Your agreement to all the terms and conditions of this agreement ("Agreement") is required before You can use the LibbySmithOfficial.com (Herein after referred to as the "Service", "Website", or "Site"). As used in this Agreement, the terms "Company", "we" and "us" are used interchangeably to refer to the operators of the Website (sometimes referred to as LibbySmithOfficial.com). Your agreement is required before the operators of LibbySmithOfficial.com will grant You authorized access to their computer databases to obtain or use copies of photographs, video, text or graphics ("Content") offered in, at or through the Website. If You do not agree to the terms and conditions, set forth below, You will not be authorized to use the Website nor will You have permission to access the servers hosting LibbySmithOfficial.com or view, download or otherwise use any "adults-only" Content available in, at or through the Website.
IT IS VERY IMPORTANT THAT YOU COMPLETELY READ THIS AGREEMENT BECAUSE BY YOUR DOWNLOADING OR VIEWING CONTENT FROM THE LibbySmithOfficial.com SITE OR USING ANY OTHER SERVICES PROVIDED BY THE OWNERS OR OPERATORS OF THE WEBSITE, YOU WILL BE EXPRESSLY SIGNIFYING THAT YOU AGREE TO ALL THE FOLLOWING TERMS, CONDITIONS AND OTHER PROVISIONS, SET FORTH IN THIS AGREEMENT.
LibbySmithOfficial.com reserves the right, at our sole discretion, to change, modify, add, or delete portions of these Terms and Conditions of Use at any time without notice. We will post the changes to these Terms and Conditions of Use and User Agreement on the Terms and Conditions of Use page and will indicate at the top of the Terms and Conditions of Use page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms and Conditions of Use. If you do not agree to abide by Terms and Conditions of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms and Conditions of Use and to review such changes.
1. Parties To This Agreement And Consideration
1. The parties to this Agreement ("Agreement") are you ("You", sometimes referred to as a "User" of the Website). As used in this Agreement, the terms "we" and "us" are used interchangeably to refer to the Company and the operators of the Website (sometimes referred to as LibbySmithOfficial.com). By further accessing the Website or materials available at or in association with the Website, and for other good and valuable consideration, the sufficiency of which is acknowledged by You and the Company, You hereby agree to be bound by all the terms and conditions set forth in this Agreement.
2. Acknowledgement Of Sexual Content
You hereby acknowledge that the Content made available at, in, through and in association with Website by the Company and/or other parties that may provide Content available at, in, through or in association with the Website ("Affiliated Content Providers") and other materials available at, in, through or in association with the Website, include explicit visual, audio, and/or textual depictions of nudity and sexual activities, that You are not offended by such materials, and that by agreeing to these terms and conditions You are warranting to the Company and to the Affiliated Content Providers that You are intentionally and knowingly seeking access to such explicit sexual materials for Your own personal viewing.
3. Age-Restricted Materials And Age Restricted Access
No persons under the age of 18 years (21 years in places where eighteen 18 years is not the age of majority) may directly or indirectly view, possess or otherwise use any of the contents of the Website, access Company computers to obtain copies of the Content provided by the Company or Affiliated Content Providers or place any orders for any goods or services advertised in, at, through or in linked association with, the Website.
4. Affirmation That You Are An Adult
YOU HEREBY AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF 18 YEARS (21 YEARS IN PLACES WHERE 18 YEARS IS NOT THE AGE OF MAJORITY).
5. Parental control
You acknowledge that you understand that there are commercially available parental control protections (such as computer hardware, software, or filtering services) may assist you in limiting access to material that is harmful to minors. If you are interested in learning more about these protections, information is available at www.cybersitter.com, www.netnanny.com or other analogous sites providing information on such protections. (The preceding link is provided for information purposes only and is not intended as an endorsement of these entities, their services, or policies. S and S Royal Ltd. is not affiliated with them.).
Membership in LibbySmithOfficial.com is for adults only and void where prohibited. By using the Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement, and furthermore certify that:
6.1 You shall not permit any unauthorized person(s) to access the Site through Your actions or omissions.
6.2 You choose to access the Site voluntarily, because you want to view, read or hear the various materials, which may be available, for your own personal enjoyment, information, entertainment or education.
