USER AGREEMENT
("Agreement")
ACCEPTANCE OF TERMS THROUGH USE
By
using this site, you ("User") signify your agreement to
these terms and conditions. If you do not agree to this
Agreement please do not use this site.
Please
check this Agreement periodically for changes as the owner
of this site Activa International Limited reserves the right
to revise this Agreement and your continued use of this site
following the posting of any changes to the Agreement
constitutes acceptance of such changes. The Company reserves
the right to terminate a User's use of this site at any time
without notice and may do so for any breach of this
Agreement or the instructions on this site by User. This
Agreement applies to licensors and advertisers as well.
YOU
MUST BE OVER 18 TO AGREE TO THIS AGREEMENT AND USE THIS SITE
This
Agreement must be completed, understood and agreed to by a
person over 18. If a parent or guardian wishes to permit a
person under 18, and under his or her supervision, to use
this site, he or she should email the Company with his or
her explicit permission and acceptance of full legal
responsibility for the minor to do so. If you are not yet
18, if you are easily offended, or are accessing this site
from any country where material on this site is prohibited
or illegal, please leave now as you do not have permission
to access this site.
LICENSE TO USE THIS SITE
Upon
your agreement to this Agreement, the Company hereby grants
you a non-exclusive, non-transferable limited license to use
this site in strict accordance with the terms and conditions
in this Agreement and as permitted via instructions on this
site. You agree not to make any false or fraudulent
statements in your use of or to gain access to this site.
You acknowledge and agree that all content and services
available on this site are property of the Company and its
advertisers and licensors and are protected by copyrights,
moral rights, trademarks, service marks, patents, trade
secrets, and other proprietary rights and laws, in the U.S.
and internationally. All rights not expressly granted herein
are fully reserved by the Company, its advertisers and
licensors.
LICENSE RESTRICTIONS
Use
Except
as may be explicitly permitted through this site, you agree
not to save, download, cut and paste, sell, license, rent,
lease, modify, distribute, copy, reproduce, transmit,
publicly display, publicly perform, publish, adapt, edit, or
create derivative works from materials, code or content on
or from this site. Systematic retrieval of data or other
content from this site to create or compile, directly or
indirectly, a collection, compilation, database or directory
without written permission from the Company is prohibited.
In addition, use of the content or materials for any purpose
not expressly permitted in this Agreement is prohibited.
Security
You
agree that if you are issued a Username and Password by the
Company, you shall use your best efforts to prevent access
to this site through your Username and Password by anyone
other than yourself, including but not limited to, keeping
such information strictly confidential, notifying the
Company immediately if you discover loss or access to such
information by another party not under your control and
supervision, and by using a Username and Password not easily
guessed by a third party.
You
agree that you shall not try to reverse engineer, reverse
assemble, reverse compile, decompile, disassemble, translate
or otherwise alter any executable code, contents or
materials on or received via this site. You understand that
such actions are likely to subject you to serious civil and
criminal legal penalties and that the Company shall pursue
such penalties to the full extent of the law to protect its
rights and the rights of its other licensors.
International Users
Accessing this site, and services, products or contents
available on this site, except as expressly allowed through
instructions and truthful statements by the User in regard
to use of this site, from places outside the U.S. or where
their contents are illegal, is prohibited. Those who choose
to access this site from other locations do so knowingly on
their own initiative and voluntarily at their own risk and
are responsible for compliance with local laws. None of the
information on this site may be downloaded, exported or
reexported into Iran, Iraq, Syria, Libya, Sudan, Cuba, North
Korea, Yugoslav Republic (Serbia and Montenegro), Rwanda,
Nigeria or any other country with restrictions imposed by
the U.S. Government. By using this site, you agree that you
are not a citizen of or a resident in any of these
countries.
Export
You
agree that you shall comply with all applicable export and
import control laws and regulations in your use of this
site, or materials or services received through this site,
and, in particular, you shall not export or re-export
anything on or received through this site in violation of
local or foreign export laws and/or without all required
U.S. and foreign government licenses.
