This Agreement sets forth the standards of use of the Alias Encore, Inc. (the “Company”) web site located primarily at aliasencore.com (the “Service”). By accessing and/or using the Service, you agree to these terms and conditions. If you do not agree to the terms and conditions of this Agreement, you should immediately cease all usage of the Service. Company reserves the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice. Modifications shall become effective immediately upon being posted at the aliasencore.com web site. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. Access of the Service
Company is providing you with access to the Service. You must provide (1) all equipment necessary for your own Internet connection, including computer and modem and (2) provide for your access to the Internet, and (3) pay any fees relate with such connection.
2. Disclaimer of Warranties
The Service is provided by Company on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Company makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Service in terms of its correctness, accuracy, reliability, or otherwise. Company shall have no liability for any interruptions in the use of the Service. Company disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion may be inapplicable in your jurisdiction.
3. Limitation of Liability
COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE SERVICE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE IN YOUR JURISDICTION.
You agree to indemnify and hold Company, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your use of the Service, the violation of this Agreement, or infringement by you, or other user of the Service using your computer, of any intellectual property or any other right of any person or entity.
5. Modifications and Interruption to Service
Company reserves the right to modify or discontinue the Service with or without notice to you. Company shall not be liable to you or any third party should Company exercise its right to modify or discontinue the Service. You acknowledge and accept that Company does not guarantee continuous, uninterrupted or secure access to the Service and operation of the Service may be interfered with or adversely affected by numerous factors or circumstances outside of Company’s control.
6. Third-Party Sites
7. Governing Jurisdiction of the Courts
The Service is operated and provided in the State of California. As such, Company is subject to the laws of the State of California, and such laws will govern this Agreement, without giving effect to any choice of law rules. Company makes no representation that the Service or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access the Service you agree to do so subject to the internal laws of the State California.
8. Compliance with Laws
You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
9. Copyright and Trademark Information
All content included or available on through the Service, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2008-2009 Alias Encore, Inc., with all rights reserved, or is the property of Company and/or third parties protected by intellectual property rights. Any use of materials on the Service, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Company is strictly prohibited. You agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy pages from the Service or the content contained therein without prior written permission of an authorized officer of Company.
Alias Encore, Inc. and aliasencore.com are proprietary marks of Company. Company’s trademarks may not be used in connection with any product or service that is not provided by Company, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Company.
All other trademarks displayed on the Service are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those vendors. In addition, such use of trademarks or links to the web sites of vendors is not intended to imply, directly or indirectly, that those vendors endorse or have any affiliation with Company.
10. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Company designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
Alias Encore, Inc.
26895 Aliso Creek Road Suite B6
Aliso Viejo, CA 92656-5301
By Telephone: (866) 608-8202
By Email: email@example.com
Company retains the right, at Company’s sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Company reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at Company’s discretion.
12. Other Terms