6.3 You have not notified any governmental agency, including the U.S. postal service, that you do not wish to receive sexually oriented material.
6.4 In Your judgment, the average adult in your community accepts the consumption of such materials by willing adults in circumstances such as this, which offer reasonable insulation from the materials for minors and unwilling adults, and will not find such materials to appeal to a prurient interest or to be patently offensive. You further represent and warrant that you are familiar with the standards in your community regarding the acceptance of such sexually oriented materials, and the materials you expect to encounter are within those standards.
7. Agreement Not To Access Content Or The Website From Prohibited Areas
As a material condition to the granting of the license to You to use the Website set forth in Paragraph 8 below, You agree and warrant that You shall at no time access, view, download, receive or otherwise use, or cause or enable others to access, view, download, receive or otherwise use the Website or access Content provided by the Company or Affiliated Content Providers through the use the Website, directly or indirectly in geographic locations that are identified by the Company as "PROHIBITED AREAS" from which the Company expressly prohibits such access, viewing, downloading, receipt or other use of the Content and Website. All of the following areas constitute such "PROHIBITED AREAS" from which the none of the age-restricted parts of Website, or any Content provided by Company or any Affiliated Content Providers, may be accessed, viewed, downloaded or otherwise received by You:
7.1 Prohibited Access Areas In The United States.
All parts of the United States of America corresponding to the entire areas corresponding to United States Postal Service zip codes commencing with any of the following three digits:
PROHIBITED AREAS IN THE UNITED STATES
(Please click on the hyperlink above to access a list of zip codes identified by their first three digits listing the prohibited areas in the United States from which You are not authorized to access or use Website or web site materials.)
7.2 Other Prohibited Access Areas.
7.2.1 All parts of the following countries: Afghanistan, Algeria, Chad, Germany, Kuwait, Indonesia, Iran, Iraq, Jordan, Lebanon, Libya, Micronesia, Morocco, North Korea, Pakistan, The Sudan, The Republic of China, Singapore, Saudi Arabia, Somalia, Syria, The United Arab Emirates, Yemen, all areas subject to Sharia law Islamic law based on the Koran) Islamic law; and
7.2.2 All locations within the territories of every political entity in which accessing, viewing, downloading, dissemination of, or other use of the sexual materials depicted on or available through the Website, such as Content provided by the Company or by Company-Affiliated Content Providers, is prohibited by law or would otherwise constitute a violation of any regulation, rule or custom.
8. Grant Of Limited License
You acknowledge and agree that all the materials available at or through the Website are proprietary and constitute valuable copyright, trademark and other intellectual property owned by or licensed to the Company. In consideration of Your representations, warranties and acknowledgments in this Agreement, and conditioned upon the truth of Your affirmation that You are an adult not located in a PROHIBITED AREA, the Company hereby grants You a single user license to access its computer servers to use the Website for Your private and non-commercial entertainment and educational use and enjoyment only.
9. Consequences Of Fraudulent Age Or Location Representation
You hereby acknowledge that You understand, and that You hereby agree, that any access to the age-restricted parts of the Website or Content made available by the Company or Affiliated Content Providers, by a minor or by any person constitutes the unauthorized accessing of the Company's computers and databases in excess of the authorization expressly granted by the Company in this Agreement, and that such unauthorized access violates state, federal and foreign laws, including, without limitation, The Electronic Communications Privacy Act, 18 U.S.C. ÃÃÃÃÂ§ÃÃÃÃÂ§ 2701-2710, The Computer Fraud and Abuse Act, 18 U.S.C. ÃÃÃÃÂ§ 1030 and The California Comprehensive Computer Data Access and Fraud Act, Cal. Penal Code ÃÃÃÃÂ§502 and constitutes trespass to chattels, and intentional copyright infringement(s) of the Company's copyrights in the Website and in Content owned by the Company, and/or other parties, that is displayed in, at or through the Website all of which are protected under the laws of the United States and other countries. You further acknowledge that You understand that any such unauthorized access of the Website and/or Company Content or Affiliated Content Providers' Content on the Company's computers could subject You to potential criminal prosecution and substantial civil liability. For example, intentional infringement of the Company's copyright in a single work could subject You to statutory damages of up to $150,000 per work infringed.
