TERMS AND CONDITIONS
HMEDIA ADS (“we,” “us,” or “HMEDIA ADS”), a Czech Republic company, owns and operates the site <hotmasseuse.com> (“Site”).
The Terms and Conditions set forth below form an agreement (the “Terms”) that governs your use of the Site. By using or accessing the Site, you agree that the Terms set forth below form an agreement (the “Agreement”) that governs your use of the Site.
We reserve the right, at our discretion, to modify these Terms at any time. Any updated version of these Terms supersedes and replaces any prior versions upon posting. You agree to periodically check and review new versions for changes. YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES.
YOU CANNOT USE THIS SITE IF YOU ARE NOT AT LEAST 18 YEARS OF AGE AND THE AGE OF MAJORITY AND LEGAL CONSENT IN THE JURISDICTION IN WHICH YOU LIVE OR RESIDE AND HAVE THE LEGAL CAPACITY TO ENTER INTO THESE TERMS.
By submitting any content (including, without limitation, your photograph and Profile and other information) to our Site, you represent and warrant to us that the content, including your photograph, is posted by you and that you are the exclusive author of the content, including your photograph, and use of your content by us will not infringe or violate the intellectual property or other rights of any third party. You waive all moral rights to the content. By submitting any content to our Site, you automatically grant, and you represent and warrant that you have the right to grant, to us, an unlimited, perpetual, worldwide, non-exclusive, royalty-free, irrevocable, transferable right and license to use, reproduce, display, broadcast, distribute, create derivative works of, sub-license, assign, and modify such content or incorporate it into other works, and to grant and to authorize sub-licenses and other transfers of the foregoing. You specifically authorize us to use this license to reproduce and display the photographs you transmit to us, in digital form alone or in connection with other images and to adapt, modify, or alter your photographs or otherwise create derivative works based upon your photographs. We are under no obligation to remove your Profile or pictures. You agree that we may use your contact information to send or transmit to you information and promotional materials about our Site.
You are solely responsible for any content that you submit, post, or transmit via our Site.
In your use of our Site, you agree to act responsibly in a manner demonstrating the exercise of good judgment. For example and without limitation, you agree not to:
Violate any applicable law or regulation;
Infringe the rights of any third party, including, without limitation, intellectual property, privacy, publicity, or contractual rights;
Use the information available through our Site for any unauthorized or unlawful purpose;
Interfere with or damage our Site, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology, including methods that in any way reproduces or circumvents the navigational structure or presentation of the Site or its contents;
Use our Site to transmit, distribute, post, or submit any information concerning any other person or entity, including, without limitation, photographs of others, personal contact information, or credit, debit, calling card, or account numbers;
Use our Site to obtain the personal contact information of another user without their prior consent;
Use our Site in connection with the distribution of unsolicited commercial email (“Spam”) or advertisements;
“Stalk” or harass any other user of our Site;
Use the Site for any illegal purposes, including, without limitation, prostitution and/or solicitation;
Collect or store any information about any other user other than in the course of the permitted use of our Site;
Use our Site for any commercial purpose whatsoever, including, without limitation, advertising or marketing any services or products, except those services contemplated by this Agreement;
Impersonate any person or entity;
Remove any copyright, trademark, or other proprietary right notices contained on the Site;
Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Site or any software used on or for the Site;
Post, upload, or transmit false, misleading, or illegal information or content to the Site;
Make false statements, or attempt to use personal, financial, or other information that you are not authorized to use;
Upload, post, email, transmit, or otherwise make available any content that you are not legally permitted to make available to the Site under any law or any contractual or fiduciary relationship (including, without limitation, inside information and information subject to obligations of confidentiality);
Disrupt the flow of dialogue, cause a screen to “scroll” faster than other users or members of the Site are able to read the type, or otherwise engage in behavior that negatively affects the ability of other users or members to engage in communications or other interactions on our Site;
Upload, post, email, or transmit any other user’s or member’s private information or data;
Provide hyperlinks, URL links, graphic links, or other direct connection to our Site for profit or gain;
Assist any third party in doing any of the foregoing; or
Post any content that:
Is libelous, defamatory, or slanderous;
Contains pornographic, sexually explicit, or vulgar content;
May denigrate any ethnic, racial, sexual, or religious group by stereotypical depiction or otherwise, including by promoting racism, bigotry, hatred, or physical harm of any kind against any group;
Exploits images or the likeness of individuals under 18 years of age, including in a sexual or violent manner, or solicits personal information from anyone under the age of 18, or harms minors in any way;
Encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes) or any illegal acts;
Makes use of offensive language or images or is otherwise patently offensive to the online community;
Harasses or advocates harassment of another person;
Involves the transmission of “junk mail” or “chain letters”;
Characterizes violence as acceptable, glamorous, or desirable;
Solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
Promotes inaccurate, misleading, or false information; or
Contains any identifiable personal contact information other than as required to use the Site.
