General
Rules
1.
General Rules and Definitions
1.1 If you choose to purchase one or more subscriptions
to the tarentule.com web service
(the "Service"),
you will be agreeing to abide by all of the terms
and conditions of these Terms of Sale Agreement (the "Agreement")
between you and tarentule.com. Additionally,
you will be agreeing to the Terms of Service and
Privacy Policy.
1.2 Tarentule.com hereby
grants you a limited license to copy and use the
materials,
features,
and services provided
on the Service (collectively the "Materials")
solely for your personal, non-commercial use, subject
to this Agreement. The design and layout of the eCADS
and Service are specifically excluded from the Materials.
No
other use of the Service or Materials is authorized.
You agree that any copy of the Materials (or any
portion of the Materials) that you make shall retain
all copyright and other proprietary notices contained
herein or therein. Framing of the Service or Materials
or posting of Materials on other Web Sites is strictly
prohibited.
1.3 Except for the limited license
granted above, nothing contained herein shall be
construed
as conferring to you in any manner, whether by implication,
estoppel or otherwise, any license, title, or ownership
of or to any intellectual property right of tarentule.com or any third party.
1.4 Tarentule.com may change, add
or remove portions of this Agreement at any time,
but
if it
does so, it will
post such changes on the Service, or send them to
you via e-mail or postal mail. Your continued use
of the Service constitutes your acceptance of any
such change to the terms of this Agreement.
1.5 If any of the rules contained
in the Agreement or any future changes to the Agreement
are not acceptable
to you, you may cancel your subscription(s) by sending
an Email and specifying so at this address : members@tarentule.com.
See Section 8 regarding Termination of Service. Your
continued
use of the Service now, or following the posting
of notice of any changes in the rules contained in
the Agreement, will indicate acceptance by you of
such rules, changes or modifications.
1.6 Tarentule.com may
change, suspend or discontinue any aspect of the
Service at any time,
including
the availability
of any Service feature or content. Tarentule.com may also impose limits on certain features and services
or
restrict
your access to parts or all of the Service without
notice or liability.
2 Use of Service and Content
2.1 The contents of the Service
are intended for your personal, noncommercial use.
All materials published
on the Service
are protected by copyright, and owned or controlled
by tarentule.com and/or E-Pub
Inc.
You shall abide by
all
additional copyright restrictions contained in any
Content accessed through the Service.
2.2 You may not
modify, publish, transmit, participate in the transfer
or sale of, reproduce (except for as otherwise provided
for in this Agreement), create new works from, distribute,
perform, display, or in any way exploit, any of the
Materials or Content or the Service in whole or in
part.
3 Representations and Warranties
3.1 You represent, warrant and covenant
(a) that no materials of any kind submitted through
your account
will (i) violate, plagiarize, or infringe upon the
rights of any third party, including copyright, trademark,
privacy or other personal or proprietary rights;
or (ii) contain libelous or otherwise unlawful material;
and (b) that you are at least eighteen years old.
You hereby indemnify, defend and hold harmless tarentule.com and its affiliates, and all officers, directors,
owners, agents, Content providers, licensors and
licensees (collectively, the "Indemnified Parties")
from and against any and all liability and costs,
including, without limitation, reasonable attorneys'
fees, incurred by the Indemnified Parties in connection
with any claim arising out of any breach by you or
any user of your account of this Agreement or the
foregoing representations, warranties and covenants.
You shall cooperate as fully as reasonably required
in defense of any such claim. Tarentule.com reserves
the right, at its own expense, to assume the exclusive
defense
and control of any matter subject to indemnification
by you.
3.2 Neither tarentule.com nor its affiliates represent
or endorse the accuracy or reliability of any opinion,
statement,
or other information displayed or distributed through
the Service by any users, information provider or
any other person or entity. You acknowledge that
any reliance upon any such opinion, statement or
other information shall be at your sole risk.
4 Registration and Security
4.1 In order to establish an account
to use the Service, you will receive a password to
be used
in conjunction with your e-mail address. You will
be required to give us certain registration information,
all of which must be accurate and updated. You may
not (a) use an account membership of another person
with the intent to impersonate that person; or (b)
use
a
membership account to which another person has rights
without such person's authorization. Failure to comply
with
the foregoing shall constitute a breach of this Agreement,
which may result in immediate termination of your
membership. You shall be responsible for maintaining
the confidentiality of your password.
4.2 You shall notify tarentule.com of
any known or suspected unauthorized use(s) of your
membership account,
or any known
or suspected breach of security, including loss,
theft, or unauthorized disclosure of your password
or credit card information.
