third party beyond that contained in their advertisements. You accept full responsibility for any correspondence, communication or contact with such third party and understand that neither Ragazzeinvendita.com nor the Site has any affiliation with or control over any of any third party. Accessing the Site does not guarantee that You will meet or receive responses or services from any individual or third party that is listed on the Site, as We do not control any such third party in any way. Any and all financial arrangements between You and any third party are strictly between the parties who accept the arrangement. As a result, Ragazzeinvendita.com has no control over the quality, safety or legality of the services advertised, the truth or accuracy of the listings, the ability of sellers to provide services or the ability of buyers to purchase services. We make NO guarantees of goods or services provided by any third party. We cannot ensure that a buyer or seller will actually complete a transaction, and do not warrant the satisfaction of any party.
B. Meetings Between Users and Third Parties - You acknowledge and agree that Ragazzeinvendita.com shall not be held responsible in any way for the outcome of any contact or meeting, whether in person, by telephone, email or any other means, resulting from advertisements placed or responded to, or messages or communications sent or received by any User and any third party through the Site, or through any use, directly or indirectly, of the Site. You further acknowledge and agree that Ragazzeinvendita.com does not screen any Users or any third party, has no control over their actions and makes no representations or warranties with respect to the character, veracity, age, weight, height, health or any other attribute of Users or any third party, including any such party which advertises on the Site. You further acknowledge and agree that Ragazzeinvendita.com does not endorse, encourage, recommend or arrange communications or meetings among or between Users and any third party, and You agree use common sense and take appropriate measures and precautions to insure Your own personal safety and privacy in the event that You choose to communicate with, or meet with any third party with whom You have communicated through the use of the public areas, or chat areas of the Site, or through advertisements posted on the Site.
C. Accuracy of Communications Made By Third Parties - You further acknowledge that You understand that We do not control the content of any information, messages, communication or Materials posted or uploaded by Users or any third party on the Site, and that consequently You agree to release and hold Ragazzeinvendita.com harmless from any and all liability and responsibility in connection with the content of any information, messages, communication or Materials You may receive from other Users or any third party from the Site.
You further
acknowledge that You understand that Ragazzeinvendita.com 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 or any third party on the Site, and that
consequently You release and hold Ragazzeinvendita.com harmless from any and all
liability and responsibility in connection verifying, the accuracy of
any such messages, communication, information or content of any kind
provided by other Users or any third party on the Site.
You further
acknowledge that You understand that We undertake no obligation to
screen, endorse, monitor, control, investigate, supervise or verify
any advertisements or communications submitted for publication on the
Site by third-parties. All Users are therefore cautioned and advised
to use their own judgment to evaluate all advertisements and other
communications available at or through the Site prior to purchasing
goods and/or services described at the Site or otherwise responding
to any communication on the Site.
D. Disputes with Third Parties - Since Ragazzeinvendita.com has no affiliation or control over Users or any third party, including their communications or services, We shall not be held liable for any interactions between You and any other User or third party who may also have officers, directors, employees, shareholders, agents, or outside contractors over whom We have no control and with whom We have no affiliation. Because We are not involved in the actual transaction between buyers and sellers, in the event that You have a dispute with another User or third party, You agree to release and hold Ragazzeinvendita.com and its officers, directors, shareholders, agents, subsidiaries, independent contractors and employees harmless from any and all actual or alleged claims, demands and damages, both actual and consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
E. Information Control - We do not control the information provided by other Users which is made available through the Site. You may find another User's information to be offensive, harmful, inaccurate, or deceptive. You agree to use caution and common sense when using the Site. Please note that there are always risks relating to dealing with people acting under false pretense. We may, but are not obligated to review complaints about Users and/or any third party in order to determine if any Terms and Conditions established by the Site have been violated. However, our taking such action does not imply that Ragazzeinvendita.com is responsible for resolving the dispute, or will provide assistance of any kind. You may send an e-mail to report@rivcams.com if You wish to identify any User or third party You believe is in violation of this Agreement.
X. DISCLAIMER OF WARRANTY:
A. You expressly agree that use of the Site or any of the Materials is at Your own risk. You also understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Site, or any of the Materials contained therein, is used at Your own discretion and risk and that You will be solely responsible for any damage to Your computer system or loss of data that results from the download of such Materials and/or data.
