All rights reserved. The material on this site may not be duplicated in any fashion and may not be distributed, publicly performed, proxy cached or otherwise used, except with the prior express permission of Tri-Tech Internet Services, Inc. Copyright © Tri-Tech Internet Services, Inc.
Trademark Statement
UGAS, Cybersexnetwork are trademarks of Tri-Tech Internet Services, Inc., all pending or registered in U.S. Patent and Trademark Office.
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Disclaimers
Regarding Sites listed with http://www.UGAS.com:
The web pages that you may have access to from the http://www.UGAS.com website may contain adult sexually-oriented material that is intended solely for responsible, consenting adults who are fully aware of the nature of the content they are accessing. If you are under the age of 18 years, or under 21 years of age in places where 18 years is not the age of majority, YOU ARE NOT PERMITTED to access or view the web pages of UGAS.com.
UGAS.com and Tri-Tech Internet Services, Inc., do not control the content which may be freely accessed and viewed on the Home Page and Visitor sections of referral websites. Consequently, neither UGAS.com nor Tri-Tech Internet Services, Inc. makes any representation or warranty regarding the suitability of these web pages for persons who are not adults or who do not wish to view sexually-oriented materials.
As a precautionary matter, you are hereby WARNED that the web pages of the referring websites you may view could contain explicit images, text, graphics, sounds, illustrations, or descriptions of nudity and sexual activity. If you are under the age of 18 years (or under 21 years of age in places where 18 years is not the age of majority), or if you are an adult and do not wish to view explicit adult material of a sexually-oriented nature, then you should not access these web pages.
Before accessing any web pages on UGAS.com YOU MUST READ AND AGREE TO EACH OF THE PROVISIONS OF THE "PERSONAL STATEMENT OF VIEWER" LISTED BELOW. PLEASE READ EACH PARAGRAPH CAREFULLY BECAUSE YOU WILL BE REQUIRED TO AGREE TO AND AFFIRM EACH STATEMENT.
PERSONAL STATEMENT OF VIEWER
- I represent and affirm that I am at least 18 years old, or 21 years old in jurisdictions where 21 is the age of legal majority, and that I have the legal right to access and view explicit adult material of sexually-oriented adult nature over the Internet.
- I understand the laws of the community where I am accessing or viewing this material, or into which I am downloading this sexually-oriented adult material for my own personal use, and I represent, based upon my personal knowledge and familiarity with the standards of this community, that the sexually-oriented adult material which I have chosen to access, view and/or download is well within the contemporary community standards of acceptance and tolerance of this community.
- I represent and agree that I will not provide access to any of the sexually-oriented adult materials in these web pages to any persons under 18 years old or to any persons under the age of 21 in jurisdictions where 21 is the age of legal majority.
- I represent that I knowingly, deliberately and voluntarily have chosen to view, access, read and/or hear the explicit sexually-oriented content that may be present on these web pages because I wish to do so.
- I represent that I personally do not find it offensive or objectionable to view, read and/or hear sexually-oriented adult content dealing with, or containing explicit depictions of nudity or sexual activity.
- In the event that any materials contained in these web pages offend me, I represent and agree that I will exit from those web pages immediately.
- I represent and agree that I will follow all standards and laws that apply to me.
- I agree that I will not hold Tri-Tech Internet Services, Inc., or UGAS.com responsible for my viewing or accessing of any materials contained on the UGAS.com website.
- I UNDERSTAND AND AGREE THAT THE USE, ACCESSING AND VIEWING OF MATERIALS ON THE UGAS.COM WEBSITE IS ENTIRELY AT MY OWN RISK. I FURTHER UNDERSTAND AND AGREE THAT THE UGAS.COM SITE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE DISCLAIMED BY Tri-Tech Internet Services, Inc. or UGAS.com. UNDER NO CIRCUMSTANCES SHALL Tri-Tech Internet Services, Inc. or UGAS.com BE HELD LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF THE SITE OR THE SERVICES AVAILABLE THEREIN. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, AND EXEMPLARY DAMAGES (EVEN IF Tri-Tech Internet Services, Inc. or UGAS.com OR THE OTHER PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
- In order to prevent or limit your children's access to material that is inappropriate for minors, you acknowledge that you hereby have been advised by UGAS.com and Tri-Tech Internet Services, Inc., that a number of parental control protections (such as computer hardware, software, and filtering services) are commercially available to you. For more information on such parental control protections, click on the following link: my.lycos.com/safetynet/safetynet.asp.
- I represent that I have reviewed and understand all of the representations set forth in this Personal Statement.
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Custodian of Records
18 U.S.C. 2257 Compliance Notice:
All models, actors, actresses and other persons that appear in any visual depiction of actual sexual conduct appearing or otherwise contained in UGAS.com (the “website”) were over the age of eighteen years at the time of the creation of such depictions. All other visual depictions displayed on this website are exempt from the provision of 18 U.S.C. 2257 and 28 C.F.R. 75 because any of said visual depictions which appear to be of sexually explicit conduct are merely simulated. With respect to all visual depictions displayed on this website, whether of actual sexual conduct, simulated sexual content or otherwise, all persons in said visual depictions were at least 18 years of age when said visual depictions were created.
The owners and operators of this Website are not the primary producer (as that term is defined in 18 USC section 2257) of any of the visual content contained in the Website. The custodian of records for this Website is:
Anthony Castrilli
Custodian of Records
Tri-Tech Internet Services, Inc.
300 W. Colorado Blvd.
Pasadena, Ca. 91105
Please direct questions pertaining to content on this Website to:
custodian@Cyberage.com
The records required pursuant to 18 U.S.C. 2257 and 28 C.F.R. 75 are kept by the Custodian of Records for UGAS.com. The Custodian of Records for all materials are:
Matrix Content
23403 Lake Manor Drive
Chatsworth, California 91311
Contact: Lisa Fernandez 818-887-8960
David Lace Studios
8841 Exposition Blvd.
Culver City, California 90232
Contact: David Lace 310-559-2355
Ounique, Inc.
1626 North Wilcox Avenue Suite 178
Hollywood, California 90028
Contact: Don Mike 323.461.3310
Data Imaging
2111 E. Burnside Ste 100 P.O. Box 13304
Portland, Oregon 97213-0304
Contact: Dan Lee (503)232-3135
John Flanagan
M.I.A.M.I. Studios:
3864 5th Avenue Suite I,
San Diego CA 92103
Brian H. Gillis
Men of Steel, Inc.
840 Yonge Street (Second Floor),
Toronto, Canada, M4Y 2H1
Ian Duncan
Intercan Media Dessign Inc.
765 rue Beaubien Est Suite 135
Montreal, QC H2S 1S8
Brian H. Gillis
Men of Steel, Inc.
840 Yonge Street (Second Floor),
Toronto, Canada, M4Y 2H1
Jacob Parrish
Parrish/Stanley Inc.
1779 Wood Trail St.
Tarpon Springs, FL 34689
Phil Montgomery
Entertainment Network, Inc.
412 East Madison Street,
Tampa, Fl 33602
Andy Fair
Electroworks Corporation,
80 Eighth Avenue,
Suite 1502,
New York, New York 10011
Pramron Company Limited
Thekalis Lysioti 35
Limassol, 3030 Cyprus
Michael Johnson
9718 Glen Oaks Blvd
Sun Valley, CA 91352
David Koenig
23241 Ventura Blvd. #217
Woodland Hills, CA 91364
C/O Eduardo de la Cruz
Ifeeds AVV
Ave Balboa, Balboa Point Building, 6th floor
Panama City, Panama
Barry Thorsen
Brad Eriksen Photography
4534 Georgia Street #6
San Diego, CA 92116
Aaron Kline
1150 NE 34th Court
Fort Lauderdale, FL 33334
Gaston A. Courvoisier
Marcelo T. Alvear 1467,
Capital Federal, Buenos Aires,
Argentina 1060
Shelly Kingsley
6895 E Lake Mead Blvd #A6-188
Las Vegas NV 89156
Danielle Borgarth-Montassier
Agencia Foto Arte
Rua Guilherme Marconi 80/Apt. s504
Fatima - Rio de Janeiro, RJ,
CEP 20240-180, Brasil
Henry Ercolani
293 Molino Ave
Long Beach, CA 90803
Richard Oliver
2718 Yellow Point Road
Ladysmith, B.C. Canada V9G 1E1
John Flanagan,
M.I.A.M.I. Studios,
3864 5th Avenue Suite I,
San Diego CA 92103
Barry Thorsen
Brad Eriksen Photography
4534 Georgia Street #6
San Diego, CA 92116
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Privacy Statement for UGAS.COM
UGAS.com has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses our information-gathering and dissemination practices for this site.
Our site occasionally uses an order form for customers to request information, products and services. We collect visitors' contact information (like their email address) and financial information (like their account or credit card numbers). Contact information from the order form is used to send orders, information about our company and promotional material from some of our partners to our customers. The customer's contact information is also used to get in touch with the visitor when necessary. Users may also unsubscribe from future mailings and billing. Financial information that is collected is used to bill the user for products and services only. .
On the UGAS.com pages, Users may sign up for the free weekly email newsletter simply by providing their email address in the box provided. Before you actually receive the newsletter, you will be sent a confirmation email requiring you to reply and confirm that you wish to be added to the mailing list. If you do not respond, you will not be added to the subscriber list. Active subscribers to the free site newsletter may unsubscribe at any time by http://www.UGAS.com/newsletter.html and re-entering your E-mail and checking the unsubscribe box.
