UGASchat.com
Legal Notices
(Revised December,
2008)
All rights reserved. The material on this site may not be duplicated in any fashion and may not be distributed, publicly performed, proxy cached or otherwise used, except with the prior express permission of Tri-Tech Internet Services, Inc. Copyright © Tri-Tech Internet Services, Inc.
UGAS, UGAS Chat, UGASChat.com are trademarks of Tri-Tech Internet Services, Inc., all pending or registered in U.S. Patent and Trademark Office.
Regarding Sites listed with UGASchat.com and UGASchat.com
The web pages that you may have access to from the http://www.UGASchat.com website may contain adult sexually-oriented material that is intended solely for responsible, consenting adults who are fully aware of the nature of the content they are accessing. If you are under the age of 18 years, or under 21 years of age in places where 18 years is not the age of majority, YOU ARE NOT PERMITTED to access or view the web pages of UGASchat.com
UGASchat.com and Tri-Tech Internet Services, Inc., do not control the content which may be freely accessed and viewed on the Home Page and Visitor sections of referral websites. Consequently, neither UGASchat.com nor Tri-Tech Internet Services, Inc. makes any representation or warranty regarding the suitability of these web pages for persons who are not adults or who do not wish to view sexually-oriented materials.
As a precautionary matter, you are hereby WARNED that the web pages of the referring websites you may view could contain explicit images, text, graphics, sounds, illustrations, or descriptions of nudity and sexual activity. If you are under the age of 18 years (or under 21 years of age in places where 18 years is not the age of majority), or if you are an adult and do not wish to view explicit adult material of a sexually-oriented nature, then you should not access these web pages.
Before accessing any web pages on UGASchat.com YOU MUST READ AND AGREE TO EACH OF THE PROVISIONS OF THE "PERSONAL STATEMENT OF VIEWER" LISTED BELOW. PLEASE READ EACH PARAGRAPH CAREFULLY BECAUSE YOU WILL BE REQUIRED TO AGREE TO AND AFFIRM EACH STATEMENT.
PERSONAL STATEMENT OF VIEWER
18 U.S.C. 2257 Compliance Notice:
All models, actors, actresses and other persons that appear in any visual depiction of actual sexual conduct appearing or otherwise contained in UGASchat.com (the .website.) were over the age of eighteen years at the time of the creation of such depictions. All other visual depictions displayed on this website are exempt from the provision of 18 U.S.C. 2257 and 28 C.F.R. 75 because any of said visual depictions which appear to be of sexually explicit conduct are merely simulated. With respect to all visual depictions displayed on this website, whether of actual sexual conduct, simulated sexual content or otherwise, all persons in said visual depictions were at least 18 years of age when said visual depictions were created.
The owners and operators of this Website are not the primary producer (as that term is defined in 18 USC section 2257) of any of the visual content contained in the Website. The custodian of records for this Website is:
Robert F. Klueger
Custodian of Records
Tri-Tech Internet Services, Inc.
425 East Colorado Blvd., Suite 600
Glendale, Calfornia 91205
Please direct questions pertaining to content on this Website to: custodian@Cyberage.com
The records required pursuant to 18 U.S.C. 2257 and 28 C.F.R. 75 are kept by the Custodian of Records for UGASchat.com The Custodian of Records for all materials are:
Matrix Content
23403 Lake Manor Drive
Chatsworth, California 91311
Contact: Lisa Fernandez 818-887-8960
David Lace Studios
8841 Exposition Blvd.
Culver City, California 90232
Contact: David Lace 310-559-2355
Ounique, Inc.
1626 North Wilcox Avenue Suite 178
Hollywood, California 90028
Contact: Don Mike 323.461.3310
Data Imaging
2111 E. Burnside Ste 100 P.O. Box 13304
Portland, Oregon 97213-0304
Contact: Dan Lee (503)232-3135
John Flanagan
M.I.A.M.I. Studios:
3864 5th Avenue Suite I,
San Diego CA 92103
Brian H. Gillis
Men of Steel, Inc.
840 Yonge Street (Second Floor),
Toronto, Canada, M4Y 2H1
Ian Duncan
Intercan Media Dessign Inc.
765 rue Beaubien Est Suite 135
Montreal, QC H2S 1S8
Brian H. Gillis
Men of Steel, Inc.
840 Yonge Street (Second Floor),
Toronto, Canada, M4Y 2H1
Jacob Parrish
Parrish/Stanley Inc.
