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REALAVS WEBMASTERS AGREEMENT TO TERMS AND CONDITIONS
All Web Site operators who wish their Web Site to be listed on the RealAVS Participating Links page(s) and search engine must agree to comply with the Webmasters Agreement to Terms and Conditions (Agreement) set forth below. If you violate these Policies or Terms and Conditions, your Web Site will not be listed on the RealAVS Links Pages (or if listed, will be removed from the Links Pages), and, at RealAVS's sole discretion, You may not be approved to utilize the RealAVS System. Please read these Policies and Agreement to Terms and Conditions carefully, if you agree to become a RealAVS Webmaster, these will constitute binding and enforceable Policies and Terms and Conditions between RealAVS (a service mark of Real Internet) and You, the participating Webmaster (You, Webmaster).
10. Webmaster Representations and Warranties. You represent and warrant to RealAVS and agree as follows:
(i) that YOU shall be solely responsible for all decisions and all liability with respect to the selection and use of graphic, photographic, video, audio, literary content or any other content of any kind which is displayed or disseminated by and through YOUR Web Sites;
(ii) that YOU shall be solely responsible for all decisions and all liability with respect to permitting or denying access to and membership in YOUR Web Sites, including without limitation the criteria for permitting or denying access to and membership in the YOUR Web Sites;
(iii) that YOU shall be solely responsible for all decisions and all liability with respect to geographical areas where YOUR Web Sites or the content of YOUR Web Sites are permitted to be accessed or downloaded;
(iv) that YOU shall be solely responsible for all decisions and all liability relating to compliance with all state and federal laws and regulations governing the sale, distribution, dissemination and advertising of adult content which is displayed, distributed, sold or advertised in or through YOUR Web Sites,;
(v) that YOU shall not display or include in YOUR Web Sites any content that infringes one or more patents, copyrights, trademarks, or other intellectual property rights (including trade secrets), privacy, publicity or other rights of any person or entity, or that violates any state of federal obscenity, harmful matter or child pornography laws;
10.1 You further represent and warrant to RealAVS and agree that your site shall not display, publish, link to, or provide access to any images, pictures, stories, video clips or any other media portraying any content that is deemed illegal in Canada, or that violates the personal or property rights, such as, without limitation, the following:
(i) any material that violates any Provincial or Federal laws concerning obscenity; in connection therewith you agree to assume the sole responsibility and duty to ensure that all material on your Web Sites shall be transmitted exclusively to willing adults and only to geographical locations in which such materials comply with local contemporary community standards; you further agree that the content on your Web Sites shall not contain any depictions of urination or other excretory functions, bestiality, fisting, incest, rape, sexual assault, actual physical violence, torture or disfigurement;
(ii) any material that is displayed or transmitted in a way as to constitute harmful matter or indecent communications to minors;
(iii) any material which constitutes child pornography, i.e., any material in which persons under the age of eighteen are depicted in actual, simulated or suggestive sexual situations (ANY WEB SITE FOUND TO POSSESS OR DISPLAY ANY CHILD PORNOGRAPHY WILL BE REPORTED IMMEDIATELY TO THE APPROPRIATE LAW ENFORCEMENT AGENCIES);
(iv) any material which involves depictions of nudity or sexuality by an age inappropriate-looking performer (i.e. someone who looks younger than 18 years of age regardless of the person's actual age), or by a performer who is portrayed or made to appear to be a person under the age of 18 years of age by virtue of the script, make-up, demeanor, costuming, setting, etc.
(v) any material which is threatening, abusive, hateful, defamatory, libelous, slanderous, scandalous or injurious to the reputation of any person or entity;
(vi) any material which constitutes an infringement, misappropriation or violation of any person's intellectual property rights such as copyrights, trademark rights, rights of publicity, patent rights, personal property rights, privacy rights or other rights;
(vii) any false, misleading, fraudulent or deceptive content;
(viii) any program, file, data stream or other material which contains viruses, worms, "Trojan horses" or any other destructive feature, regardless whether damage is intended or unintended, which may cause damage to any computer equipment, loss or corruption of data or programs or inconvenience to any person.
11. You understand and agree that if RealAVS concludes, in its sole and absolute discretion, that a participating Web Site contains content that RealAVS concludes is illegal in Canada or that violates the personal or property rights of others, RealAVS has reserved the right, without prior notice, to remove the Web Site and any of its content from its Links Page and to immediately terminate and de-activate the account of the participating Web Site.
12. You agree that when and if your site is going to be temporarily unavailable, it is your sole responsibility to e-mail support at techsupport@RealAVS.com with an estimated length of downtime so RealAVS may arrange to keep your account open during the duration of your downtime.
