Terms of Service
This Terms of Use Agreement (this "Agreement") sets forth the legally binding terms that apply to your access and use of Combine360.com, any Combine360 services (“Services”), and/or or content provided on Combine360.com (the “Combine360.com Content”). Combine360.com is owned and operated by Combine360.com, LLC. By accessing and using Combine360.com, its Services and/or its Combine360.com Content, you agree to be bound by the terms and conditions of this Agreement, whether you are a "Visitor" (which means that you simply browse Combine360.com) or you are a "Member" (which means that you have registered with Combine360.com). As used in this Agreement, the term "User" refers to a Visitor or a Member. You are only authorized to use Combine360.com, the Services and/or the Combine360.com Content (regardless of whether your access, or use, of Combine360.com is intended) if you agree to abide by all applicable laws and to this Agreement. PLEASE READ THIS AGREEMENT CAREFULLY AND SAVE A COPY. If you do not agree with any of the terms and conditions of this Agreement, you should leave Combine360.com and/or discontinue use of the Combine360 Services and/or Content immediately. If you wish to (i) register to become a Member of Combine360.com, (ii) communicate with Combine360.com Members, and/or (iii) access and/or use the Combine360 Services and/or Combine360.com Content, YOU MUST READ THIS AGREEMENT AND INDICATE YOUR ACCEPTANCE DURING THE COMBINE360.COM REGISTRATION PROCESS.
Every effort is made to keep Combine360.com up and running smoothly. However, Combine360.com, LLC takes no responsibility for, and will not be liable for, Combine360.com being temporarily unavailable due to technical issues beyond Combine360.com, LLC’s control.
This Agreement includes: (1) Combine360.com, LLC's terms of acceptable use policy for the content posted by you, on your behalf, or by a party authorized to use your Profile on Combine360.com (“Your Content”), (2) a summary of your rights, obligations and restrictions regarding your access and use of Combine360.com and/or the Combine360.com Content, and (3) Combine360.com's Privacy Policy. In order to access, use and participate in certain Combine360 Services and/or Combine360.com Content, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to Combine360.com Services and/or Combine360.com Content in which you choose to participate, those additional terms are hereby incorporated into and made a part of this Agreement by reference. You may receive a copy of this Agreement by emailing us at: , and putting the following message in the Subject line: “Terms of Use Agreement”.
Combine360.com, LLC may modify this Agreement from time-to-time without notice and such modification shall be effective upon posting on Combine360.com. You agree to be bound to any changes to this Agreement when you access and/or use Combine360.com, its Services and/or Combine360.com Content after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes that may be made from time to time that could affect your rights and privileges.
PLEASE CAREFULLY CHOOSE THE INFORMATION THAT YOU POST ON COMBINE360.COM, THE PERSONS YOU PERMIT TO POST YOUR CONTENT TO YOUR PROFILE, AND THAT YOU PROVIDE OR MAKE AVAILABLE FOR ACCESS TO OTHER USERS. Do not post any information about anyone other than yourself, or pose as anyone else, in Your Content. Without limitation, your Combine360.com profile may not include the following Content: any photographs/videos/images/documents containing nudity, or obscene, exploitive, lewd, excessively violent, harassing, bullying, bigoted, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, you acknowledge that information and Content provided by other Combine360.com Members (for instance, in their Member Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, references, images, products or services, and Combine360.com assumes no responsibility or liability for this Member Content. If you become aware of misuse of Combine360.com by any person or entity, please contact Combine360.com or click on the "Report Inappropriate Content" link at the bottom of any Combine360.com page.
Combine360.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) and/or attachments made by you, on your behalf, or by a person authorized to use your Profile or to restrict, suspend, or terminate your access to and use of all or any part of Combine360.com, including its Services and Combine360.com Content, at any time, for any or no reason, with or without prior notice, and without liability. Combine360.com expressly reserves the right to remove your Member profile and/or restrict, suspend, or terminate your access to any part of Combine360.com, its Services and/or Combine360.com Content if Combine360.com determines, in its sole discretion, that you pose a threat or danger, or become a menace to, Combine360.com and/or any of its Users.