From time to time, products and services that may be of value to you will be offered by third parties interested in your business. UGAS.com contains links to other related World Wide Web Internet sites, resources and sponsors of UGAS.com. Selection of an ad banner or link redirects User off of UGAS.com to a third party. Transactions that occur between the User and the third party are strictly between the User and the third party and are not the responsibility of UGAS.com. Because UGAS.com is not responsible for the availability of these outside resources or their privacy policy or content, User should direct any concerns to its site administrator or Webmaster.
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Unsubscribe/account status/Deactivate:
Active subscribers to the free site newsletter may unsubscribe at any time by http://www.UGAS.com/newsletter.html and re-entering your E-mail and checking the unsubscribe box.
To Contact us: Within The US and Canada call:1-800-969-5577
Others call:626 229-7900
Fax:626-229-9329
For Account Status Click Here
To Cancel Platinum Membership Click Here
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UGAS.Com Membership Agreement
YOU MUST READ AND AGREE to the terms and conditions of this Membership Agreement (the “Agreement”) before You can become an active member of UGAS, and receive a UGAS access ID. By applying for a UGAS Membership ID you agree to the terms and conditions set forth in this Membership Agreement. These terms and conditions will continue in effect throughout your membership and after any termination, cancellation or expiration. Please read each of these terms and conditions carefully because they will be legally binding on you if you chose to obtain a UGAS ID. The parties to this Agreement are You, the Member (hereafter “You”, “Your” or “Member”), and TRI-TECH INTERNET, INC. (hereafter the "Company"), the owner of UGAS.
1. Member acknowledges, represents and warrants that, acceptance of the benefits, rights and privileges afforded to Member by the UGAS Membership are fair and adequate consideration to contractually bind the Member to the terms and conditions herein set forth and as may, from time to time, be amended.
2. Member acknowledges and is aware that upon approval of a UGAS Application, the applicant becomes a UGAS member (subject to all the terms and conditions set forth herein) and shall obtain a UGAS Membership ID which will, for the period of time for which the Member has enrolled and for which Member has paid, enable the Member to access UGAS.com. All representations, warranties, acknowledgements and agreements by Member, as set forth in this Agreement, shall continue in force throughout the term of the UGAS membership.
5. Member acknowledges and is aware that the use of the UGAS Membership ID will permit the Member to access web sites which may contain materials that are not suitable for minors including, but not limited to, sexually explicit adult oriented materials, depictions and descriptions of graphic nudity, simulated or actual sexual acts, auto eroticism and homosexuality (herein referred to as “Materials”).
6. Member acknowledges that he or she is aware of the following: that all materials including messages and other communications contained in the web sites are intended for distribution exclusively to consenting adults in locations where the materials, messages and other communications contained within or accessible through the adult web sites do not violate any community standards or any federal, state or local law or regulation of the United States or any other country. No person under the age of eighteen (18) or twenty-one in places were eighteen years of age is not the age of majority, may directly or indirectly view or possess any of the contents of the web sites, or place any orders for goods or services advertised at, or in the web site.
7. Member hereby acknowledges and represents that he or she knows and understands that the materials presented at, or accessible from the adult web sites include explicit visual, audio and textual depictions and descriptions of nudity and sexual activities, including without limitation, heterosexual, bi-sexual, homosexual and transsexual activities of an explicit sexual nature; that member is familiar with materials of this kind; that member is not offended by such materials; and that by agreeing to these terms and conditions member is warranting to the Company that he or she is intentionally and knowingly seeking access to such explicit sexual materials for his or her own personal viewing.
8. Member represents and warrants to Company that Member’s acceptance of a UGAS ID and/or purchase of a UGAS Membership on the terms and conditions set forth herein constitutes an unequivocal request to receive sexually explicit material via access to the adult web sites and Member makes the following statements and representations to the Company (and which are relied upon by Company) as a material inducement to issue a UGAS Membership and/or ID to Member:
“UNDER PENALTY OF PERJURY, I SWEAR/AFFIRM THAT AS OF THIS MOMENT, I AM AN ADULT, AT LEAST 18 YEARS OF AGE (21 IN AL, MS, NE, WY, AND ANY OTHER LOCATION WHERE 18 IS NOT THE AGE OF MAJORITY). I PROMISE THAT I WILL NOT PERMIT ANY PERSON(S) UNDER 18 YEARS OF AGE (21 IN AL, MS, NE, WY, AND ANY OTHER LOCATION WHERE 18 IS NOT THE AGE OF MAJORITY) TO HAVE ACCESS TO ANY OF THE MATERIALS CONTAINED WITHIN THE ADULT WEB SITES. I UNDERSTAND THAT WHEN I GAIN ACCESS TO THE WEB SITES, I WILL BE EXPOSED TO VISUAL IMAGES, VERBAL DESCRIPTIONS, AND AUDIO SOUNDS OF A SEXUAL ACTIVITY. I AM VOLUNTARILY CHOOSING TO DO SO, BECAUSE I WANT TO VIEW, READ AND/OR HEAR THE VARIOUS MATERIALS WHICH ARE AVAILABLE, FOR MY PERSONAL ENJOYMENT, INFORMATION AND/OR EDUCATION. MY CHOICE IS A MANIFESTATION OF MY INTEREST IN SEXUAL MATTERS, WHICH, I BELIEVE, IS BOTH HEALTHY AND NORMAL AND WHICH, IN MY EXPERIENCE, IS GENERALLY SHARED BY AVERAGE ADULTS IN MY COMMUNITY. I AM FAMILIAR WITH THE STANDARDS IN MY COMMUNITY REGARDING THE ACCEPTANCE OF SUCH SEXUALLY ORIENTED MATERIALS, AND THE MATERIALS I EXPECT TO ENCOUNTER AND ACCESS THROUGH THEADULT WEB SITES ARE WITHIN THOSE STANDARDS IN MY JUDGMENT; THAT THE AVERAGE ADULT IN MY COMMUNITY ACCEPTS THE VIEWING AND ACCESSING OF SUCH MATERIALS BY WILLING ADULTS IN CIRCUMSTANCES SUCH AS THIS WHICH OFFER REASONABLE INSULATION FROM THE MATERIALS FOR MINORS AND UNWILLING ADULTS; AND THAT THE AVERAGE ADULT IN MY COMMUNITY WOULD NOT FIND SUCH MATERIALS TO APPEAL TO A PRURIENT INTEREST OR TO BE PATENTLY OFFENSIVE. I FURTHER REPRESENT AND WARRANT THAT I HAVE NOT NOTIFIED ANY GOVERNMENTAL AGENCY, INCLUDING THE U.S. POSTAL SERVICE, THAT I DO NOT WISH TO RECIVE SEXUALLY ORIENTED MATERIAL.”
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been violated in any way, please send written Notification to UGAS's Copyright Agent as follows:
Name of Agent Designated to Receive Notification: Sean E. Macias
Full Address of Designated Agent to Which Notification Should be Sent: 300 W. Colorado Blvd., Pasadena, Ca. 91105
Telephone Number of Designated Agent: (818) 548-8882
Facsimile Number of Designated Agent: (818) 548-2667
E-mail Address of Designated Agent: copyright@tritech.org
To be effective, the Notification must include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; 4. Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted; 5. 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 6. 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.
Upon receipt of the written Notification containing the information as outlined in 1 through 6 above:
1. UGAS will remove or disable access to the material that is alleged to be infringing; 2. UGAS will forward the written Notification to such alleged infringer ("Subscriber"); 3. UGAS will take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the material.
Counter Notification: The Subscriber then may submit a Counter Notification. To be effective, the Counter Notification must be a written communication provided to UGAS's Designated Agent that includes substantially the following:
1. A physical or electronic signature of the Subscriber; 2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; 3. A statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; 4. The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which the Service Provider may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above:
1. UGAS will promptly provide the Complaining Party with a copy of the Counter Notification; 2. UGAS will inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days; 3. UGAS will replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided UGAS's Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Service Provider's network or system
10. Any action on Your part to Bookmark to a page on a web site whereby the Warning Page, the Age Verification Page, and/or the Terms and Conditions of Membership Page is bypassed shall constitute an implicit acceptance by You of all the Terms and Conditions set forth herein as well as an explicit acknowledgement by You of the fact that You are over the age of 18.
11. Company represents and agrees that except in response to legal process, Company will not disclose, disseminate, sell, lease or transfer any private information provided to it by Member to any third parties. Otherwise, all data, information, compilations, statistical analyses, profiles, membership history and transaction records are the sole and absolute property of Company.
12. All membership fees are non-refundable in the event that any valid membership is cancelled by Company for violation of these terms and conditions or by Member. If it is determined by Company, in its sole and absolute discretion, that the membership was not validly obtained, then Company will credit the credit card account improperly used for the charges and will invalidate the Membership ID.
12.1 In the event that a refund is issued, ALL refunds will be made by crediting the credit card that was used to make the original purchase. NO refunds will be made by cash or check.
12.2 Member acknowledges and is aware that the price of the service provided by the Company is as quoted at time of purchase and that transactions are created, authorized and settled through the Company’s accounts in United States Dollars for these amounts but that these transactions may be conducted at the Company’s banks either within or outside of the United States. In the event that a transaction occurs at one of the Company’s banks not in the United States, the Member acknowledges that the Member’s card issuing bank may charge a fee for the this transaction. The Company does not benefit from these additional fees nor do we authorize, request or initiate these fees. They are charged at the sole discretion of the Member’s card issuing bank.