Government Use.
If you
are a branch or agency of the U.S. Government, the following
provision applies. This site, code, contents, services and
accompanying documentation are comprised of "commercial
computer software" and "commercial computer software
documentation" as such terms are used in 48 C.F.R. 12.212
(SEPT 1995) and are provided to the Government (i) for
acquisition by or on behalf of civilian agencies, consistent
with the policy set forth in 48 C.F.R. 12.212; or (ii) for
acquisition by or on behalf of units of the Department of
Defense, consistent with the policies set forth in 48 C.F.R.
227.7202-1 (JUN 1995) and 227.7202-3 (JUN 1995). Unpublished
rights reserved under the copyright laws of the United
States.
USER'S
LICENSE GRANT TO SITE
Except
with regard to personal information, all information which
you post on this site or communicate to the Company through
this site (collectively "Submissions") shall forever be the
property of the Company. You agree to the Site Submission
Rules found below as part of this Agreement if provided on
the site by the Company. The Company shall not treat any
submission as confidential and shall not incur any liability
as a result of any similarities that may appear in future
Company services or products. Without limitation, the
Company shall have exclusive ownership of all present and
future existing rights to any Submission of every kind and
nature everywhere. You acknowledge that you are fully
responsible for the message, including its legality,
reliability, appropriateness, originality and copyright. You
hereby represent and warrant that your Submission does not
infringe the rights of any third party.
TRADEMARKS
The
Company's, licensors' or other third party materials,
services or products referenced on this site are common law
or registered trade marks or service marks of such parties.
THIRD
PARTY SITES
You
may be transferred to online merchants or other third party
sites through links or frames from this site. You are
cautioned to read such sites' Terms and Conditions and/or
Privacy Policies before using such sites in order to be
aware of the terms and conditions of your use of such sites.
These sites may contain information or material that is
illegal, unreasonable or that some people may find
inappropriate or offensive. These other sites are not under
the control of the Company, are not monitored or reviewed by
the Company, and the Company is not aware of the contents of
such sites. You acknowledge that the Company is not
responsible for the accuracy, copyright compliance,
legality, decency, or any other aspect of the contents or
any transmissions received through such sites. The inclusion
of such a link or frame does not imply endorsement of this
site by the Company, its advertisers or licensors, any
association with its operators and is provided solely for
your convenience. You agree that the Company and its
licensors have no liability whatsoever from such third party
sites and your usage of them.
DISCLAIMER OF WARRANTIES
THE
COMPANY, ITS ADVERTISERS AND LICENSORS MAKE NO
REPRESENTATIONS OR WARRANTIES ABOUT THIS SITE, THE
SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED
THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS
RECEIVED THROUGH THIS SITE. ALL INFORMATION AND USE OF THIS
SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE
COMPANY, ADVERTISERS AND/OR ITS LICENSORS HEREBY DISCLAIM
ALL WARRANTIES WITH REGARD TO THIS SITE, THE INFORMATION
CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE AND ANY
SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE, INCLUDING
ALL EXPESS, STATUTORY, AND IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. THE COMPANY, ADVERTISERS AND/OR ITS
LICENSORS DO NOT WARRANT THAT THE CONTENTS OR ANY
INFORMATION RECEIVE THROUGH THIS SITE ARE ACCURATE, RELIABLE
OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY
PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL
BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION
RECEIVED THROUGH THIS SITE IS FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR
RISK. USER AGREES THAT IT HAS RELIED ON NO WARRANTIES,
REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT.
BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF
CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU
BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OF
YOUR JURISDICTION.
LIMITATION OF LIABILITY
UNDER
NO CIRCUMSTANCES SHALL THE COMPANY, ADVERTISERS AND/OR ITS
LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT
FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THIS
SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE
OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH
THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED
LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY,
ADVERTISERS AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, THE COMPANY, ADVERTISERS AND/OR ITS
RESPECTIVE LICENSORS' LIABILITY IN SUCH JURISDICTIONS SHALL
BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR
JURISDICTION.
