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WallPerformer.com - Terms and Conditions of Use
These Terms and Conditions of Use (“TOU”) apply to the WallPerformer web site
located at www.wallperformer.com (the “Site”). The Site is the property of
WallPerformer and this owners. It is administrated and operated by WallPerformer.
By using the Site, you agree to the ToU described below. The services that
WallPerformer provides to you are subject to these ToU. If you do not agree to
the TOU, do not access or use the Site
Acceptance of Terms.
These ToU govern your use of the Site and all services provided to you in
connection with the Site. If you do not agree to these TOU, do not register for
or access or use the Site. WallPerformer may modify or update these ToU at any
time at its sole discretion, without notice to you. The most current version of
the ToU can be reviewed by clicking on the "Terms of Use" hypertext link located
at the bottom of our Home Web page. Please check this area before using the Site
to determine whether a change has been made to these ToU. Each time you log on
to the Site, you will be deemed to have accepted any such changes, unless you
arrange to terminate your registration with the Site immediately (a) by
notifying WallPerformer of your unwillingness to accept the changes to the TOU;
and (b) by discontinuing your use of the Site. Your continued use of the Site
shall be construed as, and shall constitute your acceptance of any and all
changes in the terms and conditions set forth herein.
From time to time WallPerformer may supplement these ToU with additional Terms
pertaining to specific content or events ("Additional Terms"), which Additional
Terms may be placed on the Site to be viewed in connection with the specific
content or events and shall be identified as such. You understand and agree that
such Additional Terms are hereby incorporated by reference into this ToU.
Any rights not expressly granted by WallPerformer herein are expressly reserved.
All text, graphics, user interfaces, visual interfaces, logos, artwork and
computer code (collectively, “Content”), including but not limited to the
design, structure, “look and feel” and arrangement of such Content, contained on
the Site is owned, controlled or licensed by or to WallPerformer and/or its
suppliers, and is protected by copyright laws, and various other intellectual
property rights and unfair competition laws.
Except as expressly provided in these TOU, no part of the Site and no Content
may be imitated, copied, reproduced, republished, uploaded, posted, translated,
transmitted or distributed in any way to any other computer, server, Web site or
other medium for publication or distribution or for any commercial enterprise,
without WallPerformer's express prior written consent.
The documents and related graphics published on the Site could include technical
inaccuracies or typographical errors. Changes are periodically added to the
information herein. WallPerformer may make improvements and/or changes in the
product(s) and/or the program(s) and/or the services described herein at any
time. WallPerformer may make changes to the applicable prices for any such
products or services, at any time, without notice.
Notice specific to software available on this website.
Any software that is made available to download on the Site ("Software") is the
copyrighted work of WallPerformer and/or its suppliers. Use of the Software is
governed by the terms of the end user license agreement, if any, which
accompanies or is included with the Software ("License Agreement"). An end user
will be unable to install any Software that is accompanied by or includes a
License Agreement, unless he or she first agrees to the License Agreement terms.
The Software is made available for download solely for use by end users
according to the License Agreement. Any reproduction or redistribution of the
Software not in accordance with the License Agreement is expressly prohibited by
law, and may result in severe civil and criminal penalties. Violators will be
prosecuted to the maximum extent possible.
Without limiting the foregoing, copying or reproduction of the Software to any
other server or location for further reproduction or redistribution is expressly
prohibited.
For your convenience, WallPerformer may make available as part of the services
provides on the Site tools or utilities for use and/or download. PLEASE RESPECT
THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES
MADE AVAILABLE ON THE SITE OR IN WallPerformer SOFTWARE PRODUCTS.
Legal Notice and Disclaimer.
WallPerformer DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE
OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE
CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE,
THE DOWNLOADABLE FILES AND/OR SOFTWARE AND ALL THE CONTENT PUBLISHED ON THE SITE
ARE PROVIDED “AS-IS” AND “AS-AVAILABLE”, WITHOUT WARRANTY OF ANY KIND.
ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.
WallPerformer DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WITH
REGARD TO THE CONTENT AND/OR DOWNLOADABLE FILES AND/OR SOFTWARE, MADE AVAILABLE
FROM THE SITE, INCLUDING ALL WARRANTIES OF ACCURACY, TITLE AND NON-INFRINGEMENT,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WallPerformer DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND
CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE
SITE AND/OR ANY WallPerformer OR WallPerformer SERVICES. YOU ASSUME TOTAL
RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES.
Limitation of Liability.
IN NO EVENT SHALL WallPerformer BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM OR IN
CONNECTION WITH THE USE OR PERFORMANCE OF THE CONTENT AND/OR DOWNLOADABLE FILES
AVAILABLE ON THE SITE, THE USE OR THE INABILITY TO USE THE SITE OR FOR THE COST
OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, USE, DATA, OPPORTUNITIES, OR OTHER INTANGIBLES, WHETHER IN AN ACTION OF
CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF WallPerformer HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Member account, password, and security.