1779 Wood Trail St.
Tarpon Springs, FL 34689
Phil Montgomery
Entertainment Network, Inc.
412 East Madison Street,
Tampa, Fl 33602
Andy Fair
Electroworks Corporation,
80 Eighth Avenue,
Suite 1502,
New York, New York 10011
Pramron Company Limited
Thekalis Lysioti 35
Limassol, 3030 Cyprus
Michael Johnson
9718 Glen Oaks Blvd
Sun Valley, CA 91352
David Koenig
23241 Ventura Blvd. #217
Woodland Hills, CA 91364
C/O Eduardo de la Cruz
Ifeeds AVV
Ave Balboa, Balboa Point Building, 6th floor
Panama City, Panama
Barry Thorsen
Brad Eriksen Photography
4534 Georgia Street #6
San Diego, CA 92116
Aaron Kline
1150 NE 34th Court
Fort Lauderdale, FL 33334
Gaston A. Courvoisier
Marcelo T. Alvear 1467,
Capital Federal, Buenos Aires,
Argentina 1060
Shelly Kingsley
6895 E Lake Mead Blvd #A6-188
Las Vegas NV 89156
Danielle Borgarth-Montassier
Agencia Foto Arte
Rua Guilherme Marconi 80/Apt. s504
Fatima - Rio de Janeiro, RJ,
CEP 20240-180, Brasil
Henry Ercolani
293 Molino Ave
Long Beach, CA 90803
Richard Oliver
2718 Yellow Point Road
Ladysmith, B.C. Canada V9G 1E1
John Flanagan,
M.I.A.M.I. Studios,
3864 5th Avenue Suite I,
San Diego CA 92103
Barry Thorsen
Brad Eriksen Photography
4534 Georgia Street #6
San Diego, CA 92116
UGASchat.com has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses our information-gathering and dissemination practices for this site.
Our site occasionally uses an order form for customers to request information, products and services. We collect visitors' contact information (like their email address) and financial information (like their account or credit card numbers). Contact information from the order form is used to send orders, information about our company and promotional material from some of our partners to our customers. The customer's contact information is also used to get in touch with the visitor when necessary. Users may also unsubscribe from future mailings and billing. Financial information that is collected is used to bill the user for products and services only. .
On the UGASchat.com
pages, Users may sign up for the free weekly email newsletter simply
by providing their email address in the box provided. Before you actually
receive the newsletter, you will be sent a confirmation email requiring
you to reply and confirm that you wish to be added to the mailing list.
If you do not respond, you will not be added to the subscriber list.
Active subscribers to the free site newsletter may unsubscribe at any
time by http://www.UGAS.com/
From time to time, products and services that may be of value to you will be offered by third parties interested in your business. UGASchat.com contains links to other related World Wide Web Internet sites, resources and sponsors of UGASchat.com Selection of an ad banner or link redirects User off of UGASchat.com to a third party. Transactions that occur between the User and the third party are strictly between the User and the third party and are not the responsibility of UGASchat.com Because UGASchat.com is not responsible for the availability of these outside resources or their privacy policy or content, User should direct any concerns to its site administrator or Webmaster.
Active subscribers
to the free site newsletter may unsubscribe at any time by http://www.UGAS.com/
To Contact us: Within
The US and Canada call:1-800-969-5577
Others call:0-111-818-548-5400
Fax: 1-818-548-5454
For Account Status Click
Here
To Cancel Platinum Membership Click
Here
YOU MUST READ AND AGREE to the terms and conditions of this Membership Agreement (the .Agreement.) before You can become an active member of UGAS, and receive a UGAS access ID. By applying for a UGAS Membership ID you agree to the terms and conditions set forth in this Membership Agreement. These terms and conditions will continue in effect throughout your membership and after any termination, cancellation or expiration. Please read each of these terms and conditions carefully because they will be legally binding on you if you chose to obtain a UGAS ID. The parties to this Agreement are You, the Member (hereafter .You., .Your. or .Member.), and TRI-TECH INTERNET, INC. (hereafter the "Company"), the owner of UGAS.
1. Member acknowledges, represents and warrants that, acceptance of the benefits, rights and privileges afforded to Member by the UGAS Membership are fair and adequate consideration to contractually bind the Member to the terms and conditions herein set forth and as may, from time to time, be amended.