INDEMNIFICATION
You
agree to defend, indemnify, and hold harmless the Company,
its advertisers, licensors, subsidiaries and other
affiliated companies, and their employees, contractors,
officers, agents and directors from all liabilities, claims,
and expenses, including attorney's fees, that arise from
your use of this site, or any services, information or
products from this site, or any violation of this Agreement.
The Company reserves the right, at it own expense, to assume
the exclusive defense and control of any matter otherwise
subject to indemnification by you, in which event you shall
cooperate with the Company in asserting any available
defenses.
LEGAL
COMPLIANCE
Company may suspend or terminate this Agreement or User's
use immediately upon receipt of any notice which alleges
that User has used this site for any purpose that violates
any local, state, federal or law of other nations, including
but not limited to the posting of information that may
violate third party rights, that may defame a third party,
that may be obscene or pornographic, that may harass or
assault others, that may violate hacking or other criminal
regulations, etc. of its agents, officers, directors,
contractors or employees. In such event, Company may
disclose the User's identity and contact information, if
requested by a government or law enforcement body or as a
result of a subpoena or other legal action, and Company
shall not be liable for damages or results thereof and User
agrees not to bring any action or claim against Company for
such disclosure.
CHOICE
OF LAW AND FORUM
This
site (excluding third party linked sites) is controlled by
the Company from its offices within the UK. It can be
accessed from all 50 states of the USA as well as from other
countries around the world to the extent permitted by site.
As each of these places has laws that may differ from UK, by
accessing this site, both you and the Company agree that the
statues and laws of the UK shall apply to any actions or
claims arising out of or in relation to this Agreement or
your use of this site, without regard to conflicts of laws
principles thereof. You and the Company also agree and
hereby submit to the filing of any claim only in the
exclusive personal jurisdiction and venue of the UK and any
legal proceedings shall be conducted in English. The Company
makes no representation that materials on this site are
appropriate or available for use in other locations, and
accessing them from territories where their contents are
illegal is prohibited. This Agreement shall not be governed
by the United Nations Convention on Contracts for the Sale
of Goods.
CLAIMS
OR REPRESENTATIONS
EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THIS
PRODUCT AND IT'S POTENTIAL. EVEN THOUGH THIS INDUSTRY IS ONE
OF THE FEW WHERE ONE CAN WRITE THEIR OWN CHECK IN TERMS OF
EARNINGS, THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY
USING THE TECHNIQUES AND IDEAS IN THESE MATERIALS. EXAMPLES
IN THESE MATERIALS ARE NOT TO BE INTERPRETED AS A PROMISE OR
GUARANTEE OF EARNINGS. EARNING POTENTIAL IS
ENTIRELYDEPENDENT ON THE PERSON USING OUR PRODUCT, IDEAS AND
TECHNIQUES. WE DO NOT PURPORT THIS AS A “GET RICH SCHEME.”
ANY CLAIMS MADE OF ACTUAL EARNINGS OR EXAMPLES OF ACTUAL
RESULTS CAN BE VERIFIED UPON REQUEST. YOUR LEVEL OF SUCCESS
IN ATTAINING THE RESULTS CLAIMED IN OUR MATERIALS DEPENDS ON
THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES
MENTIONED, YOUR FINANCES, KNOWLEDGE AND VARIOUS SKILLS.
SINCE THESE FACTORS DIFFER ACCORDING TO INDIVIDUALS, WE
CANNOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL. NOR ARE WE
RESPONSIBLE FOR ANY OF YOUR ACTIONS.
MATERIALS IN OUR PRODUCT AND OUR WEBSITE MAY CONTAIN
INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING
STATEMENTS WITHIN THE MEANING OF THE SECURITIES LITIGATION
REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE OUR
EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY
THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE
STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH
AS “ANTICIPATE,” “ESTIMATE,” “EXPECT,” “PROJECT,” “INTEND,”
“PLAN,” “BELIEVE,” AND OTHER WORDS AND TERMS OF SIMILAR
MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL
EARNINGS OR FINANCIAL PERFORMANCE.
