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TERMS OF SERVICE
1. Preamble
These are official terms and conditions and form a legally binding agreement between you and RelaxXx.it ("we", "us") regarding your use of the internet website located at http://www.relaxxx.it/ (the "Website"). 2. Access By accessing the Website, you certify that:
3. Intellectual Property Rights The Website, except all user Submissions (as defined below), including without limitation, all content, media and materials, all RelaxXx.it software, code, design, text, scripts, messages, images, photographs, illustrations, audio and video material, media files, artwork, graphic material, articles, databases, proprietary information, writings, spoken statements, music, video recordings, audio-visual works and recordings, slides, portraits, works of authorship, animated and/or motion pictures, interactive features, caricatures, likenesses, profiles, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of the Website, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in colors, alone or in conjunction with other work, characters, real or imaginary, in any part of the world, all of the foregoing, individually and/or collectively, is referred to herein as ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed by RelaxXx.it and/or its affiliates, and their advertisers, licensors, suppliers, service providers, promotional partners and/or sponsors, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Our Content is legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. You may not use, copy, reproduce, distribute, broadcast, display, sell, license, or otherwise exploit the Content and/or Marks for any other purposes without the prior written consent of their respective owners. 4. User Submissions A. We allow our users to submit video or other material and the hosting, sharing, and/or publishing of such submissions ("Submissions"). You shall be solely responsible for your own Submissions and the consequences of posting or publishing them. In connection with your Submissions, you affirm/warrant that:
C. We do not endorse any user Submission, and expressly disclaim any and all liability in connection with user Submissions. RelaxXx.it does not permit copyright infringing activities or infringement of intellectual property rights on its Website, and will promptly and without prior notice remove all content and user Submissions if properly notified of infringements on third party's intellectual property rights. Repeat infringers will have their user access to the Website terminated. If you are a copyright owner or an agent thereof and believe that any user Submission or other content infringes upon your rights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our DMCA agent Marco Mirabello, who can be reached by postal mail:
D. You understand that when using the Website, you will be exposed to user Submissions from a wide variety of sources, and that RelaxXx.it is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions. You further understand and acknowledge that you may be exposed to user Submissions that are inaccurate, indecent, offensive, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against RelaxXx.it with respect thereto, and agree to indemnify and hold RelaxXx.it and its owners, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
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..or with this form with the following information in electronic form (see 17 U.S.C. 512 (3) for further detail):» Via Menabreaz, 55 - 11024 Châtillon (AO), Italy [EU]
E. RelaxXx.it permits you to link to materials on the Website for personal, non-commercial uses only. RelaxXx.it reserves the right to discontinue all or any portion of the Website at any time. 5. Warranty Disclaimer YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, RELAXXX.IT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. RELAXXX.IT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:
6. Limitation of Liability IN NO EVENT SHALL RELAXXX.IT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY:
7. Notices to RelaxXx.it Communications from you to RelaxXx.it may be made by using this online form. 8. Venue and Jurisdiction, Choice of Law, Arbitration The Terms and Conditions will be governed by the laws of the United States without regard to choice of law principles. Where applicable, the English version of the Terms and Conditions will prevail over any foreign language versions. Any controversy or dispute arising out of or related to the Product or these Terms and Conditions that cannot be amicably resolved will be settled in arbitration. All arbitration proceedings will be conducted in the English language pursuant to Rules of the International Chamber of Commerce ("ICC") and will be governed by the laws of the Netherlands without regard to choice of law provisions. The place of the arbitration will be Amsterdam, the Netherlands; provided, however, that notwithstanding the foregoing, you agree that RelaxXx.it has the right to commence and prosecute an action against you in connection with these terms of service, in your home jurisdiction. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act. 9. General These terms of service, together with the privacy notice and any other legal notices published on the Website, shall constitute the entire agreement between you and RelaxXx.it. If any provision of these terms of service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms of service, which shall remain in full force and effect. No waiver of any term of this these terms of service shall be deemed a further or continuing waiver of such term or any other term, and RelaxXx.it's failure to assert any right or provision under these terms of service shall not constitute a waiver of such right or provision. RelaxXx.it reserves the right to amend these terms of service at any time and will utilize commercially reasonable efforts to provide you with notice of such changes. Your use of the Website following any amendment of these terms of service will signify your assent to and acceptance of its revised terms. |
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