13. Your Obligations, Duties, Representations and Warranties. You hereby acknowledge and agree that Company’s willingness to enter into this Agreement is based on various material representations, warranties and guarantees made by you and relied upon by Company, as set forth in detail in this paragraph:
14. Member represents and warrants that, in the event Member accesses any Materials, that Member will not use the Materials in any unlawful manner, will not display or transmit the Materials to, or allow access of the Materials by, minors, except where such display, transmission or access is permitted by law.
14.1 Member represents and warrants that, in the event Member accesses any Materials, that Member will not use the Materials in any manner inconsistent with, or in violation of the intellectual property rights of the owner of the Materials.
14.2 Member will not publish, disclose, disseminate or otherwise permit any other person to use his/her UGAS Membership ID.
14.3 Member acknowledges that Company relies on the representations and warranties made by the Member in the Member’s Application and these terms and conditions. Member represents and warrants that all information provided in the Application is true and correct.
14.4 Member agrees not to remove any proprietary notices or designations of ownership from any Materials that Member has accessed from a participating web site at any time.
14.5 Member agrees not to make any commercial use of any Materials that Member has accessed from a participating web site without the prior express written authorization from the participating web site owner.
14.6 Member agrees not to permit other individuals to directly or indirectly use or view any Materials that Member has accessed from a web site without the prior express written authorization from the web site owner.
14.7 Member agrees not to modify, translate, reverse engineer, decompile or disassemble any Materials that Member has accessed from a web site without the prior express written authorization from the web site owner.
14.8 Member agrees not to make copies or create derivative works based on any Materials that Member has accessed from a web site without the prior express written authorization from the web site owner.
14.9 Member agrees not to rent, lease, or transfer any rights to any Materials that Member has accessed from a web site without the prior express written authorization from the web site owner.
14.10 Member agrees not to remove any proprietary notices, including copyright and trademark notices, or labels on any Materials that Member has accessed from a web site without the prior express written authorization from the web site owner.
14.11 Member agrees not to make any other unauthorized use of any Materials that Member has accessed from a web site without the prior express written authorization from the web site owner. 15. Membership to the Service may be terminated at any time, and without cause, by either Company or the Member upon notification of the other by electronic or conventional mail, or by telephone, fax or by filling out the Company’s cancellation request form and sending it to Company. When a Member requests termination, membership fees are NOT refunded. You agree to be personally liable for all charges incurred by You during or through the use of the UGAS membership. Your liability for all charges incurred during Your membership term shall continue after termination, for any reason, of Your membership.
16. Members are responsible for providing all personal computer and communications equipment necessary to gain access to the web sites. Access to and use of the web site is through the use of a unique UGAS ID. Each Member must keep his UGAS ID strictly confidential. Sharing Your unique UGAS ID with another individual is strictly prohibited and shall entitle the Company to immediately terminate your membership without notice or reimbursement of any kind.
17. All Platinum, and all Free Trial Platinum Memberships; Cancellation; Conversion To Full Membership. By accepting the Platinum trial membership to the Service and by accepting the UGAS Platinum ID you agree to the following terms and conditions:
17.1 Your Platinum membership will provide you with a UGAS ID that will give You free access to Platinum web sites during the trial period. However, if you do not cancel your free trial membership within the trial period, your trial Platinum membership will be converted to a monthly Platinum pay membership.
17.2 All Platinum,and free Platinum trial-offer members will be E-mailed a notification providing that the trial-offer member may click on a link to cancel his or her trial membership a platinum member may also cancel their membership by going to http://www.UGAS.com/cams/cancelplat. Upon such cancellation within the trial period, a Platinum trial-offer member shall not be charged. However, if the trial-offer member fails to cancel his or her trial Platinum membership within the trial period, as provided, the trial membership will automatically convert to a one-month Platinum Membership at the end of the Trial Period, plus a free two-week grace period, billable at the rate of $19.90 per month, or the then–applicable rate.
17.3 To be valid, a cancellation of the Platinum membership, and the Trial Platinum membership must be received by Company no later than 12.01AM of the day following the last full day of the two-week Trial Period.
17.4 Absent such timely notice, all members who have accepted the trial memberships shall be charged a monthly membership fee at the then standard monthly Platinum subscription rate and their monthly memberships will automatically renew on a monthly basis until cancelled.
17.5 One Year and Two Year Memberships will automatically renew, upon the terms and conditions effective as of the anniversary date of the renewal period, To be valid, a cancellation of the One Year or Two Year Membership, Member must contact UGAS (http://www.UGAS.com/email.html) By E-mail at least within 7 days prior to renewal date. Member authorizes TTI Inc. to charge renewal to credit card originally provided at the new rate of membership.
18. INAPPROPRIATE USE OF CHAT, PERSONALS SECTION OR PUBLIC AREAS. If Company enables You to share information with other persons, including without limitation other Program Participants through the use of Chat rooms, Personals section, or other means of communication (hereafter “Public Areas”) on any Company Website, You agree and warrant that You shall not submit, publish, or display any material which is infringing, defamatory, libelous or otherwise unlawful, or any material deemed obscene, lewd, excessively violent, harassing or otherwise objectionable. You further agree to indemnify Company and its officers, directors, employees and representatives for any claims or suits arising from your use of Public Areas in violation of this agreement and warranty.
18.1 Although Company does not assume the duty or obligation to monitor any messages or other materials posted or uploaded on the Public Areas of any Company Website by third parties, including You, Company reserves the right, in its sole and absolute discretion, but is not obligated to monitor any and all materials posted or uploaded by third parties, including You, at any time without prior notice to ensure that they conform to any content guidelines or policies relating to the Public Areas of any of Company’s Website which may be applicable from time to time.
18.2 Although Company does not assume the duty or obligation to monitor any messages or other materials posted or uploaded to the Public Areas of any Company Website by third parties, including You, and is not responsible for any content of these materials, Company reserves the right, in its sole and absolute discretion, but is not obligated, to delete, move, or edit messages or materials, including without limitation advertisements and public postings, without notice, that Company, in its sole discretion, deems to violate the Code of Conduct of the Public Areas or any applicable content guidelines adopted from time to time relating to the Public Areas, or to be otherwise unacceptable.
18.3 You acknowledge and agree that You shall remain solely responsible for the content of messages and other materials You may upload to the Public Areas or to users of the Public Areas of any Company Website and that Company may, in its sole discretion, terminate or suspend Your access to all or part of the Public Areas at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Your access to all or part of the Public Areas at Company’s sole discretion, and You may be referred to appropriate law enforcement agencies.
19. COMPANY DISCLAIMER REGARDING USE OF PUBLIC AREAS. You acknowledge that You understand that Company is not responsible for, nor can it control, the use by others of any information which You provide to them through the Public Areas, or otherwise, and that You have been advised that You should use caution in selecting the personal information You provide to others through the Public Areas;
19.1 You acknowledge that You understand that Company cannot ensure nor does it make any representations or warranties regarding the security or privacy of information that You voluntarily provide through the Internet and Your email messages, and therefore that You release Company, its officers, directors, employees and representatives from any and all liability in connection with the use or misuse of such information by other parties;
19.2 You further acknowledge that You understand that Company does not control the content of any information, messages, communication or other materials posted or uploaded by users of the Public Areas of any of Company’s Website and that Company does not guarantee or vouch for the accuracy or truthfulness of any messages, communication, information or content of any kind which has been posted, uploaded or provided by other users of the Public Areas. Consequently You agree to release Company, its officers, directors, employees and representatives from any and all liability and responsibility in connection with the content of any information, messages, communication or other materials You may receive from other users of the Public Areas.
20. COMMUNICATIONS IN PUBLIC AREAS NOT PRIVATE. You further acknowledge and agree that all messages or content posted by You or others in any Public Areas of Company’s Website shall be deemed to be readily accessible to the general public and consequently should not be considered private or confidential. Consequently, You should not use the Public Areas for any communication that You intend only You and the intended recipient(s) to read. Notice is hereby given that all messages entered into the Public Areas can and may be read by Company, its employees and representatives, whether or not they are the intended recipient(s).
21. COMPANY’S DISCLAIMER REGARDING USE OF THE PERSONALS SECTION OF COMPANY’S WEBSITE. You acknowledge and agree that Company shall not be responsible or liable to You in any way for any damage or injury which you may sustain, including without limitation any physical damage or injury of any kind, from any communication, contact or meeting, whether in person, by telephone, email or by or through any other means, resulting directly or indirectly from any material or information which you have submitted to Company for posting on any of Company’s Websites, or from a personal ad placed or responded to, or from messages or communications sent or received by You or other persons through Company’s Website, or by or through any other use, directly or indirectly, of the Website.
21.1 You further acknowledge and agree that Company and the Website does not screen any Members or other users of the Website, has no control over their actions and makes no representations or warranties whatsoever with respect to the character, safety, identity, veracity, age, health or any other attribute of Members or other users of the Website;
21.2 You further acknowledge and agree that the Company and the Website does not endorse, encourage, recommend, promote or arrange communications or meetings among or between Members or other users of the Website, or any other persons, and You are expected to use common sense and take appropriate measures and precautions to insure Your own personal safety and privacy in the event that You unilaterally choose to communicate with, or meet with any person with whom You have communicated with or encountered, either directly or indirectly through the use of the public areas or Personals area of Company’s Website, or through personal ads or other Works posted on the Website. Consequently You agree to release Company, its officers, directors, employees and representatives from any and all liability and responsibility in connection with the content of any information, messages, communications you may receive from other users of the Personals section of Company’s Website, or from any contact, encounter or meeting with any person or persons directly or indirectly resulting from or related to Your use of the Personals section of Company’s Website.
