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This shall serve as a binding legal agreement ("Agreement") between you
and EliteVibe.com. Please read this Agreement carefully before registering as
a member of EliteVibe.com. By registering with EliteVibe.com, you become
a member of the Service (a "Member"), and you agree to be bound by the
terms and conditions of this Agreement (the "Terms"). If you do not agree
to the terms, DO NOT register with EliteVibe.com.
The terms and fees for the service are subject to change by EliteVibe.com at
any time, effective upon notice to you. To become a member you must be 18 years
of age or older. When you register, and from time to time thereafter, EliteVibe.com
will require that you provide sufficient information to indicate that you are at
least 18 years old. By becoming a Member, you represent and warrant that you are
at least 18 years old. Use by individuals under the age of 18 is strictly prohibited.
Your membership with EliteVibe.com is limited to your sole and personal use.
You may not authorize others to use your membership, and you may not assign or otherwise
transfer your account to any other person or entity. Your EliteVibe.com membership
may be terminated at anytime and for any reason, by you or by EliteVibe.com.
Termination is effective upon receipt of written notice to the other party. EliteVibe.com
reserves the right to immediately suspend or terminate your access to EliteVibe.com,
without notice, upon any breach of this Agreement by you.
EliteVibe.com ONLINE CONTENT
EliteVibe.com reserves the right, but has no obligation to monitor the materials
posted in the public areas of the EliteVibe.com service. EliteVibe.com shall
have the right to remove any such material that violates, or is alleged to violate,
any federal, state or common law, or this agreement. Notwithstanding this right
of EliteVibe.com, you remain solely responsible for the content of the materials
you post on EliteVibe.com and in your private email messages. EliteVibe.com
will treat e-mails sent between you and other EliteVibe.com members that are
not readily accessible to the general public as private to the extent required by
applicable law.
MEMBER'S ONLINE CONDUCT REQUIREMENTS
You are solely responsible for maintaining the confidentiality surrounding your
user name and password and for any and all activities that are conducted through
your account.
As a Member, you agree that:
You are solely responsible for the content or information you publish or display
(hereinafter, "post") on the EliteVibe.com service, or transmit to
other EliteVibe.com Members. EliteMate is monitored for quality control purposes.
You will NOT include in your Member profile any telephone numbers, street addresses,
last names, messenger ID's, URL's or e-mail addresses. You will NOT post on the
EliteVibe.com service, or transmit to other EliteVibe.com Members or Employees,
any patently offensive, defamatory, inaccurate, abusive, bigoted, obscene, profane,
offensive sexually oriented, threatening, harassing, pornographic, exploitative
of individuals under the age of 18, racially offensive, or illegal material, or
any material that infringes or violates another party's rights (including, but not
limited to, intellectual property rights, and rights of privacy and publicity).
You will not provide or disseminate instructional information about illegal activities
such as making or buying weapons, pyramid schemes, investment fraud, privacy violations,
or the creation of computer viruses.
You will use the EliteVibe.com service in a manner consistent with any and all
applicable laws and regulations. You will not include in your profile any offensive
anatomical or sexual references, or offensive sexually suggestive or connotative
language, and you will not post any photos containing nudity or personal information.
EliteVibe.com reserves the right, but has no obligation, to reject any profile
or photo that does not comply with these prohibitions.
You will not remove any proprietary rights notices nor 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 E-mail to other EliteVibe.com
Members.
You will 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.
You will not harvest or collect personal information about other members without
their express consent. You will not use any robot, spider, site search, retrieval
application or other process to retrieve, hack, index, data mine, reproduce or circumvent
the navigational structure of this site nor its contents. You are solely responsible
for your interactions with other EliteVibe.com Members. EliteVibe.com reserves
the right, but has no obligation, to monitor disputes between you and other Members.
Any infraction may lead to legal remedy
on behalf of EliteVibe.com.
You agree that you will be billed in a reoccurring automatic manner after you make
your first credit card payment. If you would like to stop being billed in a reoccurring
automatic manner you must email billing@elitevibe.com, provide your username, password, first name,
last name, address, city, state, zip code, email address and reason to stop reoccurring
billing. EliteVibe.com LLC makes refunds by company check within 7 seven business
days. You agree there are absolutely no refunds for the first month's membership
fees or life time memberships to EliteVibe.com
You agree that www.EliteVibe.com and its affiliates will send you promotional
emails about their upcoming events, trips and promotions. To opt-out from receiving
emails from www.EliteVibe.com, point your browser to www.EliteVibe.com,
log-in with your username and password, press go and it will bring you to the member
home page. Then go to Edit My Profile, scroll down to My Account Information, press
Edit and uncheck Send me Promotional & Informational Emails, then press submit
to finalize it.
You agree that you to accept EliteMate interface with your browser as it is. These
are our browser requirements. https://elitevibe.com/htm/requirements.htm. EliteMate
is not compatible with any type of Web TV units and can not provide tech support
for Web TV technical issues. We will supply technical support on Windows PC and
Mac operating systems. eliteresponse@elitevibe.com
PRIVACY POLICY
This Privacy Policy applies to consumers that have signed up on www.elitevibe.comwebsite. We may use
the personal information that you supply to us and work with other third party businesses
to bring selected retail opportunities to our members via direct mail, email and
telemarketing. These businesses may include providers of direct marketing services
and applications, including lookup and reference, data enhancement, suppression
and validation and email marketing.
