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TERMS OF USE and NOTICES AGREEMENT BETWEEN USER AND THE DOLL PALACE Thank you for visiting thedollpalace.com, The Doll Palace, Inc. ("TDP") web site (the "Site"). Access to and use of the Site is governed by the terms and conditions set forth below, as well as any applicable laws, statutes, ordinances and regulations. By browsing, visiting or otherwise accessing or using the Site, you agree to abide by the terms and conditions set forth below. We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms and conditions periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions. TRADEMARKS. Unless otherwise indicated, all trademarks, service marks, logos and trade dress on the Site are registered trademarks of The Doll Palace, Inc. in the United States and other countries and may not be used without obtaining the prior written permission of the owner. COPYRIGHT. Unless otherwise indicated, all material included on the Site, such as text, graphics, logos, button icons, images, software, and the compilation (meaning the collection, arrangement and assembly) of all materials on this Site (the "Material") are owned by The Doll Palace, Inc., are protected by U.S. and international copyright laws and may not be used without obtaining the prior written permission of the owner. RESTRICTIONS ON USE OF MATERIALS. No copyrighted materials on the Site may be copied, reproduced, distributed, modified, republished, uploaded, posted or transmitted in any way, without the prior written permission of the owner, except as follows: you may download one copy of the material on one computer for your personal, noncommercial home use only, provided you do not delete or change any copyright, trademark or other proprietary notices. Modifications or use of the materials for any other purpose violates the intellectual property rights and other rights of the owner. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws. SUBMISSION OF UNSOLICITED IDEAS. TDP's policy is not to accept or consider any unsolicited ideas or materials such as remarks, suggestions, ideas, graphics or other information through this Site (together, the "Submissions"). If you send us Submissions regardless of this policy, TDP will consider all Submissions as non-confidential and free of any claims of proprietary or personal rights. All Submissions will forever be the property of TDP, or such entity as TDP shall indicate, free and clear of any claims by you or others. TDP and its affiliated will not incur any liability as a result of any similarities that may appear in future TDP operations. All Submissions to this Site or to TDP are, and shall remain, the sole and exclusive property of TDP, or such entity as TDP shall indicate, and may be used by TDP for any purpose whatsoever, commercial or otherwise, without compensation, payment or any other obligation to anyone, including you. CHAT ROOMS / MESSAGE BOARDS. The Site provides users an opportunity to post and exchange information, ideas and opinions (the "Postings"), please be advised that Postings do not necessarily reflect the views of TDP. In no event shall TDP assume or have any responsibility or liability for any Postings or for any claims, damages or losses resulting from their use and/or appearance on this Site. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous or otherwise unlawful information. You hereby authorize TDP to use, and authorize others to use, your Postings in whole or in part, throughout the world in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. Without limiting the foregoing, TDP will have the right to use and change the Postings in any manner that TDP may determine. Additionally, TDP may sweep its chat rooms and/or message boards periodically in its sole discretion. TDP does not allow Postings which contain: private or personal information which might identify a user, profanity or obscenities personal attacks on other individuals slanderous, defamatory, obscene, pornographic, threatening and harassing comments; and/or other information that TDP deems in its sole discretion to be inappropriate for this Site. The chat rooms/message boards may be used for noncommercial purposes only. Users may not post any information intended to promote and/or generate revenue for any third party business activity. Although TDP periodically monitors the content posted on this Site, we cannot be responsible for the views or opinions expressed by third parties. Nonetheless, TDP will make every effort to ensure that the chat rooms/message boards best serve the interests of all users and, therefore, TDP reserves the right to refuse to post, edit, or delete messages that violate the above-referenced Rules of Participation, as well as revoke the privileges of users who do not comply with such rules. DISCLAIMER. THIS SITE IS PROVIDED BY TDP ON AN "AS IS" BASIS. TDP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TDP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TDP DOES NOT WARRANT THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TDP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. TDP HAS NO DUTY TO UPDATE THE SITE OR THE CONTENT HEREOF, AND TDP WILL NOT BE LIABLE FOR ANY FAILURE TO UPDATE SUCH INFORMATION. TDP MAKES NO REPRESENTATIONS REGARDING THE CONTENT OF ANY OTHER WEB SITES THAT YOU MAY ACCESS FROM THE SITE. A LINK TO A NON-TDP WEB SITE DOES NOT MEAN THAT TDP ENDORSES OR ACCEPTS ANY RESPONSIBILITY FOR THE CONTENT OR USE OF SUCH WEB SITE. TDP IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATION OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THIS SITE OR WITH RESPECT TO THE INFORMATION AND MATERIAL CONTAINED ON THIS SITE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL RESTS WITH YOU. When you communicate with TDP through the Site, your information is used by TDP in accordance with our Privacy Policy. However, TDP will use reasonable efforts to treat as confidential any e-mails, resumes, applications or inquiries sent to us for the purpose of inquiring into potential employment with TDP, in accordance with our employment policies. Any such e-mail, resume or submission sent to us will be used for internal purposes only. Please be aware that submission of your resume or application may not be considered and TDP is under no obligation to respond to such solicitations. LIMITATION OF LIABILITY. TDP, AND ITS AFFILIATED AND RELATED COMPANIES, WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING, BUT NOT LIMITED TO, SPECIAL OR CONSEQUENTIAL DAMAGES (I) CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE; OR (II) RESULTING FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF THERE IS NEGLIGENCE ON THE PART OF TDP OR IF AN AUTHORIZED TDP REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. TDP'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID, IF ANY, TO ACCESS THIS SITE. THIRD PARTY HYPERLINKS. The appearance of external hyperlinks generated by third parties does not constitute endorsement by TDP, its subsidiaries and affiliates of the opinions or views expressed by these third party websites and TDP does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained at these sites. Furthermore, TDP is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such, neither TDP nor its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally, TDP will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked sites. INDEMNIFICATION. You agree to indemnify, defend and hold harmless, TDP , its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this agreement by you. TDP reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with TDP in asserting any available defenses. MISCELLANEOUS. TDP operates and controls this Site from its offices at Brooklyn, NY 11234, United States of America. This Site is intended for residents of the United States only. No software from this Site may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions. This Agreement contains the entire understanding and supersedes all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. This Agreement and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the State of New York applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action in the State of New York.
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