22. Disclaimer And Limitations On Company’s Liability. The Materials on the web sites utilizing UGAS and all services provided to You by Company are provided on an "AS IS" basis without any express or implied warranty of any kind. No warranty is made by Company, or should be implied, regarding any information, services, Materials or products provided by Company, and Company hereby expressly disclaims any and all warranties, including without limitation: any warranties as to the availability, accuracy, or content of Materials, information, products, or services web sites; any warranties of merchantability or fitness for a particular purpose and non-infringement. Some states do not allow exclusions of an implied warranty, so this disclaimer may not apply to You and You may have other legal rights that vary from state to state or by jurisdiction.
22.1 Company does not guaranty or warrant the compatibility of the Member’s equipment, computer or software, including but not limited to, the type of computer, computer configuration, browser software, other software, or online service.
22.2 In the event that the Company, its owners, officers, employees or agents, are found liable for any failure to perform, error, omission, interruption, defect delay in operation or transmission, communications line failure or under any other cause or action, said liability shall be strictly limited to the amount of membership fee paid by or on behalf of the Member to Company for the preceding month. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to You.
22.3 Under no circumstances and under no cause of action or legal theory, shall Company, its suppliers, licensees, resellers, or other Members, or their suppliers, licensees, resellers or Members be liable to You or any other person for any indirect, special, incidental, punitive or consequential damages of any character including, without limitation, damages for loss goodwill, work stoppage, computer failure or malfunction, any interruption in service or inability of Member to access participating web sites due to technical difficulties or failure of the internet, world wide web, phone lines, switching or any other causes beyond its control, or any and all other commercial damages resulting from accessing, viewing or using any use of Materials of a participating web site even if, in any such case, Company has been advised of the possibility of such damages.
22.4 Company shall in no event be liable to YOU or any third party for any loss resulting from any failure to perform its obligations under this Agreement because of acts of God, nature, any government agency(ies), war, civil disturbance, labor disputes or shortages, electrical or mechanical breakdowns, inability or refusal of a common carrier to provide communications capabilities, or any other cause beyond Company’s direct control, including but not limited to, the issuance of an injunction or seizure order by a court of competent jurisdiction prohibiting Company from carrying on its day-to-day operations as contemplated under this Agreement or an order by any regulatory, administrative, judicial or legislative body, which shall temporarily suspend or permanently terminate Company’s ability to provide YOU with services pursuant to this Agreement.
24. You agree that as a Member you shall not, under any circumstances, have the right to transfer or assign your UGAS membership or membership ID to any other person or entity, and that any attempted transfer or assignment of a membership ID shall be void and shall constitute a material breach of these Terms and Conditions on Your part. Your further agree that the Company, may at any time at its sole discretion and without prior notice to you, transfer or assign Your membership and any or all of its rights and/or obligations hereunder in its free, sole, and unfettered discretion at any time, to an affiliated or non-affiliated Company.
25. This Agreement is not for the benefit of any third party, and shall not be deemed to grant any right or remedy to any third party whether or not referred to in this Agreement.
26. Governing Law; Arbitration; Jurisdiction And Venue. This Agreement shall be governed by and construed under the laws and judicial decisions of the State of California and the United States as applied to agreements between California state residents entered into and to be performed within the State of California, except as governed by Federal law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
26.1 Any and all disputes as to the interpretation of or any performance under this Agreement which are not first resolved informally, shall be determined by binding arbitration in Los Angeles, California, in accordance with the rules of the American Arbitration Association. The final award in any such arbitration proceeding shall be subject to entry as a judgment by any court of competent jurisdiction, provided that such judgment does not conflict with the terms and provisions hereof. The jurisdiction of the arbiter (or arbiters) with respect to legal matters shall be limited only by the statutory and common law of the State of California and the United States.
26.2 Nothing in this paragraph shall preclude either party from seeking and obtaining any injunctive relief or other provisional remedy available in a court of law, including, specifically, Company’s right to prejudgment attachment and expedited discovery. In addition to the foregoing, the parties hereto hereby agree that as part of the consideration for this Agreement, they waive the right to a trial by jury for any dispute arising between them that is in any way related to the subject matter of this Agreement, provided that the arbitration provisions of this paragraph are waived or are otherwise inapplicable. Should any legal fees, costs, or other expenses be incurred by any party to enforce this arbitration and jury waiver provision, the prevailing party shall be entitled to recover such legal fees, costs, or other expenses without regard to whether such party prevails in the underlying case.
26.3 Notwithstanding the foregoing, if for any reason any matter or dispute arising under this Agreement is not resolved by binding Arbitration, or if any of the proceedings or decisions of the Arbitration must be enforced by a court of competent jurisdiction, Member agrees that in case of any litigation regarding this Agreement or the various subject matters hereof, that the venue for such litigation shall be, depending on by the subject matter of the dispute, either the Municipal Court of Los Angeles, California, the Superior Court of the County of Los Angeles, or the United States District Court for the Central District of California, Western Division. Licensee hereby consents and stipulates to the jurisdiction of the Courts of the State of California and the United States District Court, Central District of California, Western Division.
27. All notices, payments, statements or other documents that any party to this Agreement is required to or elects to give to the other party hereto will be in writing and will be delivered in one of the following ways: (a) by personal delivery; (b) by addressing the notice to Company at 300 W. Colorado Blvd.,Pasadena, Ca. 91105 and to YOU at the address YOU have supplied to Company in Your Application and depositing the same registered or certified mail, postage prepaid, in the United States mail; (c) by Federal Express; (d) by facsimile transmission; or (e) by E-mail and transmission by first class U.S. mail. In addition, Company may make change to these Terms and Conditions by posting notice of such change on the front page of its web site located at http://www.UGAS.com/stdterms.html, such notice, statement or other document so delivered, except as this Agreement expressly provides otherwise, shall be conclusively deemed to have been given when actually received (personal delivery, Federal Express, facsimile transmission or Email), or three (3) business days after.
28. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision(s) had never been included.
29. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision.
30. For purposes of construction, this Agreement shall be deemed to have been drafted by both Licensor and Licensee.
31. A waiver by either party of any term or condition of this Agreement in any one instance shall not be deemed or construed to be a waiver of such term or condition for any similar instance in the future of any subsequent breach hereof. All rights, remedies, undertakings, obligations and agreements contained in this Agreement shall be cumulative and none of them shall be a limitation of any other remedy, right, undertaking, obligation, or agreement.
32. If suit, action or arbitration is brought to enforce or interpret any provision of this Agreement, or the rights or obligations of any party hereto as they relate to the subject matter of this Agreement, the prevailing party shall be entitled to recover, as an element of such party’s costs of suit, and not as damages, all reasonable costs and expenses incurred or sustained by such prevailing party in connection with such suit or action or arbitration, including, without limitation, attorneys’ fees and expenses and court costs.
33. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes and cancels all other prior agreements, discussion, or representations, whether written or oral. No officer, employee or representative of Company or You has any authority to make any representation or promise in connection with this Agreement or the subject matter thereof which is not contained expressly in this Agreement; and, Company and You hereby acknowledge and agree that neither Company nor You have entered into this Agreement in reliance upon any such representation or promise.
34. No modification of this Agreement, in whole or in part, shall be enforceable unless reduced to writing and signed by duly authorized representatives of the parties hereto.
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Privacy Statement for UGAS.COM PERSONALS
NOTICE: All use of the UGAS.com Personals is strictly governed by the UGAS.com terms and conditions. If you have any questions regarding the Company’s policies, duties and limitations of liability regarding use of the Personals, you should review the UGAS.com terms and conditions at the following link: Click Here.
UGAS.com has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses our information-gathering and dissemination practices for this site.
Our site occasionally uses an order form for customers to request information, products and services. We collect visitors' contact information (like their email address) or credit card numbers). Contact information from the order form is used to send orders, information about our company and promotional material from some of our partners to our customers. The customer's contact information is also used to get in touch with the visitor when necessary. Users can remove their entry from the personals by sending an email to personals@UGAS.com.
Contact information provided on the main personals submission page will not be made available to other visitors or members. You will be contacted by a visitor responding to the ID in your AD. We will then forward that response to your email account. This will insure the protection of your privacy by preventing visitors from having you direct contact information. If you enter contact information in the Private Info area, this information will be made available for viewing by other UGAS members. This could result in You being contacted directly and not through our forwarding service. Any issues of harassment should be reported immediately to the personals webmaster at personals@UGAS.com.
From time to time, products and services that may be of value to you will be offered by third parties interested in your business. UGAS.com contains links to other related World Wide Web Internet sites, resources and sponsors of UGAS.com. Selection of an ad banner or link redirects User off of UGAS.com to a third party website. Transactions that occur between the User and the third party are strictly between the User and the third party and are not the responsibility of UGAS.com. Because UGAS.com is not responsible for the availability of these outside resources or their privacy policy or content, User should direct any concerns to the third-party website administrator or Webmaster.