This privacy statement discloses the information gathering and dissemination practices
for this website. We will notify you of changes to our Privacy Policy by posting
the new policy on this website and by e-mailing the new Privacy Policy to registered
members. For this reason, we recommend that you review our Privacy Policy regularly
so that you can stay informed of our practices.
By using our services or submitting information that we use in providing our services,
you are accepting the practices described in this Privacy Policy and expressly agreeing
to accept offers from us, our customers, and/or any third party to whom we sell,
license, transfer and/or share your email address or other personal information.
The 3rd parties to whom we sell, license, transfer, and/or share this information
include individuals and companies engaged in the sales, marketing, advertising,
and publishing industries for various products and services.
The information we collect includes name, address, age, date of birth, e-mail address,
telephone number, hair color, eye color, number of children, height, weight, race,
religion, occupation, education, the type of service you purchase, your payment
history, and, if applicable, the status of your relationship with us as either a
guest, paying member, model, and/or affiliate. Additionally, our site has areas
in which you may post text, images, and video. Any information posted in these areas
is routinely archived. You can "opt out" of providing this additional information
by not entering it when asked, or if you have already provided your information,
you can change it by logging into your member account.
We use the information that we collect to provide our services, to contact you regarding
new offers, and for advertising purposes. We also use the information to contact
customers to further discuss customer interest in our company, the services that
we provide, and to send information regarding our company or partners, such as promotions
and events. The information we collect is also sold, licensed, transferred, and/or
shared with individuals and companies engaged in the sales, marketing, advertising,
and publishing industries for various products and services in which you may be
interested.
We use a third party intermediary to manage the credit card processing. This intermediary
is solely a link in the distribution chain, and is not permitted to store, retain,
or use the information provided, except for the sole purpose of credit card processing.
We also automatically collect certain information from visitors to, and customers
of, the site, such as Internet addresses, browser type, Internet Service Provider
(ISP), referring and exit page, operating system, timestamps, and clickstream data.
Some of the information is collected through the use of cookies. This information
is logged to help diagnose technical problems, and to administer our site in order
to constantly improve the quality of the services we provide. We also track and
analyze non-identifying and aggregate usage and volume statistical information from
our visitors and customers and sell, license, transfer, and/or share such information
with third parties, such as our affiliates and other interested businesses.
If you send personal correspondence, such as emails or letters, or if other users
or third parties send us correspondence about your activities or postings, we will
collect such information into a file specific to you. We use information in the
file that we maintain for you, and other information that we obtain from your use
of the services, to resolve disputes, troubleshoot problems, and enforce our customer
agreements.
We cannot ensure that all of your private communications and other personally identifiable
information will never be disclosed in ways not otherwise described in this Privacy
Policy. For example, we may be forced to disclose information to the government
or third parties under certain circumstances, or third parties may unlawfully intercept
or access transmissions or private communications. We can (and you authorize us
to) disclose any information about you to law enforcement or other government officials
as we, in our sole discretion, believe necessary or appropriate in connection with
an investigation of fraud, intellectual property infringements, or other activity
that is illegal or may expose us to legal liability.
By submitting your information you agree to receive a third party newsletter from
EliteVibe.com and EliteMate News as well as any other EliteVibe.com LLC
or third party offers that we may choose. There is no cost to receive this newsletter(s).
Should you have any questions or concerns or if you would like to discontinue receiving
mailings simply email us at aff@elitevibe.com
INDEMNIFICATION
You will indemnify, defend and hold harmless EliteVibe.com, its officers, directors,
employees, agents, representatives and third parties, for any losses, costs, liabilities
and expenses (including reasonable attorneys' fees) relating to or arising out of
your use of the EliteVibe.com service, including any breach by you of the terms
of this Agreement.
PROPRIETARY RIGHTS
EliteVibe.com owns and retains other proprietary rights in the EliteVibe.com
service. The Service contains the copyrighted material, trademarks, and other proprietary
information and intellectual property of EliteVibe.com and its licensors. In
addition, other Members may post copyrighted information, which has copyright protection
whether or not it is identified as copyrighted. Except for that information which
is in the public domain or for which you have been given permission, you will not
copy, modify, publish, transmit, distribute, perform, display, or sell any such
proprietary information.
By posting information or content to any public area of EliteVibe.com, you automatically
grant, and you represent and warrant that you have the right to grant, to EliteVibe.com
and other EliteVibe.com Members an irrevocable, perpetual, non-exclusive, royalty-free,
worldwide license to use, copy, perform, display and distribute such information
and content and to prepare derivative works of, or incorporate into other works,
such information and content, and to grant and authorize sublicenses of the foregoing.