2. Member acknowledges and is aware that upon approval of a UGAS Application, the applicant becomes a UGAS member (subject to all the terms and conditions set forth herein) and shall obtain a UGAS Membership ID which will, for the period of time for which the Member has enrolled and for which Member has paid, enable the Member to access UGASchat.com All representations, warranties, acknowledgements and agreements by Member, as set forth in this Agreement, shall continue in force throughout the term of the UGAS membership.
5. Member acknowledges and is aware that the use of the UGAS Membership ID will permit the Member to access web sites which may contain materials that are not suitable for minors including, but not limited to, sexually explicit adult oriented materials, depictions and descriptions of graphic nudity, simulated or actual sexual acts, auto eroticism and homosexuality (herein referred to as .Materials.).
6. Member acknowledges that he or she is aware of the following: that all materials including messages and other communications contained in the web sites are intended for distribution exclusively to consenting adults in locations where the materials, messages and other communications contained within or accessible through the adult web sites do not violate any community standards or any federal, state or local law or regulation of the United States or any other country. No person under the age of eighteen (18) or twenty-one in places were eighteen years of age is not the age of majority, may directly or indirectly view or possess any of the contents of the web sites, or place any orders for goods or services advertised at, or in the web site.
7. Member hereby acknowledges and represents that he or she knows and understands that the materials presented at, or accessible from the adult web sites include explicit visual, audio and textual depictions and descriptions of nudity and sexual activities, including without limitation, heterosexual, bi-sexual, homosexual and transsexual activities of an explicit sexual nature; that member is familiar with materials of this kind; that member is not offended by such materials; and that by agreeing to these terms and conditions member is warranting to the Company that he or she is intentionally and knowingly seeking access to such explicit sexual materials for his or her own personal viewing.
8. Member represents and warrants to Company that Member.s acceptance of a UGAS ID and/or purchase of a UGAS Membership on the terms and conditions set forth herein constitutes an unequivocal request to receive sexually explicit material via access to the adult web sites and Member makes the following statements and representations to the Company (and which are relied upon by Company) as a material inducement to issue a UGAS Membership and/or ID to Member:
18 U.S.C. 2257 Compliance Notice:
All models, actors, actresses and other persons that appear in any visual depiction of actual sexual conduct appearing or otherwise contained in UGAS.com (the .website.) were over the age of eighteen years at the time of the creation of such depictions. All other visual depictions displayed on this website are exempt from the provision of 18 U.S.C. 2257 and 28 C.F.R. 75 because any of said visual depictions which appear to be of sexually explicit conduct are merely simulated. With respect to all visual depictions displayed on this website, whether of actual sexual conduct, simulated sexual content or otherwise, all persons in said visual depictions were at least 18 years of age when said visual depictions were created.
The owners and operators of this Website are not the primary producer (as that term is defined in 18 USC section 2257) of any of the visual content contained in the Website. The custodian of records for this Website is:
Robert F. Klueger
Custodian of Records
Tri-Tech Internet Services, Inc.
425 East Colorado Blvd., Suite 600
Glendale, Calfornia 91205
Please direct questions pertaining to content on this Website to: custodian@Cyberage.com
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been violated in any way, please send written Notification to UGAS's Copyright Agent as follows:
Name of Agent Designated to Receive Notification: Sean E. Macias
Full Address of Designated Agent to Which Notification Should be Sent: 425 East Colorado Boulevard, Suite 600, Glendale, California 91205
Telephone Number of Designated Agent: (818) 548-8882
Facsimile Number of Designated Agent: (818) 548-2667
E-mail Address of Designated Agent: copyright@tritech.org
To be effective, the Notification must include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; 4. Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted; 5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of the written Notification containing the information as outlined in 1 through 6 above:
1. UGAS will remove or disable access to the material that is alleged to be infringing; 2. UGAS will forward the written Notification to such alleged infringer ("Subscriber"); 3. UGAS will take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the material.
Counter Notification: The Subscriber then may submit a Counter Notification. To be effective, the Counter Notification must be a written communication provided to UGAS's Designated Agent that includes substantially the following:
1. A physical or electronic signature of the Subscriber; 2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; 3. A statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; 4. The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which the Service Provider may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above:
1. UGAS will promptly provide the Complaining Party with a copy of the Counter Notification; 2. UGAS will inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days; 3. UGAS will replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided UGAS's Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Service Provider's network or system
10. Any action on Your part to Bookmark to a page on a web site whereby the Warning Page, the Age Verification Page, and/or the Terms and Conditions of Membership Page is bypassed shall constitute an implicit acceptance by You of all the Terms and Conditions set forth herein as well as an explicit acknowledgement by You of the fact that You are over the age of 18.