10. Termination of Your License To Use Website
You acknowledge and agree that We may, in our sole discretion, terminate or suspend Your access to all or part of the Website 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 Website at Our sole discretion, and You may be referred to appropriate law enforcement agencies.
11. Accounts & Password
You are responsible for maintaining the confidentiality of your Member name and password. You are responsible for all uses of its account, whether or not authorized by you. You agree to immediately notify LibbySmithOfficial.com of any unauthorized use of its account. You agree to pay all charges that accrue to your account through your use or the use of those authorized by you.
12. Important Access And Use Restrictions
You acknowledge and agree that You may only access, view, download, receive materials available at, in or through the Website, including Content provided by Website Content Providers, only in accordance with these terms and conditions and other restrictions set forth in this Agreement and otherwise posted on the Website, including specific terms and condition associated with the acquisition of Website Content Provider's Content, and posted revisions of this Agreement. You may access and use the Website only on one computer at a time and You may make only a single copy of the parts of the Website You access for Your own personal noncommercial educational and entertainment use and enjoyment. You may not use content for any commercial purpose whatsoever. You may not re-publish or provide any parts of the Website or any Website Content Providers' Content to any other person without express prior written authorization by the Company. Such prohibited uses include, without limitation, emailing, phone messaging or any other publication of the Website or Website Content Provider's Content, in whole or in part, on any web page, including on any personal web page You may own or be affiliated with, including but not limited to any social network page (e.g. Facebook or Myspace), regardless of whether any of the aforementioned uses are commercial or non-commercial. Any and all such unauthorized use will constitute intentional copyright infringement that could subject You to serious potential liability.
13. Member Subscriptions And Cancellations
13.1 Monthly subscription. Upon subscribing as a website VIP member, You hereby authorize Company's payment processing agent (Epoch.com or other authorized agent as disclosed on the "join page" of the website) to charge your credit card (or other approved payment facility) for periodic RECURRING subscription fees according to the then-current billing terms for the Service. Monthly rates of Your subscription will be AUTOMATICALLY renewed at the rate specified on the site's JOIN page and your credit card (or other approved facility) will be charged at the then-current subscription rate unless you notify the Company that you wish to cancel your subscription no less than two (2) days prior to the end of the preceding billing period. YOU are liable for any subscription charges incurred by you up to and until termination of the Service. All charges will appear on your credit card statement according to the terms of service of Company's payment processing agent. You hereby further authorize Company's payment processing agent to charge your credit card (or other approved facility) for any and all purchases of products, services and entertainment made by You through the Service. You agree not to report as lost or stolen any credit card which you have used in conjunction with such payment to YOUR issuing bank or to the Company or its payment agent for goods or services which you do not have good reason to believe is, in fact, lost or stolen. You further agree not to report as unauthorized any charge for goods or services (including subscriptions) which you have, in fact, ordered from the Company. You hereby agree that any such false reporting of a lost or stolen credit card or of unauthorized charges cause severe business and financial harm to Company and shall render You liable to COMPANY for liquidated damages in the amount of $25,000.00. The liability for liquidated damages specified in this Paragraph shall not limit any other liability you may have for breach(es) of any other terms, conditions, promises and warranties set forth in this Agreement. Upon request, Subscribers will be given access to billing records that support charges for use of the Service. BY FILLING OUT AND SUBMITTING THE CREDIT CARD DATA FIELDS ON THE JOIN FORM, YOU APPOINT COMPANY AS YOUR AUTHORIZED AGENT FOR THE LIMITED PURPOSE OF COLLECTING SAID CREDIT CARD DATA AND TRANSMITTING IT IN A SECURE OR ENCRYPTED FORMAT TO THE CREDIT CARD MERCHANT FOR THE PRODUCT SO PURCHASED ON THE JOIN FORM.