4.3 You must be 18 years or older
to subscribe to the Service; however, persons under
the age of eighteen
may use the Service. You may share your password
with others, subject to the provisions of Section
4.4 below.
4.4 You are responsible for all
usage or activity on your membership account, including
the use of the account
by any third party authorized by you to use your
password. Any fraudulent, abusive, or otherwise illegal
activity may be grounds for termination of your account,
at the sole discretion of tarentule.com, and tarentule.com may refer you to appropriate law enforcement agencies.
5 Fees and Payments
5.1 You shall be responsible to
pay all fees and charges incurred through your membership
account at the rates
in effect for the billing period in which such fees
and charges are incurred. Presently, membership fees
are $12 canadian dollars for a one year membership
and $ 7.50 canadian dollars for a six-month membership.
At its sole discretion,
tarentule.com reserves the right
at any time to offer membership(s) on the Service
at a discount or to
provide premiums
and promotions as a membership incentive. All fees
and charges shall be charged to the credit card provided
as part of the registration process and you agree
to pay such charges. You shall also pay any applicable
taxes relating to use of the Service through your
account.
5.2 For your convenience and to
ensure that your access to the Service remains uninterrupted,
unless
we hear from you, we will automatically renew your
membership(s) at the expiration of the then-current
term. If you elected to pay for the service(s) by
providing tarentule.com with your
credit card, tarentule.com will
charge your card on file for the cost of another
term at
the then-current rate using the information you previously
provided us on our web site.
You will not be notified in advance of your impending
renewal. tarentule.com reserves
the right to increase the price of your membership(s)
on the Service upon
renewal
without notice to you. If you wish to cancel your
renewal(s) for any reason, you may do so by emailing
us at this address : members@tarentule.com within
sixty (60) days of the date of billing and the renewal
charge(s) will be refunded
in full. The
service fee is non-refundable.
6 Communications Between
tarentule.com and Users
6.1 Tarentule.com reserves the right
to send you electronic mail regarding billing, administrative,
or legal
matters relating to the Service or notifying you
of special "Members-Only" offers or promotions.
6.2 Tarentule.com reserves
the right to disclose information about your usage
and demographics,
provided
that
it will not reveal your personal identity in connection
with the disclosure of such information. For more
information please read the Privacy Policy of
tarentule.com on the Web.
7 Software Licenses
7.1 All information and software
provided through the Service is and shall remain
the sole and exclusive
property of tarentule.com or its affiliates. You
shall not publish, broadcast, retransmit, or otherwise
reproduce
the information or software in any medium, except
that you may transmit personalized messages by electronic
mail for personal, noncommercial purposes.
8 Termination
8.1 If you are not fully satisfied
with your membership(s) you may terminate your account
during the first sixty
(60) days of each of your membership terms by sending
an Email specifying so at this address : members@tarentule.com.
Upon termination, you will receive a full refund
of any
monies you
paid to tarentule.com for your membership
fee(s) for the then current term.
9 Limitation of Liability
9.1 THE MATERIALS, INFORMATION,
AND SERVICES PROVIDED ON THE SERVICE ARE PROVIDED "AS
IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR
ENJOYMENT OF ANY MATERIALS, INFORMATION, OR SERVICES
(INCLUDING, BUT NOT LIMITED TO, ANY DATA, TEXT, IMAGES,
SOUNDS, OR COMPUTER PROGRAMS (INCLUDING COLLECTIONS
AND COMPILATIONS OF THEM)) OR AGAINST INFRINGEMENT.
TARENTULE.COM IS NOT RESPONSIBLE FOR ANY FAILURE
OF ELECTRONIC GREETINGS SENT THROUGH THE SERVICE
TO
REACH THEIR
INTENDED RECIPIENTS OR TO REACH SUCH RECIPIENTS ON
THE DATE SPECIFIED BY THE SENDER. THE MATERIALS AVAILABLE
ON THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE.
9.2 NEITHER TARENTULE.COM TAKES
ANY RESPONSIBILITY OR ASSUMES ANY LIABILITY
FOR ANY CONTENT UPLOADED
OR OTHERWISE TRANSMITTED BY YOU OR ANY THIRD PARTY,
OR FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL,
OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY, INDECENCY,
LEWDNESS, HARASSMENT, THREATS, ABUSE, OR PROFANITY
YOU MAY ENCOUNTER IN USING THE SITE. YOU AGREE TO
HOLD HARMLESS TARENTULE.COM FOR PURPOSES
OF HOSTING
OR MAINTAINING THIS SITE FROM ALL CLAIMS BASED UPON
COMMUNICATIONS OR MATERIALS MADE AVAILABLE BY YOU
ON THE SITE.
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