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Last Updated: April 2, 2010
Please read these Terms of Use ("Terms") carefully. They
contain the legal terms and conditions that govern your
use of and access to the JolieInvites.com web site (the
"Site"). This Site is operated by GlobalTech East Inc.
("GlobalTech East Inc.").
By visiting this Site, you are signifying your assent to
these Terms and the terms and conditions of the
GlobalTech East Inc. Privacy Policy, which is
incorporated herein by reference. Any products or
services ordered through GlobalTech East Inc. is
governed by the Terms and Conditions for Provision of
Products and Services, which is also incorporated herein
by this reference. GlobalTech East Inc. may revise these
Terms from time to time by posting a revised version on
the Site. YOUR CONTINUED USE OF THE SITE AFTER
GLOBALTECH EAST INC. ANY CHANGES WILL CONSTITUTE YOUR
ACCEPTANCE OF SUCH CHANGES.
Use of the Site
You may access and use the Site solely for your
personal, noncommercial use. Except as expressly
authorized hereunder, the Site may not be reproduced,
duplicated, copied, sold, resold, visited,
reverse-engineered or otherwise exploited for any
commercial purpose without our prior written
authorization. We reserve the right to alter or
discontinue the Site, in whole or in part, at any time
in our sole discretion.
Your Member Account
You may create a member account with GlobalTech East
Inc. by registering your name and creating a password.
You are responsible for safeguarding the confidentiality
of your username and password that you use to access
your member account on the Site. You agree not to
disclose your username or password to any third party.
YOU AGREE THAT YOU ARE SOLELY AND FULLY RESPONSIBILE FOR
ANY ACTIVITIES OR ACTIONS TAKEN UNDER YOUR ACCOUNT,
WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR
ACTIONS. You will immediately notify GlobalTech East
Inc. of any unauthorized use of your account.
Your Use of Site
Subject to and conditioned upon your compliance with
these Terms, GlobalTech East Inc. grants to you a
non-exclusive, non-transferable, limited right and
license, without right of sublicense, to access and use
the Site, including any images, text, graphics, sounds,
data, links and other materials incorporated into the
Site (other than your User Submitted Materials), solely
as made available by us and solely for your own personal
purposes. Except as expressly authorized by these Terms,
you may not use, reproduce, distribute, modify, transmit
or publicly display any portion of the Site without the
written consent of GlobalTech East Inc.. While using the
Site, you agree not to:
•Defame, abuse, harass, stalk, threaten or otherwise
violate the rights of others, including without
limitation others' privacy rights or rights of
publicity;
•Impersonate any person or entity or use any fraudulent,
misleading or inaccurate email address or other contact
information;
•Restrict or inhibit any other user from using the Site,
including, without limitation, by means of "hacking" or
defacing any portion of the Site;
•Violate any applicable laws or regulations;
•Upload to, transmit through, or display on the Site (a)
any material that is unlawful, fraudulent, threatening,
abusive, libelous, defamatory, obscene or otherwise
objectionable, or infringes our or any third party's
intellectual property or other rights; (b) any
confidential, proprietary or trade secret information of
any third party; or (c) any advertisements,
solicitations, chain letters, pyramid schemes,
investment opportunities or other unsolicited commercial
communication (except as otherwise expressly permitted
by us);
•Engage in spamming;
•Transmit any software or other materials that contain
any viruses, worms, trojan horses, defects, or other
destructive items;
•Modify, adapt, translate, distribute, reverse engineer,
decompile or disassemble any portion of the Site;
•Remove any copyright, trademark or other proprietary
rights notices contained in or displayed on any portion
of the Site;
If you fail to comply with the above rules, such failure
shall constitute a breach of these Terms, and, in
addition to any other rights or remedies we may have, we
may immediately terminate your access to and use of the
Site.
