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Last modified: August 25, 2001
D I S C L A I M E R
The public files present on this server may be downloaded only at your own risk. By downloading anything from this server, you're agreeing that
3DLuVr can *not* be held responsible in any way for the contents or any problems or undesirable results that may occur due to the usage of
any of these files. If you do not agree to that, then you are not permitted to download files from this server.
T E R M S A N D C O N D I T I O N S
WELCOME TO 3DLuVr's NETWORK OF WEB SITES (COLLECTIVELY THE "3DLuVr Network"). THE FOLLOWING TERMS AND CONDITIONS
(THE "AGREEMENT") GOVERN ALL USE OF 3DLuVr's SERVICES AND FEATURES (3DLuVr's "SERVICE"). PLEASE READ THIS AGREEMENT VERY
CAREFULLY. BY CONTINUING TO UTILIZE 3DLuVr's SERVICE, YOU INDICATE THAT YOU AGREE TO BE BOUND BY THIS AGREEMENT.
COST OF 3DLuVr's SERVICE
At present, 3DLuVr's Service is provided at no charge to all users, visitors or viewers. 3DLuVr reserves the right, at any time and in its sole discretion,
to begin charging a fee for use of 3DLuVr's Service and/or access to the 3DLuVr.
DISCONTINUANCE OF SERVICE
You acknowledge that 3DLuVr reserves the right to modify or discontinue 3DLuVr's Service, or any features of 3DLuVrs Service,
temporarily or permanently, without prior notice to you and you agree that 3DLuVr is not liable to you should it do so.
CHANGES TO AGREEMENT
3DLuVr and all of its Services are provided to you subject to your adherence to the terms and conditions of this
Agreement, including any additional operating policies that 3DLuVr may establish from time to time. 3DLuVr may modify,
amend or make changes to this Agreement in future. Notice of changes will be posted on 3DLuVr. Your continued use of
3DLuVr's Service will be deemed to constitute your acceptance of amendment any such changes.
PROPRIETARY RIGHTS
Content available through 3DLuVr -- including, without limitation, text, graphics, software, music, sound, photographs, and videos, and any content provided
by any third party (collectively "3DLuVr Content"), is protected by copyrights, trademarks, service marks, patents or other proprietary rights or laws.
You may not copy, distribute, print, reprint or create derivative works of such content without express permission and you may not "frame" any 3DLuVr Content into
3DLuVr's site or "frame" content from 3DLuVr's site into any other site.
All of the original information and content on this web site are the property of The 3DLuVr (more specifically the owner of the 3DLuVr) unless otherwise stated.
You may request a permission to reprint material at the following e-mail address:
[email protected],
however permission or even a response to your inquiry is not guaranteed.
SERVICE AVAILABILITY AND CUSTOMER SERVICE
Although 3DLuVr strives to maintain the availability of 3DLuVr's Service twenty-four hours a day, it makes no representation
or promise that 3DLuVr's Service will always be available, and you agree 3DLuVr is not liable to you or any third party for
the temporary or permanent unavailability of 3DLuVr's Service.
DISCLAIMER OF WARRANTIES
3DLuVr'S SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF 3DLuVr'S SERVICE IS
AT YOUR SOLE RISK. 3DLuVr DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY
WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
3DLuVr DOES NOT MAKE ANY WARRANTY THAT 3DLuVr'S SERVICE WILL MEET ANY OR ALL OF YOUR REQUIREMENTS, OR THAT 3DLuVr'S SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES 3DLuVr MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF 3DLuVr'S SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY
INFORMATION OBTAINED THROUGH 3DLuVr'S SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF 3DLuVr'S SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
3DLuVr DOES NOT MAKE ANY WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM 3DLuVr'S SERVICE OR
ANY TRANSACTIONS ENTERED INTO BY USE OF OR THROUGH 3DLuVr'S SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 3DLuVr OR THROUGH 3DLuVr'S SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY MADE HEREIN.
LIMITATIONS OF LIABILITY
YOU HEREBY AGREE TO WAIVE, RELEASE AND FOREVER DISCHARGE 3DLuVr AND ITS RESPECTIVE OFFICERS, PARTNERS, SHAREHOLDERS,
SUBSIDIARIES, AFFILIATES, PARENTS, ATTORNEYS, AGENTS, EMPLOYEES, REPRESENTATIVES, LICENSEES, SUCCESSORS, ASSIGNS, ALTER EGOS,
JOINT VENTURERS, LEGAL PREDECESSORS, AND THEIR RESPECTIVE INSURERS, SURETIES, AND UNDERWRITERS, OF AND FROM ANY AND ALL
RIGHTS, FROM ALL CLAIMS, EXPENSES, DEBTS, DEMANDS, COSTS, LIABILITIES, OBLIGATIONS, DAMAGES AND CAUSES OF ACTIONS OF EVERY
NATURE, WHETHER KNOWN OR UNKNOWN, WHETHER IN LAW OR IN EQUITY, RELATING TO ANY MATTER WHATSOEVER ARISING OUT OF OR CONCERNING
3DLuVr's SERVICE, THE USE OR THE INABILITY TO USE 3DLuVr's SERVICE, ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH 3DLuVr's SERVICE, THE UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY ADVERTISEMENTS PLACED
ON ANY LIST OR CUSTOMER CONTENT OR OTHER INFORMATION TRANSMITTED USING 3DLuVr's SERVICE, ANY FAILURE TO DELIVER, HOLD OR STORE
EMAIL TRANSMITTED THROUGH 3DLuVr's SERVICE, ANY LISTS HOSTED BY 3DLuVr, ANY NON-HOSTED LISTS, ANY 3DLuVr CONTENT, ANY CUSTOMER
CONTENT, ANY TERMINATION, SUSPENSION OR IMPAIRMENT OF 3DLuVR, 3DLuVr's SERVICE, ANY LIST, NON-HOSTED LIST OR ANY RIGHT OF
ACCESS TO ANY OF THE AFOREMENTIONED, OR ANY DISCLOSURE OR PERSONAL OR DEMOGRAPHIC DATA TO THIRD PARTIES.
You agree that any claim or cause of action arising out of your use of 3DLuVr's Service or this Agreement must be filed
within one year after such claim or cause of action arose or it shall be forever barred, not withstanding any statute of
limitations or other law to the contrary.
You hereby acknowledge and agree that under no circumstance shall you be entitled to restrain or enjoin the operations of
3DLuVr or its providing of any of its Services, it hosting of any Lists or any other form of injunctive relief; it being
acknowledged and agreed that your sole and exclusive remedy in the event of any breach by 3DLuVr of this Agreement shall be
limited to discontinuing your use of 3DLuVr's Service.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless 3DLuVr, its parents, subsidiaries, affiliates, officers, directors, employees,
agents, and suppliers, and their respective affiliates, officers, directors, employees, and agents, from any claim, action,
demand, or damage, including reasonable attorney's fees, made by any third party arising out of or related to your use of
3DLuVr's Service or your violation of this Agreement, including without limitation the infringement by you or any other user
of your account, of any intellectual property or other right of any person or entity. 3DLuVr may, at its sole discretion,
assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or
control by 3DLuVr, however, shall not excuse any of your indemnity obligations.
SEVERABILITY
The validity, legality or enforceability of the remainder of this Agreement will not be affected even if one or more of the
provisions of this Agreement is held to be invalid, illegal or unenforceable in any respect.
APPLICABLE LAW
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and/or Canada, without giving
effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the courts
located within Greater Toronto Area, or the Province of Ontario.
We thank You for understanding and cooperation.
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