We have no obligation to post or to allow you to continue to post any content that you or anyone else submits. While we do not and cannot review every message or other material posted or sent by users on our Site, and are not responsible for any content of these messages or material, we reserve the right, but are not obligated, to monitor, delete, move, remove, block, refuse to post or transmit, or edit messages or materials, including, without limitation, advertisements, profiles, public postings, emails, and messages, that we, in our sole discretion, deem to violate these Terms or any applicable content guidelines, or to be otherwise unacceptable. You understand and agree that you shall remain solely responsible for the content of profiles, public postings, messages, and other materials you may upload to the Site. You also understand and agree that we cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by advertisers on our Site.
YOUR INTERACTIONS WITH ADVERTISERS ON THE SITE
You agree to take reasonable precautions in all interactions with advertisers on our Site, particularly if you decide to meet offline or in person. You should not provide your personal or financial information (for example, your credit card or bank account information) to advertisers on our Site. Neither should you provide personal contact information such as your phone number or address. That information may be misused. There is no substitute for acting with caution when communicating with any stranger that would like to meet you.
You agree that we will not be responsible for any damage or harm resulting from your use of the Site or your interactions with advertisers on our Site. You understand and acknowledge that we do not pre-approve any of our advertisers nor do we in any way inquire into the backgrounds of the advertisers on our Site or attempt to verify their statements. We make no representations or warranties as to the conduct of our advertisers or their compatibility with any current or future Site users. WE DO NOT PERFORM CRIMINAL OR ANY OTHER FORM OF BACKGROUND CHECKS ON ADVERTISERS ON OUR SITE. It is your responsibility to investigate the background, financial status, criminal background, character, and all other aspects that might affect whether or not you want to interact with an advertiser on our Site. We reserve the right, but have no obligation, to monitor all interactions between you and advertisers on our Site and to take any action in good faith to restrict access to or the availability of any material that we or advertisers on our Site may consider to be illegal, obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable. Email and chat messages sent between you and advertisers on our Site that are not readily accessible to the general public may be reviewed by us for compliance with these Terms, but will be treated by us as private to the extent required by applicable law. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, punitive, and/or incidental, arising out of or relating to your conduct or the conduct of anyone else in connection with the use of the Site, including, without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with advertisers on our Site. We are not responsible for, and cannot control, the use by others of any information which you provide to them and you should use caution in selecting what information, particularly personal information, you provide to advertisers on our Site. We cannot and do not assume any responsibility for the content of messages sent by advertisers on our Site. You agree that we are not responsible for the accuracy of information communicated to you through the Site. You agree to release us, our parents, subsidiaries, and affiliated entities and ours and their shareholders, officers, directors, employees, agents, successors, and assigns from any and all liability in connection with the Site and the contents of any communications you may receive from advertisers on our Site. We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates these Terms, including, without limitation, removing the offending communication from the Site, terminating the violator’s access to the Site and contacting and disclosing information to the relevant authorities and pursuant to legal process; however, you agree that we are under no obligation to do so.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH ADVERTISERS ON OUR SITE. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Organizations, companies, and/ or businesses may not use the Site for any purpose. Illegal and/or unauthorized uses of our Site, including prostitution and/solicitation, escort services, financial fraud, collecting usernames and/ or email addresses of users by electronic or other means for the purpose of sending unsolicited email, and unauthorized framing of or linking to our Site may be investigated, and appropriate legal action will be taken, including, without limitation, civil, criminal, and injunctive redress. You understand and agree that use of our Site is with our permission, which may be revoked at any time, for any reason, in our sole discretion.
Content is Protected by Law.
You acknowledge and agree that all content and materials available on our Site are protected by law.
Use of Content.