B. The Site and all Materials are provided "as is" without warranty of any kind, either express or implied, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement.
C. Ragazzeinvendita.com makes no representations or warranties that any of the Site or Materials will be uninterrupted, timely, secure, or error free; nor does Ragazzeinvendita.com make any representations or warranties as to the quality, suitability, truth, usefulness, accuracy, or completeness of any of the Site or Materials.
D. You acknowledge and agree that Ragazzeinvendita.com does not guarantee or warrant that files available for downloading from the Site will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. Ragazzeinvendita.com does not assume any responsibility or risk for Your use of the Site or the Internet, generally.
E. Ragazzeinvendita.com makes no warranty regarding any goods or services purchased or obtained through the Site or any transaction entered into through the Site and is not responsible for any use of confidential or private information by third parties. Ragazzeinvendita.com is not liable in any or all parts or jurisdictional divisions of any geographical location under authority of a governmental or political entity or part thereof in which accessing, viewing, downloading, dissemination of, or other use of the Materials contained in the Site would constitute a violation of any law, regulation, rule or custom.
F. Ragazzeinvendita.com may change any of the information found on this Site at any time without notice including this Agreement without notice. Ragazzeinvendita.com makes no commitment to update the information found at this Site or the Materials.
G. The warranties and representations set forth in this Agreement are the only warranties and representations with respect to this Agreement, and are in lieu of any and all other warranties, written or oral, express or implied, that may arise either by agreement between the parties or by operation of law, including warranties of merchantability and fitness for a particular purpose. None of these warranties and representations will extend to any third party by virtue of this Agreement.
XI. INDEMNIFICATION:
You hereby agree to be personally liable and to fully defend, indemnify and hold Ragazzeinvendita.com (including its shareholders, officers, directors, employees, independent contractors, attorneys, successors and assigns) harmless from any and all claims, actions, loss, liabilities, expenses, costs or demands, including without limitation legal and accounting fees, for all damages, directly, indirectly and/or consequentially resulting or allegedly resulting from Your:
A. Action or intention to violate any law, statute, regulation, rule or ordinance (including criminal liability); or
B. Viewing or use of the Site or Services; or
C. Attempted or actual unauthorized, accessing of the Site or Ragazzeinvendita.com's other computer databases, downloading, duplication or other unauthorized use of the Site or any Materials available in, at, through or in association with the Site by You, alone, or with, or under the authority of, any other person(s), including, without limitation, any governmental agency/agencies; or
D. Meeting, involvement, communication or other interaction with any third party or other Users of the Site, including but not limited to intentional and/or reckless torts, assaults, battery, theft, fraud, deception, cheating, disease, pregnancy, defamation, false imprisonment, sexual battery and/or molestation, lewdness, obscenity, or any other civil or criminal wrong arising from such interaction; or
E. Use, misuse, or inability to use the Site or any of the Materials contained therein, or Your breach of any part of this Agreement.
Ragazzeinvendita.com shall promptly notify You by electronic mail of any such claim or suit, and cooperate fully (at Your expense) in the defense of such claim or suit. Ragazzeinvendita.com reserves the right to participate in the defense of such claim, action or defense at Our own expense, and choose Our own legal counsel, but We are not obligated to do so.
XII. LIMITATION OF LIABILITY:
YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SERVICES. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES. THIS SECTION APPLIES TO ALL CLAIMS BY YOU IRRESPECTIVE OF THE CAUSE OF ACTION UNDERLYING THE CLAIM, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, STRICT LIABILITY, FRAUD, AND/OR MISREPRESENTATION. REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, YOU AGREE THAT IN NO EVENT WILL WE, OUR AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES, TECHNOLOGY, OR CONTENT AVAILABLE ON THE SERVICES ("AFFILIATES"), BE LIABLE TO YOU IN ANY MANNER WHATSOEVER: (A) FOR ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE SERVICES; (B) FOR LOSS OR INACCURACY OF DATA OR, COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (C) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOSS OF PROFITS OR LOSS OF REPUTATION, FOR BUSINESS INTERRUPTION OR SIMILAR ACTION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE AND MAXIMUM LIABILITY, ARISING FROM OR OTHERWISE RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR CLAIM) IS LIMITED TO US$100.