Eligibility. Use of and Membership of Combine360.com is void where prohibited. By using Combine360.com, its Services and/or Combine360.com Content, you represent and warrant that (a) all of the registration information that you provide and submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older or have explicit approval of your parent or guardian to use Combine360.com, its Services and Combine360.com Content; and (d) your access and/or use of the Combine360.com, its Services and Combine360.com Content does not violate any applicable law, rule or regulation. Your Member profile may be deleted and your Combine360.com Membership may be terminated without warning, if we believe that you have violated any aspect of this Agreement.
Term. This Agreement is binding upon you and shall remain in full force and effect each time you access and/or use Combine360.com, its Services, Combine360.com Content. You may terminate your Combine360.com Membership at any time, for any reason, by following the instructions on the Combine360.com Member's Account Settings page. Combine360.com may terminate your Membership at any time, without notice or advance warning. Even after Membership is terminated, the terms of this Agreement will remain binding upon you as it relates to your duration as a Member of Combine360.com.
Fees. You acknowledge that Combine360.com reserves the right to charge for access and use of Combine360.com, its Services and/or Content and to change its fees from time-to-time in its discretion. If Combine360.com terminates your Combine360.com Membership because you have violated the terms of this Agreement, you will not be entitled to a refund of any unused portion of any such fees, if any.
Password. When you sign up to become a Member of Combine360.com, you will also be asked to choose a secure password. You are entirely responsible for maintaining the safety and confidentiality of your password. You agree not to use the account, username, or password of another Combine360.com Member at any time or to disclose (including via a posting on Combine360.com) your password or any other Member’s password to any third party. You agree to notify Combine360.com immediately if you suspect any unauthorized use of your Membership account, username or password or unauthorized access to your account. You are solely responsible for any and all access and uses of your Membership account.
Use of Combine360.com Information by Members. Combine360.com and its Services and Combine360.com Content are for the personal use of its Members in good standing only, and may not be used in connection with any commercial or non-commercial endeavors except those that are specifically endorsed or approved in advance by Combine360.com. Illegal and/or unauthorized uses of Combine360.com, its Services, Combine360.com Content and Membership profiles and account information, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to Combine360.com is strictly prohibited. Commercial advertisements, metatag placements, affiliate links, and any and all other forms of any solicitation may be removed from your Member profile without notice and may result in termination of your Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of Combine360.com, its Services, Combine360.com Content and/or Combine360.com Member profile information.
Proprietary Rights in Your Content on Combine360.com.
Combine360.com, LLC does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials that you or anyone authorized by you posts to Combine360.com (“Your Content”) or posted by any other Member (collectively referred to herein as “Member Content”). After posting Your Content to Combine360.com, you continue to retain all ownership rights in Your Content, and you continue to have the right to use Your User Content in any way you choose. By displaying or publishing ("posting") any User Content on or through Combine360.com, you hereby grant to Combine360.com, LLC a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Your Content solely on and through Combine360.com.
Without this license, Combine360.com would be unable to provide the Combine360.com. For example, without the right to modify Your Content and Member Content, Combine360.com would not be able to digitally compress Your Content, including video and image files, that you post, submit or otherwise format to satisfy technical requirements, and without the right to publicly perform Your Content (and the other Member Content), Combine360.com could not allow Users to view Your Content or Member Content. The license you grant to Combine360.com is non-exclusive (meaning you are free to license Your Content to anyone else in addition to Combine360.com), fully-paid and royalty-free (meaning that Combine360.com, LLC is not required to pay you for the use of Your Content that you post on Combine360.com), sublicensable (so that Combine360.com is able to use its affiliates and subcontractors (such as Internet content delivery networks) to provide Combine360.com and its Services), and worldwide (because the Internet and Combine360.com are global in reach). This license will terminate at the time you remove Your Content from Combine360.com. This limited license does not grant Combine360.com the right to sell (which, for the sake of clarity, does not include Combine360.com subscription fees, if any) your User Content, nor does the license grant Combine360.com the right to distribute your User Content outside of Combine360.com.
You represent and warrant that: (i) you alone own and control Your Content posted by you or on your behalf, on or through Combine360.com or its Services, or otherwise have the right to grant the license set forth in this section, and (ii) the posting of Your Content on or through Combine360.com does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any of Your Content posted by you or on your behalf to or through Combine360.com and/or its Services.
