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Terms of Use
These terms of use are a binding legal agreement ("Agreement") between you and Isellim and hereafter referred to as "Isellim." The term "You" or "Your" refers to the legal person or entity creating an account with Isellim, including without limitation you, the company or entity which You represent together with Your employees, agents, representatives or authorized third parties. The terms and conditions which govern Your use of Isellim services and the Isellim.com website (individually and collectively "Isellim Services") are as follows:
1. You may use Isellim Services subject to all of the terms and conditions set forth herein as well as the policies and guidelines of Isellim all of which are considered part of this Agreement. The terms, conditions, policies and guidelines set forth herein or incorporated herein by reference are collectively referred to in this Agreement as "Terms and Policies" and may be modified at any time by Isellim in its sole and absolute discretion. If after modification the Terms and Policies are no longer acceptable to You, Your only recourse is to terminate Your use of Isellim Services. However, if You continue to use Isellim Services after the effective date of any modifications to these Terms and Policies, Your use will constitute acceptance of the Terms and Policies and You will be bound by the Terms and Policies, as modified. You must be at least eighteen (18) years old and capable of entering a binding contract under applicable law. Upon request of Isellim, you shall provide us with verification of Your age, identity and other personal identifiable information. You shall not use Isellim Services in a country where You are prohibited from using such services.
2. You will create a unique Member Name and password to access your account and Info Provider Services (as defined below). You are solely responsible for all activity in Your password protected account. You are solely responsible for Your use of Isellim Services and the conversations and communications You have with persons who contact You for advice, information or services ("Info Purchaser(s)") or persons who provide advice, information or services (" Info Provider(s)") in connection with use of Isellim Services. You, when acting as an Info Provider, are solely responsible for any services, information and products (collectively "Info Provider Services") You provide to Info Purchasers, including but not limited to, any content, statements, discussion or information contained in Your websites, e-mails, conversations, blogs, web logs, contact lists, reference materials or communications or links in any form or media. Isellim does not provide any advice, information or products or verify, guarantee or make any representations regarding the identity or qualifications of any Info Provider or Info Purchaser. Isellim shall not be liable for any of Info Provider Services or for the timeliness or content of the communications between Info Providers and Info Purchasers. Info Providers (or Info Purchasers) who do not keep their scheduled appointments will not be the responsibility of Isellim and appointments are set up at the sole risk of the Info Provider and Info Purchaser.
3. In connection with Your use of Isellim Services You shall not, and shall not authorize any person to (i) use Isellim Services for fraudulent, misleading, deceptive, unfair or illegal business practices (ii) violate or encourage violation of any laws or regulations (iii) violate the privacy rights or publicity rights of any third party, or (iv) violate the copyright, patents, trademarks or trade secrets of any third party.
You, as an Info Provider, represent and warrant that You hold all necessary right, title and interest to any information or materials used in Your provision of Info Provider Services to Info Purchasers. You also represent and warrant that You will not violate the intellectual property rights, publicity rights or rights of privacy of any third party in connection with Your provision of Info Provider Services. You also represent that You will not use the Isellim Services for any form of adult entertainment or adult oriented services.
If during your use of Isellim Services you come into possession of any confidential or proprietary information belonging to Isellim, you shall keep that information strictly confidential (except as otherwise required by law), including but not limited to the non-public details of Your use of Isellim Services and any amounts payable to You and Isellim hereunder.
4. Isellim shall own all right, title and interest in Isellim Services and the Isellim.com site, including but not limited to, all methods, processes, content, formats, designs, URLs, buttons together with all inventions, patents, copyrights, trademarks and other intellectual property rights and derivative works and improvements pertaining thereto. No copyrights, patent rights, trademarks or licenses are conferred herein by Isellim, either expressly or by implication.
You hereby grant to Isellim, its distribution partners, affiliates and similar third party website/media providers of Isellim's choice the right to use, copy, distribute, display or reference in any media form Your listing information, including without limitation, Your listing name, tags, descriptions, photos, Isellim buttons.