You agree not to systematically retrieve data or other content or any materials from our Site to create or compile, directly or indirectly, a collection, compilation, database, directory or the like, whether by manual methods, through the use of “bots,” or otherwise. You agree not to use any of our trademarks or logos as metatags on other web sites. You agree not to display any of our Site in a frame (or any of our content via in-line links) without our express written permission.
All of the content on our Site is provided “AS IS.” All content is the responsibility of the person that originated such content. You understand and agree that under no circumstances will we or our parents, subsidiaries, or affiliated entities or our or their shareholders, officers, directors, employees, agents, successors, or assigns be liable for any losses, liabilities, or damages incurred as a result of your use of any content on our Site.
USERNAME AND PASSWORD
You will select a username and password when completing the registration process. You agree that you will not choose a name that may represent you as someone else or that may otherwise violate some third party’s rights. Your username and password are not transferable and may not be assigned. You are solely and fully responsible for maintaining the confidentiality of your username and password, and are solely and fully responsible for all activities that occur under your username and password. You agree to immediately notify us of any unauthorized use of your username and password or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this Section.
DISCONTINUANCE OF SERVICE
We reserve the right at any time to modify or discontinue, temporarily or permanently, any portion of our Site with or without prior notice. You acknowledge and agree that we will not be liable to you or to any third party for any modification or discontinuance of our Site.
BLOCKING OF IP ADDRESSES
In order to protect the integrity of the Site, we reserve the right at any time, in our sole discretion, to block users from certain IP addresses from accessing our Site.
REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant to us that: (a) you have the full power and authority to enter into and perform under these Terms; (b) your use of our Site will not infringe or violate the copyright, trademark, right of publicity, or any other legal right of any third party; (c) you will comply with all applicable laws and regulations in using our Site and in engaging in all other activities arising from, relating to, or connected with these Terms, including, without limitation, contacting other users of our Site; (d) you have never been convicted of a sexual offense and that you have no such charges currently pending against you; and (e) you own or otherwise have all rights necessary to license the content you submit and that the posting and use of your content by us will not infringe or violate the rights of any third party.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT:
IF YOU USE OUR SITE, YOU DO SO AT YOUR OWN AND SOLE RISK. OUR SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT (A) OUR SITE WILL MEET YOUR REQUIREMENTS; (B) OUR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT YOU MAY OBTAIN ON OUR SITE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OR RELIABILITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS; (E) ANY INFORMATION YOU PROVIDE OR WE COLLECT WILL NOT BE DISCLOSED TO THIRD PARTIES; (F) ANY PROFILE ON OUR SITE IS ACCURATE, UP TO DATE, OR AUTHENTIC; (G) ANY MATERIAL OR FILES THAT YOU CAN DOWNLOAD FROM THE INTERNET WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MAY HAVE DAMAGING EFFECTS ON YOUR OR ANY OTHER PERSON’S COMPUTERS OR OTHER EQUIPMENT; (H) THIRD PARTIES WILL NOT USE YOUR CONFIDENTIAL INFORMATION IN AN UNAUTHORIZED MANNER; OR (I) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL/CHAT OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH OUR SITE. UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR ADVERTISERS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF OUR SITE, ANY CONTENT POSTED ON OUR SITE OR TRANSMITTED TO USERS, ANY PRODUCTS OR SERVICE PROVIDED BY THIRD PARTIES, OR ANY CONDUCT OR INTERACTIONS BETWEEN USERS OF OUR SITE, WHETHER ONLINE OR OFFLINE.
IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF OUR SITE, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU IN CONNECTION WITH SUCH ACTIONS. WE ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON OUR SITE OR IN CONNECTION WITH THE SITE, WHETHER CAUSED BY ADVERTISERS ON OUR SITE OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SITE.
NO DATA, INFORMATION, OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
LIMITS ON LIABILITY
YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, PUNATIVE, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM, RELATING TO, OR CONNECTED WITH: (A) THE USE OR INABILITY TO USE OUR SITE; (B) DISCLOSURE OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF YOUR CONTENT; (C) STATEMENTS, CONDUCT, OR OMISSIONS OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON OUR SITE; (D) ACTIONS OR INACTIONS OF ADVERTISERS ON OUR SITE OR ANY OTHER THIRD PARTIES FOR ANY REASON; OR (E) ANY OTHER MATTER ARISING FROM, RELATING TO, OR CONNECTED WITH OUR SITE OR THESE TERMS.