Combine360.com and its Services contain Combine360.com Content. Combine360.com Content is protected by copyright, trademark, patent, trade secret and other laws, and Combine360.com owns and retains all rights in the Combine360.com Content and the Combine360 Services. Combine360.com hereby grants you a non-exclusive, limited, revocable, and non-sublicensable license to reproduce and display the Combine360.com Content (excluding any software code) solely for your personal use in connection with viewing Combine360.com and using the Combine360 Services.
Combine360.com contains Member Content and other Combine360.com licensors. Except for Your Content, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Member or Combine360.com Content appearing on Combine360.com or through its Services and/or the Combine360.com Content.
Content Posted
Combine360.com, LLC may delete Your Content and Member Content that in the sole judgment of Combine360.com, LLC violates the terms and spirit of this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Combine360.com, LLC assumes no responsibility for monitoring Your Content, Member Content, Combine360.com or the Combine360 Services for Your inappropriate Content or conduct. If at any time Combine360.com chooses, in its sole discretion, to monitor Your Content, Member Content, Combine360.com, or the Combine360 Services, Combine360.com nonetheless assumes no responsibility for Your Content or any Member Content, no obligation to modify or remove any of Your inappropriate Content, and no responsibility for the conduct of the Users submitting any such Content, including you.
You are solely responsible for Your Content that you post on Combine360.com or through any of the Combine360 Services, and any material or information that you transmit to other Members and for your interactions with other Users. Combine360.com, LLC does not endorse and has no control over Member Content. Member Content is not necessarily reviewed by Combine360.com, LLC prior to posting and does not necessarily reflect the opinions or policies of Combine360.com, LLC. Combine360.com, LLC makes no warranties, express or implied, as to Your Content or the Member Content or to the accuracy and reliability of Your Content or any material or information that you transmit to other Combine360.com Members.
Links and Offers on Combine360.com
From time to time, Combine360.com may include third party links to websites from which you may purchase or otherwise obtain certain sample goods, freebie offerings or free trial services. You understand that we do not operate or control the products, free offerings or services offered by third-party linked websites. Third-party linked websites are responsible for all aspects of order processing, fulfillment, billing and customer service. Combine360.com, LLC is not a party to the transactions entered into between you and third-party linked websites. You agree that use of such third-party linked websites is at your sole risk and is without warranties of any kind by Combine360.com, LLC, expressed, implied or otherwise. Under no circumstances is Combine360.com liable for any damages arising from the transactions between you and third-party linked websites or for any information appearing on third-party linked websites or any other site linked to or from Combine360.com. These links are provided for your convenience to provide further information. They do not imply or signify that Combine360.com, LLC endorses such linked websites. Combine360.com, LLC has no responsibility for the content of the linked websites. All rules, terms and conditions, other policies (including privacy policies) and operating procedures of third-party linked websites will apply to you while you are accessing and using such websites. Combine360.com and the third-party linked websites are independent entities and neither party has authority to make any representations or commitments on behalf of the other. If you decide to leave Combine360.com and access these third-party linked sites, you do so at your own risk.
Content/Activity Prohibited
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through Combine360.com or its Services by you or any other User (collectively, the “Prohibited Content”). Combine360.com reserves the right to investigate and take appropriate legal action against anyone who, in Combine360.com's sole discretion, violates this provision, including without limitation, removing the offending communication from Combine360.com and/or the Combine360 Services and terminating your Membership or that of such Member violators. Prohibited Content includes, but is not limited to Your Content and Member Content that, in the sole discretion of Combine360.com, LLC:
- is patently
offensive and promotes racism, bigotry, hatred or physical harm of any
kind against any group or individual;
- harasses or
advocates harassment or bullying of another person;
- exploits
people, animals, or property in a sexual or violent manner;
- contains
nudity, violence, drug use, alcohol use, or offensive or illegal subject
matter or contains a link to an ‘adult’ website of any kind;
- solicits
personal information from anyone under the age of 18;
- promotes
information that you know is false or 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 or entity’s copyrighted
and proprietary work, such as providing pirated software or links to them,
providing information to circumvent manufacture-installed copy-protect
devices, or providing pirated music/videos or links to pirated music/video
files;
- involves
the transmission of "junk mail," "chain letters," or
unsolicited mass mailing, instant messaging, "spimming,"
"spamming" or the like;
- contains
restricted or password only access pages, metatags, or hidden pages or
images (those not linked to or from another accessible page);
- furthers or
promotes any criminal activity or enterprise or provides instructional
information about illegal activities including, but not limited to, 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 Combine360.com Users;
- involves
commercial activities and/or sales without Combine360.com, LLC’s prior
written consent such as contests, sweepstakes, barter, advertising, or
pyramid schemes;
- includes a
photograph of another person that you have posted without that person's consent;
or
- for music,
artist, model and filmmaker Member profiles, uses sexually suggestive
imagery or any other unfair, misleading or deceptive Prohibited Content
intended to draw traffic to the profile.
