Terms of Service for use of this web
site Allure Media Entertainment
Group, Inc. Allureinc.com ©
2005
All Rights Reserved
1. ACCEPTANCE OF
TERMS
Welcome to the
Allureinc.com website. ALLUREINC.COM provides its service to you, subject
to the following Terms of Service (“TOS”), which may be updated by us from
time to time without notice to you. You can review the most current
version of the TOS at any time at
http://www.allureinc.com/terms.html. In addition, when using particular
ALLUREINC.COM services, you and ALLUREINC.COM shall be subject to any
guidelines or rules applicable to such services which may be posted from
time to time. All such guidelines or rules are hereby incorporated by
reference into the TOS.
ALLUREINC.COM also may offer various services from time to time
which may be governed by different terms of service.
2. DESCRIPTION OF
SERVICE
ALLUREINC.COM
currently provides users with a website which provides access to a venue
of a broad variety of items which are being offered for sale by
third-parties, as well as advertising and links to related services and
service providers (the “Service”).
The Service provided by ALLUREINC.COM may be modified from time to
time without notice. It is
important to note that since ALLUREINC.COM solely provides the venue, it
is not involved in the actual transaction between buyers and sellers. As a
result, ALLUREINC.COM has no control over the quality, safety or legality
of the items advertised, the truth or accuracy of the listings, the
ability of sellers to sell items or the ability of buyers to buy items. We
cannot ensure that a buyer or seller will actually complete a
transaction. You also
understand and agree that the Service may include advertisements and that
these advertisements are necessary for ALLUREINC.COM to provide the
Service. Unless explicitly stated otherwise, any new features that
augment, modify or enhance the current Service, shall be subject to the
TOS. You understand and agree that the Service is provided “AS‑IS” and
that ALLUREINC.COM assumes no responsibility for the timeliness, deletion,
mis‑delivery or failure to store any user communications or
personalization settings.
You are
responsible for obtaining access to the Service and that access may
involve third party fees (such as Internet service provider or airtime
charges). You are responsible for those fees, including those fees
associated with the display or delivery of advertisements. In addition,
you must provide and are responsible for all equipment necessary to access
the Service.
3. PRIVACY
POLICY
Registration
Data and certain other information about you is subject to our Privacy
Policy. For more information, see our full privacy policy at http://www.allureinc.com/privacy.html
4. CONDUCT
You understand
that all information, data, text, sound, photographs, graphics, video,
messages or other materials (“Content”), whether publicly posted or
privately transmitted, are the sole responsibility of the person from
which such Content originated. This means that you, and not ALLUREINC.COM,
are entirely responsible for all Content that you upload, post, download,
email, transmit or otherwise make available or receive via the Service.
ALLUREINC.COM does not control the Content posted via the Service and, as
such, does not guarantee the accuracy, integrity or quality of such
Content. Under no circumstances will ALLUREINC.COM be liable in any way
for any Content, including, but not limited to, for any errors or
omissions in any Content, or for any loss or damage of any kind incurred
as a result of the use of any Content posted, emailed, transmitted or
otherwise made available via the Service.
ALLUREINC.COM does not control the information
provided by sellers which is made available through our system.
ALLUREINC.COM does not claim ownership of Content submitted or made
available on the Service. You acknowledge that ALLUREINC.COM does not
pre‑screen or verify Content.
You may find seller’s information to be inaccurate, offensive,
harmful or deceptive. Please use caution and common sense when using our
site. Please note that there are also risks of dealing with underage
persons or people acting under false pretense. Additionally, there may
also be risks dealing with international trade and foreign
nationals.
Earnings and
Career Advancement Disclaimer:
As with any career or business, your results may vary, and
will be based on your individual capacity, business experience, expertise,
and level of desire. There are no guarantees concerning the level of
success you may experience. Each individual’s success depends on his
or her background, dedication, desire and motivation.
There is no assurance that the purchase of any of our
products, coaching services, or material reviews and critiques, or
any service provided by ALLUREINC.COM and its affiliates and
associates will advance your career or earnings. We cannot
guarantee your future results and/or success. There are some unknown risks
in career endeavors and business and on the internet that we cannot
foresee which can reduce results. We are not responsible for your
actions.
The use of our information, products and services should
be based on your own due diligence and you agree that our company is not
liable for any success or failure of your career or business that is
directly or indirectly related to the purchase and use of our information,
products and services.
5.
INTERNATIONAL USE
Recognizing
the global nature of the Internet, you agree to comply with all local
rules regarding online conduct and acceptable Content. Specifically, you
agree to comply with all applicable laws regarding the transmission of
technical data exported from the
United
States
or the country in which you reside.
