BuyWilkes.com Terms of Service Agreement
The BuyWilkes.com Personals
service is operated by Double Edge Technologies, Inc. By using the
BuyWilkes web site (the "Web site") you agree to be bound by these
Terms of Service (this "Agreement"). If you wish to become a Member and
communicate with other Members and make use of the Personals service
(the "Service"), read these Terms of Service and indicate your
acceptance of them by following the instructions in the
Sign Up page.
This Agreement sets out the legally binding terms of your use of the Web
site and your membership in the Service and may be modified by
BuyWilkes.com at any time and without prior notice, such modifications to
be effective upon posting by BuyWilkes.com on the Web site. This Agreement
includes BuyWilkes.com's acceptable use policy for content posted on the
web site, BuyWilkes.com's Privacy Policy, and any notices regarding the Web
site.
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Eligibility.
You must be eighteen or over to register as a member of BuyWilkes.com's Personals or
use the Web site. Membership in the Service is void where prohibited.
By using the Web site, you represent and warrant that you have the
right, authority, and capacity to enter into this Agreement and to
abide by all of the terms and conditions of this Agreement.
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Term.
This Agreement will remain in full force and effect while you use the
Web site and/or are a Member. You may terminate your membership at any
time, for any reason by following the instructions on the Cancel
Account page in My Account. BuyWilkes.com may terminate your
membership for any reason, at any time. Even
after membership is terminated, this Agreement will remain in effect.
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Non Commercial Use by Members.
The Web site is for the personal use of individual Members only and
may not be used in connection with any commercial endeavors.
Organizations, companies, and/or businesses may not become Members
and should not use the Service or the Web site for any purpose.
Passwords and compiled names, photos, links, and Web site content
are not to be transferred or copied from the Web site for use with
any other product or service. Illegal and/or unauthorized uses of
the Web site, including collecting usernames and/or email addresses
of members by electronic or other means for the purpose of sending
unsolicited email and unauthorized framing of or linking to the Web
site will be investigated, and appropriate legal action will be taken,
including without limitation, civil, criminal, and injunctive redress.
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Proprietary Rights in Content on BuyWilkes.com.
BuyWilkes.com owns and retains all proprietary rights in the Web site and
the Service. The Web site contains the copyrighted material, including
links and compilations of individual data, trademarks, and other
proprietary information of BuyWilkes.com, and its licensors. Except for
that information which is in the public domain or for which you have
been given written permission, you may not copy, modify, publish,
transmit, distribute, perform, display, or sell any such proprietary
information.
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Content Posted on the Site.
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You understand and agree that BuyWilkes.com may review and delete any
content, messages, photos or profiles (collectively, "Content")
that in the sole judgment of BuyWilkes.com violate this Agreement or
which might be offensive, illegal, or that might violate the
rights, harm, or threaten the safety of Members.
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Your profile must describe you, an individual person. Examples of
inappropriate profiles include, but are not limited to, profiles
that purport to represent an animal, place, inanimate object,
fictional character, or real individual who is not you.
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You are solely responsible for the Content that you publish or
display (hereinafter, "post") on the Service, or transmit to
other Members.
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By posting Content to any public area of BuyWilkes.com, you
automatically grant, and you represent and warrant that you have
the right to grant, to BuyWilkes.com an irrevocable, perpetual,
non-exclusive, fully paid, worldwide license to use, copy,
perform, display, and distribute such information and content and
to prepare derivative works of, or incorporate into other works,
such information and content, and to grant and authorize
sublicenses of the foregoing.
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The following is a partial list of the kind of Content that is
illegal or prohibited on the Web site. BuyWilkes.com reserves the
right to investigate and take appropriate legal action in its
sole discretion against anyone who violates this provision,
including without limitation, removing the offending
communication from the Service and terminating the membership of
such violators. It includes Content that:
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is patently offensive to the online community, such as Content
that promotes racism, bigotry , hatred or physical harm of
any kind against any group or individual;
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harasses or advocates harassment of another person;
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involves the transmission of "junk mail", "chain letters," or
unsolicited mass mailing or "spamming";
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promotes information that you know is false, misleading or
promotes illegal activities or conduct that is abusive,
threatening, obscene, defamatory or libelous;
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promotes an illegal or unauthorized copy of another person's
copyrighted work, such as providing pirated computer programs
or links to them, providing information to circumvent
manufacture-installed copy-protect devices, or providing
pirated music or links to pirated music files;
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contains restricted or password only access pages, or hidden
pages or images (those not linked to or from another
accessible page) ;
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displays pornographic or sexually explicit material of any
kind;
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provides material that exploits people under the age of 18 in
a sexual or violent manner, or solicits personal information
from anyone under 18;
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provides instructional information about illegal activities
such as making or buying illegal weapons, violating someone's
privacy, or providing or creating computer viruses;
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solicits passwords or personal identifying information for
commercial or unlawful purposes from other users; and
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engages in commercial activities and/or sales without our
prior written consent such as contests, sweepstakes, barter,
advertising, and pyramid schemes;
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solicits people you don't know to add you or accept you as a
friend on BuyWilkes.com.
Even though all of this is strictly prohibited, there is a small
chance that You might become exposed to such items and You
further waive Your right to any damages (from any party) related
to such exposure.