11. Company represents and agrees that except in response to legal process, Company will not disclose, disseminate, sell, lease or transfer any private information provided to it by Member to any third parties. Otherwise, all data, information, compilations, statistical analyses, profiles, membership history and transaction records are the sole and absolute property of Company.
12. All membership fees are non-refundable in the event that any valid membership is cancelled by Company for violation of these terms and conditions or by Member. If it is determined by Company, in its sole and absolute discretion, that the membership was not validly obtained, then Company will credit the credit card account improperly used for the charges and will invalidate the Membership ID.
12.1 In the event that a refund is issued, ALL refunds will be made by crediting the credit card that was used to make the original purchase. NO refunds will be made by cash or check.
12.2 Member acknowledges and is aware that the price of the service provided by the Company is as quoted at time of purchase and that transactions are created, authorized and settled through the Company.s accounts in United States Dollars for these amounts but that these transactions may be conducted at the Company.s banks either within or outside of the United States. In the event that a transaction occurs at one of the Company.s banks not in the United States, the Member acknowledges that the Member.s card issuing bank may charge a fee for the this transaction. The Company does not benefit from these additional fees nor do we authorize, request or initiate these fees. They are charged at the sole discretion of the Member.s card issuing bank.
13. Your Obligations, Duties, Representations and Warranties. You hereby acknowledge and agree that Company.s willingness to enter into this Agreement is based on various material representations, warranties and guarantees made by you and relied upon by Company, as set forth in detail in this paragraph:
14. Member represents and warrants that, in the event Member accesses any Materials, that Member will not use the Materials in any unlawful manner, will not display or transmit the Materials to, or allow access of the Materials by, minors, except where such display, transmission or access is permitted by law.
14.1 Member represents and warrants that, in the event Member accesses any Materials, that Member will not use the Materials in any manner inconsistent with, or in violation of the intellectual property rights of the owner of the Materials.
14.2 Member will not publish, disclose, disseminate or otherwise permit any other person to use his/her UGAS Membership ID.
14.3 Member acknowledges that Company relies on the representations and warranties made by the Member in the Member.s Application and these terms and conditions. Member represents and warrants that all information provided in the Application is true and correct.
14.4 Member agrees not to remove any proprietary notices or designations of ownership from any Materials that Member has accessed from a participating web site at any time.
14.5 Member agrees
not to make any commercial use of any Materials that Member has accessed
from a participating web site without the prior express written authorization
from the participating web site owner.
14.6 Member agrees not to permit other individuals to directly or indirectly
use or view any Materials that Member has accessed from a web site without
the prior express written authorization from the web site owner.
14.7 Member agrees not to modify, translate, reverse engineer, decompile or disassemble any Materials that Member has accessed from a web site without the prior express written authorization from the web site owner.
14.8 Member agrees not to make copies or create derivative works based on any Materials that Member has accessed from a web site without the prior express written authorization from the web site owner.
14.9 Member agrees not to rent, lease, or transfer any rights to any Materials that Member has accessed from a web site without the prior express written authorization from the web site owner.
14.10 Member agrees not to remove any proprietary notices, including copyright and trademark notices, or labels on any Materials that Member has accessed from a web site without the prior express written authorization from the web site owner.
14.11 Member agrees not to make any other unauthorized use of any Materials that Member has accessed from a web site without the prior express written authorization from the web site owner. 15. Membership to the Service may be terminated at any time, and without cause, by either Company or the Member upon notification of the other by electronic or conventional mail, or by telephone, fax or by filling out the Company.s cancellation request form and sending it to Company. When a Member requests termination, membership fees are NOT refunded. You agree to be personally liable for all charges incurred by You during or through the use of the UGAS membership. Your liability for all charges incurred during Your membership term shall continue after termination, for any reason, of Your membership.
16. Members are responsible for providing all personal computer and communications equipment necessary to gain access to the web sites. Access to and use of the web site is through the use of a unique UGAS ID. Each Member must keep his UGAS ID strictly confidential. Sharing Your unique UGAS ID with another individual is strictly prohibited and shall entitle the Company to immediately terminate your membership without notice or reimbursement of any kind.