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UGAS.COM JOKE OF THE DAY CONTEST OFFICIAL RULES
PLEASE NOTE: THIS CONTEST IS ONLY OPEN TO LEGAL RESIDENTS OF THE UNITED STATES AND CANADA (EXCEPT FOR PUERTO RICO AND THE PROVINCE OF QUEBEC), AND IS VOID IN ALL OTHER JURISDICTIONS AND WHEREVER PROHIBITED BY FEDERAL, STATE, PROVINCIAL, MUNICIPAL OR LOCAL LAW.
No Purchase Necessary to Participate or Win
ELIGIBILITY: This contest is open only to legal residents of the United States and Canada (excluding Puerto Rico and the province of Quebec) (the "Eligibility Area"), 18 years of age or older at time of entry who, prior to the Start Date, have an Internet or online service provider account in good standing with either free Internet access or a flat-monthly fee structure. Employees and their immediate families, including household members, of Tri-Tech Internet Services, Inc. and UGAS.com ("Sponsor"), their parents, affiliates, subsidiaries, divisions, advertising and promotion agencies are not eligible.
HOW TO ENTER: No purchase and no online entry necessary to be eligible for this contest. To enter, access the official entry form that is located at http://www.UGAS.com . If you choose not to fill out our on-line form, you can enter via postal mail by sending us your Joke to: 300 W. Colorado Blvd., Pasadena, Ca. 91105 with your first and last name, address, and telephone number. If you choose to enter via postal mail, your name and mailing address will not be utilized for the purpose of direct mail or phone solicitation, nor will your information be provided to 3rd parties for this purpose. LIMIT ONE ENTRY PER PERSON, REGARDLESS OF MEANS OF ENTRY. Multiple entries will be disqualified. Only one entry per person. Entries must be made within the Eligibility Area and received by Sponsor within the Entry Period. Entries that do not comply with these Official Rules in all respects are ineligible and void.
CONDITIONS OF ENTRY: If you choose to enter via web site, you must be the Registered and Authorized Holder of the E-mail Account through which the entry is made. For purposes of this contest, a "Registered and Authorized Holder of the E-mail Account" is defined as the natural person who is assigned to an e-mail address by an Internet service provider, online service provider or other entity (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the secondary level domain name associated with the submitted e-mail address. Entries must be made by an individual from a single computer and may not be made by proxy, or electronic means such as script, bot, macro or any other similar software or program. All entries become the property of Sponsor. By participating, entrants agree to these Official Rules, including all eligibility requirements. By entering this contest, you consent to Sponsor's use of your name for promotional purposes, including online announcements, without additional compensation, except where prohibited by law. Neither Sponsor, their parents, nor their respective affiliates, subsidiaries, divisions, advertising and promotion agencies, or any telephone network or service providers are responsible for incorrect or inaccurate transcription of entry information, or for any human error, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, inability to access any Web site or online service, or any other error or malfunction, or late, lost, misdirected, illegible entries.
PRIZES: The Grand Prize consists of a $100.00 cash reward.
ODDS OF WINNING: The odds of winning a listed prize is 1 out of 200.
WINNER SELECTION:Prize winner(s) will be determined on the basis of a random drawing. The draw will be conducted daily. All winner selection procedures shall be conducted by Sponsor whose decisions are final with respect to all aspects of the contest.
NOTIFICATION: Winner will be notified via email, U.S. mail and/or telephone. If an email address is not provided, winner will be contacted via U.S. mail and/or telephone and/or by overnight courier.
GENERAL: This contest is subject to all federal, state, and local laws. Void where prohibited. The winners agree that Sponsor, their respective parents, affiliates and their agents and employees shall not be liable for injury, loss or damage of any kind resulting from participating in this contest or from the acceptance or use of any prize awarded. Sponsor reserves the right to verify eligibility qualifications of any winner. U.S. law of the State of California governs this contest. If, in Sponsor's sole opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of this contest, any violation of these Official Rules, or if technical difficulties compromise the integrity of the contest, Sponsor reserves the right to terminate the contest and conduct a random drawing to award the prizes or none of them, using all entries received as of the End Date. Any attempt to damage the content or operation of this contest is unlawful and subject to legal action by Sponsor or their agents.
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UGAS.COM NEWSLETTER CONTEST OFFICIAL RULES
The UGAS.COM NEWSLETTER CONTEST (hereafter “Contest”) is sponsored by UGAS.com and Tri-Tech Internet, Inc. (hereafter “Sponsor”).
BY PARTICIPATING IN THE CONTEST, YOU (HEREAFTER “YOU” OR “CONTESTANT”) FULLY AND UNCONDITIONALLY AGREE TO ACCEPT AND BE BOUND BY THESE OFFICIAL TERMS AND CONDITIONS OF THE CONTEST AND BY ALL DECISIONS OF PROMOTER, WHICH DECISIONS SHALL BE FINAL AND BINDING IN ALL RESPECTS. THESE TERMS AND CONDITIONS ALSO CONSTITUTE THE RULES AND REGULATIONS GOVERNING THE CONTEST. ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY. PLEASE NOTE: THIS CONTEST IS ONLY OPEN TO LEGAL RESIDENTS OF THE UNITED STATES AND CANADA (EXCEPT FOR PUERTO RICO AND THE PROVINCE OF QUEBEC), AND IS VOID IN ALL OTHER JURISDICTIONS AND WHEREVER PROHIBITED BY FEDERAL, STATE, PROVINCIAL, MUNICIPAL OR LOCAL LAW.
No Purchase Necessary to Participate or Win.
1. THE CONTEST
This is a Contest in which one of the Contestants will be randomly selected as the Winner and will receive a prize of $5,000.00. No purchase is necessary to participant in the Contest or to Win the Contest, however the Contest is only open to individuals who met the eligibility standards as set forth in these Official Rules. This Contest will be conducted once a Month by the Sponsor or until Sponsor terminates this Contest.
2. THE METHOD OF SELECTION OF THE WINNER
The Contest winner will be determined on the basis of a random drawing from a pool consisting of all legitimate and eligible Contestants of the given Contest. The random draw to select the Contest winner will be conducted once a Month by the Sponsor. The procedures used for the random draw and the selection process will be determined in the sole and exclusive discretion of the Sponsor and all decisions of the Sponsor shall be final and conclusive with respect to all aspects of the Contest including all selection procedures.
3. THE GRAND PRIZE.
The Winner of the Contest will be awarded a grand prize of $5,000.00. At the option of the Sponsor, the Winner’s name and photograph will be displayed on the UGAS.com website if they wish.
4. ELIGIBILITY STANDARDS
This Contest is open only to legal residents of the United States and Canada (excluding Puerto Rico and the province of Quebec) (the "Eligibility Area"), 18 years of age or older at time of entry who, prior to the Start Date, have an Internet or online service provider account in good standing with either free Internet access or a flat-monthly fee structure. Employees and their immediate families, including household members, of Tri-Tech Internet Services, Inc. and UGAS.com, their parents, affiliates, subsidiaries, divisions, advertising and promotion agencies are not eligible.
5. HOW TO ENTER
No purchase necessary to be eligible for this Contest. To enter, access and complete the official entry form that is located at http://www.UGAS.com. If you choose not to fill out our on-line form, you can enter via postal mail by sending us your completed entry form to: 300 W. Colorado Blvd., Pasadena, Ca. 91105 with your first and last name, address, telephone number and email address. If you choose to enter via postal mail, your name and mailing address will not be utilized for the purpose of direct mail or phone solicitation, nor will your information be provided to 3rd parties for this purpose.
6. LIMIT ONE ENTRY PER PERSON, REGARDLESS OF MEANS OF ENTRY.
Multiple entries will be disqualified. Only one entry per person shall be permitted. Entries must be made within the Eligibility Area and received by Sponsor within the Entry Period. Entries that do not comply with these Official Rules in all respects are ineligible and void.
7. CONDITIONS OF ENTRY.
7.1 To qualify for a prize you must consent and agree to permit Sponsor to email you the UGAS.com NEWSLETTER at your designated email address on a recurring basis and without need to further notify you or seek any further permission from you.
7.2 If you choose to enter the Contest via web site, you must be the Registered and Authorized Holder of the E-mail Account through which the entry is made. For purposes of this Contest, a "Registered and Authorized Holder of the E-mail Account" is defined as the natural person who is assigned to an e-mail address by an Internet service provider, online service provider or other entity (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the secondary level domain name associated with the submitted e-mail address.
7.3 Entries must be made by an individual from a single computer and may not be made by proxy, or electronic means such as script, bot, macro or any other similar software or program.
7.4 All entries shall become the property of Sponsor.
7.5 By participating, Contestants agree to these Official Rules, including all eligibility requirements.
7.6 By entering this Contest, you consent to Sponsor's use of your first name only for promotional purposes, including online announcements, without additional compensation, except where prohibited by law.
7.7 Neither Sponsor, their parents, nor their respective affiliates, subsidiaries, divisions, advertising and promotion agencies, or any telephone network or service providers shall be responsible for incorrect or inaccurate transcription of entry information, or for any human error, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, inability to access any Web site or online service, or any other error or malfunction, or late, lost, misdirected, illegible entries.
7.8 Any misrepresentation of any facts by the Contestant shall result in the disqualification of the Contestant and shall make that Contestant ineligible to receive any prize.