XIII. LINKS AND LINKING:
A. Some websites that are linked to the Site are owned and operated by third parties. Because Ragazzeinvendita.com has no control over such websites and resources, You acknowledge and agree that Ragazzeinvendita.com is not responsible or liable for the availability of such external websites or resources, and does not screen or endorse them, and is not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites or resources.
B. You further acknowledge and agree that Ragazzeinvendita.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or services available on or through any such website or resource. If You decide to access any such third-party website, You do so entirely at Your own risk and subject to any terms and conditions and privacy policies posted therein.
C. Users further acknowledge that use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use for those websites, and not by this Agreement, Ragazzeinvendita.com's or this Site's Privacy Policy or Advertiser Agreement.
D. Links to external websites (including external websites that are framed by the Site) or inclusions of advertisements do not constitute an endorsement by Ragazzeinvendita.com of such websites or the content, products, advertising, or other materials presented on such Site, but are for Users' convenience.
E. All Users do hereby agree to hold Ragazzeinvendita.com harmless from any and all damages and liability that may result from the use of links that may appear on the Site. Ragazzeinvendita.com reserves the right to terminate any link or linking program at anytime.
XIV. TRADEMARK INFORMATION:
A. The aforementioned name and/or any logo of the Site is a service mark and/or trademark of the Site. The name and/or logo of the Site and the name and/or logo of Ragazzeinvendita.com are considered trademarks owned by Ragazzeinvendita.com. We aggressively defend Our intellectual property rights.
B. Other manufacturers' product and service names and/or logos referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used publicly without the express written consent of the owners and/or holders of such trademarks and service marks.
C. All of the marks, logos, domains, and trademarks that You find on the Site may not be used publicly except with express written permission from Ragazzeinvendita.com, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Ragazzeinvendita.com.
XV. COPYRIGHT INFORMATION:
A. The Materials accessible from the Site, and any other World Wide Website owned, operated, licensed, or controlled by Ragazzeinvendita.com, are Ragazzeinvendita.com's proprietary information and valuable intellectual property, and We retain all right, title, and interest in the Materials.
B. The Materials may not be copied, distributed, republished, modified, uploaded, posted, or transmitted in any way without the prior written consent of Ragazzeinvendita.com, except that You may print out a copy of the Materials solely for Your personal use. In doing so, You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Materials.
C. Modification or use of the Materials, except as expressly provided in this Agreement, violates Ragazzeinvendita.com's intellectual property rights.
D. Neither title nor intellectual property rights are transferred to You by access to the Site.
E. All Materials included on the Site, such as text, graphics, photographs, video and audio clips, music, soundtracks, button icons, streaming data, animation, images, downloadable materials, data compilations and software are the property of Ragazzeinvendita.com or its content suppliers and is protected by United States and international copyright laws. The compilation of all Materials on the Site is the exclusive property of Ragazzeinvendita.com or its content suppliers and protected by United States and international copyright laws, as well as other laws and regulations. ┬й 2009 Ragazzeinvendita.com International, Inc. All rights reserved.
XVI. EXPORT CONTROL:
A. You understand and acknowledge that the software elements of the Materials on the Site may be subject to regulation by agencies of the United States Government, including the United States Department of Commerce, which prohibits export or diversion of software to certain countries and third parties. Diversion of such Materials contrary to United States' or international law is prohibited.
B. You will not assist or participate in any such diversion or other violation of applicable laws and regulations.
C. You warrant that You will not license or otherwise permit anyone not approved to receive controlled commodities under applicable laws and regulations and that You will abide by such laws and regulations.
D. You agree that none of the Materials are being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities.
XVII. NO AGENCY RELATIONSHIP:
Nothing in this Agreement shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein.
XVIII. NOTICE:
A. Notice - Any notice required to be given under this Agreement may be provided by email to a functioning email address of the party to be noticed, by a general posting on the Site, or personal delivery by commercial carrier such as Federal Express or DHL. Notices by Users to Ragazzeinvendita.com shall be given by electronic messages unless otherwise specified in the Agreement.