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You must use the Service in a manner consistent with any and all
applicable laws and regulations.
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You may not include in your Member profile any telephone numbers,
street addresses, last names, URLs or email addresses.
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You may not engage in advertising to, or solicitation of, other
Members to buy or sell any products or services through the
Service. You may not transmit any chain letters or junk email to
other Members. Although BuyWilkes.com cannot monitor the conduct of
its Members off the Web site, it is also a violation of these
rules to use any information obtained from the Service in order
to harass, abuse, or harm another person, or in order to contact,
advertise to, solicit, or sell to any Member without their prior
explicit consent. In order to protect our Members from such
advertising or solicitation, BuyWilkes.com reserves the right to
restrict the number of emails which a Member may send to other
Members in any 24-hour period to a number which BuyWilkes.com deems
appropriate in its sole discretion.
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Copyright Policy.
You may not post, distribute, or reproduce in any way any copyrighted
material, trademarks, or other proprietary information without
obtaining the prior written consent of the owner of such proprietary
rights.
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Member Disputes.
You are solely responsible for your interactions with other BuyWilkes.com
Members. Double Edge Technologies, Inc. reserves the right, but has no obligation,
to monitor disputes between you and other Members.
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Disclaimers.
BuyWilkes.com is not responsible for any incorrect or inaccurate Content
posted on the Web site or in connection with the Service, whether
caused by users of the Web site, Members or by any of the equipment or
programming associated with or utilized in the Service. BuyWilkes.com is
not responsible for the conduct, whether online or offline, of any
user of the Web site or Member of the Service. BuyWilkes.com assumes no
responsibility for any error, omission, interruption, deletion,
defect, delay in operation or transmission, communications line
failure, theft or destruction or unauthorized access to, or
alteration of, user or Member communications. BuyWilkes.com is not
responsible for any problems or technical malfunction of any
telephone network or lines, computer online systems, servers or
providers, computer equipment, software, failure of email or players
on account of technical problems or traffic congestion on the
Internet or at any web site or combination thereof, including injury
or damage to users and/or Members or to any other person's computer
related to or resulting from participating or downloading materials
in connection with the Web and/or in connection with the Service.
Under no circumstances will BuyWilkes.com be responsible for any loss or
damage, including personal injury or death, resulting from anyone's
use of the Web site or the Service, any Content posted on the Web
site or transmitted to Members, or any interactions between users of
the Web site, whether online or offline. The Web site and the
Service are provided "AS-IS" and BuyWilkes.com expressly disclaims any
warranty of fitness for a particular purpose or non-infringement.
BuyWilkes.com cannot guarantee and does not promise any specific results
from use of the Web site and/or the Service. The service may be
temporarily unavailable from time to time for maintenance or other
reasons. No advice or information, whether oral or written, obtained
by user from BuyWilkes.com or through or from the service shall create
any warranty not expressly stated herein.
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Limitation on Liability.
Except in jurisdictions where such provisions are restricted, in no
event will BuyWilkes.com be liable to you or any third person for any
indirect, consequential, exemplary, incidental, special or punitive
damages, including also lost profits arising from your use of the Web
site or the Service, even if BuyWilkes.com has been advised of the
possibility of such damages. Notwithstanding anything to the contrary
contained herein, BuyWilkes.com's liability to you for any cause
whatsoever, and regardless of the form of the action, will at all
times be limited to the amount paid, if any, by you to BuyWilkes.com
for the Service during the term of membership.
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Disputes.
If there is any dispute about or involving the Web site and/or the
Service, by using the Web site, you agree that the dispute will be
governed by the laws of the State of North Carolina without regard to its
conflict of law provisions. You agree to personal jurisdiction by and
venue in the state and federal courts of the State of North Carolina, City
of North Wilkesboro.
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Indemnity.
You agree to indemnify and hold BuyWilkes.com, its subsidiaries,
affiliates, officers, agents, and other partners and employees,
harmless from any loss, liability, claim, or demand, including
reasonable attorney's fees, made by any third party due to or arising
out of your use of the Service in violation of this Agreement and/or
arising from a breach of this Agreement and/or any breach of your
representations and warranties set forth above. If You are a
California resident, You waive California Civil Code Section 1542,
which says "A general release does not extend to claims which the
creditor does not know or suspect to exist in his favor at the time of
executing the release, which, if known by him must have materially
affected his settlement with the debtor."
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No Agency.
There is no agency, partnership, joint venture, employee-employer or
franchisor-franchisee relationship between Double Edge Technologies, Inc. and any User of
the Service.
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Other.
This Agreement, accepted upon use of the Web site and further affirmed
by becoming a Member of the Service, contains the entire agreement
between you and BuyWilkes.com regarding the use of the Web site and/or
the Service. The failure of BuyWilkes.com to exercise or enforce any
right or provision of these Terms of Service shall not constitute a
waiver of such right or provision. If any provision of this
Agreement is held invalid, the remainder of this Agreement shall
continue in full force and effect. The section titles in these Terms
of Service are for convenience only and have no legal or contractual
effect.
Please contact us with
any questions regarding this agreement.
BuyWilkes.com is a division of Double Edge Technologies, Inc.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED
ABOVE.