WE WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS WHERE SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING NATURAL CATASTROPHES, GOVERNMENTAL ACTS OR OMISSIONS, LAWS OR REGULATIONS, TERRORISM, LABOR STRIKES OR DIFFICULTIES, COMMUNICATION SYSTEM BREAKDOWNS, HARDWARE OR SOFTWARE FAILURES, TRANSPORTATION STOPPAGES OR SLOWDOWNS.
IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM, RELATING TO, OR CONNECTED WITH OUR SITE OR THESE TERMS EXCEED THE SUM OF TEN DOLLARS ($10.00) USD.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. THESE LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THESE TERMS.
YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS OF WARRANTIES AND THESE LIMITATIONS OF LIABILITY ARE AN AGREED UPON ALLOCATION OF RISK BETWEEN YOU AND US. YOU ACKNOWLEDGE AND AGREE THAT IF YOU DID NOT AGREE TO THESE LIMITATIONS OF LIABILITY WE WOULD NOT PROVIDE OUR SITE OR THE MATERIALS OR CONTENT INCLUDED TO YOU. YOU ACKNOWLEDGE AND AGREE THAT SUCH PROVISIONS ARE REASONABLE AND FAIR.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You agree to defend, indemnify, and hold us, and our subsidiaries, parents, affiliates, and each of our and their directors, officers, managers, members, partners, agents, other representatives, employees, successors, assigns, and customers (each an “Indemnified Party” and collectively, the “Indemnified Parties”), harmless from any claim, demand, action, damage, loss, cost, or expense, including, without limitation, attorneys’ fees and costs, investigation costs, and settlement expenses, incurred in connection with any investigation, claim, action, suit, or proceeding of any kind brought against any Indemnified Party arising out of your use of our Site, any alleged or actual infringement of the intellectual property rights by you of any party, any injury or damage to property or person by you, any act by you in connection with any user or member of this Site or any other third party, any business practices in which you engage or are alleged to engage, or alleging facts or circumstances that could constitute a breach by you of any provision of these Terms and/or any of the representations and warranties set forth above. If you are obligated to indemnify an Indemnified Party, we and the Indemnified Party will have the right, in our sole discretion, to choose our attorneys, experts, and other advisers, conduct our own inquiry into the matter, control any investigation, action, or proceeding and determine if and how we wish to settle it. You agree that you will advance costs and expenses to any Indemnified Party. You agree to cooperate with the Indemnified Parties in connection with any investigation, claim, action, or proceeding covered by this Section.
The Site contains information which is proprietary to us and our advertisers. We assert full copyright protection in the Site. Information posted by us or advertisers on our Site may be protected whether or not it is identified as proprietary to us or to them. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
The Digital Millennium Copyright Act of 1998, as amended (“DMCA”), provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the United States copyright laws. Other laws provide similar protection. If you believe that your work has been copied, posted, or otherwise made available through the Site in a way that constitutes copyright infringement, please notify us of your complaint and a requirement that such content be removed or blocked, as set forth in the DMCA. Please consult the DMCA to confirm these requirements. You must provide us with the following information in writing, to the extent required by the DMCA: (a) an electronic or physical signature of the person authorized to act on behalf of the copyright owner that is allegedly infringed; (b) identification of the copyrighted work that you claim has been infringed (or, if multiple copyrighted works on a site are covered by a single complaint, a representative list of the allegedly infringing works on the Site); (c) identification of the material that is claimed to be infringing and to be removed, and information reasonably sufficient to permit us to locate the material on our Site; (d) information reasonably sufficient to permit us to contact the complaining party, such as your address, telephone number, and e-mail address; (e) a written statement by you that you have 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 (f) a statement by you, made under penalty of perjury, that the above information in your notice and complaint is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Please be aware that the foregoing information in your complaint may be forwarded to the person who provided the allegedly infringing content.
Pursuant to Section 5l2(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
If you believe that your material has been mistakenly removed or disabled pursuant to this Section, you may submit a counter notice by notifying us.