Copyright Policy
GlobalTech East Inc. respects the intellectual property
rights of others and expects users of the Site to do the
same. In accordance with the Digital Millennium
Copyright Act of 1998 (the "DMCA") (the text of which
may be found on the U.S. Copyright Office website at
http://lcweb.loc.gov/copyright/), it is GlobalTech East
Inc. policy to respond to notices of any actual or
alleged infringement and to terminate the accounts of
repeat infringers in appropriate circumstances.If you
believe in good faith that a work has been copied in a
way that constitutes an infringement of your copyright,
you should send a notice requesting that the material be
removed, or access to it blocked. The notice must
include the following: (i) a physical or electronic
signature of a person authorized to act on behalf of the
owner of an exclusive right that is alleged to be
infringed; (ii) identification of the copyrighted work
claimed to have been infringed; (iii) identification of
the material that is claimed to be infringing or the
subject of infringing activity, and information
reasonably sufficient to allow us to locate the material
on our Site; (iv) 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 (v) 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. If you believe in
good faith that a notice of copyright infringement has
been wrongly filed against you, the DMCA permits you to
send us a counter-notice. Any notice or counter-notice
should be sent to the GlobalTech East Inc. Designated
Copyright Agent at the following address:
GlobalTech East Inc.
Attention: Copyright Protection
P.O. Box 452
Island Heights, NJ 08732
Fax: 1-732-606-4470
E-mail: info@jolieinvites.com.
GlobalTech East Inc. Property
GlobalTech East Inc. and its licensors own all right,
title and interest, including all worldwide intellectual
property rights in the Site and all content thereon
other than User Supplied Material (described below) and
the copyrights, images, trademarks, and logos contained
therein and all intellectual property rights associated
therewith.. You agree you will not remove, alter or
conceal any copyright, trademark, or other proprietary
rights notices incorporated in or accompanying the Site
or related products and services. You agree not to
circumvent, disable or otherwise interfere with security
related features that prevent or restrict use or copying
of the Site or use, reproduce, modify, adapt, prepare
derivative works based on, reverse-engineer, perform,
display, publish, distribute, transmit, broadcast, sell,
license or otherwise exploit the Site or any part
thereof without the prior written permission of
GlobalTech East Inc.. This system or portions thereof
are covered by U.S. Patents Nos.
No Warranty
Your use of the Site is at your sole discretion and
risk. The Site and all materials, information, products
and services included therein, are provided on an "AS
IS" and "AS AVAILABLE" basis without warranties of any
kind. TO THE FULLEST EXTENT PERMISSIBLE AT LAW,
GLOBALTECH EAST INC. AND ITS AFFILIATES, DISTRIBUTORS,
PARTNERS, LICENSORS, ADVERTISERS, SPONSORS AND AGENTS
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS,
IMPLIED OR STATUTORY, RELATING TO THE SITE, INCLUDING
WITHOUT LIMITATION THE WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF
DEALING OR COURSE OF PERFORMANCE. Without limiting the
foregoing, GlobalTech East Inc. disclaims any
warranties: (a) regarding the security, accuracy,
reliability, timeliness and performance of the Site; (b)
regarding the goods, services, advice, information or
links provided by any third parties; (d) that the Site
will meet your requirements; or (d) that the Site will
be error-free or that any errors will be corrected. No
advice or information, whether oral or written, obtained
by you from GlobalTech East Inc., will create any
warranty not expressly stated in this Agreement.
Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW,
NEITHER GLOBALTECH EAST INC. NOR ANY OF ITS OFFICERS,
DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS,
REPRESENTATIVES, AFFILIATES, DISTRIBUTORS OR PARTNERS
SHALL BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER,
INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES,
RESULTING, ARISING OUT OF OR IN CONNECTION WITH THE SITE
(INCLUDING, WITHOUT LIMITATION, SUCH DAMAGES INCURRED BY
THIRD PARTIES, DAMAGES FOR LOSS OF BUSINESS, LOSS OF
PROFITS OR LOSS OF DATA), UNDER ANY CONTRACT,
NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, AND
WHETHER OR NOT THE DAMAGES ARE FORESEEABLE AND WHETHER
OR NOT GLOBALTECH EAST INC. HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR
DISSATISFACTION WITH THE SITE SHALL BE TO STOP USING THE
SITE.
Disclaimer
Some states or jurisdictions do not allow the exclusion
of certain warranties and/or limitation of liability.
Accordingly, some of the above exclusions and
limitations may not apply to you.