17. All Platinum, and all Free Trial Platinum Memberships; Cancellation; Conversion To Full Membership. By accepting the Platinum trial membership to the Service and by accepting the UGAS Platinum ID you agree to the following terms and conditions:
17.1 Your Platinum membership will provide you with a UGAS ID that will give You free access to Platinum web sites during the trial period. However, if you do not cancel your free trial membership within the trial period, your trial Platinum membership will be converted to a monthly Platinum pay membership.
17.2 All Platinum and
free Platinum trial-offer members will be E-mailed a notification providing
that the trial-offer member may click on a link to cancel his or her
trial membership a platinum member may also cancel their membership
by going to http://www.UGAS.com/cams/
17.3 To be valid, a cancellation of the Platinum membership, and the Trial Platinum membership must be received by Company no later than 12.01AM of the day following the last full day of the two-week Trial Period.
17.4 Absent such timely notice, all members who have accepted the trial memberships shall be charged a monthly membership fee at the then standard monthly Platinum subscription rate and their monthly memberships will automatically renew on a monthly basis until cancelled.
17.5 One Year and Two
Year Memberships will automatically renew, upon the terms and conditions
effective as of the anniversary date of the renewal period, To be valid,
a cancellation of the One Year or Two Year Membership, Member must contact
UGAS (http://www.UGAS.com/email.
18. INAPPROPRIATE USE OF CHAT, PERSONALS SECTION OR PUBLIC AREAS. If Company enables You to share information with other persons, including without limitation other Program Participants through the use of Chat rooms, Personals section, or other means of communication (hereafter .Public Areas.) on any Company Website, You agree and warrant that You shall not submit, publish, or display any material which is infringing, defamatory, libelous or otherwise unlawful, or any material deemed obscene, lewd, excessively violent, harassing or otherwise objectionable. You further agree to indemnify Company and its officers, directors, employees and representatives for any claims or suits arising from your use of Public Areas in violation of this agreement and warranty.
18.1 Although Company does not assume the duty or obligation to monitor any messages or other materials posted or uploaded on the Public Areas of any Company Website by third parties, including You, Company reserves the right, in its sole and absolute discretion, but is not obligated to monitor any and all materials posted or uploaded by third parties, including You, at any time without prior notice to ensure that they conform to any content guidelines or policies relating to the Public Areas of any of Company.s Website which may be applicable from time to time.
18.2 Although Company does not assume the duty or obligation to monitor any messages or other materials posted or uploaded to the Public Areas of any Company Website by third parties, including You, and is not responsible for any content of these materials, Company reserves the right, in its sole and absolute discretion, but is not obligated, to delete, move, or edit messages or materials, including without limitation advertisements and public postings, without notice, that Company, in its sole discretion, deems to violate the Code of Conduct of the Public Areas or any applicable content guidelines adopted from time to time relating to the Public Areas, or to be otherwise unacceptable.
18.3 You acknowledge and agree that You shall remain solely responsible for the content of messages and other materials You may upload to the Public Areas or to users of the Public Areas of any Company Website and that Company may, in its sole discretion, terminate or suspend Your access to all or part of the Public Areas 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 Public Areas at Company.s sole discretion, and You may be referred to appropriate law enforcement agencies.
19. COMPANY DISCLAIMER REGARDING USE OF PUBLIC AREAS. You acknowledge that You understand that Company is not responsible for, nor can it control, the use by others of any information which You provide to them through the Public Areas, or otherwise, and that You have been advised that You should use caution in selecting the personal information You provide to others through the Public Areas;
19.1 You acknowledge that You understand that Company cannot ensure nor does it make any representations or warranties regarding the security or privacy of information that You voluntarily provide through the Internet and Your email messages, and therefore that You release Company, its officers, directors, employees and representatives from any and all liability in connection with the use or misuse of such information by other parties;
19.2 You further acknowledge that You understand that Company does not control the content of any information, messages, communication or other materials posted or uploaded by users of the Public Areas of any of Company.s Website and that Company does 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 Public Areas. Consequently You agree to release Company, its officers, directors, employees and representatives from any and all liability and responsibility in connection with the content of any information, messages, communication or other materials You may receive from other users of the Public Areas.