13.2 To cancel your monthly subscription you must notify LibbySmithOfficial.com of your cancellation by e-mail to the support department at least Two (2) Days before the expiration date of your then current Membership term. To cancel this agreement, mail or deliver a signed and dated notice, which states that you, the buyer, are cancelling this agreement, or words of similar effect. This notice must be emailed to: support@LibbySmithOfficial.com. YOU MUST ALSO CONTACT YOUR PAYMENT PROVIDER AND NOTIFY THEM THAT YOU WISH TO CANCEL.
14. Content Posted by Members:
14.1 LibbySmithOfficial.com claims immunity from liability to the fullest extent under the law and as provided under the Communications Decency Act for Content provided by third parties and Members and nothing in this agreement is intended to waive, remove, or usurp such immunity. You understand and agree that LibbySmithOfficial.com may delete any content, messages, photos or profiles (collectively, "Member Content") that in the sole judgment of LibbySmithOfficial.com violates the Terms and Conditions of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of LibbySmithOfficial.com or its Members.
14.2 You are solely responsible for the content that you publish or display (hereinafter, "post") on the LibbySmithOfficial.com Site, or transmit to other LibbySmithOfficial.com Members through the Service.
14.4 LibbySmithOfficial.com shall have the ability to and may choose to investigate and take appropriate legal action, at its sole discretion, against anyone who violates this provision, including without limitation, removing the offending communication from the Site or Service and terminating the Membership of such a violator. The following list is a partial list of the kind of content that is illegal or prohibited on the Site. It includes, but is not limited to, content that: is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person or invades their privacy; involves the transmission of "junk mail", "chain letters," or unsolicited commercial e-mail or "spamming"; promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); displays pornographic or sexually explicit material that is commercial in nature; provides material that exploits people under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under 18; provides content that involves cursing, swearing, incest, falsifying gender, violence, necrophilia, impersonating another Member, threat of suicide or harm to oneself or others, or bestiality; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; sending advertisements in chat or instant messaging messages; and engages in commercial activities or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
14.5 You agree to use the LibbySmithOfficial.com Service in a manner consistent with any and all applicable laws and regulations in the jurisdiction where you are accessing the Site.
14.6 You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of the LibbySmithOfficial.com Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our Site is updated on a real time basis and is proprietary or is licensed to LibbySmithOfficial.com by our users or third parties.
14.7 You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You will not transmit any chain letters or junk email to other LibbySmithOfficial.com Members. Although LibbySmithOfficial.com cannot, and does not, monitor the conduct of its Members off the LibbySmithOfficial.com Site, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent.
14.8 Your profile (and its contents) may be searchable by, and you may be able to search for the profiles (and their contents) of, Members registered to other sites operated and powered by the Service, e.g. co-branded, privately labeled, etc.
14.9 Your profile (and the contents thereof) may be searchable by third-party publicly available search engines.
15. Acceptable Use Policy for Content Posted on the Website:
15.1 LibbySmithOfficial.com does not claim ownership of any Content you submit or make available for inclusion on the LibbySmithOfficial.com Site. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the LibbySmithOfficial.com Site, you grant LibbySmithOfficial.com the following world-wide, royalty free and non-exclusive license(s), as applicable.
15.2 With respect to Content you submit or make available for inclusion on publicly accessible areas of the LibbySmithOfficial.com Site the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the LibbySmithOfficial.com Site solely for the purposes of providing and promoting the LibbySmithOfficial.com Site and Service to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the LibbySmithOfficial.com Site, and will terminate at the time you remove such Content or LibbySmithOfficial.com removes such Content from the LibbySmithOfficial.com Site.
15.3 With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the LibbySmithOfficial.com the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the LibbySmithOfficial.com Site solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the LibbySmithOfficial.com Site and will terminate at the time you remove such Content, or LibbySmithOfficial.com removes such Content from the LibbySmithOfficial.com Site.