B. Change of Address - Either party may change the address to which notice is to be sent by written notice to the other party pursuant to this provision of the Agreement.
C. When Notice is Effective - Notices shall be deemed effective upon delivery. Notices delivered by overnight carrier (e.g., United States Express Mail or Federal Express) shall be deemed delivered on the business day following mailing. Notices mailed by United States Mail, postage prepaid, registered or certified with return receipt requested, shall be deemed delivered five (5) days after mailing. Notices delivered by any other method shall be deemed given upon receipt. Notices by email and facsimile transmission, with confirmation from the transmitting machine that the transmission was completed, are acceptable under this Agreement provided that they are delivered one (1) hour after transmission if sent during the recipient's business hours, or 9:00 a.m. (recipient's time) the next business day. Either Party may, by giving the other Party appropriate written notice, change the designated address, fax number and/or recipient for any notice or courtesy copy, hereunder.
D. Refused, Unclaimed, or Undeliverable Notice - Any correctly addressed notice that is refused, unclaimed, or undeliverable, because of an act or omission of the Party to be notified shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the postal authorities, messenger, facsimile machine, email server, or overnight delivery service.
XIX. COMMUNICATIONS NOT PRIVATE:
Ragazzeinvendita.com does not provide any facility for sending or receiving private or confidential electronic communications. All messages transmitted to Ragazzeinvendita.com shall be deemed to be readily accessible to the general public. Users should not use this Site to transmit any communication for which the sender intends only the sender and the intended recipient(s) to read. Notice is hereby given that all messages entered into this Site can and may be read by the agents and operators of Ragazzeinvendita.com, regardless of whether they are the intended recipients of such messages. Ragazzeinvendita.com does not screen or view communications sent directly to third parties, including through links or email addresses provided on advertisements.
XX. FORCE MAJEURE:
Ragazzeinvendita.com shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond its reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay the Site's performance.
XXI. Term & Termination:
You acknowledge that the Services provided by Ragazzeinvendita.com, including access to the Materials, may be terminated at the sole and exclusive discretion of Ragazzeinvendita.com, without cause; with or without notice. Without limiting the foregoing right to terminate, Ragazzeinvendita.com may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate Your access to the Site and use of the Materials, and refuse to provide the Services to You at any time, with or without advance notice, if: (a) Ragazzeinvendita.com believes that You have breached any material term of this Agreement, (b) Ragazzeinvendita.com is unable to verify or authenticate any information You provide to Us; (c) Ragazzeinvendita.com believes that Your actions may cause legal liability for You, Ragazzeinvendita.com's Users or Ragazzeinvendita.com; or (d) Ragazzeinvendita.com decides to cease operations or to otherwise discontinue any of the Site or parts thereof. Any account that has not accessed the Services for six (6) months since the last access may be cancelled without notice to You. Further, You agree that neither Ragazzeinvendita.com nor any third party shall be liable to You for any termination of Your membership or access to the Site and/or Materials. You agree that if Your account is terminated by Ragazzeinvendita.com, You will not attempt to re-register without the knowing, prior written consent from Ragazzeinvendita.com.
XXII. GENERAL PROVISIONS:
A. Governing Law - This Agreement and all matters arising out of, or otherwise relating to, this Agreement shall be governed by the laws of Florida, excluding its conflict of law provisions. Any and all disputes must be, without exception, brought to court and litigated in Orange County, Florida.
1. All parties to this Agreement agree that all actions or proceedings arising in connection with this Agreement or any services or business interactions between the parties that may be subject to this Agreement shall be tried and/or litigated exclusively in the state and federal courts located in Orange County, Florida.
2. The parties agree to exclusive jurisdiction and venue in, and only in, Orange County, Florida.
3. The parties additionally agree that this choice of venue and forum is mandatory and not permissive in nature, thereby precluding any possibility of litigation between the parties with respect to, or arising out of, this Agreement in a jurisdiction other than that specified in this paragraph.
4. All parties hereby waive any right to assert the doctrine of forum non-conveniens or similar doctrines, or to object to venue with respect to any proceeding brought in accordance with this paragraph or with respect to any dispute under this Agreement whatsoever.