Materials Submitted by Customer
Any materials submitted by you including, without
limitation, photographs, images, text, graphics and
other materials (collectively, "User Submitted
Materials") are subject to the following terms and
conditions:
•You will retain ownership of such User Submitted
Materials, and you grant GlobalTech East Inc. and its
designees a worldwide, non-exclusive, transferable,
royalty-free, perpetual irrevocable right and license,
with right of sublicense (through multiple tiers), to
use, reproduce, distribute (through multiple tiers),
create derivative works of, and publicly display such
User Submitted Materials solely in connection with the
provision or production of any product or service by
GlobalTech East Inc..
•You represent and warrant that you own or otherwise
possess all necessary rights with respect to the User
Submitted Materials, and that your User Submitted
Materials do not and will not infringe, misappropriate,
use or disclose without authorization, or otherwise
violate any copyright, trade secret right or other
intellectual property or property right of any third
party, and that the User Submitted Materials are not
unlawful, fraudulent, threatening, abusive, libelous,
defamatory, obscene or otherwise objectionable.
•None of the Submissions will be subject to any
obligation whether of confidentiality, attribution or
otherwise, on our part or on the part of any of our
assignees, sublicensees or designees, and neither we or
our assignees, sublicensees or designees will be liable
for any use or disclosure of any such User Submitted
Materials.
•You agree that we may (but are not obligated to) filter
any User Submitted Materials (including, without
limitation, by deleting or replacing expletives or other
harmful or offensive language), alter or refuse to use
any User Submitted Materials (including, without
limitation, by suspending processing and shipping of any
order relating to any User Submitted Materials), and/or
disclose any User Submitted Materials and the
circumstances surrounding the use thereof, to any third
party in order to provide the applicable products or
services, to protect ourselves or our affiliates,
distributors, partners, licensors or other third
parties, to comply with legal obligations or
governmental requests, or for any other reason or
purpose.
•You agree to indemnify and hold GlobalTech East Inc.
and its directors, officers, shareholders, employees,
consultants, agents, representatives, affiliates,
distributors, partners, licensees, producers,
manufacturers, and third party users harmless from and
against any and all claims, liabilities, causes of
action, damages, losses and expenses (including, without
limitation, attorneys' fees) that arise directly or
indirectly out of or from: (i) your breach of these
Terms, any other agreement or terms of use with
GlobalTech East Inc., and any representation or warranty
contained herein or therein; (ii) your User Submitted
Materials; and/or (iii) your activities in connection
with obtaining any products or services from GlobalTech
East Inc..
Indemnification
You agree to defend, indemnify, and hold harmless
GlobalTech East Inc., its officers, directors,
shareholders, employees, agents, representatives,
affiliates, partners and distributors from and against
any and all claims, liabilities, causes of action,
damages, losses, and expenses, including, without
limitation, reasonable legal and expert fees, arising
out of or in any way connected with your access to or
use of the Site, any actions or activities in connection
with the Site, any actions or activities in connection
with your account, your violation of these Terms, or the
violation of any other terms and conditions of any other
agreements or terms to which you are bound with
GlobalTech East Inc.. You agree that GlobalTech East
Inc. may at any time, and without notice, suspend or
terminate your access to the Site if you fail to comply
with the Terms or applicable law.
Third Party Links
We may provide links to third-party websites or
resources from the Site. You acknowledge and agree that
we are not responsible or liable for the availability or
accuracy of, and GlobalTech East Inc. does not endorse,
such websites or resources or the content, products, or
services on or available from such websites or
resources. You assume all risks arising from your use of
any such websites or resources.
General Terms
These Terms constitute the entire agreement between
GlobalTech East Inc. and you with respect to your use of
the Site and supersede any prior or contemporaneous
agreements or understandings. These Terms may be
modified from time to time by GlobalTech East Inc., and
any use by you of the Site following such modification
shall be deemed your acceptance thereof. GlobalTech East
Inc. failure to enforce any right or provision in these
Terms shall not constitute a waiver of such right or
provision. If a court finds that one or more provisions
contained in these Terms is invalid, you agree that the
remainder of the Terms shall be enforceable. GlobalTech
East Inc. shall have the right to assign its rights
and/or delegate its obligations under these Terms, in
whole or in part, without restriction. These Terms shall
be governed by and construed in accordance with the laws
of the State of New Jersey, without regard to conflicts
of laws principles. Any disputes arising under or in
connection with these Terms shall be subject to the
exclusive jurisdiction of the state and federal courts
of the State of New Jersey. |
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