15.4 With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on accessible areas of the Site. You grant to LibbySmithOfficial.com the perpetual, irrevocable and fully sub licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
16. Indemnification For Unauthorized Use Of Content, Website Or Other Proprietary Materials
You agree to be personally liable for any breach of this Agreement by You. You also agree to fully indemnify the Company and the Company's directors, officers, employees, independent contractors, advertisers, affiliates, suppliers, agents and attorneys, and their successors and assigns for any and all damages directly, indirectly and/or consequentially resulting from any breach of this Agreement by You, including, without limitation, any damages resulting from any attempted or actual unauthorized, accessing, downloading, viewing, copying or distribution of the Website, in whole or in part, by You, alone, or with, or under the authority of, any other person(s), including, without limitation, any governmental agency(ies), wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from such unauthorized activities, including, without limitation, attorney's fees and all litigation and criminal defense costs.
17. You May Not Transfer Or Assign Your Access Rights Or Other Privileges
You shall not, under any circumstances, have the right to transfer or assign Your license to use the Website or any license(s) to use any Content You might obtain in, at, through or in association with, the Website, and You acknowledge that any attempted transfer or assignment of any such rights shall be void from the beginning. Any passwords that are issued for use at or in association with the Website or any Content provided by a Website Content Provider or affiliate are for Your individual use only. You will be responsible for the security of Your password(s). You must keep password(s) issued by the Company and/or Website affiliates strictly confidential, and You hereby agree to do so. If You use a password that the Company considers to be insecure, the Company shall be entitled to require the password to be changed and/or terminate Your authorized access to password protected areas. Any sharing of passwords or any other methods of unauthorized access to the Website with any other person is strictly forbidden. You agree that if You become involved in any violation of system security or if the Company or any Website affiliates reasonably so believes, the Company and all Website affiliates shall independently have the right to release details regarding such incidents and Your personal information to governmental agencies and system administrators at other sites in order to assist them in resolving security incidents, and to do so without any incurring any liability to You whatsoever.
18. Code Of Conduct
You agree, warrant and covenant to use the Website in accordance with the following Code of Conduct and that we may terminate Your right to use or access the Website and/or Content for violating any of these provisions:
18.1 You will not use the Website to engage in any form of illegal conduct, harassment or offensive behavior, including but not limited to the posting or uploading of communications or any graphic, video or audio content to the Website which contain libelous, slanderous, abusive or defamatory statements, or racist, obscene or offensive language.
18.2 You will not use the Website to infringe the privacy rights, property rights, including intellectual property rights, or any other rights of any person or entity, including, without limitation, the Company's rights, Website affiliate's rights or any other Website user's rights.
18.3 You will not download or access any content available at or in association with the Website that does not comply with the community standards of the community to which You desire to have such content delivered or transmitted.
19. Authorization And Permission To Communicate With You
19.1 Opt-out and Cancellation Provisions. At any time, You may opt out of future e-mailings and cancel Your receipt of e-mails from the Company by clicking the unsubscribe link at the bottom of the e-mail advertisement sent to You by the Company.
20. Use Of The Website To Communicate With Other Users, Website Affiliates Or Website Content Providers
Except as previously stated, the Company does not endorse, encourage, recommend or arrange personal or social communications or meetings among users of the Website or between a user and any individual Website affiliate or a user and any Website Content Provider. 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 choose to communicate with, or meet with any person with whom You have communicated through the use of any public areas or chat areas of the Website, if any, or through materials provided by the Company, a Website affiliate or any Website Content Provider. You acknowledge and agree that Company shall not be held responsible in any way for the outcome of any contact or meeting, whether in person, by telephone or any other means, resulting from advertisements placed or responded to, or messages or communications sent or received by other Website users, Website affiliate, any Website Content Provider, or through any use, directly or indirectly, of the Website. You further acknowledge and agree that the Company does not screen any communications between Website affiliates or Content Providers and Website users and the Company has no control over such communications and makes no representations or warranties with respect to the character, veracity, age, health or any other attribute of any Website Content Providers, any affiliate or any other users of the Website, including any person who places any advertisements, profiles or notices on or in association with the Website.