The following is
a partial list of the kind of activity that is illegal or prohibited on the Combine360.com
and through your access and/or use of the Combine360.com, its Services and/or
Combine360.com Content. Combine360.com, LLC reserves the right to investigate
and take appropriate legal action against your or anyone who, in Combine360.com,
LLC's sole discretion, violates this provision, including without limitation,
reporting you to law enforcement authorities. Prohibited activity includes,
but is not limited to:
-
criminal or
tortuous activity, including pornography, fraud, trafficking in obscene
material, drug dealing, gambling, harassment, stalking, spamming,
spimming, sending of viruses or other harmful files, copyright
infringement, patent infringement, or theft of trade secrets;
-
advertising
to, or solicitation of, any Combine360.com Member to buy or sell any
products or services through Combine360.com. You may not transmit any
chain letters or junk email to other Combine360.com Members. It is also a
violation of these rules to use any information obtained from Combine360.com,
its Services and/or Combine360.com Content in order to contact, advertise
to, solicit, or sell to any Combine360.com Member without their prior
explicit consent. In order to protect our Combine360.com Members from
such advertising or solicitation, Combine360.com, LLC reserves the right
to restrict the number of emails which a Member may send to other Members
in any 24-hour period to a number which Combine360.com, LLC deems
appropriate in its sole discretion. If you breach this term and send
unsolicited bulk email, instant messages or other unsolicited
communications of any kind through the Combine360.com, you acknowledge
that you will have caused substantial harm to Combine360.com, LLC but that
the amount of such harm would be extremely difficult to ascertain. As a
reasonable estimation of such harm, you agree to pay Combine360.com, LLC US$50.00
for each such unsolicited email or other unsolicited communication you
send through Combine360.com;
-
covering or
obscuring the banner advertisements on your personal Combine360.com profile
page, or any Combine360.com page via HTML/CSS or any other means;
-
any
automated use of Combine360.com, such as using scripts to add friends or
send comments or messages;
-
interfering
with, disrupting, or creating an undue burden on Combine360.com or the
networks or services connected to Combine360.com;
-
attempting
to impersonate another Combine360.com Member, User or any other person or
entity;
-
using the
account, username, or password of another Combine360.com Member at any
time or disclosing your Combine360.com Member password to any third party
or permitting any unrelated third party to access your Combine360.com Member
account;
-
selling,
assigning, alienating or otherwise transferring your Combine360.com Member
profile;
-
using any
information obtained from Combine360.com, its Services and/or Combine360.com
Content in order to harass, abuse, or harm another person or entity;
-
displaying
an advertisement on your Combine360.com Member profile, or accepting
payment or anything of value from a third person in exchange for your
performing any commercial activity on or through Combine360.com on behalf
of that person, such as placing commercial content on your Combine360.com profile,
posting notes or bulletins with a commercial purpose, or sending private
messages with a commercial purpose; or
-
using the Combine360.com,
its Services and/or Combine360.com Content in a manner inconsistent with
any and all applicable laws, rules and regulations.
Internet Copyright Notice
Combine360.com and its Services and
Combine360.com Content is copyright Combine360.com, LLC
© 2010. All rights reserved.