CONFIDENTIAL INFORMATION SUPPLIED BY MEMBER
EliteVibe.com shall use its best efforts to maintain the members' information
confidential, including confidential information such as credit card details etc.,
and shall use or disclose such information only for the purposes for which such
information was collected, or as required by law.
COMPLAINTS
To resolve a complaint regarding the EliteVibe.com service, you should first
contact EliteVibe.com Customer Support at info@elitevibe.comYou are however solely responsible
for your interactions with other Members.
DISCLAIMER OF WARRANTY
EliteVibe.com provides the EliteVibe.com service on an "as is"
basis and grants no warranties of any kind, express, implied, statutory, in any
communication with EliteVibe.com or its representatives, or otherwise with respect
to the service. EliteVibe.com specifically disclaims any implied warranties
of merchantability, fitness for a particular purpose, or non-infringement. EliteVibe.com
does not warrant that your use of the EliteVibe.com service will be secure,
uninterrupted, always available, or error-free, or will meet your requirements,
or that any defects in the Service will be corrected.
EliteVibe.com disclaims liability for, and no warranty is made with respect
to telephone services, including coverage, range, or any interruption in telephone
service. This Site may contain links to other sites or resources. We neither control
nor endorse them. You acknowledge and agree that EliteVibe.com shall not be
held responsibility for the legality, accuracy or inappropriate nature of any content,
advertising, products services or information located on such other sites nor for
any loss or damage alleged to have been caused by the use or reliance thereof.
You agree there are absolutely no refunds for the first month's membership fees
or life time memberships to www.elitevibe.com
LIMITATION OF LIABILITY
In no event will EliteVibe.com be liable (i) to you for any incidental, consequential,
or indirect damages (including, but not limited to, damages for loss of data, loss
of programs, cost of procurement of substitute services or service interruptions)
arising out of the use of or inability to use the EliteVibe.com service, even
if EliteVibe.com or its agents or representatives know or have been advised
of the possibility of such damages or (ii) to any person other than you. Notwithstanding
anything to the contrary contained herein, EliteVibe.com's liability to you
for any cause whatsoever, and regardless of the form of the action, will at all
times be limited to the amount paid, if any, by you to EliteVibe.com for the
service during the term of membership.
In addition, ELITEMATE disclaims all liability, regardless of the form of action,
for the acts or omissions of other members or users (including unauthorized users,
or "hackers") of the EliteVibe.com service. EliteVibe.com reserves
the right to provide its members with special offers, emails and promotional messages
and items.
STATE-BY-STATE VARIATIONS
Certain jurisdictions limit the applicability of warranty disclaimers and limitations
of liability so the above disclaimers of warranty and limitations of liability may
not apply to you.
GENERAL PROVISIONS
You agree that New York law (regardless of any and all conflicts of law principles)
shall govern this Agreement in its entirety, and that any and all dispute(s) arising
out of or relating to this Agreement shall be subject to the federal and state courts
in the Eastern District of New York. This Agreement, accepted upon registering for
the EliteVibe.com service, contains the entire agreement between you and EliteVibe.com
regarding the use of the Service. This Agreement may only be amended upon notice
by EliteVibe.com to you, or in written form, signed by you and an authorized
official of EliteVibe.com. Unless otherwise explicitly stated, the Terms will
survive termination of your membership to the Service. If any provision of this
Agreement is held invalid, the remainder of this Agreement shall continue in full
force and effect.
NON-COMMERCIAL USE BY MEMBERS
EliteVibe.com is for the personal use of individual Members only and may not
be used in connection with any commercial endeavors. Any unauthorized and/or illegal
uses of the site, including the unauthorized framing or linking to the site will
be investigated and appropriate legal action will be undertaken including, without
limitation, civil, criminal and injunctive redress.
COPYRIGHT POLICY
Termination of User Privileges for Infringement and Contact Information for Suspected
Copyright and Intellectual Property Infringement:
We will terminate the privileges of any user who uses this Site to unlawfully transmit
copyrighted material without a license, express consent, valid defense or a fair
use exemption to do so. In particular, users who submit User Content to this Site,
whether articles, images, stories, software or other trademarked or copyrightable
material MUST ensure that the content they upload does not infringe the copyrights,
trademarks nor other rights of third parties (such as privacy or publicity rights).
After proper notification by the copyright or intellectual property holder or its
agent to us, and confirmation through court order or admission by the user that
they have used this Site as an instrument of unlawful infringement, we will terminate
the infringing users' rights to use and/or access to this Site. We may also in our
sole discretion decide to terminate a user's rights to use or access to the Site
prior to that time if we have a good faith belief that the alleged infringement
has occurred. EliteVibe.com shall not be responsible for the acts of infringing
users and such infringing users shall indemnify and hold harmless EliteVibe.com,
its officers, agents, employees, et al. from any and all damages, liabilities and
expenses brought about by the infringement.
The Subscriber hereby specifically acknowledges that EliteVibe.com is NOT an
information content provider and is thus not responsible for the creation or development
of the information being provided
If you believe that your copyright or intellectual property has been infringed through
the use of this Site, please contact info@elitevibe.com. Updated last on 11/15/2007
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