20.1 The Company may in its discretion provide a service that enables authorized Users to communicate with or otherwise share information with other Users or persons who offer to provide a service to Users, such as Website Content Providers or to post information at, in or on the Website. If the Company provides such service and if You make use of the service, You agree that You will not post, submit, publish, display, disseminate, or otherwise communicate any defamatory, libelous, inaccurate, abusive, threatening, offensive, fraudulent, obscene, lewd, excessively violent, harassing or otherwise objectionable or illegal material or any material which would violate or infringe the copyright, trademark, rights of publicity, privacy rights or other rights of any person. You acknowledge that transmission of such material or any material that violates any federal, state, or local law in the United States or anywhere else in the world, is strictly prohibited by the Company and You further agree that any transmission of such material by You shall constitute a material breach of this Agreement entitling Company, without notice and without any liability for damages or reimbursement to You, to immediately terminate Your rights to access to the Website.
20.2 You acknowledge and agree that You, and not the Company, shall be solely responsible and liable for all damages, liability or other consequences, foreseen or unforeseen, of all information which You submit, publish, display, disseminate or otherwise communicate through the Website even if a claim for damages or liability should arise after termination of service.
20.3 If the Company provides any such service described herein, You agree that all messages and other communications by You shall be deemed to be readily accessible to all other users of the Website who are authorized to access the Website and agree that all such messages and other communications shall not be deemed to be private or secure. Regardless of whether the Company provides any type of service described herein, You agree that You have hereby been informed and noticed that any and all messages and other communications which You submit to Company directly or through the Website can be read by the operators and/or other agents of Company whether or not they are the intended recipient(s).
20.4 Although we do not assume the duty or obligation to monitor any messages or other materials posted or uploaded to the Website by third parties, including You, we reserve the right but not the obligation, in our sole and absolute discretion, to monitor any and all materials posted or uploaded to the Website by third parties, including You, at any time without prior notice to ensure that they conform to any content guidelines or policies of the Website which may be applicable from time to time.
20.5 Although we do not assume the duty or obligation to monitor any messages, advertisements or other materials posted or uploaded to the Website by third parties, including You, and are not responsible for any content of these materials, we reserve the right, in our sole and absolute discretion, but are not obligated, to delete, move, or edit messages or materials, including without limitation advertisements and public postings, without notice, that we, in our sole discretion, deem to violate the Code of Conduct of the Website or any applicable content guidelines adopted from time to time by the Website, or to be otherwise unacceptable.
20.6 You acknowledge and agree that You shall remain solely responsible for the content of messages and other materials You may upload to the Website, to Website Content Providers or affiliates, or to other Users of the Website. You further acknowledge and agree that You shall remain solely responsible for any information You send, display, or receive through the Website even if a claim should arise relating thereto after termination of service.
20.7 Communications in the chat room or public areas are not private.
You further acknowledge and agree that all messages or content posted by You or others in any Chat rooms or public areas which may be provided on the Website shall be deemed to be readily accessible to the general public and consequently should not be considered private, confidential or proprietary. Consequently, You should not use the Website for any communication which You intend only You and the intended recipient(s) to read. Notice is hereby given that all messages entered into this Website can and may be read by the operators of the Website, whether or not they are the intended recipient(s).
21. Disclaimer And Limitation Of Liability
21.1 You acknowledge and agree that Company shall not be held responsible or liable for the quality, legality, or any other matter regarding Content that is made available to You on or in association with the Website by Website Content Providers, the Company's affiliates, any Website Users or any other third parties.
21.2 You further acknowledge that You understand that we do 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 Website, including without limitation any and all advertisers, and that consequently You release the Company from any and all liability and responsibility in connection verifying, the accuracy of any such messages, communication, information or content of any kind provided by other Users of the Website.
