WEB SITE USER AGREEMENT
AGREEMENT BETWEEN USER AND EVE INTERACTIVE
This Web Site (the 'Site') is offered to you by EVE Interactive (the 'Company') on the condition that you accept the terms, conditions, and notices contained in this Web Site User Agreement (the 'Agreement'). YOU AGREE TO READ THIS USER AGREEMENT CAREFULLY BEFORE USING THE SITE. YOU MAY NOT ACCESS OR USE THIS WEB SITE UNLESS YOU AGREE TO THEM. BY USING THIS WEB SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS, CONDITIONS AND NOTICES IN THIS AGREEMENT AND YOU AGREE TO THEM. The Company reserves the right to change the terms, conditions and notices under which this Web Site is offered at any time in its sole discretion, and your continued use constitutes agreement to any such changes.
PERSONAL AND NON-COMMERCIAL USE
This Site, including all information, text, graphics and code (collectively the 'Content'), is copyrighted and protected by worldwide trademark, trade dress, copyright and other intellectual property laws and treaty provisions (Copyright © 2005 EVE Interactive. All rights reserved.) Virtual EVE, VirtualEVE.com and other names of EVE Interactive's products and/or services referred to on the Site are trademarks or registered trademarks of EVE Interactive.
We authorize you to view and use the Content for your own personal, non-commercial use. You agree to comply with all copyright laws worldwide in your use of this site and to prevent any unauthorized copying of the Content. Except as expressly provided herein, the Company does not grant any express or implied intellectual property right to you.
REPRESENTATIONS AND WARRANTIES
You represent and warrant that:
1. You are at least 18 years of age or older (depending on applicable local laws that apply to you) and have the legal right to access adult oriented materials in your community and legal jurisdiction.
2. You have provided true, accurate, current and complete information about yourself as prompted on the site. Your billing address should be the address and phone number your credit card bank has on file for you.
3. You will not use this Web Site for any purpose that is improper, unlawful or prohibited by the terms, conditions or notices in this Agreement and on this Web site and that you will act in good faith in your relationships with EVE Interactive.
4. You are buying for your own use and not for resale.
5. You understand that you will be exposed to visual images, descriptions and audio sounds of a sexually oriented, frankly erotic nature, which may include graphic visual depictions and descriptions of nudity and sexual activity. You affirm that you are voluntarily choosing to do so, because you want to view, read and/or hear the various materials which are available, for your own personal enjoyment, information and/or education. Your choice is a manifestation of your interest in sexual matters, which is both healthy and normal and, which, in your experience, is generally shared by average adults in your community. You are familiar with the standards in your community regarding the acceptance of such sexually oriented materials, and the materials you expect to encounter are within those standards. In your judgment, the average adult in your community accepts the consumption of such materials by willing adults in circumstances such as this which offer reasonable insulation from the materials for minors and unwilling adults, and will not find such materials to appeal to a prurient interest or to be patently offensive.
You agree not use the Web Site to:
(1) Upload, post or otherwise transmit any communication or material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, that infringes any copyright, trademark, trade secret, patent or other proprietary right, disruptive to the site, harmful to minors, hateful, or racially, ethnically or otherwise objectionable;
(2) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Web Site;
(3) Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, 'junk mail,' 'spam,' 'chain letters,' 'pyramid schemes,' or any other form of solicitation except as otherwise expressly authorized by the Company;
(4) Disrupt or interfere with the operation of the Web Site or any servers or networks connected to the Web Site service or disrupt any other user's enjoyment of the Site or of any affiliated or linked web sites;
(5) Violate any applicable local, state, national or international law or regulation;
(6) Upload, post or otherwise transmit any obscene material or material containing child pornography.
(7) Upload, post or otherwise transmit any material containing viruses, trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, or surreptitiously intercept or expropriate any system, data or personal information.
(8) Deeplink to this Site, use any meta tags or other hidden text using our name, trademark or product name, or frame any Content without our express written consent;
(9) Collect or store personal data about other users.
LIABILITY LIMITATION & DISCLAIMER OF WARRANTIES
Information or advice received from this Web Site should not be relied upon for personal, medical, legal or financial decisions. You should consult an appropriate professional for specific advice tailored to your situation.