Although portions of WallPerformer's site may be viewed simply by visiting the
Site, in order to access the e-commerce site and/or receive additional services
from WallPerformer you may need to open an account (including setup of username
and password) or register as a member of the Site. To open an account, you must
complete the registration process by providing us with current, complete and
accurate information as prompted by the applicable registration form. You are
entirely responsible for maintaining the confidentiality of your password and
account. Furthermore, you are entirely responsible for any and all activities
that occur under your account. You agree to notify WallPerformer immediately of
any unauthorized use of your account or any other breach of security.
WallPerformer will not be liable for any loss that you may incur as a result of
someone else using your password or account, either with or without your
knowledge. However, you could be held liable for losses incurred by
WallPerformer or another party due to someone else using your account or
password. You may not use anyone else's account at any time, without the express
permission and consent of the account holder.
Your use of the Site
You may not access, acquire, copy or monitor any portion of the Site or any
Content, or in any way reproduce or circumvent the navigational structure or
presentation of the Site or any Content, to obtain or attempt to obtain any
materials, documents or information through any means not intentionally made
available through the Site.
You may not attempt to gain unauthorized access to any portion or feature of the
Site, or any other systems or networks connected to the Site or to any
WallPerformer server, or to any of the services offered on or through the Site,
by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network
connected to the Site, nor breach the security or authentication measures on the
Site or any network connected to the Site. You may not reverse look-up, trace or
seek to trace any information on any other user of or visitor to the Site, or
any other customer of WallPerformer, including any WallPerformer or
WallPerformer account not owned by you, to its source, or exploit the Site or
any service or information made available or offered by or through the Site, in
any way where the purpose is to reveal any information, including but not
limited to personal identification or information, other than your own
information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or
disproportionately large load on the infrastructure of the Site or
WallPerformer's systems or networks, or any systems or networks connected to the
Site or to WallPerformer.
You agree not to use any device, software or routine to interfere or attempt to
interfere with the proper working of the Site or any transaction being conducted
on the Site, or with any other person's use of the Site.
You may not use the Site or its related services in any manner that could
damage, disable, or impair any WallPerformer server, or the network(s) connected
to any WallPerformer server, or interfere with any other party's use and
enjoyment of the Site and its related services.
You may not forge headers or otherwise manipulate identifiers in order to
disguise the origin of any message or transmittal you send to WallPerformer on
or through the Site or any service offered on or through the Site. You may not
pretend that you are, or that you represent, someone else, or impersonate any
other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or
prohibited by these TOU, or to solicit the performance of any illegal activity
or other activity which infringes the rights of WallPerformer or others.
Additionally, by using the Site, you acknowledge and agree that Internet
transmissions are never completely private or secure. You understand that any
message or information you send to the Site may be read or intercepted by others,
even if there is a special notice that a particular transmission (for example,
credit card information) is encrypted.
WallPerformer reserves the right at all times to disclose any information as
WallPerformer deems necessary to satisfy any applicable law, regulation, legal
process or governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, in WallPerformer's sole
discretion.
Violation of these ToU.
If WallPerformer does take any legal action against you as a result of your
violation of these TOU, WallPerformer will be entitled to recover from you, and
you agree to pay, all reasonable attorneys' fees and costs of such action, in
addition to any other relief granted to WallPerformer. You agree that
WallPerformer will not be liable to you or to any third party for termination of
your access to the Site as a result of any violation of these ToU.
Miscellaneous
If any of the provisions of these ToU are held by a court or other tribunal of
competent jurisdiction to be void or unenforceable, such provisions shall be
limited or eliminated to the minimum extent necessary and replaced with a valid
provision that best embodies the intent of these TOU, so that these ToU shall
remain in full force and effect.
You agree that all matters relating to your access to or use of the Site,
including all disputes, will be governed by the laws of Delaware, USA. You agree
to the personal jurisdiction by and venue in the Delaware, USA, and waive any
objection to such jurisdiction and venue.
Feedback and Information.
Any feedback you provide at this site shall be deemed to be non-confidential.
WallPerformer shall be free to use such information on an unrestricted basis.
Unsolicited Idea submission policy.
WallPerformer or any of its employees do not accept or consider unsolicited
ideas, including ideas for advertising campaigns, promotions, new products or
technologies, processes, marketing plans or product names. Please do not send
your unsolicited ideas to WallPerformer or anyone at WallPerformer. If despite
our request that you not send us ideas and materials, you still send them,
please understand that WallPerformer makes no assurances that your ideas and
material will be treated as confidential or proprietary.
Links to Third Party Sites.
The links to third parties which may be contained within this Site will allow
you to leave the Site. The sites that are linked to WallPerformer's site and
WallPerformer's software are not under the control of WallPerformer.
WallPerformer is not, and shall not be, held responsible for the contents, in
any way or form, of any linked site or of any link contained in a linked site,
or any changes or updates to such sites. WallPerformer provides these links only
as a convenience to you, the user of the website; and the inclusion of any link
does not imply endorsement by WallPerformer of the linked site.
Copyright notice.
Copyright © 2006-2007 Humanide World LLC, Delaware, USA.
All rights reserved.
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