21.3 You acknowledge and understand that we do not screen, endorse, monitor, control, investigate, supervise or verify any advertisements or communications submitted to the Website by Website Content Providers, affiliates or other third-party licensees, advertisers, or users of the website for electronic dissemination through the Website. You are therefore cautioned and advised to use Your own judgment to evaluate all advertisements and other communications available at or through the use of the Website prior to purchasing goods and/or services described at the Website or otherwise responding to any communication at the Website.
21.4 Some of the materials that You might access via hyperlinks at the Website will connect You to third-parties, or to third-party Websites that may provide content to the Website via hyperlinks. We have no editorial control or supervision over selection or display of such content provided by those third parties or those third-party Websites and those parties are solely responsible and liable for all such content.
21.5 You acknowledge that You understand that we cannot ensure nor do we make any representations or warranties regarding the security or privacy of information that You voluntarily provide to the Company, Website Content Providers, affiliates or any other website users and that You release the Company and its directors, officers, employees, independent contractors, advertisers, affiliates, suppliers, agents and attorneys, and their successors and assigns from any and all liability and responsibility in connection with the use of such information.
21.6 You hereby release Company and its directors, officers, employees, independent contractors, advertisers, affiliates, suppliers, agents and attorneys, and their successors and assigns from any and all liability and responsibility in connection with the Content and all other information, messages, communication or other materials You may receive from the Company, Website affiliates or Website Content Providers.
22. No Representation, Guarantee Or Warranty That Website Or Content Associated Therewith Is Free Of Harmful Or Malicious Code
You understand that neither Company, Website affiliates nor any Website Content Providers represent, guarantee or warrant that either the Website or any Content or any other files You may access at, in or through, or download from the Website any Website linked to Website or any affiliated website will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties ("Harmful Code"). You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for accuracy of data input and output, protection of Your computer(s) and for maintaining a means of reconstructing data that You might lose because of Harmful Code. Neither the Company, Website affiliates nor any Website Content Providers assume any responsibility or risk associated with the possibility of damage to Your computer(s) or any other devices through Your use of the Website or any Content or other materials You may obtain in association therewith.
23. Disclaimers; No Warranties; Your Use Of This Site Is At Your Own Risk
You hereby agree that the use of the all materials, features, functions and all other goods and services provided to You by the Company, and the use of any and all Content provided by Website Content Providers and affiliates are provided to You on an "as is" basis, without warranties of any kind, including, without limitation, warranties regarding the availability, accuracy, or content of materials, information, product or services, or warranties of merchantability, fitness for a particular purpose, title or non-infringement, and Company and Website Content Providers and affiliates expressly disclaim all such warranties. Neither the Company, Website affiliates nor any Website Content Providers warrant that the functions of the Website or Content provided by any of the aforementioned parties nor does the Company warrant that any other materials available in, at, through or in association with, the Website will be uninterrupted or error-free, or that any discovered defects will be corrected. Under no circumstances and under no cause of action or legal theory, shall Company, Website affiliates, Website Content Providers or any of the Company's suppliers, licensees, resellers, affiliates or their suppliers, licensees or resellers be liable to You or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages resulting from any viruses, worms, Trojan Horses or other destructive software or materials, or communications by You or other users of the Website, or from any use of Content or any use of the Website whatsoever. This disclaimer of warranty constitutes an essential part of this Agreement. Some states do not allow exclusions of an implied warranty, so if for any reasons the choice of law provisions of this Agreement are deemed not to apply to this Paragraph, this disclaimer may not apply to You and You may have other legal rights that vary from state to state or by jurisdiction.
24. Cooperation With Law Enforcement
The Company, Website affiliates and all Website Content Providers independently reserve the right to fully cooperate with any and all law enforcement authorities and court orders requesting or directing Company, Website Affiliates and/or Website Content Providers to disclose the identity or other information regarding any person who is using or has used the Website or has obtained any Content available through or in association with Website. By accepting this Agreement and using the Website, You waive and hold harmless Company, Website affiliates, Website Content Providers and the operators of Website from any and all claims resulting from any and all actions taken by any of the foregoing during, or as a result of any law enforcement authority's investigations.