THE COMPANY, ITS DIRECTORS, OFFICERS, AGENTS, AFFILIATES, MEMBERS, EMPLOYEES AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE RELIABILITY, ACCURACY, SUITABILITY OR TIMELINESS OF THE CONTENT, PRODUCTS OR SERVICES ACCESSIBLE THROUGH THE SITE. ALL INFORMATION AND SERVICES ARE PROVIDED 'AS IS' OR 'AS AVAILABLE' WITHOUT WARRANTY OF ANY KIND, AND PRODUCTS ARE PROVIDED SOLEY WITH A LIMITED WARRANTY. OTHER THAN THE LIMITED WARRANTY FOR PRODUCTS DESCRIBED ABOVE, THE COMPANY AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION, PRODUCTS AND SERVICES AVAILABLE THROUGH THIS SITE, INCLUDING (WITHOUT LIMITATION) ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT.
IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, AGENTS, MEMBERS, EMPLOYEES OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES WHATSOEVER. WITHOUT LIMITING THE FOREGOING , THE COMPANY AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF PROFITS OR LOSS OF USE IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY CONTENT, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE. THE COMPANY AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY, ITS DIRECTORS, OFFICERS, AGENTS, MEMBERS, EMPLOYEES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
You agree to indemnify and hold the Company, its directors, officers, agents, affiliates, members, suppliers and employees harmless from any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorney's fees) which arise out of, are connected with or directly relate to your use of the Site, the products obtained through the site or any violation of this Agreement.
USE OF INFORMATION AND PRIVACY
CONTENT PROVIDED BY YOU
By posting messages or engaging in other communication to the Company or this Site, you grant to the Company a perpetual, worldwide, irrevocable, non-exclusive, royalty-free license to use, download, copy, reproduce, modify, distribute, publish, transmit, transfer, sell, license, display, perform, adapt and otherwise exploit such communication in all media now known or hereafter devised, and you agree that the Company is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to the Company. You further recognize that the Company does not want you to, and you represent and warrant that you shall not, provide any information or materials to the Company that are defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporate the proprietary material of another. You acknowledge and agree that communications and transmission to and from the Company Web Site are not confidential. You waive all rights to any claim against the Company, its directors, officers, agent, members, suppliers or employees for any alleged or actual infringement of any proprietary, privacy, publicity, moral or attribution rights in connection with such communication.
LINKS TO OTHER WEB SITES
The Site may contain links to web sites operated by parties other than the Company. The links are provided for your convenience only. The Company does not control the web sites and is not responsible for the content on such web sites. By offering links, the Company is not implying that it endorses anything contained on such web sites or has any association with the operators of the web sites.
There is no confidential, fiduciary, contractually implied or other relationship created between you and the Company other than as stated in this Agreement. You agree that no joint venture, partnership, employment or agency relationship exists between you and the Company as a result of this Agreement or use of this Web Site.
This Web Site is controlled, operated and administered by the Company from its offices within the United States of America. The Company makes no representation that materials at this site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Content in violation of any applicable laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws that pertain to you.
This Agreement is governed by the laws of the United States and of the State of California. Unless otherwise agreed to in writing, any claim, dispute or controversy of any kind, in any way arising out of or relating to the Site, this Agreement, or any purchase made through the Site (excepting any claim, dispute or controversy relating to intellectual property rights) shall be subject to exclusive, final and binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, and conducted in San Francisco, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Any litigation relating to this Agreement shall be subject to the jurisdiction of the Federal Courts of the Northern District of California, with venue lying in San Francisco, California, with the losing party responsible for costs, including without limitation, court costs and reasonable attorneys fees and expenses. You agree that any cause of action you may have with respect to your use of the Site, this Agreement or any purchase made through the Site must be commenced within one (1) year after the claim or cause of action arises.
In the event any provision of this Agreement is determined to be invalid, illegal or otherwise unenforceable, such provision shall be deemed to have been deleted from this Agreement. The remainder of this Agreement shall remain in full force and effect according to its terms.
This Agreement contains the entire understanding and agreement of the parties with respect to the use of this Web Site. It supersedes all prior oral or written understandings and agreements relating to use of this Web Site. Company's waiver of any provision of this Agreement shall not be deemed to waive it for the future.
You agree that we may, in our sole discretion, at any time and without cause, may terminate your use of the Site or any portion of the Site, without liability to you. Sections entitled LIABILITY LIMITATION & DISCLAIMER OF WARRANTIES, INDEMNITY, and GENERAL will survive any termination of this Agreement.