7.9 Any winning Contestant must, if so requested by Sponsor, complete and/or execute and return an Affidavit of Eligibility and a Liability/Publicity Release within a period of time dictated by Sponsor. All prizes awarded in connection with the Contest are nontransferable and non-endorsable.
7.10 Sponsor shall have the right to use and disclose any information provided to Sponsor by Contestant in connection with this Contest. Contestant hereby agrees that Sponsor’s use and disclosure of such information, and the Submission, does not infringe the right of publicity or privacy of any person, including You the Contestant.
7.11 All taxes (including, without limitation, federal, state, and local taxes), if any, on or connected with any prize and the reporting consequences thereof, are the sole and exclusive responsibility of respective winners.
7.12 Sponsor retains the absolute right, in its sole and exclusive discretion, to terminate or discontinue this Contest at anytime, for any reason or no reason at all.
7.13 If, in Sponsor's sole opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of this Contest, any violation of these Official Rules, or if technical difficulties compromise the integrity of the Contest, Sponsor reserves the right to terminate the Contest and conduct a random drawing to award the prizes or none of them, using all entries received as of the End Date.
8. ODDS OF WINNING
Since the winner will be drawn at random out of the total number of legal entries, there is no way of determining what the odds of winning are in advance. The actual odds will be one out of the total number of legal entries.
9. NOTIFICATION
Winner will be notified via email, U.S. mail and/or telephone. If an email address is not provided, winner will be contacted via U.S. mail and/or telephone and/or by overnight courier.
10. CONTESTANT’S CONSENT TO RECEIVE UGAS.COM NEWSLETTER.
You understand and acknowledge that by your act of entering this Contest you agree and consent, without any qualifications, to permit Sponsor to email you the UGAS.com NEWSLETTER at your designated email address on a recurring basis and without need to further notify you or seek any further permission from you.
11. DISCLAIMER AND LIMITATION OF LIABILITY.
Sponsor make no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize (including, without limitation, the Grand Prize) furnished in connection with the Contest. The Sponsor shall not be responsible or liable for any incorrect or inaccurate information, reviews, Ratings, or other materials, whether caused or created by Site users, by tampering or "hacking," or by any of the equipment or programming associated with or utilized as part of the Site or the Contest, and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, or unauthorized access to the Website. Although Sponsor attempts to ensure the integrity of the Contest, Sponsor is not responsible for the actions of Contestants in connection with the Contest, including Contestants' attempts to circumvent the Official Terms and Conditions or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of the Contest.
11.1 Sponsor is not responsible for injury or damage to Contestant’s or to any other person's computer, other equipment, or person related to or resulting from participation in the Contest, or downloading materials from or using the Site.
11.2 If, for any reason, the Contest is not capable of running as planned by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, strikes, industry conditions, marketplace demands, or any other causes which, in the sole opinion of Sponsor, could corrupt, compromise, undermine, or otherwise affect the administration, security, fairness, integrity, viability, or proper conduct of the Contest, Sponsor reserves the right in its sole and absolute discretion to modify these Official Terms and Conditions and/or to cancel, terminate, modify, or suspend the Contest.
11.3 If, in Sponsor's sole opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of this Contest, any violation of these Official Rules, or if technical difficulties compromise the integrity of the Contest, Sponsor reserves the right to terminate the Contest and conduct a random drawing to award the prizes or none of them, using all entries received as of the End Date. Any attempt to damage the content or operation of this Contest is unlawful and subject to legal action by Sponsor or their agents.
11.4 Sponsor retains the absolute right, in its sole and exclusive discretion, to terminate or discontinue this Contest at anytime, for any reason or no reason at all.
11.5 IN NO EVENT WILL THE SPONSOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATITVES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE SITE, SPONSOR'S REMOVAL FROM THE SITE OF, OR DISCONTINUATION OF ACCESS TO, ANY SUBMISSION OR OTHER MATERIAL, OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE, OR MISUSE, OF ANY PRIZE AWARDED IN CONNECTION WITH THE CONTEST. WITHOUT LIMITING THE FOREGOING, THE CONTEST AND ALL MATERIALS PROVIDED ON OR THROUGH THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
11.6 Liability Release and Indemnification by Contestant. BY ENTERING THE CONTEST, ENTRANTS RELEASE AND HOLD THE SPONSOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATITVES HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE CONTEST OR PARTICIPATION IN ANY CONTEST-RELATED ACTIVITY (INCLUDING, WITHOUT LIMITATION, THE REMOVAL FROM THE SITE OF, OR DISCONTINUATION OF ACCESS TO, ANY SUBMISSION OR OTHER MATERIAL), OR RESULTING DIRECTLY OR INDIRECTLY FROM ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE CONTEST, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY.
12. ARBITRATION
12.1 In the event of any dispute arising out of or in connection with these Official Terms and Conditions or the Contest, regardless of the number or identity of defendant(s) or plaintiff(s), such dispute shall be submitted to arbitration in the County of Los Angeles, State of California, in accordance with the rules and regulations of the American Arbitration Association then in effect (as amended herein), provided that said arbitration shall be heard before a single arbitrator, selected pursuant to such rules and regulations, and shall be conducted on an expedited basis and in confidence.
12.2 Each party hereby waives any and all rights and benefits which it might otherwise have or be entitled to under federal law or the laws of California or any other state to litigate any such dispute in court, it being the intention of the parties to arbitrate, according to the provisions of these Official Terms and Conditions, all such disputes. The arbitrator's decision shall be controlled by the terms and conditions of these Official Terms and Conditions, and any other agreements you may enter into with Promoter in connection with the Contest, and shall be final and binding, and shall provide for each party to bear its own costs of arbitration and attorneys' fees. EACH PARTY EXPRESSLY WAIVES ANY RIGHT TO A JURY.
12.3 If either party shall fail to appear at the hearing on the date designated in accordance with the rules of the American Arbitration Association, or shall otherwise fail to participate in the arbitration proceeding, the arbitrator is hereby empowered to proceed ex parte. In the event of any dispute concerning these Official Terms and Conditions, or any other agreement between you and Promoter in connection with the Contest, your sole and exclusive remedy shall be to seek damages pursuant to an arbitration authorized by this Section, and in no event will you be entitled to seek injunctive or other equitable relief. If you do not agree to these requirements (or any other provision herein), do not participate in the Contest.
13. GOVERNING LAW
The Contest and these Official Terms and Conditions are governed by and shall be construed in accordance with the laws of the State of California, United States of America, without regards to its principles of conflicts of law. For any dispute not subject to arbitration according to the provisions of these Contest Terms and Conditions, entrant agrees to personal jurisdiction by the federal and state courts located in the County of Los Angeles, California, United States of America, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. Further, in any such dispute, under no circumstances will entrant be permitted to obtain awards for, and hereby irrevocably waives all rights to claim, punitive, incidental, or consequential damages, or any other damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (i.e., costs associated with participating in the Contest), and Contestant further irrevocably waives all rights to have damages multiplied or increased.
14. BINDING EFFECT OF THESE OFFICIAL RULES
Contestant understands and agrees that the terms and conditions and the release of liability contained within these Official Rules will be binding upon Contestant and Contestant’s heirs, executors, and administrators. If there is any conflict between the Official Rules as stated herein and as stated in any other document, including the Entry Form, these Official Rules shall control and be deemed conclusive and binding.
GENERAL: This Contest is subject to all federal, state, and local laws. Void where prohibited. The winners agree that Sponsor, their respective parents, affiliates and their agents and employees shall not be liable for injury, loss or damage of any kind resulting from participating in this Contest or from the acceptance or use of any prize awarded. Sponsor reserves the right to verify eligibility qualifications of any winner. U.S. law of the State of California governs this Contest. If, in Sponsor's sole opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of this Contest, any violation of these Official Rules, or if technical difficulties compromise the integrity of the Contest, Sponsor reserves the right to terminate the Contest and conduct a random drawing to award the prizes or none of them, using all entries received as of the End Date. Any attempt to damage the content or operation of this Contest is unlawful and subject to legal action by Sponsor or their agents.
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Sender Agreement
The Greeting Card services are provided by Tri-Tech Internet, Inc. (“Company”) through its website, UGAS.com (“Company’s website”) and are available only to persons over the age of eighteen (18) years. If you are under the age of eighteen years or if you wish to send a Greeting Card to any person under the age of eighteen years your use of the Greeting Card is unauthorized and prohibited by Company and may subject you to liability for copyright and trademark infringement and other legal action.
All Greeting Card materials are and at all times shall remain the Company’s property exclusively. Use of any and all Greeting Card services and materials available at Company’s website is a privilege which may be revoked or terminated at any time by Company or its authorized agents, assigns or representatives. By using any of Company’s Greeting Card materials or services you expressly and irrevocably agree that all use of such materials and services shall at all times be subject to and expressly conditioned upon your full compliance with all the following terms, conditions, promises and warranties set forth in this agreement (“Agreement”):
1. You warrant that you are currently over the age of eighteen (18) years.
2. You acknowledge that materials available at or through Company’s website constitute materials of a sexual nature which may include nudity and semi-nudity of men and women, strong language and depictions of sexual situations. You hereby agree that you are not offended by these types of materials, do not consider these types of materials to be indecent or harmful to you in any way and have willfully sought out and desire to use Company’s materials and services for your own personal entertainment.
3. You acknowledge and agree that Company is an “internet service provider” or an “interactive computer service” only and will not exert editorial control of any kind over the content of messages you compose for inclusion or association with materials available at Company’s website and that you shall be exclusively deemed the sole “information content provider” of any Greeting Card that you send; and furthermore that you shall be solely liable for any and all matter which you cause to be included or associated with any such materials.