Any redistribution or reproduction of part or all of Combine360.com, its Services,
and/or any Combine360.com Content in any form is prohibited other than the
following:
You may print or download to a local hard drive extracts for your personal and non-commercial use only
You may copy the Combine360.com Content to individual third parties for their
personal use, but only if you acknowledge Combine360.com as the source of the
material.
You may not, except with our express written permission, distribute or commercially
exploit the Combine360.com
Content .
Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
You may not
post, modify, distribute, or reproduce in any way any copyrighted material,
trademarks, or other proprietary information belonging to any other person or
entity without obtaining the prior written consent of the beneficial rights owner
of such proprietary rights. It is the policy of Combine360.com, LLC to
terminate your Combine360.com Membership privileges, and any Member’s
privileges, who repeatedly infringes the copyright rights of Combine360.com or
any other beneficial rights owner upon receipt of proper notification to Combine360.com,
LLC by the copyright owner or the copyright beneficial owner's legal agent. Without
limiting the foregoing, if you believe that Your Content has been copied and
posted on Combine360.com in a way that constitutes copyright infringement,
please provide Combine360.com, LLC’s Copyright Agent with the following
information: (i) an electronic or physical signature of the person authorized
to act on behalf of the beneficial rights owner of the copyright interest; (ii)
a description of the copyrighted work that you claim has been infringed; (iii)
a description of where the material that you claim is infringing is located on Combine360.com;
(iv) your address, telephone number, and email address; (v) a written statement
by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law; and (vi) a statement
by you, made under penalty of perjury, that the above information in your
notice is accurate and that you are the copyright owner or authorized to act on
the copyright owner's behalf. Combine360.com, LLC's Copyright Agent for notice
of claims of copyright infringement can be reached as follows:
By Mail:
Copyright Agent, Combine360.com, LLC
16110 North Florida Avenue
Lutz, FL 33549;
By Facsimile: 813-902-6011
Attn: Copyright Agent
By Email: copyrightagent@Combine360.com
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Combine360.com Member Disputes.
You are solely responsible for your interactions with other Combine360.com
Members. Combine360.com, LLC reserves the right, but has no obligation, to
monitor disputes between you and other Combine360.com Members.
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Privacy.
Use of Combine360.com
is also governed by Combine360.com’s Privacy Policy, which is incorporated
into and made a part of this Agreement by this reference.
Disclaimers.
Combine360.com, LLC does not provide any warranty or
guarantee as to the accuracy, timeliness, performance, completeness or
suitability of any information or materials found or offered on Combine360.com for
any particular purpose. You acknowledge that such information and materials
may contain inaccuracies or errors and Combine360.com expressly excludes
liability for any such inaccuracies or errors to the fullest extent permitted
by law. Your use of any information or materials on Combine360.com is entirely
at your own risk, for which Combine360.com shall not be liable. It is your own
responsibility to ensure that any products, services or information made available
through Combine360.com meets your specific requirements. Combine360.com contains
material which is owned by or licensed to Combine360.com, LLC. This material
includes, but is not limited to, the design, layout, look, appearance and
graphics. Reproduction is prohibited other than in accordance with the
copyright notice, which forms part of this Agreement.
Combine360.com,LLC is not responsible for any incorrect or inaccurate Member Content posted on
Combine360.com or in connection with the access or use of the Combine360
Services and/or Combine360.com Content, whether caused by Combine360.com Users
of Combine360.com or by any of the equipment or programming associated with or
utilized in Combine360.com. Combine360.com Member Profiles created and posted
by Members on Combine360.com may contain links to other websites. Combine360.com,
LLC is not responsible for the linked content, accuracy or opinions expressed
on such websites, and such websites are in no way investigated, monitored or
checked for accuracy or completeness by Combine360.com, LLC. Inclusion of any
linked website on Combine360.com does not imply approval or endorsement of the
linked website by Combine360.com, LLC. When you access these third-party
sites, you do so at your own risk. Combine360.com, LLC takes no responsibility
for third party advertisements which are posted on Combine360.com or through its
Services and/or the Combine360.com Content, nor does it take any responsibility
for the goods or services provided by its advertisers. Combine360.com, LLC is
not responsible for the conduct, whether online or offline, of any Combine360.com
User. Combine360.com, LLC assumes no responsibility for any error, omission,
interruption, deletion, defect, delay in operation or transmission, communications
line failure, theft or destruction or unauthorized access to, or alteration of,
any Combine360.com User or Member communication. Combine360.com, LLC is 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 any email or players due to technical problems or traffic
congestion on the Internet or on Combine360.com or combination thereof,
including any injury or damage to Combine360.com Users or to any person's
computer related to or resulting from participation or downloading materials in
connection with Combine360.com. Under no circumstances shall Combine360.com,
LLC be responsible for any loss or damage, including personal injury or death,
resulting from use of Combine360.com, its Services, and/or Combine360.com
Content, attendance at a Combine360.com event, from Your Content or any Member
Content posted on or through Combine360.com Services, or from the conduct of
any Users of Combine360.com, whether online or offline. Combine360.com, its
Services and Combine360.com Content are provided "AS-IS" and as
available and Combine360.com, LLC expressly disclaims any warranty of fitness
for a particular purpose or non-infringement. Combine360.com, LLC cannot warrant
and does not promise any specific results from use of Combine360.com, its
Services and/or Combine360.com Content.