6.
INDEMNITY
You agree to indemnify and hold ALLUREINC.COM, and
its directors, officers, employees, subsidiaries, and agents harmless from any claim
or demand, including reasonable attorneys’ fees, made by any third party
due to or arising out of Content you submit, post, transmit or make
available through the Service, your use of the Service, your connection to
the Service, your violation of the TOS, or your violation of any rights of
another.
7. RELEASE
Because we are not involved in the actual transaction
between you and third party partners, in the event that you have a dispute
with one or more users, you release ALLUREINC.COM (and our officers,
directors, agents, subsidiaries and employees) from claims, demands and
damages (actual and consequential) of every kind and nature, known
and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way
connected with such disputes.
8. DEALINGS WITH
ADVERTISERS
Your correspondence or business dealings with, or
participation in promotions of, advertisers found on or through the
Service, including payment and delivery of related goods or services, and
any other terms, conditions, warranties or representations associated with
such dealings, are solely between you and such advertiser. You agree that
ALLUREINC.COM shall not be responsible or liable for any loss or damage of
any sort incurred as the result of any such dealings or as the result of
the presence of such advertisers on the
Service.
9. LINKS
The Service may provide, or third parties may
provide, links to other World Wide Web sites or resources. Because
ALLUREINC.COM has no control over such sites and resources, you
acknowledge and agree that ALLUREINC.COM is not responsible for the
availability of such external sites or resources, and does not endorse and
is not responsible or liable for any Content, advertising, products, or
other materials on or available from such sites or resources. You further
acknowledge and agree that ALLUREINC.COM shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged
to be caused by or in connection with use of or reliance on any such
Content, goods or services available on or through any such site or
resource.
10. DISCLAIMER OF
WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE
THAT:
(a) YOUR USE OF
THE SERVICES PROVIDED BY ALLUREINC.COM IS AT YOUR SOLE RISK. THE SERVICE
IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALLUREINC.COM
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON‑INFRINGEMENT.
(b)
ALLUREINC.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR‑FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED.
(c) ANY
MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL.
(d) NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
ALLUREINC.COM OR THROUGH OR FROM THE SERVICES PROVIDED BY ALLUREINC.COM
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE
TOS.
(e)
Although every effort has been made to correctly and authoritatively
present the material offered at this Web Site it is presented with the
understanding that the author and publisher are not engaged in rendering
legal, accounting, or other professional advice. The material offered at
this Web Site is intended to convey information only and should not be
construed as advice. If expert assistance is needed, a competent
professional person should be consulted. Also, the information is offered
"as is" and the author and publisher make no claim, and do not guarantee
results of any kind, expressed or implied. It is also possible those
mistakes have been made, or that the material may be misinterpreted by the
reader. Therefore, the author and publisher accept no responsibility for
any use, misuse, or misunderstanding of the information offered at this
Web Site.
11. LIMITATION
OF LIABILITY
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT ALLUREINC.COM SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE,
DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ALLUREINC.COM HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE
INABILITY TO USE THE SERVICES OR INFORMATION ON THE ALLUREINC.COM WEBSITE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING
FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
SERVICES ON THE ALLUREINC.COM WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF
ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE
SERVICES OR INFORMATION PROVIDED ON THE WEBSITE.
12. EXCLUSIONS
AND LIMITATIONS
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 THE ABOVE LIMITATIONS OF SECTIONS 10 AND 11
MAY NOT APPLY TO YOU.
13. GENERAL
INFORMATION
The TOS
constitute the entire agreement between you and ALLUREINC.COM and govern
your use of the Service and Website, superceding any prior agreements
between you and ALLUREINC.COM. You also may be subject to additional terms
and conditions that may apply when you use affiliate services, third‑party
content or third‑party software. The TOS and the relationship between you
and ALLUREINC.COM shall be governed by the laws of the
Commonwealth
of Pennsylvania
without regard to its conflict of law provisions. You and ALLUREINC.COM
agree to submit to the personal and exclusive jurisdiction of the courts
located within the
county of Montgomery,
Pennsylvania. The failure of ALLUREINC.COM to exert- Allureinc.com or
enforce any right or provision of the TOS shall not constitute a waiver of
such right or provision. If any provision of the TOS is found by a court
of competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties’ intentions
as reflected in the provision, and the other provisions of the TOS remain
in full force and effect. You agree that regardless of any statute or law
to the contrary, any claim or cause of action arising out of or related to
use of the Service, Website or the TOS must be filed within one (1) year
after such claim or cause of action arose or be forever
barred.
You can
contact allureinc.com at this web address
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