4. You expressly authorize Company to deliver notice of a message from you to the person and e-mail address you indicate and to deliver the Greeting Card you have selected with your message to that person subject to the terms and conditions required by Company for the person to receive an Greeting Card message.
5. You expressly agree that you will not to send any Greeting Card or other materials made available to you at Company’s website to any person who:
a. is under the age of eighteen (18) years;
b. has expressed a desire not to receive or is reasonably likely to be offended or harmed by the receipt of matter of the type available at or similar to matter available at Company’s website or of the type, topic or nature of that which you may include in a personally composed message section;
c. has expressly requested that he or she not receive an Greeting Card or any other messages or materials from Company’s website; or
d. is a person who is not personally known to you.
6. You agree not to include in any personal message or other communication included in or accompanying any Greeting Card or use of services provided to you at Company’s website:
a. any material which is defamatory, libelous, slanderous, scandalous, hateful, harmful, obscene or lewd, or any material which is harassing or which places any person or persons in a false light, constitutes unfair competition or which violates any law, regulation, rule or custom;
b. any material which constitutes an infringement of any person’s rights, including copyrights, trademark rights, rights of publicity, personality or privacy or a misappropriation of any person’s property rights of any kind;
c. any unwanted overtures, inquiries, solicitations or communications of any kind; or
d. any solicitation or offer to perform any type of sex act in exchange for money or anything of value.
7. You agree that no use of services available at Company’s website shall entitle you to acquire rights of any kind in any materials available at Company’s website and that any messages which you might create for inclusion or association with materials available at Company’s website is by revocable license and shall not entitle you to reproduce such materials except as a single greeting card-type message subject to all the terms and conditions herein. You agree that nothing in this Agreement and no use of services or materials provided at Company’s website by you shall constitute or be deemed to be a joint, collaborative or commercial work or venture of any kind by or between you and Company or any agents, assigns or representatives thereof.
8. You agree that you may not sell or offer for sale any materials available at, on, in or through Company’s website or any parts thereof. You agree that materials available at, on, in, or though Company’s website are strictly limited to use for your private entertainment and no commercial use of any kind is authorized or implied.
9. You agree that your use of services available at Company’s website is at all times nonexclusive and may be immediately terminated at will, with or without cause or notice, at any time by the Company, or its authorized agents, assigns or representatives.
10. You acknowledge and agree that UGAS.com and Tri-Tech Internet, Inc. are trademarks of Tri-Tech Internet, Inc. All rights are reserved. You agree not to use any of the aforementioned trademarks or any materials available at, on, in or through Company’s website except as expressly provided in this Agreement or otherwise in writing by Company or its authorized agents, assigns or representatives.
11. You agree that Company shall not be liable to you or any other person for failure to deliver or misdelivery of any Greeting Card messages, other service offered at Company’s website. No express or implied warranties of any kind, including, without limitation, any warranties as to quality or timeliness of transmission of any Greeting Card messages, are made to you regarding your use of Company’s website.
12. You hereby release and hold harmless Company and its authorized officers, directors, employees, agents, assigns and representatives from, and agree to fully indemnify them for, any and all liabilities, losses, damages, costs and expenses, including attorney’s fees, and all other consequences arising from any dispute, claim, action or proceeding based upon or in any way relating to, resulting from or associated with your sending of Greeting Card messages, other use of Company’s website, or any breach or alleged breach of the terms, conditions, warranties or promises set forth in this Agreement. This release, agreement to hold harmless and indemnification therefore, shall include, without limitation, any and all liability for damages resulting from claims of defamation, libel, slander, emotional distress, false light, invasion of privacy, harrassment, violation of personal rights, infringement of intellectual property rights, misappropriation, computer damage, data damage, inconvenience and all other harms and injuries of every kind.
13. All questions, complaints, or other communications to Company may be sent in the following manner:
a. by means of electronic mail to legal@UGAS.com;
b. by conventional mail to Company’s Customer Service at 300 W. Colorado Blvd., Pasadena, Ca. 91105 c. by telephone to Company’s Customer Service Department during normal business hours to 818 - 548 - 5400.
14. You hereby grant consent that notices, advertisements, E-mail magazines and other communications may be sent to you from Company, Company’s website or their authorized agents, assigns, representatives, advertisers and contractors by means of e-mail, by general posting on Company’s website, or by conventional mail.
15. This Agreement contains the entire agreement between you and Company regarding your use of services and materials available in, at, on or through Company’s website. This Agreement supersedes all prior written and oral understandings, writings, and representations and may only be amended upon notice by the Company or its authorized agents, assigns or representatives. This Agreement shall be governed by and construed under the laws of the State of California and the United States as applied to agreements between California state residents entered into and to be performed within the State of California, except as governed by Federal law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. You agree that in case of any litigation regarding or arising out of this Agreement, the use of Company’s website, or the use of Company’s services or materials that the venue for such litigation shall be the Municipal Court of Los Angeles, the Superior Court of the County of Los Angeles, or the United States District Court for the Central District of California, Western Division and that you hereby consent and stipulate to the jurisdiction of said Courts. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its termination.
YOU HEREBY AFFIRM THAT YOU ARE OVER THE AGE OF EIGHTEEN (18) YEARS, HAVE READ THIS ENTIRE AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS BY CLICKING WHERE INDICATED BELOW AND BY THE USE OF SERVICES AND/OR MATERIALS AVAILABLE AT UGAS.COM.
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OFFICIAL TERMS AND CONDITIONS AND RULES AND REGUATIONS OF THE UGAS.COM AMATEUR MODEL OF THE MONTH CONTEST
The AMATEUR MODEL OF THE MONTH CONTEST (“Contest”) is sponsored by UGAS.com and Tri-Tech Internet, Inc. (“Promoter”).
BY PARTICIPATING IN THE CONTEST, YOU (HEREAFTER “YOU” OR “CONTESTANT”) FULLY AND UNCONDITIONALLY AGREE TO ACCEPT AND BE BOUND BY THESE OFFICIAL TERMS AND CONDITIONS OF THE CONTEST AND BY ALL DECISIONS OF PROMOTER, WHICH DECISIONS SHALL BE FINAL AND BINDING IN ALL RESPECTS. THESE TERMS AND CONDITIONS ALSO CONSTITUTE THE RULES AND REGULATIONS GOVERNING THE CONTEST. ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY. THIS CONTEST IS VOID WHEREVER PROHIBITED BY LAW.
1. The Contest
This is a Contest to find talented new amateur models. The Contestants are free to shoot whatever they think is attractive, flattering, alluring and erotic and submit their finished photographs to the UGAS.com. The amateur winner of the monthly Contest will win a cash prize of $2,000.00 and the winner’s photograph will be displayed on the UGAS.com website.
2. The Method of Selection of the Winner.
2.1 Each month, Promoter will review each Submission and select the winner based on the Promoter’s sole and absolute subjective judgment as to the artistic merit of the photographic Submission and the attractiveness and erotic quality of the Submission. The Promoter’s decision will be final and conclusive as to the winner of the monthly Contest.
3. The Grand Prize
3.1 The Winner of the monthly Contest will be awarded a cash prize of $2,000.00 and the winner’s photograph will be displayed on the UGAS.com website.
4. General Rules and Terms of the Contest
4.1 This contest is Free. NO PURCHASE OR PAYMENT NECESSARY TO ENTER. Except for those persons who are expressly INELIGIBLE from participating in this Contest, the Contest is open to any individual who is, as of the Start Date at least 18 years of age or older and who has agreed to be bound by all the Terms and Conditions of this Contest. Please note that misrepresentation of age, upon discovery by Promoter, will DISQUALIFY the applicable Contestant.
4.2 INELIGIBILITY. Employees, officers, directors, shareholders, agents, and representatives of Promoter and its respective affiliates, subsidiaries, advertising and promotional agencies, and advisors (such entities, collectively, the "Contest Entities"), and the immediate family members (spouse, mother, father, sister, brother, daughter, or son, regardless of where they live) or members of the same households (whether related or not) of such employees, officers, directors, shareholders, agents, and representatives, are INELIGIBLE to (i) participate in the Contest in any manner except as otherwise expressly provided herein (e.g., reviewing the submitted videos during certain stages of the Contest) or (ii) win any prize.
4.3 This is a Monthly Contest. Each month’s contest begins on the 1st day of each calendar month and each month’s contest ends on the 15th day of the month , such period between the start and ending dates is the “Contest Period”. All submissions for a given month’s contest must received by Promoter no later than 5:00 pm on the 15th day of that given month. Promoter is not responsible for entries delayed or lost in the mail.
4.4 All submissions must be made by mail to the following address: UGAS.com AMATEUR MODEL OF THE MONTH CONTEST, 300 W. Colorado Blvd., Pasadena, Ca. 91105
4.5 Contestant shall be solely responsible for all costs associated with mailing or delivering the submitted materials and any other required documents to Promoter.
4.6 The submitted material must be an original photograph or transparency, or any number of photographs or transparencies.
4.7 The Submission should be of erotic character, however you are the sole judge of how erotic and explicit you wish the material to be. There is no requirement that the Submission contain any specific type of scene, depiction, erotic content or any specific degree of explicitness. The Promoter leaves all such judgments and decisions entirely to you.