-
Limitation on Liability.
IN NO EVENT SHALL COMBINE360.COM, LLC BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING
THROUGH YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM
YOUR ACCESS AND/OR USE OF COMBINE360.COM, ITS SERVICES, AND/OR THE
COMBINE360.COM CONTENT, EVEN IF COMBINE360.COM, LLC HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, COMBINE360.COM, LLC'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 ACCESS AND/OR USE COMBINE360.COM
AND FOR THE TERM OF YOUR COMBINE360.COM MEMBERSHIP.
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U.S. Export Controls.
Software made available in connection with your access of Combine360.com
and access and use of its Services and/or Combine360.com Content (the
"Software") is further subject to United States export controls.
No Software may be downloaded from Combine360.comor otherwise exported or
re-exported in violation of U.S. export laws. Accessing, downloading and/or
using the Software is at your sole risk.
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Disputes.
If there
is any dispute about or involving your access or use of Combine360.com,
its Services, and/or Combine360.com Content, you agree that the dispute
shall be governed by the laws of the State of Florida, USA, without regard
to conflict of law provisions and you agree to exclusive personal
jurisdiction and venue in the state and federal courts of the United
States located in the State of Florida, City of Tampa. Either Combine360.com,
LLC or you may demand that any dispute between Combine360.com, LLC and you
about or involving Combine360.com, its Services and Content must be
settled by binding arbitration utilizing the dispute resolution procedures
of the American Arbitration Association (AAA) then in effect as modified
herein, in the city of Tampa, Florida, USA, provided that the foregoing
shall not prevent Combine360.com, LLC from seeking injunctive relief in a
court of competent jurisdiction. You acknowledge that your access and use
of Combine360.com is based on your acceptance of this material term.
-
Indemnity.
You agree to indemnify and hold Combine360.com, LLC, its LLC members, subsidiaries,
and affiliates, and their respective officers, agents, partners and
employees, harmless from any loss, liability, claim, or demand, including
reasonable attorneys' fees, made by any third party due to or arising out
of your access and/or use of Combine360.com, its Services and/or
Combine360.com Content in violation of this Agreement and/or arising from
a breach of this Agreement and/or any breach of your representations and
warranties set forth above and/or if Your Content posted on Combine360.com
or through the Combine360 Services causes Combine360.com, LLC to be liable
to another.
- Other.
This Agreement is accepted upon your access of Combine360.com or any of the Combine360
Services and Combine360.com Content and is further affirmed by you
becoming a Combine360.com Member. This Agreement constitutes the entire
agreement between you and Combine360.com, LLC regarding the use of Combine360.com.
The failure of Combine360.com, LLC to exercise or enforce any right or
provision of this Agreement shall not operate as a waiver of such right or
provision. The section titles used in this Agreement are for convenience
only and have no legal or contractual effect. Combine360.com is a
trademark of Combine360.com, LLC. This Agreement operates to the fullest
extent permissible by law. If any provision of this Agreement is
unlawful, void or unenforceable, that provision is deemed severable from
this Agreement and does not affect the validity and enforceability of any
remaining provisions.