5. Isellim DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. Isellim DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, TIMELINESS AND PERFORMANCE OF Isellim SERVICES, AND ANY INFORMATION, ADVICE OR SERVICES OBTAINED FROM INFO PROVIDERS AND THE TIMELINESS THEREOF THROUGH THE USE OF Isellim SERVICES OR ANY LINKS PROVIDED BY THEM. FURTHERMORE, Isellim SHALL NOT BE LIABLE TO YOU FOR THE CONSEQUENCES OF ANY INTERRUPTION OF Isellim SERVICES OR ANY ERRORS.
(A) UNDER NO CIRCUMSTANCES SHALL Isellim, OR ITS PARENT COMPANY, AGENTS, AFFILIATES, SUPPLIERS OR PARTNERS, BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, LOST PROFITS, OR SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF Isellim SERVICES OR COMMUNICATIONS BETWEEN INFO PROVIDERS AND INFO PURCHASERS, WHETHER THE DAMAGES ARE FORSEEABLE AND WHETHER OR NOT Isellim HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND
(B) WITHOUT LIMITING THE FOREGOING, Isellim'S AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THIS AGREEMENT AND YOUR USE OF Isellim SERVICES SHALL NOT EXCEED THE GREATER OF (i) THE TOTAL CHARGES ACTUALLY PAYABLE BY YOU TO Isellim UNDER THIS AGREEMENT IN THE PREVIOUS SIX (6) MONTHS PRIOR TO THE CLAIM GIVING RISE TO LIABILITY, AND (ii) $100.
6. You, as an Info Purchaser or Info Provider, are responsible for all of Your account transactions.
You as an Info Purchaser represent and warrant that You are authorized to use the PayPal account listed for Your account. By adding funds to Your account, You authorize such amounts to be charged to such account to pay for Info Provider Services and any other services provided through the use of Isellim technology or Isellim's platform. Rates charged for the Info Provider Services are based upon the rate identified at the time of purchase.
You, as an Info Provider, agree that from all amounts to be paid to You for your provision of Info Provider Services that You shall pay Isellim a percentage of such amount and connection charges as set forth on the isellim website. All fraud claims and chargebacks occurring in connection with Your provision of Info Provider Services are Your responsibility. Account charges are exclusive of taxes. You will be responsible to pay all taxes and governmental charges associated with Info Provider Services and Your use of Isellim Services.
7. You shall indemnify, defend and hold harmless Isellim, its parent company, agents, affiliates, suppliers and partners from any third party claim or liability (including reasonable legal fees and costs) arising out of or in connection with (i)Your use of Isellim Services, (ii) the provision of Info Provider Services, (iii)Your breach of any representation or warranty, (iv) Your breach of this Agreement or any of its Terms or Policies, or (v) any infringement of intellectual property rights related to Info Provider Services.
8. Your access to Isellim Services and this Agreement may be terminated by Isellim at any time for any reason or no reason, with or without prior notice, without liability to Isellim. Notwithstanding the foregoing or anything to the contrary herein, obligations and liabilities which arose prior to termination shall survive the termination of Your Isellim Services or this Agreement.
9. You consent to the use of electronic means to complete this Agreement and to provide You with any notices related to this Agreement. You also consent to the use of electronic records to store information related to this Agreement and Your use of the Isellim Services.
10. Any notices to Isellim must be sent to Richard Ellender, 3 Lillian Court, View Bank, Victoria, 3084. Australia with a copy to the Legal Department, via first class mail return receipt and are deemed given upon signed receipt.
11. Under no circumstances shall Isellim, its parent company, agents, affiliates, suppliers and partners be liable for any delay or failure in performance of Isellim Services resulting directly or indirectly from forces, causes or matters beyond its reasonable control.
12. Performance under this Agreement shall be deemed to take place in the State of Victoria. This Agreement shall be governed by the laws of the State of Victoria, excluding its conflicts of laws principles. Any disputes arising from this Agreement shall be adjudicated in the courts of Victoria. You may not assign this Agreement or any of Your rights herein, and any attempt to do so is void. Any amendments or modifications by You must be in writing and signed by both You and Isellim to be valid. If any provision is invalid or unenforceable with respect to a party, the remainder of the Agreement, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. No waivers shall occur unless in writing. The waiver of any default shall not be a waiver of any subsequent default. Terms and conditions of this Agreement which by their express language or by their sense and context survive the termination or cancellation of this Agreement will so survive. This Agreement constitutes the entire agreement between You and Isellim with respect to the subject matter contained herein.
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