25. Notices To Company Or User Notices
Notices to Company or User notices from the Website to authorized Users may be given by means of electronic messages or by general posting on the Website. Communications from You to the Company may be made by electronic messages or conventional mail, unless otherwise specified in the Agreement. All questions, complaints, and notices to Company by means of electronic mail must be sent to Customer Service at: notice@LibbySmithOfficial.com
26. Entire Agreement
This Agreement in association with any and all agreement(s) You may have or enter into in future with Company, Website Content Providers and/or Website affiliates regarding Content provided to You at, in or through the Website, or in association with services provided by the Company, contains the entire agreement between You and the Company regarding Your access to, and use of, the Website, Content, and all other materials and services available in, at, through or in association with, the Website, and all features and functionality directly and indirectly related to the Website. This Agreement supersedes all prior written and oral understandings, writings and representations, including those, if any, made by any third party or other person. This Agreement may be amended at any time by the Company by updating the online version of this Agreement on the LibbySmithOfficial.com Website.
27. Dispute Resolutions; Choice Of Law; Arbitration; Venue And Jurisdiction
You agree that this Agreement and all disputes or controversies of any kind arising under, or related to the materials, services, features or functions available in, at, through or in association with, or in any way relating to, the Website, any Content or services provided by any Website Content Providers or affiliates and/or this Agreement, shall all be governed by and construed under the laws of ENGLAND. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
27.1 Choice of Law. You further agree that notwithstanding any judicially or statutorily created choice of law rule that would otherwise require the application of the law of some other jurisdiction, all provisions of this Agreement and all matters or controversies of any kind arising out of, or related to this Agreement or the rights or liabilities of the parties hereto shall be governed solely by the substantive statutory and common law of ENGLAND.
27.2 Arbitration. Any and all disputes or controversies of any kind, including but not limited to any performance, duty, obligation or liability arising under or related to this Agreement which are not first resolved informally, shall be determined by binding arbitration in ENGLAND, in accordance with the rules of the proper jurisdiction. 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 ENGLAND. Notwithstanding the foregoing, any and all disputes, which the parties cannot informally resolve, regarding the scope of issues or matter within the jurisdiction of the arbitrator, shall be resolved by a separate dispute resolution process whereby the Company in the Company's sole discretion shall elect the dispute to be resolved by new arbitrators.
27.3 Venue and Jurisdiction. You and the Company hereby agree that the venue for all legal disputes, controversies, actions of any kind arising under or related to this Agreement shall be ENGLAND. You and Company agree that in case of any litigation regarding this Agreement, the venue for such litigation shall be, depending on the subject matter of the dispute, in ENGLAND. You hereby consent and stipulate to the jurisdiction of the Courts of ENGLAND.
32. Member Disputes
LibbySmithOfficial.com does not solicit or control the information provided by any Member that may be made available through our system. You may find other user's information to be offensive, harmful, inaccurate or deceptive. If so, please request a profile review using the link provided on the Member's profile page or at various other places throughout the website. Please also use caution, common sense, and safety when using our Site. You are solely responsible for your interactions with other LibbySmithOfficial.com Members. Because LibbySmithOfficial.com is not involved in Member interactions, in the event that you have a dispute with one or more Members or those who have posted, viewed or used information on the LibbySmithOfficial.com Site, you agree to release LibbySmithOfficial.com, including its officers, directors, agents, subsidiaries, parent companies 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.
33. Affirmation Of Agreement
You acknowledge You Have Read This Entire Agreement. By clicking on a link intended to signify Your agreement to this Agreement, for example, by clicking the acceptance button, by continuing to access the Website and/or any service or other functionality available in, on, at or through the Website available at, in or through the Website, or by obtaining Content from any Website Content Providers, You agree that You are acknowledging and affirming that You have read this entire Agreement and that You agree to all its terms, conditions, warranties and other provisions. You further agree that Your acknowledgment and agreement to the entirety of this Agreement is reaffirmed by authorizing the use of Your credit card for payment of charges for Content and each time You access any restricted part of the Website.