5. All parties stipulate that the state and federal courts located in Orange County, Florida, shall have personal jurisdiction over them for the purpose of litigating any dispute, controversy, or proceeding arising out of (or related to) this Agreement and/or the relationship between the parties contemplated thereby.
6. Each party hereby authorizes and accepts service of process sufficient for personal jurisdiction in any action against it, as contemplated by this paragraph by registered or certified mail, Federal Express, proof of delivery or return receipt requested, to the parties address for the giving of notices as set forth in this Agreement.
7. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law if such enforcement becomes necessary.
B. Rights to Injunctive Relief - You acknowledge that remedies at law may be inadequate to provide Ragazzeinvendita.com with full compensation or an adequate remedy in the event of Your breach of this Agreement, and that Ragazzeinvendita.com shall therefore be entitled to seek injunctive or other equitable relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity. In such event, You agree to stipulate to a finding of irreparable injury by the court. Notwithstanding the foregoing, in the event of a breach by Ragazzeinvendita.com of the terms and conditions of this Agreement, You agree that action at law for damages shall be a sufficient remedy, and that you shall not be entitled to, and hereby waive any claim to injunctive or other equitable relief.
C. Binding Arbitration - If there is a dispute between the Parties arising out of or otherwise relating to this Agreement, the Parties shall meet and negotiate in good faith to attempt to resolve the dispute. If the Parties are unable to resolve the dispute through direct negotiations, then, except as otherwise provided herein, either Party must submit the issue to binding arbitration in accordance with the then-existing Commercial Arbitration Rules of the American Arbitration Association. Arbitral Claims shall include, but are not limited to, contract and tort claims of all kinds, and all claims based on any federal, state or local law, statute, or regulation, excepting only claims under applicable worker's compensation law, unemployment insurance claims, intellectual property claims, actions for injunctions, attachment, garnishment, and other equitable relief. The arbitration shall be conducted in Orange County, Florida, and conducted by a single arbitrator, knowledgeable in Internet and e-Commerce disputes. The arbitrator shall have no authority to award any punitive or exemplary damages; certify a class action; add any parties; vary or ignore the provisions of these Terms and Conditions; and shall be bound by governing and applicable law. The arbitrator shall render a written opinion setting forth all material facts, as well as the basis of his or her decision within thirty (30) days of the conclusion of the arbitration proceeding. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.
D. No Waiver of Right to Arbitration - There shall be no waiver of the right to arbitration unless such waiver is provided affirmatively and in writing by the waiving party to the other party. There shall be no implied waiver of this right to arbitration. No acts, including the filing of litigation, shall be construed as a waiver or a repudiation of the right to arbitrate.
E. The First Amendment Applies to Arbitration Proceedings - Any arbitration tribunal shall consider the First Amendment to the United States Constitution to be in force and effect between the parties. Both parties stipulate to the applicability of the First Amendment's protection of free speech, expression, and association, and both parties stipulate that case law interpreting the First Amendment shall be admissible and considered to be binding authority upon the Arbitrator.
F. Assignment - The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be.
G. Severability - If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of this Agreement will continue in full force and effect.
H. Attorneys' Fees - In the event any Party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce any of the terms and conditions of this Agreement, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorneys' fees and costs incurred in connection therewith, including attorneys' fees incurred on appeal.
I. No Waiver - No waiver or action made by Ragazzeinvendita.com shall be deemed a waiver of any subsequent default of the same provision of this Agreement.
J. Headings - All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.
K. Complete Agreement - This Agreement constitutes the entire agreement between the parties with respect to Your access and use of the Site and the Materials, and supersede and replace all prior understandings or agreements, written or oral, regarding such subject matter.
L. Other Jurisdictions -Ragazzeinvendita.com makes no representation that the Site or any of the Materials are appropriate or available for use in other locations, and access to them from territories where their content may be illegal or is otherwise prohibited. Those who choose to access the Site from such locations do so on their own initiative and are solely responsible for determining compliance with all applicable local laws.
This document was prepared by Lawrence G. Walters, Esq., of www.FirstAmendment.com.
Nothing more follows.
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