Pursuant to Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
Arbitration and Class Action Waiver
All disputes. controversies, causes of action (in tort, contract, by statute or otherwise) (“Disputes”), including, without limitation, Disputes arising from or relating to this arbitration provision (including the interpretation, breach, termination, and invalidity thereof) or the relationship that results from this Agreement shall be resolved by binding arbitration by a single independent and impartial arbitrator under the applicable Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer - Related Disputes of the American Arbitration Association (“AAA”). More information regarding the AAA can be found at: http://www.adr.org/
Arbitration replaces the right to go to court, and therefore the parties waive any right that you or HMEDIA ADS might otherwise have had to a jury trial or the opportunity to litigate any claims in court before either a judge or jury. Notwithstanding the foregoing, HMEDIA ADS reserves the right to pursue the protection of intellectual property rights and confidential information and to stop other illegal activities through injunctive relief or other equitable relief through the courts.
The exclusive venue for the arbitration shall be Richmond, Virginia. The parties will agree on a reasonable location, in the event that Richmond, Virginia is an inconvenient forum. The parties will endeavor to minimize the need for long distance travel through use of telephonic communications and submission of documents as permitted under the applicable rules for Expected Procedures. The official language of the arbitration shall be English.
Right to Opt-Out.
If you do not wish to be bound by this arbitration provision, you must notify HMEDIA ADS in writing within thirty (30) days of the date that you first received this notice of the arbitration provision. Your written notification to HMEDIA ADS must include your name and address and Username, as well as a clear statement that you do not wish to resolve disputes with HMEDIA ADS through binding arbitration. Your decision to opt out of this arbitration provision will have no adverse effect on your relationship with HMEDIA ADS and your use of the Site.
This Agreement involves transactions between the parties in interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 – 16. Judgment upon any interim or final award shall be entered and confirmed in any court or tribunal of competent jurisdiction. The substantive law of Virginia (excluding its conflicts of law provisions) shall apply to all Disputes and the Agreement. If there is a difference between the Federal Arbitration Act and Virginia law, the Federal Arbitration Act controls.
Both parties retain the right to file any claim that is not aggregated with the claim of any other persons and whose amount in controversy is properly within the jurisdiction of a court which is limited to adjudicated small claims.
Class and Consolidated Claims Waiver.
You agree you shall not have the right to participate as a class representative or class member with respect to any Disputes subject to arbitration under this Agreement or any Dispute between the parties. You also waive any right to assert consolidated claims with respect to any Disputes subject to arbitration under this Agreement or any Dispute between the parties.
Limit of Liability.
Liability for HMEDIA ADS is limited to $10.00 USD in damages. The parties waive and the arbitrator shall not be empowered to grant indirect, consequential, special, punitive, or exemplary damages and/or damages or relief in excess of those permitted by this Agreement unless the statute under which they are suing provides otherwise. An arbitration award rendered by the arbitrator may be entered in any court having jurisdiction for the purposes of enforcement.
Notice of Claims, Timing of Disputes, and Nature of Award.
All Disputes shall be filed within one (l) year of the date the Disputes arose or occurred. You expressly waive any contrary statute of limitations or time bars, both legal and equitable, to the Disputes.
You do not have the right to assign these Terms or this Agreement or any of your rights to our Site to anyone. HMEDIA ADS has the right to assign any or all of its rights and obligations under this Agreement or to the Site to any third party. Provided such rights and obligations are assumed by such third party, HMEDIA ADS shall be relieved of any and all liability under this Agreement and in such event you hereby agree to release HMEDIA ADS and its parent, subsidiaries, or affiliated entities or its or their shareholders, officers, directors, employees, agents, successors, or assigns of all liability, claims, charges, damages, and causes of action.
Unless provided otherwise in these Terms, all notices to us shall be delivered to 8033 W Sunset Blvd. Suite 4100, Los Angeles, California 90046, and all notices to you shall be sent by email to you at the email address you provided to us at the time you registered or through a later notice of a change of address. We may also send you notice by overnight courier or certified mail, postage prepaid. Email notices shall be deemed received 24 hours after the email is sent, unless the sender is notified the email address is invalid or has been returned for some other reason. All other notices shall be deemed received when delivered.
16. REFUND POLICY
All paid advertisers has a right to request a full refund within 3 days from the day of registration by e-mailing to our billing support at email@example.com
This Agreement is intended to be governed by the Electronic Signatures Act (E-SIGN Act). By submitting the acceptance form provided by Company, you thereby affix your electronic signature to this Agreement, and thereby manifest assent to all terms contained herein.
Křemenáčová 90/6, Pitkovice, 104 00 Praha 10