20. COMMUNICATIONS IN PUBLIC AREAS NOT PRIVATE. You further acknowledge and agree that all messages or content posted by You or others in any Public Areas of Company.s Website shall be deemed to be readily accessible to the general public and consequently should not be considered private or confidential. Consequently, You should not use the Public Areas for any communication that You intend only You and the intended recipient(s) to read. Notice is hereby given that all messages entered into the Public Areas can and may be read by Company, its employees and representatives, whether or not they are the intended recipient(s).
21. COMPANY.S DISCLAIMER REGARDING USE OF THE PERSONALS SECTION OF COMPANY.S WEBSITE. You acknowledge and agree that Company shall not be responsible or liable to You in any way for any damage or injury which you may sustain, including without limitation any physical damage or injury of any kind, from any communication, contact or meeting, whether in person, by telephone, email or by or through any other means, resulting directly or indirectly from any material or information which you have submitted to Company for posting on any of Company.s Websites, or from a personal ad placed or responded to, or from messages or communications sent or received by You or other persons through Company.s Website, or by or through any other use, directly or indirectly, of the Website.
21.1 You further acknowledge and agree that Company and the Website does not screen any Members or other users of the Website, has no control over their actions and makes no representations or warranties whatsoever with respect to the character, safety, identity, veracity, age, health or any other attribute of Members or other users of the Website;
21.2 You further acknowledge and agree that the Company and the Website does not endorse, encourage, recommend, promote or arrange communications or meetings among or between Members or other users of the Website, or any other persons, and 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 unilaterally choose to communicate with, or meet with any person with whom You have communicated with or encountered, either directly or indirectly through the use of the public areas or Personals area of Company.s Website, or through personal ads or other Works posted on the Website. Consequently You agree to release Company, its officers, directors, employees and representatives from any and all liability and responsibility in connection with the content of any information, messages, communications you may receive from other users of the Personals section of Company.s Website, or from any contact, encounter or meeting with any person or persons directly or indirectly resulting from or related to Your use of the Personals section of Company.s Website.
22. Disclaimer And Limitations On Company.s Liability. The Materials on the web sites utilizing UGAS and all services provided to You by Company are provided on an "AS IS" basis without any express or implied warranty of any kind. No warranty is made by Company, or should be implied, regarding any information, services, Materials or products provided by Company, and Company hereby expressly disclaims any and all warranties, including without limitation: any warranties as to the availability, accuracy, or content of Materials, information, products, or services web sites; any warranties of merchantability or fitness for a particular purpose and non-infringement. Some states do not allow exclusions of an implied warranty, so this disclaimer may not apply to You and You may have other legal rights that vary from state to state or by jurisdiction.
22.1 Company does not guaranty or warrant the compatibility of the Member.s equipment, computer or software, including but not limited to, the type of computer, computer configuration, browser software, other software, or online service.
22.2 In the event that the Company, its owners, officers, employees or agents, are found liable for any failure to perform, error, omission, interruption, defect delay in operation or transmission, communications line failure or under any other cause or action, said liability shall be strictly limited to the amount of membership fee paid by or on behalf of the Member to Company for the preceding month. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to You.
22.3 Under no circumstances and under no cause of action or legal theory, shall Company, its suppliers, licensees, resellers, or other Members, or their suppliers, licensees, resellers or Members be liable to You or any other person for any indirect, special, incidental, punitive or consequential damages of any character including, without limitation, damages for loss goodwill, work stoppage, computer failure or malfunction, any interruption in service or inability of Member to access participating web sites due to technical difficulties or failure of the internet, world wide web, phone lines, switching or any other causes beyond its control, or any and all other commercial damages resulting from accessing, viewing or using any use of Materials of a participating web site even if, in any such case, Company has been advised of the possibility of such damages.
22.4 Company shall in no event be liable to YOU or any third party for any loss resulting from any failure to perform its obligations under this Agreement because of acts of God, nature, any government agency(ies), war, civil disturbance, labor disputes or shortages, electrical or mechanical breakdowns, inability or refusal of a common carrier to provide communications capabilities, or any other cause beyond Company.s direct control, including but not limited to, the issuance of an injunction or seizure order by a court of competent jurisdiction prohibiting Company from carrying on its day-to-day operations as contemplated under this Agreement or an order by any regulatory, administrative, judicial or legislative body, which shall temporarily suspend or permanently terminate Company.s ability to provide YOU with services pursuant to this Agreement.