ANY AND ALL FORWARD LOOKING STATEMENTS HERE OR ON ANY OF
OUR SALES MATERIAL ARE INTENDED TO EXPRESS OUR OPINION OF
EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN
DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE
THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY
ELSES, IN FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE
ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIAL.
MISCELLANEOUS
This
Agreement incorporates by reference the Site Submission
Rules if this site allows posting and posts such Rules. This
Agreement constitutes the entire agreement between the
parties related to the subject matter thereof, supersedes
any prior or contemporaneous (oral, written or electronic)
agreement between the parties and shall not be changed
except by written agreement signed by an officer of the
Company. If any provision of this Agreement is prohibited by
law or held to be unenforceable, the remaining provisions
hereof shall not be affected, and this Agreement as much as
possible under applicable law shall continue in full force
and effect as if such unenforceable provision had never
constituted a part hereof and the unenforceable provision
shall be automatically amended so as to best accomplish the
objectives of such unenforceable provision within the limits
of applicable law. User shall not assign or transfer this
Agreement and any such transfer shall be void.
Site
Submission Rules
By using
features of this site that allow you to post or otherwise
transmit information to or through this site, or which may
be seen by other users, you agree that you shall not upload,
post, or otherwise distribute or facilitate distribution of
any content -- including text, communications, video,
software, images, sounds, data, or other information --
that:
" is
unlawful, threatening, abusive, harassing, defamatory,
libelous, deceptive, fraudulent, invasive of another's
privacy, tortious, obscene, sexually explicit or graphic, or
otherwise in violation of this site's rules or policies;
" victimizes, harasses, degrades, or intimidates an
individual or group of individuals on the basis of religion,
gender, sexual orientation, race, ethnicity, age, or
disability;
" infringes any patent, trade mark, service mark, trade
secret, copyright, moral right, right of publicity, privacy
or other proprietary right of any party;
" constitutes unauthorized or unsolicited advertising, junk
or bulk e-mail (also known as "spamming"), chain letters,
any other form of unauthorized solicitation, or any form of
lottery or gambling;
" contains software viruses or any other computer code,
files, or programs that are designed or intended to disrupt,
damage, or limit the functioning of any software, hardware,
or telecommunications equipment or to damage or obtain
unauthorized access to any data or other information of any
third party; or
" impersonates any person or entity, including any employee
or representative of this site, its licensors or
advertisers.
You
also agree that you shall not harvest or collect information
about the users of this site or use such information for the
purpose of transmitting or facilitating transmission of
unsolicited bulk electronic e-mail or communications for any
other commercial purpose of your own or a third party.
You
further agree that you shall not solicit or collect
information, or attempt to induce any physical contact with,
anyone 18 years old or younger without appropriate prior
verifiable express parental consent.
This
site generally does not pre-screen, monitor, or edit the
content posted by users of this site. However, this site and
its agents have the right, at their sole discretion, to
remove any content that, in this site's sole judgment, does
not comply with the Site Submission Rules or is otherwise
harmful, objectionable, or inaccurate. This site is not
liable for any failure, delay, damages or results, in
removing such content.
You
agree that your use of this site may be suspended or
terminated immediately upon receipt of any notice which
alleges that you have used this site in violation of these
Rules and/or for any purpose that violates any local, state,
federal or law of other nations, including but not limited
to the posting of information that may violate third party
rights, that may defame a third party, that may be obscene
or pornographic, that may harass or assault others, that may
violate hacking or other criminal regulations, etc. of its
agents, officers, directors, contractors or employees. In
such event, you agree that the owner of this site may
disclose your identity and contact information, if requested
by a government or law enforcement body or as a result of a
subpoena or other legal action, and the owner of this site
shall not be liable for damages or results thereof, and you
agree not to bring any action or claim against the owner of
this site for such disclosure.
This site reserves the right to revise these Site Submission
Rules at its discretion, so check back from time to time to
be sure you are complying with the current version.