4.8 At the time of the Submission, all Contestants must submit to Promoter the following completed and executed required documents, in the form required by Promoter: (a) Entry Form and Statement of Contestant; and (b) Model Release and Certification of Age. Promoter reserves right, in its sole and absolute discretion, to disqualify any Contestant who has failed to submit the required documents, or to provide the information required by those documents.
4.9 All submitted materials must be labeled individually with the Contestant’s real name. Anonymous submissions, or submissions without a real name, cannot be accepted and will be disqualified from the Contest.
4.10 All material submitted to Promoter, including the Submission, shall become the property of Promoter. Promoter shall have no obligation or liability to Contestant to retain or return to Contestant any material that Contestant has submitted to Promoter in connection with this Contest.
4.11 Any winning Contestant must, if so requested by Promoter, complete and/or execute and return an Affidavit of Eligibility and a Liability/Publicity Release within a period of time dictated by Promoter. All prizes awarded in connection with the Contest are nontransferable and nonendorseable.
4.12 After the end of the Monthly Contest Period, the name of the Winning Monthly Contestant will be posted to Promoter’s WebSite.
4.13 Promoter shall have the right to use and disclose any information provided to Promoter by Contestant in connection with this Contest. Contestant hereby agrees that Promoter’s use and disclosure of such information, and the Submission, does not infringe the right of publicity or privacy of any person, including You the Contestant.
4.14 All taxes (including, without limitation, federal, state, and local taxes), if any, on or connected with any prize and the reporting consequences thereof, are the sole and exclusive responsibility of respective winners.
4.15 The Submission may not include any materials that violate any intellectual property rights (copyright, trademark, tradename, patent), or any rights of privacy or publicity of any person or entity. Any such violations will automatically disqualify the submission.
4.16 The Submission may not contain any depictions which consists of Child Pornography, Beastiality or other objectionable content which in the Promoter’s sole and absolute judgment is grossly offensive. Any such content will automaticaly disqualify the Submission.
5. Grant of License By Contestant To Producer
5.1 As a condition of the Contest, each Contestant hereby grants to Promoter and its respective licensees, affiliates, designees and assigns, in perpetuity, and everywhere in the world, the non-exclusive and unlimited right to print, publish, broadcast, transmit, display, perform, distribute, copy, encode, digitize and electronically store, stream or otherwise transmit, use, publicize, market, advertise and promote, in any and all media now known or hereafter developed, including but not limited to the World Wide Web, videotapes, CD-rom and DVD, at any time or times, all of the following:
(a) The Contestant’s name, portrait, picture, voice, likeness and biographical information as news or information in connection with the use, exploitation, advertising and promotion of the Contest or the Submission without additional consideration; and further without such additional compensation, the winning Contestant agrees to appear for, or provide biographical information for use in, any presentation or other activity which may include filming/audio/video/electronic or other recordings and/or interviews, as may be determined from time to time by Promoter in its sole discretion;
(b) The Submission, or any portion of the Submission, either in whole or in part, separately or in compilation with other materials of any kind, and to place advertising before and after the Submission or any portion thereof; to add to, alter and edit the Submission, or any portion thereof, including the right to add music, narration, voice over, textual material or any other audio or visual materials to the Submission or any portion thereof as Promoter may choose, in the exercise of its sole and exclusive discretion.
5.2 Contestant hereby grants Promoter all rights, in perpetuity, in any Derivative Works that may be created by Promoter using the Submission of any part thereof.
6. Disclaimer and Limitation of Liability.
6.1 Promoter make no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize (including, without limitation, the Grand Prize) furnished in connection with the Contest. The Promoter not responsible for any incorrect or inaccurate information, reviews, Ratings, or other materials, whether caused or created by Site users, by tampering or "hacking," or by any of the equipment or programming associated with or utilized as part of the Site or the Contest, and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, or unauthorized access to the Site. Although Promoter attempts to ensure the integrity of the Contest, Promoter is not responsible for the actions of Contestants in connection with the Contest, including Contestants' attempts to circumvent the Official Terms and Conditions or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of the Contest.
6.2 Promoter is not responsible for injury or damage to Contestant’s or to any other person's computer, other equipment, or person related to or resulting from participation in the Contest, or downloading materials from or using the Site.
6.3 If, for any reason, the Contest is not capable of running as planned by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, strikes, industry conditions, marketplace demands, or any other causes which, in the sole opinion of Promoter, could corrupt, compromise, undermine, or otherwise affect the administration, security, fairness, integrity, viability, or proper conduct of the Contest, Promoter reserves the right in its sole and absolute discretion to modify these Official Terms and Conditions and/or to cancel, terminate, modify, or suspend the Contest.
6.4 Promoter retains the absolute right, in its sole and exclusive discretion, to terminate or discontinue this Contest at anytime, for any reason or no reason at all.
6.5 IN NO EVENT WILL THE PROMOTER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATITVES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE SITE, PROMOTER'S REMOVAL FROM THE SITE OF, OR DISCONTINUATION OF ACCESS TO, ANY SUBMISSION OR OTHER MATERIAL, OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE, OR MISUSE, OF ANY PRIZE AWARDED IN CONNECTION WITH THE CONTEST. WITHOUT LIMITING THE FOREGOING, THE CONTEST AND ALL MATERIALS PROVIDED ON OR THROUGH THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
6.6 Liability Release and Indemnification by Contestant. BY ENTERING THE CONTEST, ENTRANTS RELEASE AND HOLD THE PROMOTER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATITVES HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE CONTEST OR PARTICIPATION IN ANY CONTEST-RELATED ACTIVITY (INCLUDING, WITHOUT LIMITATION, THE REMOVAL FROM THE SITE OF, OR DISCONTINUATION OF ACCESS TO, ANY SUBMISSION OR OTHER MATERIAL), OR RESULTING DIRECTLY OR INDIRECTLY FROM ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE CONTEST, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY.
7. Arbitration.
7.1 In the event of any dispute arising out of or in connection with these Official Terms and Conditions or the Contest, regardless of the number or identity of defendant(s) or plaintiff(s), such dispute shall be submitted to arbitration in the County of Los Angeles, State of California, in accordance with the rules and regulations of the American Arbitration Association then in effect (as amended herein), provided that said arbitration shall be heard before a single arbitrator, selected pursuant to such rules and regulations, and shall be conducted on an expedited basis and in confidence. The arbitrator shall have at least ten (10) years of related intellectual property experience, and be well acquainted with the entertainment, new media, and Internet industries. The arbitrator selected pursuant to these Official Terms and Conditions shall be well acquainted with the entertainment, Internet, and new media industries, and shall not have the power to impose punitive damages.
7.2 Each party hereby waives any and all rights and benefits which it might otherwise have or be entitled to under federal law or the laws of California or any other state to litigate any such dispute in court, it being the intention of the parties to arbitrate, according to the provisions of these Official Terms and Conditions, all such disputes. The arbitrator's decision shall be controlled by the terms and conditions of these Official Terms and Conditions, and any other agreements you may enter into with Promoter in connection with the Contest, and shall be final and binding, and shall provide for each party to bear its own costs of arbitration and attorneys' fees. EACH PARTY EXPRESSLY WAIVES ANY RIGHT TO A JURY.
7.3 Any award favorable to you, if related to any Submission or use of any materials owned or created by you or under your control (including Submissions, or any other content or information of any kind), shall be limited to the fixing of compensation which shall bear a reasonable relation to compensation customarily paid by for similar material, taking into account your creative experience at the time the material was submitted, the nature of the material, and any amount received by you for other material created before the submission of the disputed material to Promoter. Judgment upon the award of the arbitrator may be entered or enforced in any court of competent jurisdiction.
7.4 If either party shall fail to appear at the hearing on the date designated in accordance with the rules of the American Arbitration Association, or shall otherwise fail to participate in the arbitration proceeding, the arbitrator is hereby empowered to proceed ex parte. In the event of any dispute concerning these Official Terms and Conditions, or any other agreement between you and Promoter in connection with the Contest, your sole and exclusive remedy shall be to seek damages pursuant to an arbitration authorized by this Section, and in no event will you be entitled to seek injunctive or other equitable relief. If you do not agree to these requirements (or any other provision herein), do not participate in the Contest.
8. Governing Law.
The Contest and these Official Terms and Conditions are governed by and shall be construed in accordance with the laws of the State of California, United States of America, without regards to its principles of conflicts of law. For any dispute not subject to arbitration according to the provisions of these Contest Terms and Conditions, entrant agrees to personal jurisdiction by the federal and state courts located in the County of Los Angeles, California, United States of America, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. Further, in any such dispute, under no circumstances will entrant be permitted to obtain awards for, and hereby irrevocably waives all rights to claim, punitive, incidental, or consequential damages, or any other damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (i.e., costs associated with participating in the Contest), and Contestant further irrevocably waives all rights to have damages multiplied or increased.
9. Headings.
Headings and captions are used in these Official Terms and Conditions solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Terms and Conditions or any provision hereof.
10. Binding Effect of These Terms and Conditions.
Contestant understands and agrees that the grant of rights and the release of liability contained herein will be binding upon Contestants heirs, executors, and administrators. If there is any conflict between the Official Terms and Conditions as stated herein and as stated in any other document, including the Entry Form, these Official Terms and Conditions shall control and be deemed conclusive and binding.
©2007 Tri-Tech Internet Services, Inc. All rights reserved