24. You agree that as a Member you shall not, under any circumstances, have the right to transfer or assign your UGAS membership or membership ID to any other person or entity, and that any attempted transfer or assignment of a membership ID shall be void and shall constitute a material breach of these Terms and Conditions on Your part. Your further agree that the Company, may at any time at its sole discretion and without prior notice to you, transfer or assign Your membership and any or all of its rights and/or obligations hereunder in its free, sole, and unfettered discretion at any time, to an affiliated or non-affiliated Company.
25. This Agreement is not for the benefit of any third party, and shall not be deemed to grant any right or remedy to any third party whether or not referred to in this Agreement.
26. Governing Law; Arbitration; Jurisdiction And Venue. This Agreement shall be governed by and construed under the laws and judicial decisions of the State of California and the United States as applied to agreements between California state residents entered into and to be performed within the State of California, except as governed by Federal law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
26.1 Any and all disputes as to the interpretation of or any performance under this Agreement which are not first resolved informally, shall be determined by binding arbitration in Los Angeles, California, in accordance with the rules of the American Arbitration Association. 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 the State of California and the United States.
26.2 Nothing in this paragraph shall preclude either party from seeking and obtaining any injunctive relief or other provisional remedy available in a court of law, including, specifically, Company.s right to prejudgment attachment and expedited discovery. In addition to the foregoing, the parties hereto hereby agree that as part of the consideration for this Agreement, they waive the right to a trial by jury for any dispute arising between them that is in any way related to the subject matter of this Agreement, provided that the arbitration provisions of this paragraph are waived or are otherwise inapplicable. Should any legal fees, costs, or other expenses be incurred by any party to enforce this arbitration and jury waiver provision, the prevailing party shall be entitled to recover such legal fees, costs, or other expenses without regard to whether such party prevails in the underlying case.
26.3 Notwithstanding the foregoing, if for any reason any matter or dispute arising under this Agreement is not resolved by binding Arbitration, or if any of the proceedings or decisions of the Arbitration must be enforced by a court of competent jurisdiction, Member agrees that in case of any litigation regarding this Agreement or the various subject matters hereof, that the venue for such litigation shall be, depending on by the subject matter of the dispute, either the Municipal Court of Los Angeles, California, the Superior Court of the County of Los Angeles, or the United States District Court for the Central District of California, Western Division. Licensee hereby consents and stipulates to the jurisdiction of the Courts of the State of California and the United States District Court, Central District of California, Western Division.
27. All notices, payments,
statements or other documents that any party to this Agreement is required
to or elects to give to the other party hereto will be in writing and
will be delivered in one of the following ways: (a) by personal delivery;
(b) by addressing the notice to Company at 425 E. Colorado #600, Glendale
CA 91205, and to YOU at the address YOU have supplied to Company in
Your Application and depositing the same registered or certified mail,
postage prepaid, in the United States mail; (c) by Federal Express;
(d) by facsimile transmission; or (e) by E-mail and transmission by
first class U.S. mail. In addition, Company may make change to these
Terms and Conditions by posting notice of such change on the front page
of its web site located at http://www.UGAS.com/stdterms.
28. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision(s) had never been included.
29. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision.
30. For purposes of construction, this Agreement shall be deemed to have been drafted by both Licensor and Licensee.
31. A waiver by either party of any term or condition of this Agreement in any one instance shall not be deemed or construed to be a waiver of such term or condition for any similar instance in the future of any subsequent breach hereof. All rights, remedies, undertakings, obligations and agreements contained in this Agreement shall be cumulative and none of them shall be a limitation of any other remedy, right, undertaking, obligation, or agreement.
32. If suit, action or arbitration is brought to enforce or interpret any provision of this Agreement, or the rights or obligations of any party hereto as they relate to the subject matter of this Agreement, the prevailing party shall be entitled to recover, as an element of such party.s costs of suit, and not as damages, all reasonable costs and expenses incurred or sustained by such prevailing party in connection with such suit or action or arbitration, including, without limitation, attorneys. fees and expenses and court costs.
33. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes and cancels all other prior agreements, discussion, or representations, whether written or oral. No officer, employee or representative of Company or You has any authority to make any representation or promise in connection with this Agreement or the subject matter thereof which is not contained expressly in this Agreement; and, Company and You hereby acknowledge and agree that neither Company nor You have entered into this Agreement in reliance upon any such representation or promise.
34. No modification of this Agreement, in whole or in part, shall be enforceable unless reduced to writing and signed by duly authorized representatives of the parties hereto.
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