13. You acknowledge that you understand that it is RealAVS's policy and practice regularly to check the Links pages for bad links. If RealAVS comes across a site that we cannot access, or if we cannot locate the RealAVS script - that link will be removed from the Links pages. You further understand and agree that after a period of 60 days of inactivity, webmasters shall automatically lose claim on any reoccurring commissions owed to them, and that any commissions or payment(s) otherwise due to a web master of an inactive site will thereupon automatically be forfeited and shall be the sole property of RealAVS.
14. You understand and agree that the name of your Web Site on our Links Page must match the name displayed on your Web Site. You may not add numerical or non-alphanumerical characters to your Web Site name to get listed higher in the Links pages. You further agree that Web Site names may be changed at our discretion.
15. You understand and agree that only sites using the RealAVS script to protect their site or a portion of their site will be listed on the Links Pages.
16. You understand and agree that if your Web Site is seen with blind links of any kind your Web Site will be removed off of our links pages without warning.
17. You understand and agree that if your Web site is seen with blind links to the sign-up pages and RealAVS concludes, in its sole and exclusive discretion, that you are abusing our webmaster programs, your participation and listing in the RealAVS Webmaster Links Page and Search Engine can be immediately terminated by RealAVS without any prior notice to you. Upon such termination, you will lose all claims on any reoccurring commissions owed to you and any commissions or payment(s) otherwise due to you will be forfeited and automatically become the sole and exclusive property of RealAVS.
18. You understand and agree that if RealAVS concludes you have broken or violated any of these policies, RealAVS reserves the right, in its sole and absolute discretion, to terminate your participation in the RealAVS program or network. Upon termination, you will lose all claim or right to any reoccurring commissions to which you might otherwise be entitled as a participating member of the RealAVS program or network and all such commissions will be forfeited and automatically become the sole and exclusive property of RealAVS.
19. Limitation of Liability. NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY (OR TO ANY PERSON CLAIMING RIGHTS DERIVED FROM THE OTHER PARTY'S RIGHTS) FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOSS OF BUSINESS, OR OTHER ECONOMIC DAMAGE, AND FURTHER INCLUDING INJURY TO PROPERTY, AS A RESULT OF BREACH OF ANY WARRANTY OR OTHER TERM OF THIS AGREEMENT, REGARDLESS OF WHETHER THE PARTY ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF. EACH PARTY ACKNOWLEDGES THAT THE FOREGOING PROVISIONS REFLECT AN INFORMED, VOLUNTARY ALLOCATION BETWEEN THE PARTIES OF THE RISKS (KNOWN AND UNKNOWN) THAT MAY EXIST IN CONNECTION WITH THIS AGREEMENT, THAT SUCH VOLUNTARY RISK ALLOCATION WAS A MATERIAL PART OF THE BARGAIN BETWEEN THE PARTIES, AND THAT THE ECONOMIC AND OTHER TERMS OF THIS AGREEMENT WERE AGREED TO BY THE PARTIES IN RELIANCE ON SUCH VOLUNTARY RISK ALLOCATION
20. Either party shall be excused from delays in performing or from its failure to perform hereunder to the extent that such delays or failures result from causes beyond the reasonable control of such party, including, without limitation, 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 either party's direct control, including but not limited to, the issuance of an order by any regulatory, administrative, judicial or legislative prohibiting or interfering with either party from carrying on its day-to-day operations as contemplated under this Agreement.
21. Nothing in this Agreement shall constitute or be construed to constitute or tending to create an agency, partnership, joint venture, master-servant or employer-employee relationship between RealAVS and You, in any respect, any other provision of this Agreement notwithstanding.
22. No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of this Agreement may be waived or amended only in writing and only by the party that is entitled to the benefits of the term(s) or condition(s) being waived or amended. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained (whether or not the provision is similar).
23. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada.
24. Each party to this Agreement acknowledges that this Agreement constitutes the entire Agreement of the parties with regard to the subject matters addressed in this Agreement, that this Agreement supersedes all prior or contemporaneous agreements, discussions, or representations, whether oral or written, with respect to the subject matter of this Agreement, and that this Agreement cannot be varied, amended, changed, waived, or discharged except by a writing signed by all parties hereto. Each party to this Agreement further acknowledges that no promises, representations, inducements, agreements, or warranties, other than those set forth herein, have been made to induce the execution of this Agreement by said party, and each party acknowledges that it has not executed this Agreement in reliance on any promise, representation, inducement, or warranty not contained herein.
25. If any provision of these Terms and Conditions is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable.
26. You may notify or contact RealAVS by email at billing@RealAVS.com.
27. AFFIRMATION OF AGREEMENT. You hereby acknowledge and affirm that you have read this entire agreement and that your act of clicking on the SIGNUP button below constitutes your electronic signature and AGREEMENT to be bound by all of these Terms and Conditions.
Please double check all the information before pressing "Signup".
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